FINANCIAL IMPACT
Annual spending among t he three (3) contract s will not exceed $900,000 . Actual vendors will be selected based on availability, with the lower cost vendor be the first choice. Funding is included in the Public Works Streets Division Fiscal Year 2024 -25 amended o perating budget.
RECOMMENDATION
It is recommended that the City Council:
Award one-year contracts to: All American Asphalt, Calmat Co DBA Vulcan Materials Company Western Division, and RJ Noble Company; and
Authorize the City Manager to execute contracts with the three (3) companies to provide asphalt products for ‘will call’ and delivery on an as-needed basis in the amounts as follows:
All American Asphalt $400,000
Calmat Co. DBA Vulcan Materials
Company Western Division
$400,000
R.J. Noble Company $100,000
Authorize the City Manager execute the contracts on behalf of the City, and to make minor contract modifications as needed.
By: Raul Leyva, Public Works Supervisor
ATTACHMENT(S)
1. All American Asphalt Attachment B
2. All American Asphalt Contract FY25
3. All American Asphalt Insurance
4. RJ Noble Attachment B
5. RJ Noble Contract FY25
6. RJ Noble Insurance
7. Vulcan Materials Attachment B
8. Vulcan Contract FY25
9. Bid Tabulation Report
416
417
418
1 CONTRACT FOR:
(Asphalt Supply for Will Call and Delivery Services)
THIS AGREEMENT is made this day of , 2024, by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY") and All American Asphalt, herein after referred to as “CONTRACTOR”.
RECITALS
The following recitals are a substantive part of this Agreement:
1. This Agreement is entered into pursuant to Garden Grove City Council authorization, dated ___________________.
2. CITY desires to utilize the services of CONTRACTOR to: Provide Asphalt Products for Will Call and Delivery to Various Job Locations in the City of Garden Grove per the bid specifications at the agreed upon delivery date and time, per Attachment “A”.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Term and Termination. The term of the agreement shall be from July 1, 2024 through June 30, 2025. This agreement may be terminated by the CITY without cause. In such event, the CITY will compensate CONTRACTOR for work performed to date in accordance with the City of Los Angeles Agreement which is attached as Attachment A and is hereby incorporated by reference. Contractor is required to present evidence to support performed work.
2. Services to be Provided. The services to be performed and equipment to be provided by CONTRACTOR shall consist of Provide and Deliver asphalt and related products to the City of Garden Grove per Attachment ”A”, which is incorporated herein by reference.
3. Compensation. CONTRACTOR shall be compensated as follows:
3.1 AMOUNT. Total Compensation under this agreement shall not exceed (NTE) amount of Four Hundred Thousand Dollars ($400,000.00), payable in arrears and in accordance with bid proposal in Attachment “B”.
Unless expressly provided otherwise, all prices and fees specified in Attachment “B”, attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by authorized representative. The total price shall include (i) all federal, state and local sales, 419
2 use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination.
3.2 Payment. For asphalt delivered under this Agreement, payment shall be made per invoice for asphalt delivered.
3.3 Records of Expenses . CONTRACTOR shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement.
These records will be made available at reasonable times to CITY
3.4 Termination. CITY and CONTRACTOR shall have the right to terminate this agreement, w ithout cause, by giving thirty ( 30) days written notice of termination. If the Agreement is terminated by CITY, then the provisions of paragraph 3 would apply to that portion of the work completed.
4. Insurance requirements.
4.1 COMMENCEMENT OF WORK. CONTRACTOR shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the CITY of any material change, cancellation, or termination at least thirty (30) days in advance. The insurers shall waive their rights of subrogation against the CITY, its officers, officials, agents, employees, and volunteers.
4.2 WORKERS COMPENSATION INSURANCE. During the duration of this Agreement, CONTRACTOR and all subcontractors shall maintain Workers Compensation Insurance in the amount and t ype required by law, if applicable. The insurer shall waive its rights of subrogation against the CITY, its officers, officials, agents, employees, and volunteers.
4.3 INSURANCE AMOUNTS . CONTRACTOR shall maintain the following insurance for the duration of this Agreement:
(a) Commercial general liability in the amount of $2,000,000 per occurrence; coverage to include XCU ( claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to CITY and have an AM Best’s Guide Rating of A-, Class VII or better, as approved by the CITY. Endorsements for primary and non - contributory.
(b) Automobile liability in the amount of $2,000,000 combined single limit; Policy must be endorsed to delete pollution exclusion. (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to CITY and have an AM Best’s Guide Rating of A -, Class VII or better, as approved by the CITY.
420
3 (c) Automobile pollution in an amount of $2,000,000 per occurrence; (claims made and modified occurrence policies are not
acceptable); Insurance companies must be acceptable to CITY and have an AM Best’s Guide Rating of A -, Class VII or better, as approved by the CITY.
(d) Excess liability, following form, coverage shall be provided for any underlying policy that does not meet the insurance requirements set forth herein (claims made and modified occurrence policies are not acceptable). Insurance companies must be acceptable to CITY and have a Best’s Guide Rating of A-Class VII or better, as approved by the CITY.
An Additional Insured Endorsement, ongoing and completed operations, for the policy under section 4.3 (a) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of work or operations performed b y or on behalf of the CONTRACTOR.
CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to city’s requirements, as approved by the CITY.
An Additional Insured Endorsement for the policy under section 4.3 (b) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds for automobiles owned, leased, hired, or borrowed by the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform t o CITY’s requirements, as approved by the CITY.
MCS 90 Endorsement for the policy under section 4.3 (c) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds.
CONTRACTOR shall provide to CITY proof of ins urance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.
An Additional Insured Endorsement for the policy under section 4.3 (d) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds under the excess liability policy. CONTRACTOR shall provide to CITY proof of insurance stating the excess liability policy follows form, additional insured endorsement forms, and the schedule of underlying policies with policy numbers that conf orm to CITY’s requirements, as approved by the CITY. Information for the excess policy only needs to be provided if the underlying policies do not meet the policy limits set forth herein.
For any claims related to this Agreement, CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, agents, and volunteers. Any insurance or self -insurance maintained by the CITY, its officers, officials, employees, agents, or volunteers shall by excess of the CONTRACTOR’s insurance and shall not contribute with it.
421
4 If CONTRACTOR maintains higher insurance limits than the minimums shown above, CONTRACTOR shall provide coverage for the higher insurance limits otherwise maintained by the CONTRACTOR.
5. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY, or for any amount which may become due to CONTRACTOR.
6. Non-Discrimination. CONTRACTOR covenants there shall be no discrimination against any person or group due to race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement.
7. Independent Contractor. It is agreed to that CONTRACTOR shall act and be an independent contractor and not an agent or employee of the CITY, and shall obtain no rights to any benefits which accrue to CITY'S employees.
8. Compliance with Law. CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government.
9. Notices. All notices shall be personally delivered or mailed to the below listed address, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process.
a. (Address of Contractor)
All American Asphalt
Attention: Edward J. Carlson, Vice President
400 E. Sixth Street
Corona, CA 92879
b. (Address of CITY) (with a copy to):
City of Garden Grove Garden Grove City Attorney
11222 Acacia Parkway 11222 Acacia Parkway
Garden Grove, CA 92840 Garden Grove, CA 92840
10. CONTRACTOR'S PROPOSAL. Contractor shall be bound by all the terms, conditions and specifications set forth in the Port of Los Angeles Agreement attached as Attachment A hereto. In the event of any inconsistency between the terms of the Port of Los Angeles Agreement and the Agreement, the Agreement shall govern.
11. Licenses, Permits, and Fees. At its sole expense, CONTRACTOR shall obtain a Garden Grove Business License, all permits, and licenses as may be required by this Agreement.
12. Familiarity with Work. By executing this Agreement, CONTRACTOR warrants that: (1) it has investigated the work to be performed; (2) it has 422
5 investigated the site of the work and is aware of all conditions there; and (3) it understands the facilities, difficulties, and restrictions of the work under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY of this and shall not proceed, except at CONTRACTOR'S risk, until written instructions are received from CITY.
13. Time of Essence. Time is of the essence in the performance of this Agreement. The Supplier must immediately notify CITY in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of $[***INSERT AMOU NT***] per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Attachment “B”.
14. Limitations Upon Subcontracting and Assignment. The experience , knowledge, capability, and reputation of CONTRACTOR, its principals and employees were a substantial inducement for CITY to enter into this Agreement. CONTRACTOR shall not contract with any other entity to perform the services required without written approval of the CITY. This Agreement may not be assigned voluntarily or by operation of law, without the prior written approval of CITY. If CONTRACTOR is permitted to subcontract any part of this Agreement, CONTRACTOR shall be responsible to CITY for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and CITY. All persons engaged in the work will be considered employees of CONTRACTOR. CITY will deal directly with and will make all payments to CONTRACTOR.
15. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the parties are formally bound.
16. Prevailing Wages. The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR.
17. Indemnification. CONTRACTOR agrees to protect, defend, and hold harmless CITY and its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damage to property, or interference with use of property, arising out of, or in any way connected with performance of the Agreement by CONTRACTOR, CONTRACTOR'S agents, officers, employees, subcontractors, or independent 423
6 contractors hired by CONTRACTOR. The only exception to CONTRACTOR'S responsibility to protect, defend, and hold harmless CITY, is due to the sole negligence of CITY, or any of its elective or appointive boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR.
18. Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefor by the Garden Grove City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the CITY.
\ \ \ \
(Agreement Signature Block on Next Page)
424
7 IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.
Date:
ATTESTED:
"CITY"
CITY OF GARDEN GROVE
By:
City Manager
City Clerk
Date:
"CONTRACTOR"
All American Asphalt
By:
Name:
Title:_
Date:
Tax ID No.
APPROVED AS TO FORM:
Contractor’s License:
Expiration Date:
Garden Grove City Attorney
Date
If CONTRACTOR is a corporation, a
Corporate Resolution and/or Corporate
Seal is required. If a partnership,
Statement of Partnership must be
submitted to CITY.
425
8 ATTACHMENT “A”
IFB No. S-1327
Provide Asphalt Products for Will Call and Delivery to Various Job Locations in the City of Garden Grove per the bid specifications
CONTRACTOR/DELIVERY REQUIREMENTS: Vendor is required to deliver all asphalt and related products to the job locations as specified and agreed upon by the CITY. This contract does not guarantee any specific amount of products. Late deliveries result in operational problems and expense for the City; therefore, inconsistencies between vendor promised and actual delivery time may result in the City canceling the agreement or at minimum using alternate sources of supply.
Contractor provide the City with a direct number to the batch plant to allow for direct communication and must not have to go through multiple contacts to finally get to the hot plant.
Prior to the City ordering asphalt for delivery, the area is measured and calculated as to how many tons of asphalt will be needed for the job and then dispatch is called.
The City will attempt to call one week ahead of time to order the asphalt, and even two weeks in advance to ensure that we can get the asphalt delivered. It is up to the City to determine the speed of the asphalt delivery. Failure to meet the agreed upon delivery date and time may result in a penalty imposed on the contractor.
Contractor must obey all Federal, State, local ordinances and regulations.
Asphalt material is to be delivered in “End Dump Trucks Only”. Tarpaulins shall be used to cover all loads of asphalt concrete from plant to work site.
WILL CALL: The contract includes both delivery and Will-Call options. The City may also will call the asphalt and related products. The contractor will be notified of the option that the City selects.
PRODUCT SPECIFICATIONS: Grade for Asphalt Binder shall normally be PG-64-10
CONDITION OF THE PRODUCT: Asphalt arriving on the job site shall not be less than 280 degrees or more than 325 degrees F, as measured by City staff upon arrival.
The City reserves the right to reject any product that does not meet the proper specifications.
BID FORM (ATTACHMENT “B”): Bidder shall offer a price for each line item requested. Should the bidder offer an item with the unit price blank, the City reserves the right to deem the bid as non-responsive. Partial bids will not be accepted for any reason.
REQUEST FOR CLARIFICATION: All requests for clarification or questions, are to be submitted electronically via the City’s Planet Bids portal, using the Online Q&A feature by the deadline of Friday, May 10, 2024 at 2:00 p.m., local time. 426
9 ELECTRONIC BID SUBMITTAL ONLY : The City is N OT accepting walk -in/hand deliveries of bids. Bids must be submitted electronically via the City’s Planet Bids portal. Pricing must be submitted via the line item section on the City’s Planet Bids portal AND completed Attachment “B” Bid Form, Pages 20 -22 of this bid document, must also be submitted in the bid package. Instructions on how to submit an electronic bid via the Planet Bids portal can be found under the “Documents & Attachments” tab.
AWARD OF CONTRACT(S ): The City intends to award contracts to multiple companies to ensure that product availability and delivery as needed. The lowest bidder will be the first company contacted and if they do not respond in a timely manner or are unable to provide the product at the time it is needed, then the next lowest bidder will be contacted. The City reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.
INSURANCE: Contractors are required to provide the insurance specified in the Sample contract (Pages 11-12) included in this bid document.
PREVAILING WAGE : The Director of Industrial Relations has determined the general prevailing rate of per diem wages in Orange County for each craft or type of worker needed to execute the Agreement, copies of which are on file and will be made available to any interested party upon request at City Office or online at http://www.dir.ca.gov/dlsr. The successful Bidder and all its subcontractor(s) shall comply with all applicable Labor Code provisions, which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Agreement, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors.
DIR REGISTRATION : Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work, must be registered with the Department of Industrial Relations. No Bid will be accepted nor any contract entered into without proof of contractor and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements m andated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
BID PRICING: Suppliers are intended to hold their pricing for the full term of the contract. In the event that the supplier is unable to hold pricing for the contact term stated, supplier must provide the term for which they are able to hold pricing and the maximum price increase that will be i mposed on the City if contractor is unable to hold pricing. This must be stated as a percentage on top of the original pricing submitted in the bid package and must be include on Bid Form, Attachment “B”, Page 21, Section IV, Pricing, Agreement, of this bid document. 427
10 Advance notice of any price increases must be submitted to the CITY in writing and the CITY must agree to any price increases. The City reserves the right to factor in any price increases in calculating the lowest bidder(s) selected.
428
Print Date 5/24/2024 9:41:56 AM
City of Garden Grove
Compliance Summary Report
Vendor Number
Vendor Name
AM Best Rating
Insurance Carrier
Policy #
Eff. Date
Exp. Date
Coverage
V00633
ALL AMERICAN ASPHALT
Compliant
A+g , XV
Zurich American Insurance
Company
BAP557108811
8/1/2023
8/1/2024
Auto Liability
A+ , XV
Great American Insurance
Company
TUE347483603
8/1/2023
8/1/2024
Excess Liability
A+g , XV
Arch Specialty Insurance
Company
DPC100585607
8/1/2023
8/1/2024
General Liability
A+g , XV
Zurich American Insurance
Company
WC593205710
8/1/2023
8/1/2024
Workers Comp
Risk Profile :
Construction High Risk
Required Additional Insured :
Garden Grove Sanitary District, City of Garden Grove, its officers, officials, employees, agents, and volunteers 429
PART IV
Bid No. 5-1327
Provide Asphalt products for wi[ call and Delivery to various ,ob Locations inthe City of Garden Grove per the bid specifications "ATTACHMEilT B"
BID FORM
I. PRICING
(Price to include all applicable taxes)*Note; Terms of less than Net 20 days will NOT be accepted by the City.
PRICINC TS TO BE EN7ER.ED DIRECTLY TNTO THE LINE IflEM SECTION ON THECITY'S PLANEI BIDS PORTAL ONLYI PARTTAL BIDS WILL NOT BE CCiPiCi TOAANY REASON. HANDWRIrTEN BIDS WTLL NOf BE ACCEPTED FOR AiiiEN'OIN.
PRICING IIIUST BE ENTERED FoR ALL LIilE ITE}IS. PARTIAL BIDS WILL NoT BEACCEPTED FOR ANY R,EASON! ITEM UOM wBulk Include all fees4 Fine--Deliveft PG 64-10 3 TON 1 t46.81 Bulk As PGIt 4 1 06 43 Fin itl aC II TON 1
Bulk As Include all fees8 Fine--Delivealt PG 64-10 3 TON 1 Bulk As PGft 46 1 0 83 Fine iilw ilCa TON 1 I 14.19
Bulk Include all feesPG 64 IIt 0 2 livOe1 e ION 1
Bulk As PGIt hoSc Io4 1 06 iilwixM aC fl TON 1 114.
Bulk As I sc 800 Cold Mk -- Will Call TON 1 t35.94
3 4IN CL 2 Base TON 1
lude all feesBulk As haft SC 00 CoU Mix -- Delive TON I IH Emubion Tack- Bulk GAL 1
ESSIH um bls n Tack 5 Ga ucB ket EA 1 108.
Stand Fee 1
Short Lo Fee 870.00
bleDe Fee lfa
TaaG Grden vero leSA s x 78 o/o5 1
EiTEITlt.rfEInaFr
m
Asphalt for Will Call and Detivery
Bid No. S-1327
PRICE
i .tUJ.J I
$ ts7 .69
; 146.E I
; E.70
; 179.44
$ r6.3r
$ 15U.UU
$ 870.00
| 8.75
20 430
Company Name
R.J, NOBLE COMPANY
Company Representative's Name (Printed)
ROCCO COSTELLO
I II. DEUVERY PERIOD
Bidders are to state delivery period after order is placed by CITY.
Item No. 1 - Calendar days after receipt of order.
IV: PRICING AGREEMEI{T (This section must be completed and submitted with bid package. Bidder agrees to hold pricing firm through the term of the agreement. If there are any changes to the pricing, bidder agrees that the maximum price increase will be _o/o on top of pricing submitted in the original bid. Advance notice of any price increases must be submitted to the CffY in writing and the CITY must agree to any price increases. The City reserves the right to factor in any future price increases in determining th€ low€st bidder(s) selected.
.ATTACHMENT B'
rFB NO. S-1327
BID FORU CONTINUED
5 Asphalt for Will Call and Delivery
Bid No. S-1327
2t
431
1 CONTRACT FOR:
(Asphalt Supply for Will Call and Delivery Services)
THIS AGREEMENT is made this day of , 2024, by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY") and R.J. Noble Company, herein after referred to as “CONTRACTOR”.
RECITALS
The following recitals are a substantive part of this Agreement:
1. This Agreement is entered into pursuant to Garden Grove City Council authorization, dated ___________________.
2. CITY desires to utilize the services of CONTRACTOR to: Provide Asphalt Products for Will Call and Delivery to Various Job Locations in the City of Garden Grove per the bid specifications at the agreed upon delivery date and time, per Attachment “A”.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Term and Termination. The term of the agreement shall be July 1, 2024 through June 30, 2025. This agreement may be terminated by the CITY without cause. In such event, the CITY will compensate CONTRACTOR for work performed to date in accordance with the City of Los Angeles Agreement which is attached as Attachment A and is hereby incorporated by reference. Contractor is required to present evidence to support performed work.
2. Services to be Provided. The services to be performed and equipment to be provided by CONTRACTOR shall consist of Provide and Deliver asphalt and related products to the City of Garden Grove per Attachment ”A”, which is incorporated herein by reference.
3. Compensation. CONTRACTOR shall be compensated as follows:
3.1 AMOUNT. Total Compensation under this agreement shall not exceed (NTE) amount of One Hundred Thousand Dollars ($100,000.00), payable in arrears and in accordance with bid proposal in Attachment “B”.
Unless expressly provided otherwise, all prices and fees specified in Attachment “B”, attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by au thorized representative. The total price shall include (i) all federal, state and local sales, 432
2 use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination.
3.2 Payment. For asphalt delivered under this Agreement, payment shall be made per invoice for asphalt delivered.
3.3 Records of Expenses . CONTRACTOR shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement.
These records will be made available at reasonable times to CITY
3.4 Termination. CITY and CONTRACTOR shall have the right to terminate this agreement, w ithout cause, by giving thirty ( 30) days written notice of termination. If the Agreement is terminated by CITY, then the provisions of paragraph 3 would apply to that portion of the work completed.
4. Insurance requirements.
4.1 COMMENCEMENT OF WORK. CONTRACTOR shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the CITY of any material change, cancellation, or termination at least thirty (30) days in advance. The insurers shall waive their rights of subrogation against the CITY, its officers, officials, agents, employees, and volunteers.
4.2 WORKERS COMPENSATION INSURANCE. During the duration of this Agreement, CONTRACTOR and all subcontractors shall maintain Workers Compensation Insurance in the amount and t ype required by law, if applicable. The insurer shall waive its rights of subrogation against the CITY, its officers, officials, agents, employees, and volunteers.
4.3 INSURANCE AMOUNTS . CONTRACTOR shall maintain the following insurance for the duration of this Agreement:
(a) Commercial general liability in the amount of $2,000,000 per occurrence; coverage to include XCU ( claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to CITY and have an AM Best’s Guide Rating of A-, Class VII or better, as approved by the CITY. Endorsements for primary and non - contributory.
(b) Automobile liability in the amount of $2,000,000 combined single limit; Policy must be endorsed to delete pollution exclusion. (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to CITY and have an AM Best’s Guide Rating of A -, Class VII or better, as approved by the CITY.
433
3 (c) Automobile pollution in an amount of $2,000,000 per occurrence; (claims made and modified occurrence policies are not
acceptable); Insurance companies must be acceptable to CITY and have an AM Best’s Guide Rating of A -, Class VII or better, as approved by the CITY.
(d) Excess liability, following form, coverage shall be provided for any underlying policy that does not meet the insurance requirements set forth herein (claims made and modified occurrence policies are not acceptable). Insurance companies must be acceptable to CITY and have a Best’s Guide Rating of A-Class VII or better, as approved by the CITY.
An Additional Insured Endorsement, ongoing and completed operations, for the policy under section 4.3 (a) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of work or operations performed b y or on behalf of the CONTRACTOR.
CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to city’s requirements, as approved by the CITY.
An Additional Insured Endorsement for the policy under section 4.3 (b) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds for automobiles owned, leased, hired, or borrowed by the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’ s requirements, as approved by the CITY.
MCS 90 Endorsement for the policy under section 4.3 (c) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds.
CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.
An Additional Insured Endorsement for the policy under section 4.3 (d) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds under the excess liability policy. CONTRACTOR shall provide to CITY proof of ins urance stating the excess liability policy follows form, additional insured endorsement forms, and the schedule of underlying policies with policy numbers that conform to CITY’s requirements, as approved by the CITY. Information for the excess policy only needs to be provided if the underlying policies do not meet the policy limits set forth herein.
For any claims related to this Agreement, CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, ag ents, and volunteers. Any insurance or self -insurance maintained by the CITY, its officers, officials, employees, agents, or volunteers shall by excess of the CONTRACTOR’s insurance and shall not contribute with it.
434
4 If CONTRACTOR maintains higher insurance limits than the minimums shown above, CONTRACTOR shall provide coverage for the higher insurance limits otherwise maintained by the CONTRACTOR.
5. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY, or for any amount which may become due to CONTRACTOR.
6. Non-Discrimination. CONTRACTOR covenants there shall be no discrimination against any person or group due to race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement.
7. Independent Contractor. It is agreed to that CONTRACTOR shall act and be an independent contractor and not an agent or employee of the CITY, and shall obtain no rights to any benefits which accrue to CITY'S employees.
8. Compliance with Law. CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government.
9. Notices. All notices shall be personally delivered or mailed to the below listed address, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process.
a. (Address of Contractor)
R.J. Noble Company
Attention: Steven L. Mendoza, Vice President
15505 E. Lincoln Avenue
Orange, CA 92865
b. (Address of CITY) (with a copy to):
City of Garden Grove Garden Grove City Attorney
11222 Acacia Parkway 11222 Acacia Parkway
Garden Grove, CA 92840 Garden Grove, CA 92840
10. CONTRACTOR'S PROPOSAL. Contractor shall be bound by all the terms, conditions and specifications set forth in the Port of Los Angeles Agreement attached as Attachment A hereto. In the event of any inconsistency between the terms of the Port of Los Angeles Agreement and the Agreement, the Agreement shall govern.
11. Licenses, Permits, and Fees. At its sole expense, CONTRACTOR shall obtain a Garden Grove Business License, all permits, and licenses as may be required by this Agreement.
12. Familiarity with Work. By executing this Agreement, CONTRACTOR warrants that: (1) it has investigated the work to be performed; (2) it has 435
5 investigated the site of the work and is aware of all conditions there; and (3) it understands the facilities, difficulties, and restrictions of the work under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY of this and shall not proceed, except at CONTRACTOR'S risk, until written instructions are received from CITY.
13. Time of Essence. Time is of the essence in the performance of this Agreement. The Supplier must immediately notify CITY in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of $[***INSERT AMOU NT***] per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Attachment “B”.
14. Limitations Upon Subcontracting and Assignment. The experience , knowledge, capability, and reputation of CONTRACTOR, its principals and employees were a substantial inducement for CITY to enter into this Agreement. CONTRACTOR shall not contract with any other entity to perform the services required without written approval of the CITY. This Agreement may not be assigned voluntarily or by operation of law, without the prior written approval of CITY. If CONTRACTOR is permitted to subcontract any part of this Agreement, CONTRACTOR shall be responsible to CITY for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and CITY. All persons engaged in the work will be considered employees of CONTRACTOR. CITY will deal directly with and will make all payments to CONTRACTOR.
15. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the parties are formally bound.
16. Prevailing Wages. The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR.
17. Indemnification. CONTRACTOR agrees to protect, defend, and hold harmless CITY and its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damage to property, or interference with use of property, arising out of, or in any way connected with performance of the Agreement by CONTRACTOR, CONTRACTOR'S agents, officers, employees, subcontractors, or independent 436
6 contractors hired by CONTRACTOR. The only exception to CONTRACTOR'S responsibility to protect, defend, and hold harmless CITY, is due to the sole negligence of CITY, or any of its elective or appointive boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR.
18. Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefor by the Garden Grove City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the CITY.
\ \ \ \
(Agreement Signature Block on Next Page)
437
7 IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.
Date:
ATTESTED:
"CITY"
CITY OF GARDEN GROVE
By:
City Manager
City Clerk
Date:
"CONTRACTOR"
R.J. Noble Company
By:
Name:
Title:_
Date:
Tax ID No.
APPROVED AS TO FORM:
Contractor’s License:
Expiration Date:
Garden Grove City Attorney
Date
If CONTRACTOR is a corporation, a
Corporate Resolution and/or Corporate
Seal is required. If a partnership,
Statement of Partnership must be
submitted to CITY.
438
8 ATTACHMENT “A”
IFB No. S-1327
Provide Asphalt Products for Will Call and Delivery to Various Job Locations in the City of Garden Grove per the bid specifications
CONTRACTOR/DELIVERY REQUIREMENTS: Vendor is required to deliver all asphalt and related products to the job locations as specified and agreed upon by the CITY. This contract does not guarantee any specific amount of products. Late deliveries result in operational problems and expense for the City; therefore, inconsistencies between vendor promised and actual delivery time may result in the City canceling the agreement or at minimum using alternate sources of supply.
Contractor provide the City with a direct number to the batch plant to allow for direct communication and must not have to go through multiple contacts to finally get to the hot plant.
Prior to the City ordering asphalt for delivery, the area is measured and calculated as to how many tons of asphalt will be needed for the job and then dispatch is called.
The City will attempt to call one week ahead of time to order the asphalt, and even two weeks in advance to ensure that we can get the asphalt delivered. It is up to the City to determine the speed of the asphalt delivery. Failure to meet the agreed upon delivery date and time may result in a penalty imposed on the contractor.
Contractor must obey all Federal, State, local ordinances and regulations.
Asphalt material is to be delivered in “End Dump Trucks Only”. Tarpaulins shall be used to cover all loads of asphalt concrete from plant to work site.
WILL CALL: The contract includes both delivery and Will-Call options. The City may also will call the asphalt and related products. The contractor will be notified of the option that the City selects.
PRODUCT SPECIFICATIONS: Grade for Asphalt Binder shall normally be PG-64-10
CONDITION OF THE PRODUCT: Asphalt arriving on the job site shall not be less than 280 degrees or more than 325 degrees F, as measured by City staff upon arrival.
The City reserves the right to reject any product that does not meet the proper specifications.
BID FORM (ATTACHMENT “B”): Bidder shall offer a price for each line item requested. Should the bidder offer an item with the unit price blank, the City reserves the right to deem the bid as non-responsive. Partial bids will not be accepted for any reason.
REQUEST FOR CLARIFICATION: All requests for clarification or questions, are to be submitted electronically via the City’s Planet Bids portal, using the Online Q&A feature by the deadline of Friday, May 10, 2024 at 2:00 p.m., local time. 439
9 ELECTRONIC BID SUBMITTAL ONLY : The City is NOT accepting walk -in/hand deliveries of bids. Bids must be submitted electronically via the City’s Planet Bids portal. Pricing must be submitted via the line item section on the City’s Planet Bids portal AND completed Attachment “B” Bid Form, Pages 20 -22 of this bid document, must also be submitted in the bid package. Instructions on how to submit an electronic bid via the Planet Bids portal can be found under the “Documents & Attachments” tab.
AWARD OF CONTRACT(S ): The City intends to award contracts to multiple companies to ensure that product availability and delivery as needed. The lowest bidder will be the first company contacted and if they do not respond in a timely manner or are unable to provide the product at the time it is needed, then the next lowest bidder will be contacted. The City reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.
INSURANCE: Contractors are required to provide the insurance specified in the Sample contract (Pages 11-12) included in this bid document.
PREVAILING WAGE : The Director of Industrial Relations has determined the general prevailing rate of per diem wages in Orange County for each craft or type of worker needed to execute the Agreement, copies of which are on file and will be made available to any interested party upon request at City Office or online at http://www.dir.ca.gov/dlsr. The successful Bidder and all its subcontractor(s) shall comply with all applicable Labor Code provisions, which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Agreement, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors.
DIR REGISTRATION : Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work, must be registered with the Department of Industrial Relations. No Bid will be accepted nor any contract entered into without proof of contractor and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements m andated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
BID PRICING: Suppliers are intended to hold their pricing for the full term of the contract. In the event that the supplier is unable to hold pricing for the contact term stated, supplier must provide the term for which they are able to hold pricing and the maximum price increase that will be i mposed on the City if contractor is unable to hold pricing. This must be stated as a percentage on top of the original pricing submitted in the bid package and must be include on Bid Form, Attachment “B”, Page 21, Section IV, Pricing, Agreement, of this bid document. 440
10 Advance notice of any price increases must be submitted to the CITY in writing and the CITY must agree to any price increases. The City reserves the right to factor in any price increases in calculating the lowest bidder(s) selected.
441
Print Date 5/24/2024 9:40:41 AM
City of Garden Grove
Compliance Summary Report
Vendor Number
Vendor Name
AM Best Rating
Insurance Carrier
Policy #
Eff. Date
Exp. Date
Coverage
V00744
R.J. NOBLE COMPANY
Compliant
A++g , XV
Travelers Property Casualty
Company of America
VTC2ECAP9F338154TC
T23
7/1/2023
7/1/2024
Auto Liability
A++g , XV
Travelers Property Casualty
Company of America
CUP6W88717A2325
7/1/2023
7/1/2024
Excess Liability
A++g , XV
Travelers Property Casualty
Company of America
VTJEXGL9F338142TIL2
3 7/1/2023
7/1/2024
General Liability
A++g , XV
Travelers Property Casualty
Company of America
UB7N9393862225K
7/1/2023
7/1/2024
Workers Comp
Risk Profile :
Construction High Risk
Required Additional Insured :
City of Garden Grove, its officers, officials, agents, employees and volunteers 442
Attn:
Acct#:
PO BOX 3070
GARDEN GROVE/ CITY OF
GARDEN GROVE, CA 92842 GARDEN GROVE, CA 92843
Quote Name:
Quote #:
Wednesday, May 15, 2024
Quote Created:
Date:
Quote Expiration:
Price Expiration:
Effective From:
Sales Rep :
AZUSA, CA 91702
Phone:
Fax :
Email:
Special Instructions:
ASPHALT
** No specifications have been submitted; quoting conventional mix with RAP and 64-10 oil. **There is a 25 ton minimum for asphalt short loads.
**Asphalt final expiration date June 30, 2025.
**Santa Ana has a limit of 500 tons /day for delivery.
AGGREGATES
**All aggregates are subject to availability.
**Due to the natural effects of segregation and the effects of post-delivery handling, Vulcan Materials Company guarantees that its aggregate products will meet the specifications on our submittal AT THE POINT OF DELIVERY ONLY, prior to placement and when sampled in accordance with ASTM D75.
**There is a 25 ton minimum for aggregate short loads.
**Aggregate final expiration date June 30, 2024.
EMULSION
Product #9E0300 is subject to availability at the plant.
SHORT LOAD FEE
The short load fee is based on a 25 ton delivery.
Quotation
ASPHALT PRODUCTS FOR WILL CALL AND DELIVERY / VARIOUS LOCATIONS / GARDEN GROVE 1282641
VARIOUS LOCATIONS / GARDEN GROVE
CA019481
215033
Armando Rodriguez
16013 E Foothill Blvd
213-549-1621
[email protected]
Wednesday, May 15, 2024
Monday, May 13, 2024
Friday, June 14, 2024
Monday, June 30, 2025
FOB
PlantU/MQtyProduct #Product NamePlant
Estimated
Tax
Haul
Rate
Delivered
Estimated
Tax Included
ASPHALT
Tons 100 $105.00203 3B3 PG64-10SANTA ANA HMA 200805 $127.94 13.75$9.19 STD FRT RATETruck Type
Tons 100 $105.00203 C2 PG64-10SANTA ANA HMA 300805 $127.94 13.75$9.19 STD FRT RATETruck Type
Tons 100 $110.00203 E PG64-10SANTA ANA HMA 400807 $133.38 13.75$9.63 STD FRT RATETruck Type
Tons 100 $110.00COLD MIX 3/8 SC3SANTA ANA HMA 497400 $133.38 13.75$9.63 STD FRT RATETruck Type
Tons 100 $110.00SCHL MIX PG64-10SANTA ANA HMA 550801 $133.38 13.75$9.63 STD FRT RATETruck Type
Each 1 $80.00SS-1 OIL - 5 GALLONS W/BUCKETSANTA ANA HMA 9E0200 $87.00 0.00$7.00 GA 1 $15.00SS1H/GALSANTA ANA HMA 9E0300 $16.31 0.00$1.31
443
Other Charges
Environmental Fee -Agg & Asphalt at $10.00 / Load
FUEL SURCHARGE SOUTHERN CA at 10.00% / Percent of Amount Prices quoted are for shipments during normal daytime working hours unless other shipping hours are mutually agreed upon in writing by both parties.
This quote is limited to acceptance within 30 days from the date of this quotation after which time quotation is subject to review/revision. Please contact Sales prior to placing the order.
Accepted by:
Sales Representative:
Date:
Date:
We appreciate the opportunity to provide you this quote and trust that Vulcan will have the pleasure of serving your needs for this and future projects.
Prices are FOB your jobsite as stated above. Terms are Net 15 prox. Please note standard terms and conditions apply. (Subject to credit approval)
The estimated state or local sales and use tax quoted above is subject to change based upon the tax rate in force at the time of delivery.
444
GENERAL TERMS AND CONDITIONS
PRICES AND TERMS
Prices are based on the terms and conditions set forth on page 1 of this Quotation, of which these General Terms and Conditions form a part, the terms and conditions stated in Customer’s Application for Business Credit, and, if applicable, any terms and conditions relating to the delivery or shipment of materials by truck, barge, vessel, rail or other means which are provided by Vulcan to Customer in addition to this Quotation (each, a “Vulcan Sales Document”, and collectively, the “Vulcan Sales Documents”). Prices are available only to the customer specifically named therein, and are only for the quantities mentioned in such Quotation or Sales Order plus or minus 10% of such quantities. A charge of 1.5% per month, (18% annum), will accrue on a daily basis from the date of invoice and will continue to accrue on a daily basis on any unpaid balance, both before and after judgment, until the date the balance is paid in full, or at the maximum amount permitted by law in which the sale occurred, whichever is less. However, the assessment of a finance charge on invoices paid in full by the payment due date will be waived. Quotation is offered for furnishing the total aggregate requirements for the project only. Customer’s contract with Vulcan regarding the sale by Vulcan to Customer of the materials listed in this Quotation is subject to the terms and conditions set forth in the Vulcan Sales Documents. Prices reflect Customer 's acceptance of materials at the quoted plant based upon gradation analysis performed and reported by Vulcan 's certified plant quality control personnel. Any penalties that result from in place sampling shall be the full responsibility of Customer.
THE TERMS AND CONDITIONS OF THE VULCAN SALES DOCUMENTS GOVERN THE RIGHTS AND OBLIGATIONS OF THE PARTIES If Customer has issued a purchase order for the materials quoted by Vulcan in this Quotation, this Quotation is not an acceptance of said purchase order, or any of its terms or conditions , which are hereby rejected. Any sale by Vulcan to Customer of the materials listed in this Quotation shall be subject to the terms and conditions set forth in the Vulcan Sales Documents, and Customer’s receipt or acceptance of said materials shall constitute acceptance of the offer that this Quotation constitutes. Any terms or conditions of a subsequent purchase order issued by Customer that are inconsistent with the terms and conditions of the Vulcan Sales Documents shall be null and void .
SHIPMENT AND DELIVERY
Unless a "delivered" price is quoted by Vulcan in the Vulcan Sales Documents, all prices are F .O.B. point of shipment from the locations designated. All taxes applicable to the sale or delivery of materials that are not paid directly by Customer will be added to the sales price, invoiced to and paid by Customer, unless Customer provides Vulcan with satisfactory evidence of exemption from same. Shipment will be in accordance with Customer’s reasonable instructions or, if none, then by whatever means Vulcan shall deem practicable. The quantities of material delivered to Customer shall be conclusively presumed to be the quantities shown on the tickets produced from a certified weigh scale at Vulcan’s quarry or sales yard .
CREDIT AND DEFAULT
Vulcan shall have no obligation to ship or deliver except upon its determination prior to each shipment or delivery that Customer is worthy of the credit to be extended and is not in default upon any obligation to Vulcan. Upon default, Customer agrees to pay all of Vulcan’s collection expenses, including attorneys’ fees.
INSURANCE
A Memorandum of Insurance containing current information regarding Vulcan’s insurance program is available at <https://marshdigital.marsh.com/marshconnect/viewMOI.action?clientId=632529479> .
EXCULPATORY PROVISIONS
Vulcan shall have no liability for delay or failure to make shipments, or delivery, as a result of strikes, labor problems, severe weather conditions, casualty, mechanical breakdown or other conditions beyond Vulcan’s reasonable control. In no event shall Vulcan be liable for any incidental or consequential damages. Vulcan’s liability and Customer’s exclusive remedy for any cause of action arising out of the provision of material quoted herein shall be the replacement of, or payment of the purchase price for, the materials which are the subject of this Quotation.
CHANGE OF TERMS
Vulcan may change the price and /or quantity upon 30 days’ notice to Customer. Vulcan shall also have right to change, modify or amend any other terms and conditions upon written notice of such change to customer. The effect of the change shall be as stated in the written notice and accepted by Customer upon placing of orders with seller following receipt of such notice .
APPLICABLE LAW
All orders are subject to acceptance by Vulcan at the headquarters of its West Division in Los Angeles, California, and the laws of the state in which the materials was shipped from shall apply to the sale of all materials subject hereto. In the event material is imported into the U .S., the law in the state in which the material was sold to the customer will prevail. All disputes regarding finance charges shall be governed by Alabama law.
LIMITED WARRANTY AND WARRANTY DISCLAIMER
Vulcan warrants for a period of one (1) year from date of delivery only that the material sold hereunder substantially complies with Vulcan’s specifications for said material or the specifications set forth in Vulcan’s quotation. VULCAN HEREBY EXCLUDES ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PURPOSE, AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, OF THE MATERIAL SOLD HEREUNDER, OTHER THAN THE EXPRESS WARRANTY STATED ABOVE . In addition, except to the extent otherwise set forth in the specifications described above, Vulcan makes no warranty whatsoever with respect to specific gravity, absorption, whether the material is innocuous, non-deleterious, or non -reactive, or whether the material is in conformance with any plans, other specifications, regulations, ordinances, statutes, or other standards applicable to Customer’s job or to said material as used by Customer. VULCAN SHALL IN NO EVENT BE RESPONSIBLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE CAUSED BY NON-COMPLIANCE OF THE MATERIAL WITH SPECIFICATIONS, OR FOR ANY DEFECTS IN THE MATERIAL SOLD HEREUNDER.
445
1 CONTRACT FOR:
(Asphalt Supply for Will Call and Delivery Services)
THIS AGREEMENT is made this day of , 2024, by the CITY OF GARDEN GROVE, a municipal corporation, ("CITY") and Calmat Co DBA Vulcan Materials Company , Western Division , herein after referred to as “CONTRACTOR”.
RECITALS
The following recitals are a substantive part of this Agreement:
1. This Agreement is entered into pursuant to Garden Grove City Council authorization, dated ___________________.
2. CITY desires to utilize the services of CONTRACTOR to: Provide Asphalt Products for Will Call and Delivery to Various Job Locations in the City of Garden Grove per the bid specifications at the agreed upon delivery date and time, per Attachment “A”.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Term and Termination. The term of the agreement shall be July 1, 2024 through June 30, 2025. This agreement may be terminated by the CITY without cause. In such event, the CITY will compensate CONTRACTOR for work performed to date in accordance with the City of Los Angeles Agreement which is attached as Attachment A and is hereby incorporated by reference. Contractor is required to present evidence to support performed work.
2. Services to be Provided. The services to be performed and equipment to be provided by CONTRACTOR shall consist of Provide and Deliver asphalt and related products to the City of Garden Grove per Attachment ”A”, which is incorporated herein by reference.
3. Compensation. CONTRACTOR shall be compensated as follows:
3.1 AMOUNT. Total Compensation under this agreement shall not exceed (NTE) amount of Four Hundred Thousand Dollars ($400,000.00), payable in arrears and in accordance with bid proposal in Attachment “B”.
Unless expressly provided otherwise, all prices and fees specified in Attachment “B”, attached hereto and incorporated herein by reference, are firm and shall not be subject to change without the written approval of City. No extra charges of any kind will be allowed unless specifically agreed to in writing by authorized representative. The total price shall include (i) all federal, state and local sales, 446
2 use, excise, privilege, payroll, occupational and other taxes applicable to the Goods furnished to City hereunder; and (ii) all charges for packing, freight and transportation to destination.
3.2 Payment. For asphalt delivered under this Agreement, payment shall be made per invoice for asphalt delivered.
3.3 Records of Expenses . CONTRACTOR shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement.
These records will be made available at reasonable times to CITY
3.4 Termination. CITY and CONTRACTOR shall have the right to terminate this agreement, w ithout cause, by giving thirty ( 30) days written notice of termination. If the Agreement is terminated by CITY, then the provisions of paragraph 3 would apply to that portion of the work completed.
4. Insurance requirements.
4.1 COMMENCEMENT OF WORK. CONTRACTOR shall not commence work under this Agreement until all certificates and endorsements have been received and approved by the CITY. All insurance required by this Agreement shall contain a Statement of Obligation on the part of the carrier to notify the CITY of any material change, cancellation, or termination at least thirty (30) days in advance. The insurers shall waive their rights of subrogation against the CITY, its officers, officials, agents, employees, and volunteers.
4.2 WORKERS COMPENSATION INSURANCE. During the duration of this Agreement, CONTRACTOR and all subcontractors shall maintain Workers Compensation Insurance in the amount and t ype required by law, if applicable. The insurer shall waive its rights of subrogation against the CITY, its officers, officials, agents, employees, and volunteers.
4.3 INSURANCE AMOUNTS . CONTRACTOR shall maintain the following insurance for the duration of this Agreement:
(a) Commercial general liability in the amount of $2,000,000 per occurrence; coverage to include XCU ( claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to CITY and have an AM Best’s Guide Rating of A-, Class VII or better, as approved by the CITY. Endorsements for primary and n on- contributory.
(b) Automobile liability in the amount of $2,000,000 combined single limit; Policy must be endorsed to delete pollution exclusion. (claims made and modified occurrence policies are not acceptable); Insurance companies must be acceptable to CITY and have an AM Best’s Guide Rating of A -, Class VII or better, as approved by the CITY.
447
3 (c) Automobile pollution in an amount of $2,000,000 per occurrence; (claims made and modified occurrence policies are not
acceptable); Insurance companies must be acceptable to CITY and have an AM Best’s Guide Rating of A -, Class VII or better, as approved by the CITY.
(d) Excess liability, following form, coverage shall be provided for any underlying policy that does not meet the insurance requirements set forth herein (claims made and modified occurrence policies are not acceptable). Insurance companies must be acceptable to CITY and have a Best’s Guide Rating of A-Class VII or better, as approved by the CITY.
An Additional Insured Endorsement, ongoing and completed operations, for the policy under section 4.3 (a) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds for liability arising out of work or operations performed b y or on behalf of the CONTRACTOR.
CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to city’s requirements, as approved by the CITY.
An Additional Insured Endorsement for the policy under section 4.3 (b) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds for automobiles owned, leased, hired, or borrowed by the CONTRACTOR. CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’ s requirements, as approved by the CITY.
MCS 90 Endorsement for the policy under section 4.3 (c) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds.
CONTRACTOR shall provide to CITY proof of insurance and endorsement forms that conform to CITY’s requirements, as approved by the CITY.
An Additional Insured Endorsement for the policy under section 4.3 (d) shall designate CITY, its officers, officials, employees, agents, and volunteers as additional insureds under the excess liability policy. CONTRACTOR shall provide to CITY proof of ins urance stating the excess liability policy follows form, additional insured endorsement forms, and the schedule of underlying policies with policy numbers that conform to CITY’s requirements, as approved by the CITY. Information for the excess policy only needs to be provided if the underlying policies do not meet the policy limits set forth herein.
For any claims related to this Agreement, CONTRACTOR’s insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, ag ents, and volunteers. Any insurance or self -insurance maintained by the CITY, its officers, officials, employees, agents, or volunteers shall by excess of the CONTRACTOR’s insurance and shall not contribute with it.
448
4 If CONTRACTOR maintains higher insurance limits than the minimums shown above, CONTRACTOR shall provide coverage for the higher insurance limits otherwise maintained by the CONTRACTOR.
5. Non-Liability of Officials and Employees of the CITY. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY, or for any amount which may become due to CONTRACTOR.
6. Non-Discrimination. CONTRACTOR covenants there shall be no discrimination against any person or group due to race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement.
7. Independent Contractor. It is agreed to that CONTRACTOR shall act and be an independent contractor and not an agent or employee of the CITY, and shall obtain no rights to any benefits which accrue to CITY'S employees.
8. Compliance with Law. CONTRACTOR shall comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local government.
9. Notices. All notices shall be personally delivered or mailed to the below listed address, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process.
a. (Address of Contractor)
Calmat Co. DBA Vulcan Materials Company, Western Division Attention: Tripp White, Area Manager
16013 Foothill Blvd.
Irwindale, CA 91702
b. (Address of CITY) (with a copy to):
City of Garden Grove Garden Grove City Attorney
11222 Acacia Parkway 11222 Acacia Parkway
Garden Grove, CA 92840 Garden Grove, CA 92840
10. CONTRACTOR'S PROPOSAL. Contractor shall be bound by all the terms, conditions and specifications set forth in the Port of Los Angeles Agreement attached as Attachment A hereto. In the event of any inconsistency between the terms of the Port of Los Angeles Agreement and the Agreement, the Agreement shall govern.
11. Licenses, Permits, and Fees. At its sole expense, CONTRACTOR shall obtain a Garden Grove Business License, all permits, and licenses as may be required by this Agreement.
12. Familiarity with Work. By executing this Agreement, CONTRACTOR warrants that: (1) it has investigated the work to be performed; (2) it has 449
5 investigated the site of the work and is aware of all conditions there; and (3) it understands the facilities, difficulties, and restrictions of the work under this Agreement. Should Contractor discover any latent or unknown conditions materially differing from those inherent in the work or as represented by CITY, it shall immediately inform CITY of this and shall not proceed, except at CONTRACTOR'S risk, until written instructions are received from CITY.
13. Time of Essence. Time is of the essence in the performance of this Agreement. The Supplier must immediately notify CITY in writing any time delivery is behind schedule or may not be completed on schedule. In addition to any other rights City may have under this Agreement or at law, Supplier shall pay City the sum of $[***INSERT AMOU NT***] per item of Goods for each calendar day for which the item of Goods is unavailable beyond the scheduled delivery date(s) specified in Attachment “B”.
14. Limitations Upon Subcontracting and Assignment. The experience , knowledge, capability, and reputation of CONTRACTOR, its principals and employees were a substantial inducement for CITY to enter into this Agreement. CONTRACTOR shall not contract with any other entity to perform the services required without written approval of the CITY. This Agreement may not be assigned voluntarily or by operation of law, without the prior written approval of CITY. If CONTRACTOR is permitted to subcontract any part of this Agreement, CONTRACTOR shall be responsible to CITY for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationship between any subcontractor and CITY. All persons engaged in the work will be considered employees of CONTRACTOR. CITY will deal directly with and will make all payments to CONTRACTOR.
15. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the parties are formally bound.
16. Prevailing Wages. The CITY has been advised that the Prevailing Wages Law applies to the work. CONTRACTOR shall be responsible for CONTRACTOR's compliance in all respects with the prevailing wage rates to all the laborers involved, and with California Labor Code Section 1770 et seq., including the keeping of all records required by the provisions of Labor Code Section 1776 and the implementing administrative regulations. The CITY shall be a third party beneficiary of the forgoing covenant with rights to enforce the same as against the CONTRACTOR.
17. Indemnification. CONTRACTOR agrees to protect, defend, and hold harmless CITY and its elective or appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damage to property, or interference with use of property, arising out of, or in any way connected with performance of the Agreement by CONTRACTOR, CONTRACTOR'S agents, officers, employees, subcontractors, or independent 450
6 contractors hired by CONTRACTOR. The only exception to CONTRACTOR'S responsibility to protect, defend, and hold harmless CITY, is due to the sole negligence of CITY, or any of its elective or appointive boards, officers, agents, or employees.
This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR.
18. Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefor by the Garden Grove City Council for each fiscal year covered by the term of this Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the CITY.
\ \ \ \
(Agreement Signature Block on Next Page)
451
7 IN WITNESS THEREOF, these parties have executed this Agreement on the day and year shown below.
Date:
ATTESTED:
"CITY"
CITY OF GARDEN GROVE
By:
City Manager
City Clerk
Date:
"CONTRACTOR"
Calmat Co DBA Vulcan
Materials Company, Western Division
By:
Name:
Title:_
Date:
Tax ID No.
APPROVED AS TO FORM:
Contractor’s License:
Expiration Date:
Garden Grove City Attorney
Date
If CONTRACTOR is a corporation, a
Corporate Resolution and/or Corporate
Seal is required. If a partnership,
Statement of Partnership must be
submitted to CITY.
452
8 ATTACHMENT “A”
IFB No. S-1327
Provide Asphalt Products for Will Call and Delivery to Various Job Locations in the City of Garden Grove per the bid specifications
CONTRACTOR/DELIVERY REQUIREMENTS: Vendor is required to deliver all asphalt and related products to the job locations as specified and agreed upon by the CITY. This contract does not guarantee any specific amount of products. Late deliveries result in operational problems and expense for the City; therefore, inconsistencies between vendor promised and actual delivery time may result in the City canceling the agreement or at minimum using alternate sources of supply.
Contractor provide the City with a direct number to the batch plant to allow for direct communication and must not have to go through multiple contacts to finally get to the hot plant.
Prior to the City ordering asphalt for delivery, the area is measured and calculated as to how many tons of asphalt will be needed for the job and then dispatch is called.
The City will attempt to call one week ahead of time to order the asphalt, and even two weeks in advance to ensure that we can get the asphalt delivered. It is up to the City to determine the speed of the asphalt delivery. Failure to meet the agreed upon delivery date and time may result in a penalty imposed on the contractor.
Contractor must obey all Federal, State, local ordinances and regulations.
Asphalt material is to be delivered in “End Dump Trucks Only”. Tarpaulins shall be used to cover all loads of asphalt concrete from plant to work site.
WILL CALL: The contract includes both delivery and Will-Call options. The City may also will call the asphalt and related products. The contractor will be notified of the option that the City selects.
PRODUCT SPECIFICATIONS: Grade for Asphalt Binder shall normally be PG-64-10
CONDITION OF THE PRODUCT: Asphalt arriving on the job site shall not be less than 280 degrees or more than 325 degrees F, as measured by City staff upon arrival.
The City reserves the right to reject any product that does not meet the proper specifications.
BID FORM (ATTACHMENT “B”): Bidder shall offer a price for each line item requested. Should the bidder offer an item with the unit price blank, the City reserves the right to deem the bid as non-responsive. Partial bids will not be accepted for any reason.
REQUEST FOR CLARIFICATION: All requests for clarification or questions, are to be submitted electronically via the City’s Planet Bids portal, using the Online Q&A feature by the deadline of Friday, May 10, 2024 at 2:00 p.m., local time. 453
9 ELECTRONIC BID SUBMITTAL ONLY : The City is NOT accepting walk -in/hand deliveries of bids. Bids must be submitted electronically via the City’s Planet Bids portal. Pricing must be submitted via the line item section on the City’s Planet Bids po rtal AND completed Attachment “B” Bid Form, Pages 20 -22 of this bid document, must also be submitted in the bid package. Instructions on how to submit an electronic bid via the Planet Bids portal can be found under the “Documents & Attachments” tab.
AWARD OF CONTRACT(S ): The City intends to award contracts to multiple companies to ensure that product availability and delivery as needed. The lowest bidder will be the first company contacted and if they do not respond in a timely manner or are unable to provide the product at the time it is needed, then the next lowest bidder will be contacted. The City reserves the right to reject any or all bids or to waive any irregularities or informalities in any bids or in the bidding process.
INSURANCE: Contractors are required to provide the insurance specified in the Sample contract (Pages 11-12) included in this bid document.
PREVAILING WAGE : The Director of Industrial Relations has determined the general prevailing rate of per diem wages in Orange County for each craft or type of worker needed to execute the Agreement, copies of which are on file and will be made available to any interested party upon request at City Office or online at http://www.dir.ca.gov/dlsr. The successful Bidder and all its subcontractor(s) shall comply with all applicable Labor Code provisions, which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Agreement, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors.
DIR REGISTRATION : Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work, must be registered with the Department of Industrial Relations. No Bid will be accepted nor any contract entered into without proof of contractor and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. Notwithstanding the foregoing, the contractor registration requirements m andated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
BID PRICING: Suppliers are intended to hold their pricing for the full term of the contract. In the event that the supplier is unable to hold pricing for the contact term stated, supplier must provide the term for which they are able to hold pricing and the maximum price increase that will be i mposed on the City if contractor is unable to hold pricing. This must be stated as a percentage on top of the original pricing submitted in the bid package and must be include on Bid Form, Attachment “B”, Page 21, Section IV, Pricing, Agreement, of this bid document. 454
10 Advance notice of any price increases must be submitted to the CITY in writing and the CITY must agree to any price increases. The City reserves the right to factor in any price increases in calculating the lowest bidder(s) selected.
455
Item # Section Description UOM QTY
All American
Asphalt
Vulcan
Materials Co
R.J. Noble
Company
1 Asphalt Products
Bulk Asphalt PG 64-10, 3/4 Fine--
Delivery (Include all fees) LOT 1 $99.83 $127.94 $146.81 2 Asphalt Products
Bulk Asphalt PG 64-10, 3/4 Fine--
Will Call LOT 1 $89.35 $114.71 $103.31
3 Asphalt Products
Bulk Asphalt PG 64-10, 3/8 Fine--
Delivery (Include all fees) LOT 1 $109.83 $133.38 $157.69 4 Asphalt Products
Bulk Asphalt PG 64-10, 3/8 Fine--
Will Call LOT 1 $99.35 $120.18 $114.19
5 Asphalt Products
Bulk Asphalt PG 64-10, 1/2 --
Delivery (Include all fees) LOT 1 $99.83 $127.94 $146.81 6 Asphalt Products
Bulk Asphalt PG 64-10, School Mix
-- Will Call LOT 1 $107.35 $120.18 $114.19
7 Asphalt Products
Bulk Asphalt SC 800, Cold Mix --
Will Call LOT 1 $110.35 $120.18 $135.94
8 Asphalt Products 3/4IN CL 2 Base LOT 1 $7.40 $23.65 $8.70 9 Asphalt Products
Bulk Asphalt SC 800, Cold Mix --
Delivery (Include all fees) LOT 1 $120.83 $133.38 $179.44 10 Asphalt Products SSIH Emulsion Tack- Bulk GAL 1 $3.50 $25.00 $16.31 11 Asphalt Products SSIH Emulsion Tack- 5-Gal Bucket EA 1 $49.50 $92.00 $108.75 Subtotal $897.12 $1,138.54 $1,232.14
12 Misc Charges Standby Fee LOT 1 $3.00 $140.00 $150.00 13 Misc Charges Short Load Fee LOT 1 $150.00 $3,306.50 $870.00 14 Misc Charges
Shipping and Delivery Fee (if
applicable) LOT 1 $8.68 $13.75 $870.00
15 Misc Charges Garden Grove Sales Tax 8.75% LOT 1 $1.00 $0.00 $8.75 Subtotal $162.68 $3,460.25 $1,898.75
Total $1,059.80 $4,598.79 $3,130.89
IFB S-1327
ASPHALT PRODUCTS AND DELIVERY/WILL CALL
456
Item 278/2024
City of Garden Grove
INTER-DEPARTMENT MEMORANDUM
To:
Lisa L. Kim From: Patricia Song
Dept:
City Manager Dept: Finance
Date: 6/25/2024
Subject: Second Reading and Adoption of Ordinance 2955
Entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE
ESTABLISHING THE AMOUNT OF MONEY FOR PARAMEDIC SERVICES THAT
MUST BE RAISED BY AN AD VALOREM TAX OVERRIDE AND THE SETTING OF THE TAX RATE OF SAID OVERRIDE. (Action Item)
Attached for second reading is Ordinance No. 2955 recommended for adoption.
ATTACHMENT(S)
1. Ordinance 2955
457
ORDINANCE NO. 2955
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GARDEN GROVE
ESTABLISHING THE AMOUNT OF MONEY FOR PARAMEDIC SERVICES THAT MUST BE
RAISED BY AN AD VALOREM TAX OVERRIDE AND THE SETTING OF THE TAX RATE OF
SAID OVERRIDE
City Attorney’s Summary
City Council Resolution No. 4547-74 submitted to the voters for approval an ad valorem tax for paramedic services in an amount not to exceed 10¢ per $100 of assessed valuation. The measure was approved by the voters in June 1974. State law requires that the City Council set the annual levy of the tax by ordinance or resolution. This Ordinance sets the levy of the tax at 8¢ per $100 of assessed valuation for FY 2024- 2025.
THE CITY COUNCIL OF THE CITY OF GARDEN GROVE DOES ORDAIN AS FOLLOWS:
SECTION 1: In June 1974, over sixty percent (60%) of the Garden Grove voters approved an ad valorem tax override to provide emergency medical care service (Paramedic Services) to the community, whether it be provided by the City of Garden Grove or on a regional basis, and thereb y incurring a debt consisting of personnel, equipment and contractual payment obligations for the provision of Paramedic Services.
SECTION 2: Property taxes for indebtedness approved by the voters prior to July 1, 1978, are authorized pursuant to Section 93 of the Revenue and Taxation Code.
SECTION 3: The City Council of the City of Garden Grove hereby declares it is necessary to raise an estimated $15,800,000 through the use of an ad valorem tax override on the taxable property within the City of Garden Grove to maintain and pay for the emergency medical care services.
SECTION 4: The tax rate for the authorized ad valorem tax override as approved by voters of all assessable real and personal property for the Fiscal Year 2024-25 shall be 8.0 cents ($.080) per one-hundred dollars ($100) of assessed valuation, using as a basis the value of the property as assessed and equalized by the County of Orange, State of California, and shown on the 2024-2025 assessment roll of said county.
SECTION 5: This ordinance shall excl ude from Section 4 annexations of assessable, real and personal property to the City of Garden Grove after July 1, 1978, indicated by the listing on the attached document designated Exhibit "A".
SECTION 6: Severability. If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it woul d have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, 458
Garden Grove City Council
Ordinance No. 2955
irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words, or portions thereof be declared invalid or unconstitutional.
SECTION 7: The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law.
The foregoing Ordinance was passed by the City Council of the City of Garden Grove on the ___ day of ____________.
ATTEST:
MAYOR
_______________________________
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF GARDEN GROVE )
I, TERESA POMEROY, City Clerk of the City of Garden Grove, do hereby certify that the foregoing Ordinance was introduc ed for first reading and passed to second reading on June 11, 2024, with a vote as follows:
AYES: COUNCIL MEMBERS: (7) BRIETIGAM, O’NEILL, DOVINH, KLOPFENSTEIN,
NGUYEN-PENALOZA, TRAN, JONES
NOES: COUNCIL MEMBERS: (0) NONE
ABSENT: COUNCIL MEMBERS: (0) NONE
459
Garden Grove City Council
Ordinance No. 2955
EXHIBIT "A"
Listed Annexations Finalized after July 1, 1974 and
Not Subject to Paramedic Tax Override
Annexation No./
Reorganization No.
City Resolution No. Date Completed
1-78 5573-78 August 8, 1978
2-78 5634-78 October 24, 1978
3-78 5637-78 November 28, 1978
4-78 5670-78 November 30, 1978
5-78 5671-78 November 30, 1978
7-78 5731-79 March 30, 1979
1-79 5813-79 July 30, 1979
141 7875-96 May 29, 1996
460