HomeMy WebLinkAbout16 C38390 2020 Slurry Seal 751-20CONTRACT NO. C38390
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE: December 10, 2020
PREPARED BY: Ryan Gayler, Project Manager
REQUEST: Award Contract No. C38390 in the amount of $1,275,027 to
American Asphalt South, Inc. of Riverside, California for the 2020
Slurry Seal Project (Project No. 751-20).
___________________________________________________________________________
Recommendation
By Minute Motion:
1. Award Contract No. C38390, in the amount of $1,275,027 to
American Asphalt South, Inc. of Riverside, California, for the 2020
Slurry Seal Project;
2. Authorize the Director of Finance to set aside a 10% contingency in
the amount of $127,503;
3. Authorize the City Manager or designee to review and approve
written requests for the use of contingency for unanticipated
conditions, per Section 3.30.170 Section A of Ordinance No., 1335;
and
4. Authorize the Mayor to execute the Agreement.
Funds are available in Account No. 2134311-4332000, Measure “A” Street Maintenance,
and assessment district accounts designated for street maintenance.
Strategic Plan
The slurry seal project is a maintenance activity and does not contribute directly to the
objectives of the Strategic Plan.
Background Analysis
The 2020 Slurry Seal Project will use rubberized slurry seal to coat various streets within
Palm Desert. The rubberized slurry has an elastic quality that prolongs street life beyond
what is expected from conventional slurry. The project includes most of the residential
and collector streets south of Highway 111. The project is expected to commence late
January and will conclude around April. This project will be concluded during the late
spring months because slurry seal will not cure as well when temperatures get too high.
December 10, 2020 - Staff Report
Award Contract No. C38390 to American Asphalt South, Inc. (Project No. 751-20)
Page 2 of 2
The Project was advertised for bid and on November 24, 2020, six bids were received
electronically through the City's bid management portal with the following results:
� Contractor
I American Asphalt South, Inc.
� Pavement Coatings Company
� Roy Allan Slurry Seal, Inc.
VSS International, Inc.
All American Asphalt
Intermountain Slurry Seal, Inc
Location
Fonta�a, CA
I Jurupa Valley, CA
I Santa Fe Springs, CA
West Sacramento, CA
Corona, CA
Reno, NV
Bid Amount
$1,275,027.00 I
$1,388,750.00 �
$1,447,617.00 �
$1,532,120.00 �
$1,642,130.15 �
$1,737,737.00 �
The bid from American Asphalt South was reviewed and determined to be the lowest
responsive bid. All the required forms have been submitted.
Fiscal Analvsis
The slurry seal contract is an ongoing maintenance activity that is funded by Measure A
and respective assessment district accounts; therefore, there is no fiscal impact to the
general fund.
LEGAL REVIEW
N/A
DEPT. REVIEW
70sst �Q/iCCQ
FINANCIAL
REVIEW
�'e�wr�?'y%. ?�%o2e
Robert W. Hargreaves Tom Garcia, P.E. Janet M Moore
City Attomey Director of Public Works Director of Finance
Interim City Manager, Randy Bynder: iZG�f1Gi�� $y�2GL�P.Y
ASSISTANT
CITY MANAGER
Anct� f'ivestine
Andy Firestine
Assistant City Manager
CONTRACTOR: American Asphalt South, Inc.
19792 EI Rivino Road
Riverside, CA 92509 � :"��z� ����t; vCiT,A.�TtO'V
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ATTACHMENTS
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Original on File with City CI rk's Office
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CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. C38390 , is made and entered into this _10th_ day
of _December_, _2020_, by and between City of Palm Desert, a Charter City and municipal
corporation, organized under the laws of the State of California, with its principal place of business
at 73-510 Fred Waring Drive , Palm Desert, California 92260, sometimes hereinafter called the
“City” and __American Asphalt South, Inc.____, sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these
presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide
all labor, materials, equipment, tools, utility services, and transportation to complete all of the
Work required in strict compliance with the Contract Documents as specified in Article 5, below,
for the following Project:
2020 SLURRY SEAL PROJECT
PROJECT NO. 751-20
The general items of work to be done hereunder consist of mobilization; application of rubberized
crack seal material; installation of asphalt crack-fill material; application of rubberized slurry seal;
installation of thermoplastic striping, pavement markings, and pavement markers; and installation
of traffic control devices required during construction of the improvements and all appurtenant
work as required by the plans and specifications.
Contractor is an independent contractor and not an agent of the City. The Contractor and its
surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to
comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the
date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by
the Contract Documents within 75 calendar days from the commencement date stated in the
Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth
above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract,
subject to any additions or deductions as provided in the Contract Documents, and including all
applicable taxes and costs, the sum of ___One Million Two Hundred Seventy-five Thousand
Twenty-seven and no cents___ Dollars ($1,275,027.00). Payment shall be made as set forth in
the General Conditions. The City will pay to Contractor compensation based upon the prices set
forth in the Bid Schedule.
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ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day
completion of the Project is delayed beyond the Contract Time. Because of the nature of the
Project, it would be impracticable or extremely difficult to determine the City’s actual damages.
Accordingly, in accordance with Government Code section 53069.85, it is agreed that the
Contractor will pay the City the sum of $1,000.00 for each and every calendar day of delay beyond
the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages
and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may
deduct that amount from any money due or that may become due the Contractor under the
Contract. This Section does not exclude recovery of other damages specified in the Contract
Documents. Liquidated damages may be deducted from progress payments due Contractor,
Project retention or may be collected directly from Contractor, or from Contractor's surety. These
provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from
terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except
Sections 1-9
Standard Plans of the City of Palm Desert, latest edition
Standard Plans for Public Works Construction, latest edition
Caltrans Standard Specifications, latest edition, Except Division 1
Caltrans Standard Plans, latest edition
California Manual on Traffic Control Devices for Streets and Highways (CAMUTCD), latest
edition
Work Area Traffic Control Handbook, latest edition
Reference Specifications
Approved and fully executed Change Orders
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Permits
Any other documents contained in or incorporated into the Contract
The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the
Contract Documents and not by others shall be done as if required by all. In the event of conflict,
the various Contract Documents will be given effect in the order set forth in the General
Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be
deemed to be included in these Contract Documents. The Contractor shall comply with all
requirements of applicable federal, state and local laws, rules and regulations, including, but not
limited to, the provisions of the California Labor Code and California Public Contract Code which
are applicable to this Work.
ARTICLE 7. INDEMNIFICATION AND INSURANCE
Indemnification
To the fullest extent permitted by law, Contractor shall immediately defend (with
counsel of the City’s choosing), indemnify and hold harmless the City, its officials,
officers, agents, employees, and representatives, and each of them from and
against:
(a) Any and all claims, demands, causes of action, costs, expenses, injuries,
losses or liabilities, in law or in equity, of every kind or nature whatsoever, but
not limited to, injury to or death, including wrongful death, of any person, and
damages to or destruction of property of any person, arising out of, related to,
or in any manner directly or indirectly connected with the Work or this Contract,
including claims made by subcontractors for nonpayment, including without
limitation the payment of all consequential damages and attorney’s fees and
other related costs and expenses, however caused, regardless of whether the
allegations are false, fraudulent, or groundless, and regardless of any
negligence of the City or its officers, employees, or authorized volunteers
(including passive negligence), except the sole negligence or willful
misconduct or active negligence of the City or its officials, officers, employees,
or authorized volunteers;
(b) Contractor’s defense and indemnity obligation herein includes, but is not
limited to damages, fines, penalties, attorney’s fees and costs arising from
claims under the Americans with Disabilities Act (ADA) or other federal or state
disability access or discrimination laws arising from Contractor’s Work during
the course of construction of the improvements or after the Work is complete,
as the result of defects or negligence in Contractor’s construction of the
improvements;
(c) Any and all actions, proceedings, damages, costs, expenses, fines, penalties
or liabilities, in law or equity, of every kind or nature whatsoever, arising out
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of, resulting from, or on account of the violation of any governmental law or
regulation, compliance with which is the responsibility of Contractor;
(d) Any and all losses, expenses, damages (including damages to the Work
itself), attorney’s fees, and other costs, including all costs of defense which
any of them may incur with respect to the failure, neglect, or refusal of
Contractor to faithfully perform the Work and all of Contractor’s obligations
under Contract. Such costs, expenses, and damages shall include all costs,
including attorney’s fees, incurred by the indemnified parties in any lawsuit to
which they are a party.
Contractor shall immediately defend, at Contractor’s own cost, expense and risk,
with the counsel of the City choosing, any and all such aforesaid suits, actions or
other legal proceedings of every kind that may be brought or instituted against the
City, its officials, officers, agents, employees and representatives. Contractor shall
pay and satisfy any judgment, award or decree that may be rendered against the
City, its officials, officers, employees, agents, employees and representatives, in
any such suit, action or other legal proceeding. Contractor shall reimburse the City,
its officials, officers, agents, employees and representatives for any and all legal
expenses and costs incurred by each of them in connection therewith or in
enforcing the indemnity herein provided. The only limitations on this provision shall
be those imposed by Civil Code section 2782.
The provisions of this Article shall survive the termination of this Contract
howsoever caused, and no payment, partial payment, or acceptance of occupancy
in whole or part of the Work shall waive or release any of the provisions of this
Article.
Insurance
Without limiting Contractor’s indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during
the term of this Contract, policies of insurance of the type and amounts described
below and in a form that is satisfactory to City.
General Liability Insurance. Contractor shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office
form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000
general aggregate, for bodily injury, personal injury, and property damage, and a
$4,000,000 completed operations aggregate. The policy must include contractual
liability that has not been amended. Any endorsement restricting standard ISO
“insured contract” language will not be accepted.
Automobile Liability Insurance. Contractor shall maintain automobile insurance
at least as broad as Insurance Services Office form CA 00 01 covering bodily injury
and property damage for all activities of the Contractor arising out of or in
connection with Work to be performed under this Contract, including coverage for
any owned, hired, non-owned or rented vehicles, in an amount not less than
$1,000,000 combined single limit for each accident.
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Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella
or excess liability insurance in meeting insurance requirements. In such
circumstances, Contractor may obtain and maintain an umbrella or excess liability
insurance policy with limits that will provide bodily injury, personal injury and
property damage liability coverage at least as broad as the primary coverages set
forth above, including commercial general liability, automotive liability and
employer’s liability. Such policy or policies shall include the following terms and
conditions:
A drop down feature requiring the policy to respond in the event that any primary
insurance that would otherwise have applied proves to be uncollectible in whole or
in part for any reason;
(a) Pay on behalf of wording as opposed to reimbursement; and
(b) Concurrency of effective dates with primary policies; and
(c) Policies shall “follow form” to the underlying primary policies; and
(d) Insureds under primary policies shall also be insureds under the umbrella or
excess policies.
Workers’ Compensation Insurance. Contractor may maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance
(with limits of at least $1,000,000) for Contractor’s employees in accordance with
the laws of the State of California, Section 3700 of the Labor Code. In addition,
Contractor shall require each subcontractor to similarly maintain Workers’
Compensation Insurance and Employer’s Liability Insurance in accordance with
the laws of the State of California, Section 3700 for all of the subcontractor’s
employees. Contractor shall submit to City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of the City, its officers, agents,
employees and volunteers.
Pollution Liability Insurance. Environmental Impairment Liability
Insurance shall be written on a Contractor’s Pollution Liability form or other form
acceptable to the City providing coverage for liability arising out of sudden,
accidental and gradual pollution and remediation. The policy limit shall be no less
than $1,000,000 dollars per claim and in the aggregate. All activities contemplated
in this Contract shall be specifically scheduled on the policy as “covered
operations.” The policy shall provide coverage for the hauling of waste from the
Project site to the final disposal location, including non-owned disposal sites.
The named insureds shall be Contractor and City, including its officers, officials,
employees, and agents. All subcontractors (excluding those solely responsible for
design Work) of any tier and suppliers shall be included as additional insureds as
their interests may appear. Contractor shall not be required to maintain property
insurance for any portion of the Project following transfer of control thereof to City.
The policy shall contain a provision that all proceeds from the builder’s risk policy
shall be made payable to the City of Palm Desert. The City will act as a fiduciary
for all other interests in the Project.
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Policy shall be provided for replacement value on an "all risk" basis for the
completed value of the project. There shall be no coinsurance penalty or
provisional limit provision in any such policy. Policy must include: (1) coverage for
any ensuing loss from faulty workmanship, Nonconforming Work, omission or
deficiency in design or specifications; (2) coverage against machinery accidents
and operational testing; (3) coverage for removal of debris, and insuring the
buildings, structures, machinery, equipment, materials, facilities, fixtures and all
other properties constituting a part of the Project; (4) Ordinance or law coverage
for contingent rebuilding, demolition, and increased costs of construction; (5)
transit coverage (unless insured by the supplier or receiving contractor), with sub-
limits sufficient to insure the full replacement value of any key equipment item; (6)
Ocean marine cargo coverage insuring any Project materials or supplies, if
applicable; (7) coverage with sub-limits sufficient to insure the full replacement
value of any property or equipment stored either on or off the Site or any staging
area. Such insurance shall be on a form acceptable to City to ensure adequacy of
terms and sublimits and shall be submitted to the City prior to commencement of
construction.
Other Provisions or Requirements
Proof of Insurance. Contractor shall provide certificates of insurance to City as
evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers’ compensation. Insurance certificates and
endorsements must be approved by City’s Risk Manager prior to commencement
of performance. Current certification of insurance shall be kept on file with City at
all times during the term of this contract. City reserves the right to require complete,
certified copies of all required insurance policies, at any time.
Duration of Coverage. Contractor shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property,
which may arise from or in connection with the performance of the Work hereunder
by Contractor, its agents, representatives, employees or subcontractors.
Contractor must maintain general liability and umbrella or excess liability insurance
for as long as there is a statutory exposure to completed operations claims. The
City and its officers, officials, employees, and agents shall continue as additional
insureds under such policies.
Primary/Non-Contributing. Coverage provided by Contractor shall be primary and
any insurance or self-insurance procured or maintained by City shall not be
required to contribute with it. The limits of insurance required herein may be
satisfied by a combination of primary and umbrella or excess insurance. Any
umbrella or excess insurance shall contain or be endorsed to contain a provision
that such coverage shall also apply on a primary and non-contributory basis for the
benefit of City before the City’s own insurance or self-insurance shall be called
upon to protect it as a named insured.
Products/Completed Operations Coverage. Products/completed operations
coverage shall extend a minimum of three (3) years after project completion.
Coverage shall be included on behalf of the insured for covered claims arising out
of the actions of independent contractors. If the insured is using subcontractors,
the Policy must include work performed “by or on behalf” of the insured. Policy
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shall contain no language that would invalidate or remove the insurer’s duty to
defend or indemnify for claims or suits expressly excluded from coverage. Policy
shall specifically provide for a duty to defend on the part of the insurer. The City,
its officials, officers, agents, and employees, shall be included as additional
insureds under the Products and Completed Operations coverage.
City’s Rights of Enforcement. In the event any policy of insurance required under
this Contract does not comply with these requirements, or is canceled and not
replaced, City has the right, but not the duty, to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by
Contractor, or City will withhold amounts sufficient to pay premium from Contractor
payments. In the alternative, City may cancel this Contract.
Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance or is on the List of Approved Surplus Line Insurers in the
State of California, with an assigned policyholders’ Rating of A- (or higher) and
Financial Size Category Class VII (or larger) in accordance with the latest edition
of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk
Manager.
Waiver of Subrogation. All insurance coverage maintained or procured pursuant
to this agreement shall be endorsed to waive subrogation against the City, its
elected or appointed officers, agents, officials, employees and volunteers, or shall
specifically allow Contractor or others providing insurance evidence in compliance
with these specifications to waive their right of recovery prior to a loss. Contractor
hereby waives its own right of recovery against the City, its elected or appointed
officers, agents, officials, employees and volunteers and shall require similar
written express waivers and insurance clauses from each of its subcontractors.
Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Contractor
of non-compliance with any requirement imposes no additional obligations on the
City nor does it waive any rights hereunder.
Requirements Not Limiting. Requirements of specific coverage features or limits
contained in this Section are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any party or
insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any
type. If the Contractor maintains higher limits than the minimums shown above,
the City requires and shall be entitled to coverage for the higher limits maintained
by the Contractor. Any available insurance proceeds in excess of the specified
minimum limits of insurance and coverage shall be available to the City.
Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker
and insurers to provide to City with a thirty (30) day notice of cancellation (except
for nonpayment for which a ten (10) day notice is required) or nonrenewal of
coverage for each required coverage.
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Additional Insured Status. General liability, automobile liability, and if applicable,
pollution liability policies shall provide or be endorsed to provide that the City and
its officers, officials, employees, agents, and volunteers shall be additional
insureds under such policies. This provision shall also apply to any
excess/umbrella liability policies. Coverage shall be at least as broad as coverage
provided by ISO’s Owners, Lessees, or Contractors Additional Insured
Endorsement for the ongoing (i.e. ISO Form CG 20 10 07 04) and completed
operations (i.e. ISO Form CG 20 37 07 04) of Contractor.
Prohibition of Undisclosed Coverage Limitations. None of the coverages required
herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of
in writing.
Separation of Insureds. A severability of interests provision must apply for all
additional insureds ensuring that Contractor’s insurance shall apply separately to
each insured against whom claim is made or suit is brought, except with respect
to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability
exclusions.
Pass Through Clause. Contractor agrees to ensure that its sub-consultants, sub-
contractors, and any other party involved with the Project who is brought onto or
involved in the project by Contractor, provide the same minimum insurance
coverage and endorsements required of Contractor. Contractor agrees to monitor
and review all such coverage and assumes all responsibility for ensuring that such
coverage is provided in conformity with the requirements of this section. Contractor
agrees that upon request, all agreements with consultants, subcontractors, and
others engaged in the Project will be submitted to City for review.
City’s Right to Revise Requirements. The City or its Risk Manager reserves the
right at any time during the term of the contract to change the amounts and types
of insurance required by giving the Contractor ninety (90) days advance written
notice of such change. If such change results in substantial additional cost to the
Contractor, the City and Contractor may renegotiate Contractor’s compensation.
If the City reduces the insurance requirements, the change shall go into effect
immediately and require no advanced written notice.
Self -Insured Retentions. Any self-insured retentions must be declared to and
approved by City. City reserves the right to require that self -insured retentions be
eliminated, lowered, or replaced by a deductible. Self-insurance will not be
considered to comply with these specifications unless approved by City.
Timely Notice of Claims. Contractor shall give City prompt and timely notice of
claims made or suits instituted that arise out of or result from Contractor’s
performance under this Contract, and that involve or may involve coverage under
any of the required liability policies.
Additional Insurance. Contractor shall also procure and maintain, at its own cost
and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the Work.
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Safety. Contractor shall execute and maintain its work so as to avoid injury or
damage to any person or property. In carrying out its Services, the Contractor
shall at all times be in compliance with all applicable local, state and federal laws,
rules and regulations, and shall exercise all necessary precautions for the safety
of employees appropriate to the nature of the work and the conditions under which
the work is to be performed. Safety precautions, where applicable, shall include,
but shall not be limited to: (A) adequate life protection and lifesaving equipment
and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges,
gang planks, confined space procedures, trenching and shoring, equipment and
other safety devices, equipment and wearing apparel as are necessary or lawfully
required to prevent accidents or injuries; and (C) adequate facilities for the proper
inspection and maintenance of all safety measures.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor
Code which such rates shall be made available at the City’s Office or may be obtained online at
http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud
and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False
Claims Act, California Government Code sections 12650, et seq., provides for civil penalties
where a person knowingly submits a false claim to a public entity. These provisions include within
their scope false claims made with deliberate ignorance of the false information or in reckless
disregard of the truth or falsity of the information. In the event the City seeks to recover penalties
pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’
fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an
administrative debarment proceeding wherein Contractor may be prevented from further bidding
on public contracts for a period of up to five (5) years.
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IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on
the day and year above written.
CITY OF PALM DESERT
By:
Kathleen Kelly,Mayor
ATTEST:
By:
Grace L. Rocha,
Acting City Clerk
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
REVIEWED BY:
By:
Tom Garcia, P.E.
Department Head
AMERICAN ASPHALT SOUTH, INC.
By:
Jeff Petty, Vice President
By:
Lyle Stone, Secretary
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
(CONTRACTOR’S SIGNATURES MUST BE
NOTARIZED AND CORPORATE
SEAL AFFIXED, IF APPLICABLE)
END OF CONTRACT
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
[Type here]
2020 Slurry Seal Project, Project No. 751-20
72500.00001\32656428.1 -12- BOND FORMS
BOND FORMS
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert, a Charter City and municipal corporation, organized
under the laws of the State of California, with its principal place of business at 73-510 Fred Waring
Drive, Palm Desert, California 92260, (hereinafter referred to as the “City”) has awarded to
_American Asphalt South, Inc._, (hereinafter referred to as the “Contractor”) an agreement for
Contract No. C38390, (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the
Contract Documents for the Project dated _November 9, 2020_, (hereinafter referred to as
“Contract Documents”), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof
and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, _ American Asphalt South, Inc._, the undersigned Contractor and
________________________________________________ as Surety, a corporation organized
and duly authorized to transact business under the laws of the State of California, are held and
firmly bound unto the City in the sum of _ One Million Two Hundred Seventy-five Thousand
Twenty-seven and no cents _ DOLLARS, ($1,275,027.00), said sum being not less than one
hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee
of all materials and workmanship; and shall indemnify and save harmless the City, its officials,
officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then
this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore,
there shall be included costs and reasonable expenses and fees including reasonable attorney’s
fees, incurred by the City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by the City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship.
The obligations of Surety hereunder shall continue so long as any obligation of Contractor
remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under
[Type here]
2020 Slurry Seal Project, Project No. 751-20
72500.00001\32656428.1 -13- BOND FORMS
the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section
337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract
Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall
promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in
the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The term
“balance of the contract price” as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California
law and make available as work progresses sufficient funds to pay the cost of
completion of the Project, less the balance of the contract price, including other
costs and damages for which Surety may be liable. The term “balance of the
contract price” as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any
amount previously paid by the City to the Contractor and any other set offs
pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be
proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from
Contractor for completion of the Project if the City, when declaring the Contractor in default,
notifies Surety of the City’s objection to Contractor’s further participation in the completion of the
Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract Documents or to the Project to be performed
thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the Contract Documents
or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
[Type here]
2020 Slurry Seal Project, Project No. 751-20
72500.00001\32656428.1 -14- BOND FORMS
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in -Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium
charges is $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________
___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________
Representative for service of ___________________________________________
process in California, if different ___________________________________________
from above)
(Telephone number of Surety ___________________________________________
and Agent or Representative for
service of process in California)
[Type here]
2020 Slurry Seal Project, Project No. 751-20
72500.00001\32656428.1 -15- BOND FORMS
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
[Type here]
2020 Slurry Seal Project, Project No. 751-20
72500.00001\32656428.1 -16- BOND FORMS
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to
local representatives of the bonding company must also be attached.
END OF PERFORMANCE BOND
[Type here]
2020 Slurry Seal Project, Project No. 751-20
72500.00001\32656428.1 -17- BOND FORMS
Payment Bond (Labor and Materials).
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Desert, a Charter City and municipal corporation organized and
operating under the laws of the State of California (hereinafter designated as the “City”), by action
taken or a resolution passed _December 10, 2020_, has awarded to
_American Asphalt South, Inc._ hereinafter designated as the “Principal,” a contract for the work
described as follows: Contract No. C38390 (the “Project”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the
Contract Documents for the Project dated _November 9 2020_, (hereinafter referred to as
“Contract Documents”), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing
that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions,
provender, equipment, or other supplies used in, upon, for or about the performance of the work
contracted to be done, or for any work or labor done thereon of any kind, or for amounts due
under the Unemployment Insurance Code or for any amounts required to be deducted, withheld,
and paid over to the Employment Development Department from the wages of employees of said
Principal and its Subcontractors with respect to such work or labor the Surety on this bond will
pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held
and firmly bound unto the City in the penal sum of _ One Million Two Hundred Seventy-five
Thousand Twenty-seven and no cents _ Dollars ($1,275,027.00) lawful money of the United
States of America, for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors,
heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named
in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in,
upon, for or about the performance of the work contracted to be done, or for any work or labor
thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to
work or labor performed under the contract, or for any amounts required to be deducted, withheld,
and paid over to the Employment Development Department or Franchise Tax Board from the
wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation
Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the
same, in an amount not exceeding the sum herein above specified, and also, in case suit is
brought upon this bond, all litigation expenses incurred by the City in such suit, including
reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as
to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released
from the obligation of this bond by any change, extension of time for performance, addition,
alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining
or relating to any scheme or work of improvement herein above described, or pertaining or relating
[Type here]
2020 Slurry Seal Project, Project No. 751-20
72500.00001\32656428.1 -18- BOND FORMS
to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of
any terms of payment or extension of the time for any payment pertaining or relating to any
scheme or work of improvement herein above described, nor by any rescission or attempted
rescission or attempted rescission of the contract, agreement or bond, nor by any conditions
precedent or subsequent in the bond attempting to limit the right of recovery of claimants
otherwise entitled to recover under any such contract or agreement or under the bond, nor by any
fraud practiced by any person other than the claimant seeking to recover on the bond and that
this bond be construed most strongly against the Surety and in favor of all persons for whose
benefit such bond is given, and under no circumstances shall Surety be released from liability to
those for whose benefit such bond has been given, by reason of any breach of contract between
the owner or the City and original contractor or on the part of any obligee named in such bond,
but the sole conditions of recovery shall be that claimant is a person described in Civil Code
Section 9100, and has not been paid the full amount of his claim.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract to be performed thereunder, shall in any way
affect its obligations on this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of Contract, including but not limited to, the provisions
of Sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in -Fact Certificate) Title
[Type here]
2020 Slurry Seal Project, Project No. 751-20
72500.00001\32656428.1 -19- BOND FORMS
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
[Type here]
2020 Slurry Seal Project, Project No. 751-20
72500.00001\32656428.1 -20- BOND FORMS
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of -Attorney to local
representatives of the bonding company must also be attached.
END OF PAYMENT BOND
City of Palm Desert -
2020 Slurry Seal Project (20-28), 6ldding on November 24, 2020 2;00 PM (Pacifc)
Bid Results
Bidder Details
Vendor Name American Asphalt South, Inc,
Address 'f9792 EI Ri�ino Road
Ri�erside, CA 92509
United States
Respondee Lyle Stone
Respondee Title Corporate Secretary
Phone 909-027-8276 Ext.
Emai I lyles@americanasphaltsouth.com
VeedorType CAD1R
Llcense # 784969
CADIR 100QQQ0645
8id Detail
Bld Format Electronic �
Submitted November 24, 2020 72:10:40 PM (Pacific)
�elivery Method
8id Responslve
BEd Status Submitted
Conflrmatlan # 2355'I7
12anking Q
Respondee Comment
8uyer Comment
Attachments
Flle Title Fi�e Mame
General Attachment Palm Qesert 9id Proposal.pdf
Line Items
Type Item Cade UOM Qiy
Base Bid
1 Mobilization
9 LS 1
2 Traffic Control �
2 LS 1
3 Rubberized Crack Seal l Hi18A Crackfill �
3 L.S 1
4 Type II Ru66erized S[�rry Seal (RE4S, RPMS, or approved equal)
4 SF 6750000
5 Signing and Striping
5 LS 1
Unit Price
$48,825.00
$100,aoa.00
$251,577,00
$0.19
$132,125.00
5ubtotal
�
Page 1
Printed 11124l202Q
File Type
General Attachment
Line 7ota[ Commeat
$48,825.00
$100,000.00
$251,577,00
$742,500.00
$132,125.00
$1,275,027.00
PlanotSids, inc.
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MARRAKESH DR MARRAKESH DROLD PROSPECTOR TRL
CANDLEWOOD ST CANDLEWOOD ST
ABRONI
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RL
PINYON ST
IRONWOOD ST
JUNIPER ST
JOSHUA TREE STSAN PABLO AVEVISTA
DE
FLORES
T A NQUEDEA G U A RD VERBA SANTADR WOLDSTONETRLSTONE E A G L E D R
SOUTHRIDGETRL
B A J A DATRL
N O R THRIDGETRLS T O N E EAGLEDR
KAVANAUGHCT
TIERRA DEL ORO
SOUTH CLIFF RANCH RDALAMO DRMONTEREYAVEEL PASEOEL PASEO EL PASEO ELPASEOFAIRWAY DR F A I R W AY DRDEEP CANYON RDPORTOLAAVEPORTOLA AVEPORTOLA AVESHADOW MOUNTAIN DRSHADOW MOUNTAIN DR
SHADOW MOUNTAIN DRMESA VIEW DR
GRAPEV I N E ST
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A
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H A YSTA CK RD HA YSTA CK RDHAYSTACKRD
BU RSERA WAY BU RSERA WAY
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DESERTLILYDR
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IN
TE
R
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P
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ASEO
SHADOW MOUNTAIN DRPAINTERSPATH
HWY 74HWY 111 HWY 111 HWY 111
HWY 74SAN PABLO AVE751-20FRONTAGE RDWILLOW ST
BEL AIR RD
ALESSANDRO DR
AMIR DRSOMERA RD
CALLIANDRA STOCOTILLO DRPALM DESERT DR N
SILVER SPUR TRLB O X T H O R N LN SANLUISREYAVESILVER SPUR TRL
CALLIANDRA ST
PINYON ST
IRONWOOD ST
JUNIPER ST
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LARREA ST
AGAVE LN
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JOSHUA TREE ST
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RACQUET LNLARKSPUR LNPRAIRIE DRTORO PEAK RDBEVERLY DRCABRILLO AVEBUCKBOARD TRL
TAMARISK ST
SUN CORRAL TRLSH A DOW LAKEDR CHICORY ST
DESERTFLOW E R DR
DESERT ROSE DR
SALT CEDAR STGOLDEN ROD LNCOVERED WAGON TRL
PEPPER TREE DR
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SUND O W N LN
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AVEARCADIALNSANJACINTOAVELOMA VISTA LN
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DONLARSONLN
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AMBER ST
DESERTFLOWER
DR
WILLOW ST
MARRAKESH DR MARRAKESH DROLD PROSPECTOR TRL
CANDLEWOOD ST CANDLEWOOD ST
ABRONI
A T
RL
PINYON ST
IRONWOOD ST
JUNIPER ST
JOSHUA TREE STSAN PABLO AVEVISTA
DE
FLORES
T A NQUEDEA G U A RD VERBA SANTADR WOLDSTONETRLSTONE E A G L E D R
SOUTHRIDGETRL
B A J A DATRL
N O R THRIDGETRLS T O N E EAGLEDR
KAVANAUGHCT
TIERRA DEL ORO
SOUTH CLIFF RANCH RDALAMO DRMONTEREYAVEEL PASEOEL PASEO EL PASEO ELPASEOFAIRWAY DR F A I R W AY DRDEEP CANYON RDPORTOLAAVEPORTOLA AVEPORTOLA AVESHADOW MOUNTAIN DRSHADOW MOUNTAIN DR
SHADOW MOUNTAIN DRMESA VIEW DR
GRAPEV I N E ST
PITAHAY
A
S
T COOKSTP O R T O L A AVE P O R TOLAAVEM ESA VIEWDR
H A YSTA CK RD HA YSTA CK RDHAYSTACKRD
BU RSERA WAY BU RSERA WAY
GRAPEV I N E ST
DESERTLILYDR
DESERT LILY DREDGEHI
LLDREDGEHI
LLDRPI T A H A Y A STPA
IN
TE
R
S
P
A
T
H
E
L
P
ASEO
SHADOW MOUNTAIN DRPAINTERSPATH
HWY 74HWY 111 HWY 111 HWY 111
HWY 74SAN PABLO AVEI
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