HomeMy Public PortalAbout09) 7F Bid Award for Street Resurfacing and Traffic Calming CIP - All American AsphaltCity Council
July 21, 2015
Page 2 of 4
o Preliminary Engineering: $46,432 (matched by $5,159 in local funds);
o Construction Engineering: $30,955 (matched by $3,439 local funds); and
o Construction: $402,600 (matched by $44,7331ocal funds).
3. In July 2013, the City hired a qualified design consultant through a competitive
bidding process, Elie Farah, Inc., for the preparation of the Plans, Specifications,
and Estimates (PS&E) package for advertisement for construction bids.
4. In February 2014, the PS&E package was finalized and submitted for City staff
review and approval. Following approval of Pavement Management Program
(PMP) funds by the City Council, street rehabilitation work was added to the project
at the City Council's direction to allow street resurfacing to be completed in
conjunction with the other improvements.
5. In February 2015, bids for the project were advertised.
6. On March 11, 2015, bids were opened. Out of five bids received, All American
Asphalt was found to be the lowest responsive bidder (Attachment "B"). The base
bid submitted by All American Asphalt is in the amount of $697,300. Based on
availability of PMP funds allocated for Fiscal Year (FY) 2015-16, an additive bid
item in the amount of $170,950 is included in the contract. The total contract
amount to be awarded to All American Asphalt is therefore $868,250.
ANALYSIS:
To combine the traffic calming improvements with street surface improvements, the City
Council directed the grant funds to be supplemented with local PMP funds. The PMP
work is relevant because completing the street resurfacing before the pavement
legends and striping are installed will prevent the City from having to redo such
improvements at a later time. The street resurfacing listed in the following table will be
completed as part of the project using PMP funds. The streets to be resurfaced were
prioritized based on the PMP and the condition of the streets.
Street Resurfacing
Street Starting At Ending At Type
Arden Dr. Olive Ave. Lower Azusa Rd. Grind and overlay
El Monte Ave. Las Tunas Dr. Lower Azusa Rd. Grind and overlay
Golden West Ave. Garibaldi Ave. Las Tunas Dr. Slurry seal
Lemon Ave. Temple City Blvd. Golden West Ave. Slurry seal
Lon~den Ave. Burton Ave. Rosemead Blvd. Slurry seal
Olive St. Rosemead Blvd. Arden Dr. Slurry seal
City Council
July 21, 2015
Page 4 of 4
amount to be awarded to All American Asphalt is therefore $868,250 ($697,300 for base
bid plus $170,950 for additive bid item for Arden Drive).
The total area of pavement to be rehabilitated is approximately 1,000,000 square feet.
Based on cost analysis of originally estimated PMP costs for the streets included in the
project, the City is achieving approximately 25 percent lower costs per unit price than
estimated in the PMP. The total project cost is estimated to be $1,041,900, including
the following components:
• $868,250 for construction;
• 10 percent ($86,825) contingency; and
• 10 percent ($86,825) for construction phase services including construction
management, inspection, project management, labor compliance, funding
compliance, contract administration, and coordination.
FISCAL IMPACT:
Funds for this project were allocated in the FY 2014-15 City Budget under two CIPs
(CIP Nos. P13-02 and P13-12). Approximately $100,000 was spent from CIP No. P13-
12 on PS&E and project management during FY 2014-15; the remaining funds from
both CIPs were reallocated in the FY 2015-16 City Budget. The approved FY 2015-16
City Budget includes $614,000 for PMP CIP No. P13-02 using gas tax funds. This will
supplement the remaining BTA grant funds for CIP No. P13-12 and will provide
adequate funds for the total estimated remaining project cost of $941,900 ($1 ,041 ,900
minus $100,000 already expended).
ATTACHMENTS:
A. Public Works Contract to be executed with All American Asphalt
B. Low Bid Submitted by All American Asphalt
ATTACHMENT A
CITY OF TEMPLE CITY
PUBLIC WORKS CONTRACT
BTA (BICYCLE TRANSPORTATION ACCOUNT) BTA N0.1213-07-LA-19, AND
PMP (PAVEMENT MANAGEMENT PROGRAM) CITY CIP NO. P13-12
THIS AGREEMENT ("Agreement") is made and entered into this __ day of
c:-:--c-c--:--o-----:---:--,------:--:-' by and between the CITY OF TEMPLE CITY, a
Municipal Corporation located in the County of Los Angeles, State of California ("CITY"),
and ALL-AMERICAN ASPHALT, a California corporation, located at 400 E. 61h Street,
Corona, CA 92878 ("CONTRACTOR"), collectively referred to as the Parties.
RECITALS
A. CITY, by its Notice Inviting Bids, duly advertised for written bids to be submitted
on or before 2 PM, March 11, 2015, for the following:
BTA (BICYCLE TRANSPORTATION ACCOUNT) BTA NO. 1213-07-LA-19, AND
PMP (PAVEMENT MANAGEMENT PROGRAM) CITY CIP NO. P13-12
in the City of Temple City, California ("Project").
B. At 2 PM on said date, in the Temple City Council Chambers, the bids submitted
for the Project were opened.
C. At its regular meeting held on July 21, 2015, the City Council of CITY accepted the
bid of CONTRACTOR for the Project as being the lowest responsive bid received
and directed that a written contract be entered into with CONTRACTOR
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises and of the mutual covenants and
agreements herein contained, the parties do hereby agree as follows:
1. CONTRACT DOCUMENTS. This Agreement consists of the following
documents ("Contract Documents"), all of which are made a part of this Agreement:
(a) Notice Inviting Bids
(b) Instructions to Bidders
(c) Bid Form
LA #4814-2634-9072 v2
DRAFT 1127115
(d) Bid Proposal and/or Contract Proposal, as accepted, including the
Certificate of Bidders' Experience and Qualifications and the List of Subcontractors
(e) Information Required by Bidder
(f) Notice of Award
(g) Notice to Proceed
(h) This Agreement
(i) Verification of California Contractor's License
G) Contractor's Certificate Regarding Workers' Compensation
(k) Security for payment (labor and materials)
(I) Security for performance
(m) Certificate(s) of Insurance
(n) General Conditions/Specifications
(o) Special Provisions
(p) Plans and Standard Drawings
(q) Prevailing Wage Scales
(r) Standard Specifications for Public Works Construction, including
subsequent addenda and supplements
(s) Change orders issued by the City and signed by the Contractor pertaining
to the Contract after the Contract is awarded to Contractor
(t) All addenda issued by the City with respect to the foregoing prior to the
opening of bids, including, Addenda Nos. (None).
(u) Other documents (list here)
All other applicable reference standards and requirements
In the event there is a conflict between the terms of the Contract Documents, the more
specific or stringent provision shall govern.
2. SCOPE OF WORK. CONTRACTOR agrees to perform all work required for the
Project and to fulfill all other obligations as set forth in the Contract Documents ("Work").
Except as specifically provided in the Contract Documents, CONTRACTOR must
furnish all of the labor, materials, tools, equipment, services and transportation
2
necessary to perform all of the Work. CONTRACTOR must perform all of the Work in
strict accordance with the Contract Documents.
3. COMPENSATION & PAYMENT. CONTRACTOR hereby agrees to receive and
accept the total amount of Eight Hundred Sixty Eight Thousand Two Hundred Fifty
Dollars ($868,250.00), based upon those certain unit prices set forth in
CONTRACTOR's Bid Schedule, a copy of which is attached hereto as Exhibit "A" and
incorporated herein by this reference, as full compensation for the Work. Said
compensation shall cover all expenses, losses, damages, and consequences arising
out of the nature of the Work during its progress or prior to its acceptance, including
those for well and faithfully completing the Work in the manner and time specified in the
Contract Documents, and also including those arising from actions of the elements,
unforeseen difficulties or obstructions encountered in the prosecution of the Work,
suspension or discontinuance of the Work, and all other unknowns or risks of any
description connected with the Work. CITY shall retain five percent (5%) of the
compensation until the provisions of Section 14 herein have been met. CITY hereby
agrees to pay CONTRACTOR at the time, in the manner, and upon the conditions set
forth in the CONTRACT DOCUMENTS.
4. UNAUTHORIZED ALIENS. CONTRACTOR promises and agrees to comply
with all of the provisions of State and Federal law with respect to the employment of
unauthorized aliens, including without limitation the Federal Immigration and Nationality
Act (8 USCA 1101, et seq.), as amended. Should CONTRACTOR employ one or more
unauthorized aliens for the performance of the Work, and should the Federal
Government impose sanctions against the CITY for such use of unauthorized aliens,
CONTRACTOR hereby agrees to, and shall, reimburse CITY for the cost of all
sanctions imposed, together with any and all costs, including attorney's fees, incurred
by the CITY in connection therewith.
5. REPRESENTATIONS AND WARRANTIES. CONTRACTOR hereby represents
and warrants that:
(a) It is not currently, and has not at any time within the past five (5) calendar
years been, suspended, debarred, or excluded from participating in, bidding on,
contracting for, or completing any project funded in whole or in part by program, grant or
loan funded by the federal government or the State of California; and
(b) CONTRACTOR currently has, and for the past five (5) calendar years has
maintained in good standing, a valid California contractor's license; and
(c) CONTRACTOR is registered with the Department of Industrial Relations
to perform services on public works projects as required by Labor Code section 1725.5.
CONTRACTOR agrees to complete and execute any statement or certificate to this effect
as may be required by the City or by any federal or State of California program, loan or
grant utilized on this Project.
3
6. TIME TO PERFORM THE WORK. CONTRACTOR shall commence the Work
on the date specified in the Notice to Proceed to be issued to CONTRACTOR by the
Director of Public Works of CITY, and shall complete work on the Project within Forty
(40) working days after commencement.
7. NONDISCRIMINATION. CONTRACTOR shall not discriminate in its recruiting,
hiring, promotion, demotion or termination practices on the basis of race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, or sexual orientation in the performance of this
Agreement, and shall comply with the provisions of the California Fair Employment and
Housing Act as set forth in Part 2.8 of Division 3, Title 2 of the California Government
Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88-352, and all
amendments thereto; Executive Order 11246; and all administrative rules and
regulations issued pursuant to such acts and order.
8. LABOR CODE REQUIREMENTS.
(a) CONTRACTOR is aware of and agrees to abide by the provisions of
California Labor Code Sections 1720, et seq., as well as Sections 1771, 1773, 1773.1,
1773.6, 1773.7, 1774, 1775, 1776 and 1777, pertaining to the obligation to pay
prevailing wages with respect to the performance of work ("Prevailing Wage Laws").
Copies of the prevailing rate of per diem wages and the general prevailing rate for
holiday and overtime work for each craft are available upon request from the City. A
copy of the prevailing rate of per diem wages shall be posted at the job site. If such
posting is not possible, a copy shall be posted at the business of the CONTRACTOR.
(b) CONTRACTOR acknowledges that under California Labor Code sections
1810 and following, eight hours of labor constitutes a legal day's work. CONTRACTOR
will forfeit as a penalty to City the sum of $25.00 for each worker employed in the
execution of this Agreement by CONTRACTOR or any subcontractor for each calendar
day during which such worker is required or permitted to work more than 8 hours in any
one calendar day and 40 hours in any one calendar week in violation of the provisions
of Labor Code section 1810. (Labor Code§ 1813.)
(c) CONTRACTOR, and any subcontractor engaged by CONTRACTOR,
must pay not less than the specified prevailing rate of per diem wages to all workers
employed in the execution of this Agreement. (Labor Code§ 1774.) CONTRACTOR is
responsible for compliance with Labor Code section 1776 relative to the retention and
inspection of payroll records.
(d) CONTRACTOR must comply with all provisions of Labor Code section
1775. Under Section 1775, Contractor may forfeit as a penalty to City up to $50.00 for
each worker employed in the execution of the Agreement by CONTRACTOR or any
subcontractor for each calendar day, or portion thereof, in which the worker is paid less
than the prevailing rates. Contractor may also be liable to pay the difference between
the prevailing wage rates and the amount paid to each worker for each calendar day, or
portion thereof, for which each worker was paid less than the prevailing wage rate.
4
(e) Nothing in this Agreement prevents CONTRACTOR or any subcontractor
from employing properly registered apprentices in the execution of the Agreement.
CONTRACTOR is responsible for compliance with Labor Code section 1777.5 for all
apprenticeable occupations. This statute requires that contractors and subcontractors
must submit contract award information to the applicable joint apprenticeship
committee, must employ apprentices in apprenticeable occupations in a ratio of not less
than one hour of apprentice's work for every five hours of labor performed by a
journeyman (unless an exception is granted under §1777.5}, must contribute to the fund
or funds in each craft or trade or a like amount to the California Apprenticeship Council,
and that contractors and subcontractors must not discriminate among otherwise
qualified employees as apprentices solely on the ground of sex, race, religion, creed,
national origin, ancestry or color. Only apprentices defined in Labor Code section 3077,
who are in training under apprenticeship standards and who have written apprentice
contracts, may be employed on public works in apprenticeable occupations.
(f) CONTRACTOR shall defend, indemnify and hold the CITY, its elected
officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
9. PROJECT SITE CONDITIONS.
(a) CONTRACTOR shall, without disturbing the condition, notify CITY in
writing as soon as CONTRACTOR, or any of CONTRACTOR's subcontractors, agents
or employees have knowledge and reporting is possible, of the discovery of any of the
following conditions:
(i) The presence of any material that the CONTRACTOR believes is
hazardous waste, as defined in Section 25117 of the Health and Safety Code;
(ii) Subsurface or latent physical conditions at the site differing from
those indicated in the specifications; or,
(iii) Unknown physical conditions at the site of any unusual nature,
different materially from those ordinarily encountered and generally recognized as
inherent in work of this character provided for in this Agreement.
(b) Pending a determination by CITY of appropriate action to be taken,
CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the
hazardous waste or physical conditions from causing bodily injury to any person.
(c) CITY shall promptly investigate the reported conditions. If CITY, through
its Director of Public Works, or his or her designee, and in the exercise of its sole
discretion, determines that the conditions do materially differ, or do involve hazardous
waste, and will cause a decrease or increase in the CONTRACTOR's cost of, or time
required for, performance of any part of the Work, then CITY shall issue a change order.
(d) In the event of a dispute between CITY and CONTRACTOR as to whether
the conditions materially differ, or involve hazardous waste, or cause a decrease or
5
increase in the CONTRACTOR's cost of, or time required for, performance of any part
of the Work, CONTRACTOR shall not be excused from any scheduled completion date,
and shall proceed with all work to be performed under the Agreement. CONTRACTOR
shall retain any and all rights which pertain to the resolution of disputes and protests
between the parties.
10. INDEMNITY. CONTRACTOR shall assume the defense of and indemnify and
hold harmless the CITY, its elective and appointive boards, officers, agents and
employees, from all claims, loss, damage, injury and liability of every kind, nature and
description, directly or indirectly arising from the performance of the Work, regardless of
responsibility of negligence; and from any and all claims, loss, damage, injury and
liability, resulting directly or indirectly from the nature of the Work covered by this
Agreement, regardless of responsibility of negligence.
(a) CITY does not, and shall not, waive any rights against CONTRACTOR
which it may have because of the acceptance by CITY or the deposit with CITY by
CONTRACTOR, of any of the insurance policies hereinafter described in this
Agreement.
(b) The indemnity provided by CONTRACTOR shall apply to all damages and
claims for damages of every kind suffered, or alleged to have been suffered, by reason
of any of the Work by CONTRACTOR, or any subcontractor, regardless of whether
insurance policies are applicable to any of the damages or claims for damages.
(c) The provisions of this section do not apply to claims occurring as a result
of the City's sole negligence or willful acts or omissions.
(d) The provisions of this section will survive the expiration or earlier
termination of this Agreement.
11. BONDS. CONTRACTOR, before commencing the Work, shall furnish and file
with CITY a bond, or bonds, in a form satisfactory to the CITY, in the sum of one
hundred percent (1 00%) of the compensation amount stated in Section 3 of this
Agreement conditioned upon the faithful performance of this Agreement and a bond, or
bonds, in a form satisfactory to the CITY, in the sum of one hundred percent (100%) of
the compensation amount stated in Section 3 of this Agreement conditioned upon the
payment of all labor and materials furnished in connection with this Agreement.
12. INSURANCE. CONTRACTOR shall not commence the Work until
CONTRACTOR has obtained all insurance required by the Contract Documents and
such insurance has been approved by CITY as to form, amount and carrier.
CONTRACTOR shall not allow any subcontractor to commence work on any
subcontract until all similar insurance required of the subcontractor have been obtained
and approved.
(a) Workers' Compensation. CONTRACTOR shall take out and maintain,
during the life of this Agreement, Worker's Compensation Insurance for all of
CONTRACTOR's employees employed at the Project site; and, if any work is sublet,
6
CONTRACTOR shall require the subcontractor similarly to provide Worker's
Compensation Insurance for all of the latter's employees, unless such employees are
covered by the protection afforded by CONTRACTOR. If any class of employees
engaged in Work under this Agreement at the Project site is not protected under any
Workers' Compensation law, CONTRACTOR shall provide and shall cause each
subcontractor to provide adequate insurance for the protection of employees not
otherwise protected. CONTRACTOR shall indemnify CITY for any damage resulting
from failure of either CONTRACTOR or any subcontractor to take out or maintain such
insurance.
(b) Comprehensive General Liability, Products/Completed Operations
Hazard, Comprehensive Automobile Liability and Contractual General Liability
Insurance. CONTRACTOR shall take out and maintain during the life of this Agreement
such comprehensive general liability, products/completed operations hazard,
comprehensive automobile liability and contractual general liability insurance as shall
protect CITY, its elective and appointive boards, officers, agents and employees,
CONTRACTOR, and any subcontractor performing work covered by this Agreement,
from claims for damage for personal injury, including death, as well as from claims for
property damage which may arise from CONTRACTOR's or any subcontractor's
operations under this Agreement, whether such operations be by CONTRACTOR or by
any subcontractor, or by anyone directly or indirectly employed by either
CONTRACTOR or any subcontractor, and the amounts of such insurance shall be as
follows:
(i) Public Liability Insurance in an amount of not less than ONE
MILLION DOLLARS ($1 ,000,000);
(ii) Products/Completed Operations Hazard Insurance in an amount of
not less than ONE MILLION DOLLARS ($1 ,000,000);
(iii) Comprehensive Automobile Liability Insurance in an amount of not
less than ONE MILLION DOLLARS ($1 ,000,000);
(iv) Contractual General Liability Insurance in an amount of not less
than ONE MILLION DOLLARS ($1 ,000,000).
A combined single limit policy with aggregate limits in an amount of not less than
TWO MILLION DOLLARS ($2,000,000) shall be considered equivalent to the
required minimum limits set forth hereinabove.
(c) Proof of Insurance. The insurance required by this Agreement shall be
with insurers which are Best A rated, and California Admitted or better. CITY shall be
named as "additional insured" on all policies required hereunder, and CONTRACTOR
shall furnish CITY, concurrently with the execution hereof, with satisfactory proof of
carriage of the insurance required, and adequate legal assurance that each carrier will
give CITY at least thirty (30) days' prior notice of the cancellation of any policy during
the effective period of this Agreement.
7
(d) Notice to Proceed. The CITY will not issue any notice authorizing
CONTRACTOR or any subcontractor to commence the Work under this Agreement until
CONTRACTOR has provided to the CITY the proof of insurance as required by this
Section 12.
13. LIQUIDATED DAMAGES. The parties agree that it would be impractical and
extremely difficult to fix the actual damages to the CITY in the event the Project is not
commenced and/or completed on or before the dates specified for commencement and
completion of the Project in the Contract Documents. The parties have considered the
facts of a breach of this Agreement and have agreed that the liquidated damages sum
hereinafter set forth is reasonable as liquidated damages in the event of a breach, and
that said sum shall be presumed to be the amount of the damages sustained by the
CITY in the event such work is not begun and/or completed and accepted by the times
so specified in the Contract Documents. The sum of ONE THOUSAND DOLLARS
($1 ,000.00) shall be presumed to be the amount of damages suffered by the CITY for
each day's delay in the starting and/or completion and acceptance of the Project after
the dates specified in the Contract Documents for the start and/or completion thereof,
and CONTRACTOR hereby agrees to pay said sum of ONE THOUSAND DOLLARS
($1 ,000.00) as liquidated damages for each day of delay in the starting and/or
completing and acceptance of said Project beyond the dates specified in the
CONTRACT DOCUMENTS. Any and all such liquidated damages assessed shall be
done in accordance with that certain edition of the Standard Specification for Public
Works Construction currently in effect on the execution date of this Agreement.
CONTRACTOR (All American Asphalt) CITY OF TEMPLE CITY
By __________________ __ By __________________ __
14. NOTICE OF COMPLETION. Upon completion of PROJECT and acceptance of
same by the City Council of the CITY, the City Manager of the CITY shall cause to be
recorded a Notice of Completion with the office of the Los Angeles County Recorder;
and, after thirty-five (35) days from the date said Notice of Completion is recorded, the
Director of Finance of CITY shall release the funds retained pursuant to Section 3
hereof; provided there have been no mechanics' liens or stop notices filed against the
Work which have not been paid, withdrawn or eliminated as liens against said work.
15. COMPLIANCE WITH LAWS. In performing the Work, CONTRACTOR must
comply with all applicable statutes, laws and regulations, including, but not limited to,
OSHA requirements and the Temple City Municipal Code. Contractor must, at
Contractor's sole expense, obtain all necessary permits and licenses required for the
Work, and give all necessary notices and pay all fees and taxes required by law,
including, without limitation, any business license tax imposed by City.
16. INDEPENDENT CONTRACTOR. CONTRACTOR is and will at all times remain
as to CITY a wholly independent contractor. Neither the CITY nor any of its officers,
8
employees, or agents will have control over the conduct of CONTRACTOR or any of
CONTRACTOR's officers, employees, agents or subcontractors, except as expressly
set forth in the Contract Documents. CONTRACTOR may not at any time or in any
manner represent that it or any of its officers, employees, agents, or subcontractors are
in any manner officers, employees, agents or subcontractors of CITY.
17. GENERAL PROVISIONS.
(a) Authority to Execute. Each Party represents and warrants that all
necessary action has been taken by such Party to authorize the undersigned to execute
this Agreement and to bind it to the performance of its obligations.
(b) Assignment. CONTRACTOR may not assign this Agreement without the
prior written consent of CITY, which consent may be withheld in the CITY's sole
discretion since the experience and qualifications of CONTRACTOR were material
considerations for this Agreement.
(c) Binding Effect. This Agreement is binding upon the heirs, executors,
administrators, successors and permitted assigns of the Parties.
(d) Integrated Agreement. This Agreement, including the Contract
Documents, is the entire, complete, final and exclusive expression of the Parties with
respect to the Work to be performed under this Agreement and supersedes all other
agreements or understandings, whether oral or written, between CONTRACTOR and
CITY prior to the execution of this Agreement.
(e) Modification of Agreement. No amendment to or modification of this
Agreement will be valid unless made in writing and approved by CONTRACTOR and by
the City Council or City Manager of CITY, as applicable. The Parties agree that this
requirement for written modifications cannot be waived and that any attempted waiver
will be void.
(f) Counterparts and Facsimile Signatures. This Agreement may be
executed in several counterparts, each of which will be deemed an original, and all of
which, when taken together, constitute one and the same instrument. Amendments to
this Agreement will be considered executed when the signature of a party is delivered
by facsimile transmission. Such facsimile signature will have the same effect as an
original signature.
(g) Waiver. Waiver by any Party of any term, condition, or covenant of this
Agreement will not constitute a waiver of any other term, condition, or covenant. Waiver
by any Party of any breach of the provisions of this Agreement will not constitute a
waiver of any other provision, or a waiver of any subsequent breach or violation of any
provision of this Agreement. Acceptance by City of any Work performed by
CONTRACTOR will not constitute a waiver of any of the provisions of this Agreement.
(h) Interpretation. This Agreement will be interpreted, construed and governed
according to the laws of the State of California. Each party has had the opportunity to
9
review this Agreement with legal counsel. The Agreement will be construed simply, as
a whole, and in accordance with its fair meaning. It will not be interpreted strictly for or
against either party.
(i) Severability. If any term, condition or covenant of this Agreement is
declared or determined by any court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions of this Agreement will not be affected and the
Agreement will be read and construed without the invalid, void or unenforceable
provision.
U) Attorneys' Fees. The prevailing party in any action to resolve a dispute
concerning this Agreement shall be entitled to have and recover from the losing party
the reasonable attorneys' fees and costs of such action.
(k) Venue. In the event of litigation between the parties, venue in state trial
courts will be in the County of Los Angeles. In the event of litigation in a U.S. District
Court, venue will be in the Central District of California, in Los Angeles.
(I) Notices. All written notices required or permitted to be given under this
Agreement will be deemed made when received by the other Party at its respective
address as follows:
To CITY:
To Contractor:
City ofTemple City
9701 Las Tunas Drive
Temple City, California 91780
Attention: _____ _
(Tel.)
(Fax)
All American Asphalt
400 E. 61h Street
Corona, CA 92878
Attention: ______ _
(Tel.)
(Fax)
Notice will be deemed effective on the date personally delivered or
transmitted by facsimile. If the notice is mailed, notice will be deemed
given three days after deposit of the same in the custody of the United
States Postal Service, postage prepaid, for first class delivery, or upon
delivery if using a major courier service with tracking capabilities.
Any Party may change its notice information by giving notice to the other
Party in compliance with this section.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on
the day of , 20_, by their respective officers duly
authorized in that behalf.
10
ATTEST:
Peggy Kuo, City Clerk
APPROVED AS TO FORM:
Eric S. Vail, City Attorney
II
CITY OF TEMPLE CITY, a Municipal
Corporation
by ________________ ~----
---------------' Mayor
ALL-AMERICAN ASPHALT, a California
corporation
by ______________________ _
by ______________________ _
~--.. ~ """'\w_...,,.....,CY'\
~o..~.J.:
V"'A
~-:I:t> ~b·-~ ~''-'~-en-~._.,.._,.,_
""
) ·.~\"S-n.
~~ .::)~ "\,. .. ~~\ {,
¥t1 ALL AMERICAN ASPHALT
P.O. BOX 2229
CORONA, CA 92878-2229
TO: D~ &\~\e C,~
u~ C:..\e-r'G-
"n.d\ '-"'"" '""""" '0rw c_
1:<."4'\, \:.:~, Ci>-"'Wi '!.6
RETURN REQUESTED
r·-
·;,-
n ,....._.
-,-;_;;>
~:_;.
_,
_..-
3: -~
--~ .,
= 1 --,
1
·o i
~-i _)
~--,
U1 -<
w -<
~
-f
~
0
:I: s m z
-f
OJ
I
I
1
l
'