AGREEMENT BETWEEN THE CITY OF SALINAS AND PENINSULA READY MIX, INC. FOR SUPPLY OF ASPHALT AND CONCRETE MATERIALS
THIS Agreement for Supply of Asphalt and Concrete Materials ("Agreement") is made and entered into this 30th day of September 2025, by and between the City of Salinas, a California Charter city and municipal corporation (hereinafter "City") and Peninsula Ready Mix, Inc., a California corporation (hereinafter "Supplier").
City and Supplier agree as follows:
1. Scope. The City desires Supplier to provide asphalt and concrete materials and related products ("Materials") to the City per the specifications attached hereto, and incorporated herein by this reference, as Exhibit A.
2. Term. This Agreement shall commence July 1, 2025, and shall continue through June 30, 2027 unless City grants a w ritten extension of t ime. This Agreement may be terminated by the City without cause.
3. Payment. The City shall pay Supplier for Materials purchased by City in arrears per invoice provided by Supplier in accordance with the prices set forth in the Supplier's proposal attached hereto as Exhibit B, incorporated herein by this reference. The total amount of compensation to be paid by the City to Supplier under this Agreement shall not exceed Sixty Thousand Dollars ($60,000). All prices and fees set forth in Exhibit B are firm and shall not be subject to change without the written approval of the City. No extra charges of any kind will be allowed unless specifically agreed to in writing by the Public Works Director. The total price shall include all federal, state, local, and other taxes applicable to the Materials supplied to City a hereunder and all charges for packing, freight, trnsportation, and delivery.
4. Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefor by the Salinas City Council for each fiscal year covered by the term of this Agreement. If such appropriation is not made, this Agreement shall automatically terminate without any penalty to the City.
5. Meet and Confer. Supplier agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by City to insure timely and adequate performance under this Agreement.
6. Indemnification. Supplier shall hold harmless, defend at its own expense, and indemnify City and its officers, officials, employees, agents, and volunteers from and against all liability, claims, damages, losses, and/or expenses including reasonable City attorney fees arising from all acts or omissions of Supplier or its officers, agents, or employees arising out of the performance of this Agreement, caused in whole or in part by any negligent act or omission of the Supplier, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the sole negligence or willful misconduct of the City.
Page I of 10
7' lnsurance. Supplier shall procure and maintain for the duration ofthis Agreement insurance meeting the requirements specified in Exhibit C, attached hereto.
8. _ Use4siag. Supplier wanants that it is properly licensed to supply Materials specified under this Agreemen! including but not limited to possession ofa currrnt City business license.
4. Terrnination. city may terminate this Agreement without oause upon ten days' written notice. The amount of damages, if any, as a result of such termination may be dicided by negotiations between the parties or before a court of competent jurisdiction. l. Ag9*y In performing the services specified under this Agreemen! Supplier is hereby deemed to be an independent contractor and not an agent or employee of City.
6. No+Alsignability. The rights and obligations of supplier hereunder are not assignable and cannot be delegated without written consent of City.
7. Entire Aereement. This Agreement constitutes the entire Agreement between the parties hereto and supersedes any and all prior agreements, whether oral or written, relating to the subject matter thereof. Any modification of the Agreement wi1l be effective only iait is in writing signed by both parties hereto.
8. Yalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, tle remaining provisions will continue in full force without being impaired or invalidated in any way.
9. Countemarts. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts.
10. Larus. Supplier agrees that in the performance of this Agreement it will comply with all applicable State, Federal and local laws and regulations including, but not limited to, prevailing wages laws applicable to supplier's provision of Materials to the city. This Agreement shall be govemed by and construed in accordance with the laws ofthe State of Califomia, County of Monterey, and City of Salinas.
IN WITNESS WHEREOF, this Agreement is entered into by the parties hereto on the day and year first written above.
CITY OF SALINAS
Rend Mendez, City Manager
APPROVED AS TO FORM:
Christopher A. Callihan, City Attorney, or
Rhonda Combs, Assistant City Attorney
SUPPLIER
n-rJ
By (Printed Name): kh d. il.,rovlivul AL.e
Its (Title): L€O
Exhibit A
NOTICE TO tr,IATERIAL SUPPLIERS
Notice n krlby gnEa 6rt 6. CiR' of S.liris Gereiuner rderrd to ae "City--)- tri.8_v ir!-ires Bid Pr.posali fq lte follow,lg o.t€fisls to 6r lodbrsed:
RO.ID\I'.{Y P.{\EIIE}-T & CO\-CRErf, II{TERI{LSi CIP 9I3t A s.u..d co?y oftb Bid Proposd P!.t fc (tsiLJ for 6r rbow-acatio[.d ir6it sh.lt b. .rtoitt d dcctsoic![y da lb! Pk!.tBidi l'drii. latil 2:00 p.t!- P..iic Tiac @ AugE$ 2], 2025, rt qtich tioc 6 6erc&r 6ritt hi& Bill bc rtrlctoiicEfly o!.ord dd r!..ilsbl,! odic. It i5 6. Bidd.r's rclpod:r]hility to .nrur 6.t B.id B Bi 6. it &. Wlord.d&llsoilH rir 6. PrraltBids EEtuiE, lt'io! to r[! .fdllr.dtioad it riElrH daa. !!d tiE!- Th. City Clat'! OfE . sil not t actrp&g p?c,bidi.
Pro.p.cti!'c BiiLLrr !i. p.rDittcd to f,rrcr. .!d dorrload rll ioform{io aad doorocds amilablc f* tic prd.ct od 6e Ple,riBidr relbsrt . Rlgbt rlld Prorpccht Btddcr: fr6: p.rucdarcit]-ofsdiEs projccr si[ at@sttrlly recrirr r{dlt .. notifc.tiols. aad ddeodg *t a irEE.4 towlslr- it b 6. Bidd.c' nsponsibility to thr !!flr! lbat thc forgoiag tn c tGla rx:!ft,ad.
Bidd.rs cia registlr ar r Prcspectir! Eiddlr ia two si}r:
(l) Biddcr: rrr cacooragd to rgirtct for $!! tlrougi PlamtBidt tador Portal for rtc Ciq' of Sallur at [rlpr:r issn rlactbidr.ror,'ponal.poraLc&tmoa!.If 2]9.19- G) Bidd.rs !r!r' aLo Egirrlr to Pha.tBidi rmbdte di&ctly f6 . fEE at httpr:,r\rddorlin .coo,r.sist{' ud riga up for Ci$' of S.li!.s' bid ofp6flsiai.s. Tb lirt '"Ui!s Cl(rldl Colsrruclioo Proj.cB OtfnBif d tt Cit]. od Sdiols $.&itr lilt d bclos Bitl tah yor to t!! t girkrtiod p{tc 6 rir Pt[dBid! V.[&r hrl for 6. City of Sdlilr6 lrrbriE:
Pl.oedi& \'crd6 Pqtd
Fq ersieraacc vitt PLctBiile r.gist'.ti@" c@ts'ct PhadBi{s odim u by clliog 8l &992-1?? I.
TLa CiV rls.rEcs tb .igfu to .s'!rd [P to thec oal.tids sppti.rs .!d res.rr€ rh. rigtt io rcj.ct rdy 6 dt !t!,po!rls. rld to s.il! 6!y int@liry ir kopos& c.ehrd" .Allqueaioasrcgrdiq thir Rrq!.st fEPftpcd ctpddt dir.d.d ro: }fltlos QsiqLro. St!.t lvfridoaoce Mrag:r City of Srlios Pdlic Wots Dcpatocat * (831) 75&?919 or rarait marrosqdciselinrg-ca* .
PROPOS.lL
FOR
RO.ID\I ^TY P-{E\IE}T },L{TERLIIS
FOR TEE CITY OF S.ILN-.I.S
SAI-INNS. CALITON.\-iA
FROM:
Nrq"VE OF Cv1trl A-.-.! lr'r'' x Ir," c-q_
BL-SINESS ADDRESS: tl01- y\o o\i:cr.. \-otl^e"
STATE: Uft D: o13cr0?
)3 444 Tqte
RESIDENCE
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TON
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FOR TIIE CIIY OF S.{LI}i.{S
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Coqraav Na.or:
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PRICE
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Exhibit B
ESTIMATE
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Exhibit C
Insurance Requirements
contractor shall procure and maintain for the duration of the conhact, and for three years thereafter, insurance against claims for injuries to persons or damages to prop"rty *iri"h -uyarise from or in connection with the performance of the work hereund". by tL. iontractor, -
his/herlits officers, agents, representatives, employees, and/or subcontractors.
MIIIIMI-IM SCOPE AIID LIMIT OF INSURANCE
Coverage shall be at least as broad as:
'.1' commercial General Liabitity ('cGL"): Insurance services office (,.ISo,') Forrn cG 00 0l covering cGL on an occurence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no l"rith* $z,6bo,oo0 p", occurrenre. Ifa general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISo Form cG 25 03 or 25 04) or the general aggregate'limit shall be twice the required occurrence limit.
;2. Automobile Liability: ISo Form cA 0001 covering code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage. ,'!' wgrkers' compensation: as required by the State of califomi4 with Statutory Limits, and Employers' Liability insurance with a limit ofno less than $1,000,000 per accident for boiily injury or disease.
!. Cgltractors' Pollution Legal Liability andTor Asbestos Legal Liability and/or Errors andomissions (if project involves environmental hazards): with limis no less tian $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, on au annual basis.
If the contractor maintains broader coverage and,/or higher limits than the minimums shown above, the Contractor requires and shall be entitled to the broader coverage and,/or higher limits maintained by the contractor. Any available insurance proceeds in excesi ofth" rp".Ifi"d minimum limits of insurance and coverage shall be available to the City.
S e lf- I n s ur e d Ret e n tio n s
self-insured retentions must be declared to and approved by the city. At the option ofthe city, either: the contractor shall cause the insurer shali io reduce or eliminate such ielf-insured Y:ltio*.T r"r_pects the city, its officers, offrcials, employees, and volunteers; or the contractor shall provide a financial guarantee satisfactory to the city guaranteeing payment oflosses and related investigations, claim administration, and defe*" "ip"*.r. rne poiicy language shallprovide, or be endorsed to provide, that the self-insured retention may bi satisfieaiy-eitner menamed inswed or City.
U h e r Ins arance Provisions
The insurance policies are to contain, or be endorsed to contain, the fo owing provisions:
1. The city, its officers, officials, employees, and volunteers are to be covered as additional insureds on tle cGL policy with respect to riability arising out ofwort or operations performed
by or on behalf of the Contractor including materials, parts, or equipment fumished in connection with such work or operations and automobiles owned llased hired, or borrowed by or on behalf ofthe contractor. General liability coverage can be provided in the form ofan endorsement to the contractor's irsurance (at least as broad as ISo Form cG 20 10, cG l l g5 or both cG 20 10, cc 20 26, cc 20 33, or cG 20 38; and cG 20 37 forms if later revisions used).
2. For any claims related to this project, the contractor's insurance coverage sha[ be primary in-surance coverage at least as broad as ISo cG 20 01 04 13 as respects the clty, its officers, ofEcials, employees, and volunteers. Aay insurance or self-insurance mainlaio.a uy tu" city, itt officers, ofEcials, employees, or volunteers shall be excess ofthe contractor's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.
!. A copy of the claims reporting requirements must be submitted by contractor to the city.
5. If the services involve lead-based paint or asbestos identification/iemediation, the Contractor's Pollution Liability poiicy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identificatior/remediation, the contractor's pollution Liability policy shatl not contain a mold exclusion, and the definition ofpollution shall include microbial matter, including mold.
Accepability of Ins uren
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.
Waiver ol Subrogation
contractor hereby agrees to waive rights of subrogation which any insurer of contractor may acquire from contractor by virhre ofthe payment of any loss. contractor agrees to obtrin ani endorsement that may be necessary to affect this waiver of subrogation The workers, compensation policy shall be endorsed with a waiver of subrogation il favor ofthe city for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall fumish the City with original Certiftcates of Insurance including an additional insured endorsement and all required amJndatory endorsements (or copies ofthJapplicable policy language effecting coverage required by this clause) and acopy ofthe Declarations and Endorsement Page ofthe cGL policy listing all policy endorsementi io city before work begins.
However, failure to obtain the required doc,,ments prior to tre work beginning shall not waiie the c-ontractor's otligation to provide them. The city reserves the right-to req-uire complete, certificd copies ofall required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
contractor shall require and verifr that all subcontractors maintain insr:rance meeting all the requirements stated herein, and contractor shall ensure that city is an additional insrired on insurance required from subcontactors. For cGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 3g 04 13.
Maintenance of Insurance
Maintenance of insurance by contractor as specified shall in no way be interpreted as relieving Contractor of its indemnification obligations or any responsibility whatsoevJr and the Contractor may carry, at its ovrn expense, such additional insurance as it deems necessary.
Special Risks or Circunslances
crty reserves the right to modify these requirements, including limits, based on the natule ofthe risk, prior experience, insurer, coverage, or other special circumstances.