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HomeMy WebLinkAboutC36690-A - 2018 Slurry Seal Project 751-18 CONTRACT NO. C36690 & C36690A STAFF REPORT CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT MEETING DATE: April 12, 2018 PREPARED BY: Ryan Gayler, Project Administrator i REQUEST: Award Contract No. C36690 for construction of the 2018 Slurry Seal Project to Roy Allan Slurry Seal, Inc., of Santa Fe Springs, California, in the amount of $1,730,599 (Project No. 751-18), and authorize the Mayor to execute a Reimbursement Agreement with the City of Indian Wells for the slurry seal of portions of Fred Waring Drive and Portola Avenue. Recommendation By Minute Motion: 1. Award Contract No. C36690 for construction of the 2018 Slurry Seal Project to Roy Allan Slurry Seal, Inc., of Santa Fe Springs, California, in the amount of $1,730,599 (Project No. 751-18); 2. Authorize the Mayor to execute the subject agreement; 3. Authorize the Mayor to execute a Reimbursement Agreement with the City of Indian Wells for the slurry seal of portions of Fred Waring Drive and Portola Avenue; and 4. Budget estimated revenue in the amount of $200,000 to the Measure "A" Fund. Funding is available for this project in Measure"A" Account No. 21 3431 1-4332000, Street Maintenance. Strategic Plan The proposed action will further the goals of the Strategic Plan by providing a high quality, cost-effective method of maintaining the transportation system. The slurry seal used to rehabilitate the streets uses rubber from recycled tires, reducing the use of non-renewable resources such as mined aggregates and fossil fuels. This furthers the City's goals related to Energy & Sustainability. April 12, 2018 - Staff Report Award Contract No. C36690 to Roy Allan Slurry Seal, Inc. (Project No. 751-18) Page 2 of 3 Background Analysis The 2018 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 areas to be slurried this year were selected based upon their need and the pavement condition index ranking. The project area includes major arterials Monterey Avenue, Washington Street, and portions of Cook Street, Fred Waring Drive, and Portola Avenue. The project will also slurry the streets in the Shepherd Lane vicinity as well as the neighborhood between Palm Desert Charter Middle School and Palm Desert High School (see the location map). The project is expected to commence late April and will conclude around the end of June. This project will be constructed during the spring months because slurry seal will not cure as quickly when temperatures get too high. The project was advertised and contractors were encouraged to submit bids. At the March 20, 2018, bid opening, five contractors submitted bids. The bid summary is below: Contractor Location Bid Amount Roy Allan Slurry Seal Santa Fe Springs, CA $1,730,599.00 Pavement Coatings Company Mira Loma, CA $1,858,800.00 Intermountain Slurry Seal Elk Grove, CA $1,885,000.00 All American Asphalt Corona, CA $1,896,984.88 American Asphalt South Fontana, CA $2,083,525.00 Roy Allan Slurry Seal, Inc., submitted the lowest responsive bid in the amount of $1,730,599. Staff reviewed the bid documents and all the required forms were submitted. The reimbursement agreement under consideration in this report deals only with Fred Waring Drive from Deep Canyon Road to Washington Street, and a small piece of Portola Avenue south of Grapevine Street. Both Fred Waring Drive and Portola Avenue have sections of the street that are within the City of Indian Wells. In order to have a uniform street appearance, staff is requesting that Council approve a reimbursement agreement allowing the slurry seal contractor to slurry the entire street and, at the conclusion of the project, have Indian Wells reimburse Palm Desert for the cost of the work performed in Indian Wells. The reimbursement agreement was approved by the Indian Wells City Council on March 15, 2018. The value of the work in Indian Wells is estimated at $200,000. April 12, 2018 - Staff Report Award Contract No. C36690 to Roy Allan Slurry Seal, Inc. (Project No. 751-18) Page 3 of 3 Fiscal Analysis The slurry seal contract is an on-going maintenance activity with no fiscal impact beyond the contract amount. Funding is available for this project in Measure "A" Account No. 21 3431 1-4332000, Street Maintenance. The work to be done under the reimbursement agreement will be paid for out of the same account, and when reimbursement is received, it will be returned to that Fund. LEGAL REVIEW DEPT. REVIEW FINANCIAL CITY MANAGER Approved as to Form REVIEW NSA Robert W. Hargreav T' othy . oiasson, P.E. `.I,.r t Moore Lauri Aylaian City Attorney ndepe er'E-Interim Director of Finance City Manager Director of Public Works CONTRACTOR: Roy Allan Slurry Seal, Inc. 11922 Bloomfield Avenue Santa Fe Springs, California 91752 ATTACHMENTS: Agreement and Bonds Contractor's Bid Location of Work Location Map Reimbursement Agreement CONTRACT NO. C36690 AGREEMENT THIS AGREEMENT is made and entered into this 12th day of April 2018, by and between City of Palm Desert, California; hereafter called "CITY," and Roy Allan Slurry Seal, Inc. hereinafter called "CONTRACTOR." WITNESSETH RECITALS: CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY Project, 1. 2018 SLURRY SEAL PROJECT, PROJECT NO. 751-18; CONTRACT NO. C36690, in strict accordance with the Contract Documents identified below, and CITY has accepted said Bid. 2. CONTRACTOR states that it has re-examined its CONTRACTOR'S Bid and found it to be correct, has ascertained that its Subcontractors are properly licensed and possess the requisite skill and forces, has examined the site and Contract in accordance with the Contract Documents for the money set forth in its Bid to be paid as provided in the Contract Documents. AGREEMENT: IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Contract Documents: The entire contract consists of the following: (a) The Agreement, (b) The Notice Inviting Bids, (c) The Instruction to Bidders, (d) The Contractor's Bid, (e) Public Works Contractor DIR Registration Certification, (f) Noncollusion Declaration, (g) The Bidder's Bond, (h) Performance Bond, (i) The Payment Bond, (j) The Iran Contracting Certification, (k) General Specifications, (I) The Special Provisions, (m) The Standard Specifications as modified in other portions of the Contract Documents, (n) The Plans, (o) Any Change Orders issued, (p) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents (q) The Determination of Prevailing Wage Rates for Public Works. All of said Documents presently in existence are by this reference incorporated herein as if here set forth in full and upon the proper issuance of their documents they shall likewise be deemed incorporated. 2. Contractor shall commence the work within ten calendar days after the date of the Notice to Proceed and will do all things necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents and will complete said work within 60 Calendar Days from the Notice to Proceed date to the satisfaction of the Engineer. CONTRACT NO. C36690 3. Contractor agrees to indemnify, defend and save CITY and its officers, agents and employees, and the Engineer harmless from: a Any and all liability, claims, damages, losses or injuries to any person or other entity, including injury to Contractor's employees, and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this Agreement, or which are caused or which are claimed to be caused by the negligent or intentional acts or omissions of Contractor, its subcontractors, its agents or employees, and, all expenses of investigating and defending against same, b. Any and all liability, claims, damages, losses or injuries to any and all contractors, subcontractors, material-men, laborers, or any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of the Agreement. c. Attention is directed to the General Specifications - Claims, Liability, and Indemnity Agreement/Hold Harmless sections, which specifications are made part of this Agreement as set forth in Agreement paragraph 1, above. d Attention is directed to Section 6-9, "Liquidated Damages" of the Standard Specifications and is hereby amended to substitute the "City of Palm Desert" in place of"Agency." Liquidated damages shall be$1,000.00 per calendar day of delay. 4. Should any litigation or arbitration be commenced between the parties concerning the works of improvements as referenced herein, the prevailing party in any such litigation, being the CITY or the Contractor, should be entitled to a reasonable sum for attorney's fees incurred in any such litigation relating to this Contract. 5. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6. Contractor shall be paid in the manner set forth in the Contract Documents the amount of its Bid as accepted by CITY, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicable law. Satisfactory Performance: The prime Contractor agrees to pay each Subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the prime Contractor receives from City of Palm Desert. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City of Palm Desert. Release of Retention: The prime Contractor agrees further to release retention payments to each Subcontractor within 30 days after the Subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above CONTRACT NO. C36690 referenced time frame may occur only for good cause following written approval of the City of Palm Desert. 7. 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 the California Public Contract Code. 8. Execution of the Agreement by the parties constitutes their agreement to abide by all applicable provisions of the California Labor Code; constitutes contractor's certification that he is aware of the provisions of said Code and will comply with them; and further constitutes Contractor's certification as follows: "I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." IN WITNESS WHEREOF the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement which shall be deemed an original on the date first above written. CONTRACTOR: BY: ATTEST BY: (Signature to be notarized) TITLE: TITLE: CITY: BY: ATTEST BY: TITLE: City Manager of Palm Desert, CA TITLE: City Clerk of Palm Desert, CA APPROVED AS TO CONTENT: APPROVED AS TO FORM: TIMOTHY R. JONASSON, P.E. ROBERT W. HARGREAVES INDEPENDENT INTERIM DIRECTOR CITY ATTORNEY OF PUBLIC WORKS CONTRACT NO. C36690 CONTRACTOR 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, , a 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 CONTRACT NO. C36690 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has awarded to Roy Allan Slurry Seal, Inc. hereinafter designated as the "Principal", a contract for: 2018 SLURRY SEAL PROJECT PROJECT NO. 751-18 CONTRACT NO. C36690 WHEREAS, said Principal is required under the terms of said contract to furnish a good and sufficient bond for the performance of said contract: NOW THEREFORE, WE, Roy Allan Slurry Seal, Inc. the Principal, and as Surety, are held and firmly bound unto the City of Palm Desert hereinafter called the City, in the penal sum of One Million Seven Hundred Thirty Thousand Five Hundred Ninety Nine and no/100 Dollars ($ 1,730,599 ), being 100% of the contract amount in lawful money of the United States of America for the payment of which sum well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, 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 an 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 the 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 a defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of the Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the CONTRACT NO. C36690 Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. Whenever the 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: a. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or b. 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 the 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. c. 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 the 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 obligation in the event of default by the Contractor. Surety shall not utilize the Contractor in completing the Project nor shall Surety accept a bid from the Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to the 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 to any such change extension of time, alteration or addition to the terms of the Contract Documents or to the Project. CONTRACT NO. C36690 IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named on this day of , 20 (Corporate Seal) Contractor/Principal By: Title: (Corporate Seal) Surety By: Attorney-in-Fact Signatures of those signing for the Contractor/Principal must be notarized and evidence of corporate authority attached. (Attach Attorney-in-Fact Certificate) Title: The rate of premium on this bond is $ per thousand. The total amount of premium charged: $ (The above must be filled in by corporate surety) Signatures of those signing for the Contractor/Principal and Surety must be notarized and evidence of corporate authority attached. A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto. IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: Surety Agent or Representative for service of process in y California if different than Surety Name: Name: Address: Address: City/State/Zip Code: City/State/Zip Code: Telephone No.: Telephone No.: NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. CONTRACT NO. C36690 SURETY ACKNOWLEDGEMENT 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 before me, 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 CONTRACT NO. C36690 PRINCIPAL ACKNOWLEDGEMENT 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 before me, 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 CONTRACT NO. C36690 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as "City") has awarded to Roy Allan Slurry Seal, Inc. (hereinafter designated as the "CONTRACTOR/PRINCIPAL"), an agreement dated April 12, 2018 described as follows: 2018 SLURRY SEAL PROJECT, PROJECT NUMBER 751-18, CONTRACT NO. C36690 (hereinafter referred to as the "Contract"); and WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said Contract, and pursuant to Section 9100 of the California Civil Code; 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, Roy Allan Slurry Seal, Inc. ,the undersigned CONTRACTOR, as Principal, and a corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Palm Desert and to any and all persons, companies or corporations entitled to file stop payment notices under Section 9100 of the California Civil Code, in the sum of One Million Seven Hundred Thirty Thousand Five Hundred Ninety Nine and no/100 Dollars ($1,730,599.00), said sum being not less than one hundred percent (100(3/0) of the total amount payable by the said City under the terms of the said Contract, for which payment 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 said CONTRACTOR, 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, implements, machinery or power used in, upon, for or about the performance of the Public Work contracted to be done, for any work or labor of any kind, or for bestowing skills or other necessary services thereon, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, 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 said CONTRACTOR and his or its Subcontractors pursuant to Revenue and Taxation Code Section 18663 with respect to such work and labor the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum herein above CONTRACT NO. C36690 specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorney's fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in the Civil Code Section 9100 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 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 the original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that the claimant is a person described in the Civil Code Section 9100, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, 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 . PRINCIPAVCONTRACTOR: SURETY: (Typed Name of Principal/Contractor) (Typed Name of Surety) By: By: (Signature) (Signature of Attorney-in-Fact) (Signature to be Notarized) (Signature to be Notarized) (Typed Name and Title) (Typed Name of Attorney-in-Fact) The rate of premium on this bond is $ per thousand. The total amount of premium charged: $ (The above must be filled in by corporate surety) CONTRACT NO. C36690 IMPORTANT: Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in Section 105 of the California Insurance Code, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, it must also appear on the Treasury Department's most current list (Circular 570 as amended). Signatures of those signing for the Principal/Contractor and Surety must be notarized and evidence of corporate authority attached. A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: Agent or Representative for service of Surety process in California if different than Surety Name: Name: Address: Address: City/State/Zip Code: City/State/Zip Code: Telephone No.: Telephone No.: CONTRACT NO. C36690 SURETY 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. County of ) On before me, 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 CONTRACT NO. C36690 PRINCIPAL 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 before me, 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 C — CONTRACTOR'S BID 2018 SLURRY SEAL PROJECT PROJECT NO. 751-18 CONTRACT NO. C36690 TO: CITY OF PALM DESERT, "CITY" DATE: Wl°1/1 BIDDER: Sc sr ,Seal (Inc - "CONTRACTOR" The UNDERSIGNED, "CONTRACTOR", having carefully examined the site and the Contract Documents for the construction of, 2018 SLURRY SEAL PROJECT, PROJECT NO. 751-18, CONTRACT NO. C36690, hereby proposes to construct the work in accordance with the Contract Documents, including Addenda No(s). for the amount stated in this Bid. By submitting this Bid, the Contractor agrees with the City: 1. That unless withdrawn in person by CONTRACTOR or some person authorized in writing by CONTRACTOR before the time specified in the Notice Inviting Bids for the public opening of bids, this Bid constitutes an irrevocable offer for 60 calendar days after that date. 2. The CITY has the right to reject any or all Bids and to waive any irregularities or informalities contained in a Bid. 3. That the contract shall be awarded only by the governing body of CITY. Said contract shall only be deemed awarded after the CONTRACTOR'S complete submission of all contract documents, bonds, insurance documentation, and the CITY shall obtain all necessary signatures of the governing body, at which time the contract shall be deemed awarded. 4. To submit to CITY such information as CITY may require to determine the Bidder's financial standing experience and to perform the work. 5. That the accompanying cash, certified or cashier's check or Bid Bond constitutes a guarantee that if awarded the contract, CONTRACTOR will execute the Agreement and deliver the required bonds and certificates of insurance within 10 days after notice of award. If CONTRACTOR fails to execute and deliver said documents, the cash, check or Bid Bond is to be charged with the costs of the resultant damages to CITY, including but not limited to publication costs, the difference in money between the amount bid and the amount in excess of the bid which costs CITY to do or cause to be done the work involved, lease and rental costs, additional salaries and overhead, increased interest and costs of funding the project, attorney expense, additional engineering and architectural expense C-1 and cost of maintaining or construction alternate facilities occasioned by the failure to execute and deliver said documents. 6. It is understood that the quantities shown hereon, except for those quantities marked "Lump Sum", are estimates and the final payment will be based upon the actual work performed, subject to such adjustment and alterations as elsewhere provided herein. 1. Mobilization LS 1 $ $ 2 Traffic Control LS 1 trt $ /r00,00 cqSC0,cp 3 Rubberized Crack Seal/HMA LS 1 $ $ crack fill for all streets except a0060 1/-13rOa°,o() Fred Waring Drive _ 4 Rubberized Crack Seal/HMA LS 1 $ $ crack fill for Fred Waring Drive 31f060.0 0 ect.,000.00 5 Type II Rubberized Slurry Seal SF 8,500,000 $ $ (REAS, TRMSS, RPMS, or .1S(. Itig .00 approved equal) / 6 Signing and Striping for all streets LS 1 $ $ except Fred Waring Drive 208 g62.00 LogI862..0J 7 Signing and Striping for LS $ Fred Waring Drive ,'w-w 0v 173o SRq.o d C-2 The costs of any work shown or required in the Plans and Specifications, but not specifically identified as a Pay Item are included in the related Pay Item(s), and no additional compensation shall be due CONTRACTOR by virtue of CONTRACTOR'S compliance with the Plans and Specifications. TOTAL AMOUNT BASE BID IN FIGURES $ 1)730iSCIR,c O TOTAL AMOUNT BASE BID IN WORDS O''r e_ U 0 Se. iv II uvj`n°ol IN WITNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on Page C-1: By: Signature (must be notarized) Title: U 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, 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 signatures(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 C-3 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 Orange ) On \ \(,a,ln 1c1 IA before me, Ann-Marie Allan, Notary Public (insert name and title of the officer) personally appeared Lawrence Allan who proved to me on the basis of satisfactory evidence to be the persona whose name() 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/herftheir 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. ) •; ' ANN•MARIE ALLAN I z isz j.E�, COMM,#2114210 C) � NOTARY PUBLIC.CALIFORNIA z 1 ORANGE COUNTY My Comm,Exp,Jul,3,2019 Signature \A O q.D .A (Seal) D — INFORMATION REQUIRED OF BIDDER TO ACCOMPANY BID The bidder is required to supply the following information. Additional sheets may be attached if necessary. Additional information may be required of the successful bidder. (1) Company Name A\\c -., Z‘uo y-Li , Lv (2) Address V 122 '&k(Y)vvn'C1`Q,\ P Sam - SeY,k y, C. W1'70 (3) Telephone No. j E,2 - 8(01- ? (4) Type of Firm (Individual, Partnership or Corporation) C--Orpovt,k-ivh (5) Corporation organized under the laws of the State of CBS i farv\k (6) Contractor's License No. 2':i °L Exp. Date (4/30A°( (7) Department of Industrial Relations Contractor Registration number: I(XkJOO1I“=, (8) Email Address of Contractor's DIR Contact (Y1ine_ue_fre raSLn,rrf., cow, (9) DIR Classifications re{-�i \ qlt j LTAA pa Lk,\ „,t,v,+- (10) Have you or any of your sub-contractors been debarred: Yes No XI If yes, provide additional information on a separate sheet. (11) List the names and addresses of all owners of the firm or names and titles of all officers of the corporation: (Use separate sheet if necessary.) W.Z. MCA" 1dVA4— (12) List at least three similar projects (on-going or recently completed): A 1. 2. !i ----- ---------------- 3. D-1 (13) Pursuant to California Public Contracting Code, Section 4100 et Seq., the following list gives the name, business address, the DIR Public Works Contractor Registration number, portion of work (description of work to be done) for each subcontractor that will be used in the work if the bidder is awarded the Contract, (Additional supporting data may be attached to this page. Each page shall be sequentially numbered, and headed "Proposed Contractors" and shall be signed.) The Bidder shall list all subcontractors who will perform work or labor or render service to the prime contractor in excess of one-half of one percent of the prime's bid. Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent or $10,000, whichever is greater. Failure to include the subcontractor's DIR registration number may result in the bid being rejected as non-responsive. Subcontractor's Name: CA" Si r`pe_, License Number: CAS 3v ? DIR Contractor Registration No. 10xxx01100 Business Address: 20'-(O . S-+ee_A . Col'for, a . R 232_4 Telephone: 010Cf - R u 4{ -?11O DIR email address: a I(��r..CJ t�Iyrr,p� • Or% DIR Classifications: etvrht i`N j 147 Work Description: pi"j l 'fr1t.vLA Percent of Work: H% Subcontractor's Name: J License Number: DIR Contractor Registration No. Business Address: Telephone: DIR email address: DIR Classifications: Work Description: Percent of Work: Subcontractor's Name: License Number: DIR Contractor Registration No. Business Address: Telephone: DIR email address: DIR Classifications: Work Description: Percent of Work: (14) List the name of the person from your firm who inspected the site of the proposed work: ‘)e,Ar vrd' D-2 (15) A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the City. (16) Contractor hereby swears under penalty of perjury that this information provided is true and correct. Title: L)I e 1Jv'e_S i ll, � Contractor's Signature D-3 E — PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION Pursuant to Labor Code sections 1725.5 and 1771.11, all contractors and subcontractors that wish to bid on, be listed in a bid proposal or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.qov/Public-Works.html for additional information. No bid will be accepted nor any contract entered into without proof of the Contractor's and Subcontractor's current registration with the Department of Industrial Relations to perform public work. Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations. NAME OF BIDDER: VcyjiA��� S`►# rt1 Se_,„I. .l,r,�. DIR REGISTRATION NUMBER: 1()000O115 ' DIR REGISTRATION NUMBER EXPIRATION DATE: ro/30/1 g DIR CERTIFIED PAYROLL EMAIL ADDRESS: Bidder further acknowledges: 1. Bidder shall maintain a current DIR registration for the duration of the project. 2. Bidder shall include the requirements of Labor Code Sections 1725.5and 1771.1 in its contract with any and all subcontractors and ensure that all subcontractors are registered at the time of the bid opening and maintain registration status for the duration of the project. 3. Failure to submit this form or comply with any of the above requirements may result in the bid being deemed non-responsive. 4. Within five days of award, Contractor will provide to the City all Labor Classifications that will be employed during the project, sorted by Contractor or subcontractor. Name of Firm: ' x,1 A\tc - S\ikrr1 ,So.c \ c- Signature: A Printed Name: Lw M\c(h Title: V e;f i Dated: 3/IC3lA E-1 F - NONCOLLUSION DECLARATION To be Executed by Bidder and Submitted with Bid The undersigned declares: c- I am the 0iCe Q Q ve.s'i , ?r of oc ��1�,.,S�,rv7 t X, the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on the l9-" day of (1 b . k 20 j, at , i rka.-t) a . City State CONTRACTOR By: Signature Title: t C.2 `' 1 4 r F-1 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 Orange ) On Mad) niD,0154, before me, Ann-Marie Allan, Notary Public (insert name and title of the officer) personally appeared Lawrence Allan who proved to me on the basis of satisfactory evidence to be the person(ewhose nameW is/are• subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/heritheir authorized capacity(ies), and that by his/hefitheir signature(s)on the instrument the person(}, 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 myhand and official seal. .«-• � ,. �, ANN•MARIEALLAN y -e comet,#2114210 c� c� r2 NOTARY PU9LIC.CALIFORNIA z ,7 ORANGE COUNTY "^�^^ My Comm,Ezp,Jul,3,2019 Signature OJLV'C)CUi. C _t- (Seal) G-BIDDER'S BOND To Accompany Bid KNOW ALL MEN BY THESE PRESENTS, That we, Roy Allan Slurry Seal,Inc. as principal, and Contractors Bonding and Insurance Company as surety, are held and firmly bound unto the City of Palm Desert in the sum of$l'7S,OS9. 10 (10% of bid) to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the certain bid of the above bounden principal to perform certain work described as follows: 2018 SLURRY SEAL PROJECT PROJECT NO. 751-18 CONTRACT NO. C36690 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 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, and dated March 20,2018 is accepted by the City of Palm Desert, and if the above bounden principal Roy Allan Slurry Seal,Inc. shall duly enter into and execute a contract for such construction, and shall execute and deliver the Performance Bond and Payment Bond and insurance certificates as required by said contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. Should it become necessary for the City to institute a lawsuit, or any other legal proceeding to enforce the terms and conditions of this bond, then all costs of said proceeding, including attorney's fees, shall be awarded to the prevailing party. [Remainder of this page has intentionally been left blank. Signature blocks are contained on the next page] G-1 IN WITNESS WHEREOF, We hereunto set our Hands and Seals this 15th day of_ March 20 18 Contractor's Name: Roy Allan Slurry Seal, Inc. Contractor's Signature: drkAXA---OA..-_ aa (Signature must be notarized) Title:_k)kGe_ ( fp ► (/ Address: 11922 Bloomfield Ave.,Santa Fe Springs,CA 90670 Telephone: (562)864-3363 Surety's Name: Contractors Bonding and Insurance Company Surety's Signature: tgnature must be notarized) Title: Matthew J.Coats,Attorney-in-Fact Address: 111 Pacifica,Suite 350, Irvine,CA 92618 Telephone:_ (949)341-9110 G-2 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 Orange ) On March \� �01 before me, Ann-Marie Allan, Notary Public (insert name and title of the officer) personally appeared -awrence Allan who proved to me on the basis of satisfactory evidence to be the person*'whose name(s5 is/are- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herithheir authorized capacity(e ), and that by his/her4t reir signature(s)on the instrument the person(*, or the entity upon behalf of which the persona) 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. MARIEALLAN 'v COMM.#2114210 G) co` � ` �' B .CALA ORANGE LIC COUNTY • My Comm.Exp.Jul.3,2019 NOTARYPU Signature6, ‘(no,\k, lOu (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 `:£,�ct• t;:`.a;.l^v x,x1?-`..trz.x.. 1: 1?a^,.� iC:"v.S.t./.S,n/ .k`.C` .t :.C ,&. ,:::: ,cam'.`...:..StrZS.`.1;t5(1iz a>;'.:' `.^f.. s�.. ..,ut t ' 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 Orange ) On MAR 1 5 2018 before me, Summer L. Reyes,Notary Public Date Here Insert Name and Title of the Officer personally appeared Matthew J.Coats Name(s)of Signer(s) 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. SUMMER L. REYES 06 ti Notary Public-California WITNESS my hand and official seal. z Orange County i z \ r Commission #2158864 >-• ) � `�` " M Comm.Expires Jul 29,2020 Signature (.' � 1 - �-_ '' ''''' "� Signatu(�of Notary Public • Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — E Limited ❑General ❑ Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: .h+-E+?,,,,,- ic,,. Cti,4s ;.- .-,rv" ' ^f✓ytii e cs+t .<L=:.4 %f ;s.JC.,,,,,,,:..L •,:'C''�,.<.;?-!4,.,,,w 4;:‘,'c f..,,,,;;F....+v:,,,,,.;-,,<. ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 RLI® chic POWER OF ATTORNEY an RLI Company RLI Insurance Company 9025 N.Lindbergh Dr.I Peoria,IL 61615 Contractors Bonding and Insurance Company Phone:(800)645-2402I Fax:(309)689-2036 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company,required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company,each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make,constitute and appoint: Linda D.Coats,Matthew J.Coats,Summer Reyes,jointly or severally in the City of Laguna Hills , State of California ,as Attorney in Fact,with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings,and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000.00 )for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. • RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation,and now in force,to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings,Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company,as applicable,have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 5th day of July,2017. JP "E o RLI Insurance Company A.N o C O g0.•4•op7�R4 F n ` \.•CO•••• oap •0/3,�i•0yy Contractors Bonding and Insurance Company Y. • Al•• 23 SEAL SEAL .• State of Illinois ° , Barton W.Davis Vice President SS �4iNo5 /CCLNO‘S,o• County of Peoria CERTIFICATE On this 5th day of July 2017 , I, the undersigned officer of RLI Insurance Company, and/or before me, a Notary Public, personally appeared Barton W. Davis Contractors Bonding and Insurance Company, each Illinois who being by me duly sworn,acknowledged that he signed the above Power corporations, do hereby certify that the attached Power of Attorney is of Attorney as the aforesaid officer of the RLI Insurance Company and/or in full force and effect and is irrevocable; and furthermore, that the Contractors Bonding and Insurance Company, and acknowledged said Resolution of the Company as set forth in the Power of Attorney, is instrument to be the voluntary act and deed of said corporation. now in force. In testimony whereof,I have hereunto set my hand and the seal of the RLI Insurance Com an and/or Co trac��,pors Bonding and Insurance Company this /6 day of (1. .t-k , o2OL '. ��lu RLI Insurance Company Gretchen L.Johnigk Notary Public Contractors onr in//g and Ins ranee Company G � GRETCHEN L JOHNIGK rrc v? Barton W.Davis Vice President ,,,a„�; "OFFICIAL SEAL" STATE o, MyCommission Ex TATEOF Aires �®' May 26.2020 0475404020212 A0059115 Q g n n z 0 » 0 D oZ 3 `< _, * .< N = -. '< D 3 o a 11 E ƒ X -, < « $ d q @ m _@ §_ @ O. _ @ -0 » E CD D / o m E Cl) 0 2 � CD c 3 \. Cl)al 0 0 @ CA D m @ 91-Q ET § co » - _ § 7 = -,I. w 7J 7J n E CO o � I ou 0 0 ca _cn k m a 0 2 0 U CD 0? m o « w CD CD CJ N ƒ 0 C d = cn 7 "".D. / O m / 0 0 E A o k ? - « O - 0 9 n * 1 9 m 5 a' » ® a_ o o 9 2 (D CD c \' O n U cn Q. m m 0 n m n / CO q n $ . 3 11) § Q 3 CO @ n) D . o CD co ' o q ¢ (0co 7O \ / co • k o 7 0 k ? COC N CO ƒ 6) co q co i % o o c 9 7 0 6 w - @ 2 Z % - 0) - % q m Q k k -4 � - - A CO 0 % co (0 D 8 -4 % -Ioo o N 0 0 0 w o b w 0 ,_ ® 01 0 CO 0 a ® q o o R S R R EA EA D (31 k � a) CD 0 71 Z - ƒ 2 k z I- D o IQ 0) Q -I -I 0 0 0 NJ 0 > 0 Cl) o 0 m0 m0 n n ma > v ' � ' � � N � � � m wo o 5 0 0) 0 00 0 0 0) o z _ n E 0 0 0 sv v < -- 0 cn o �' 3 0 cn 0 D cn E cn ( a) c 0 soCD cn Q `< O Q Cn a CD CD Ccn DD Cl) Cl) CD iV CD - m a) - El) v - Cl) CD Co cn cn Cl) Cl) n pc a a 0 -a Z 0 o c n- v sv D 0 0 v m CD a n 0 0 cn m 0 n- Cl) a CD CD v Q al NJ 0 -x 13 CO I- N cn N -< A x N > 11) N o NN.) v AO o CoCl) CD 0 v 5 0 0 OD 0• ITl Cn 'o '+: p K w cn 0 N 73 -,- v < �' v v s) r � o mm (� CI) n o m con 0 v c) Cl) 5 cn cn — (1) v v - v - 0 0 v v CO co c CO cQ 0 m C� o ID - ai _a m � m m Q 0 0 C) � C� 0 v m coJ (D N fn a CD _. CD Cl) o m w D CO CO D v n a rn cx)OD 0 w * (0 .) 0 - v N v CO A v N) CO CO CC)CD O CA) CA) O y A x 09 O O O A Co O CO CCOO v N 01 00) W mZ A A OD U1 N.) � U1 0 0 O 2,1 - J �1 j -.I v CA) 01 — co CD O CO -a 01 A -, N N Ca) 0 O 0) CA) EA fig -EA 1A -EA EA -EA N > n W 01 O ? N 0 0 Z A C0 w CA) Co _. A O -1 N _a -a) Cn -4 CO Z D N.) A CD N.) CO a) -I 0 O O O O O O O O O CD 0 O CD 0 ffl fA EA EA fA ffl O.) A -. 0 0) CO 3 TI A 0) A A A OD O Z 0) 0) co O OCA) OO Z I N A CO A 0 co -1 O O 0 O O O 0 Cr 0 0 0 0 EXHIBIT "A" - LOCATION OF WORK Dinah Shore Drive — from Key Largo to Monterey Avenue (WB lanes only) Miriam Way— entire street Monterey Avenue — from Northern City Limit to Highway 111 (NB lanes only from Dinah Shore to +/- Parkview) Cook Street— from Hovley Lane East to Fred Waring Drive Washington Street— from Northern City Limit to Fred Waring Drive (SB lanes only) Hovley Lane East— Portola Avenue to +/- Via Cinta Magnesia Falls Drive — entire street Deep Canyon Road — from Magnesia Falls Drive to Highway 111 Parkview Drive — entire street (WB lanes only from San Juan to CL of Channel) Fred Waring Drive — from Deep Canyon Road to Washington Street Haystack Road — entire street Portola Avenue — from Mockingbird Trail to Mesa View Shepherd Lane — entire street (two segments) Scholar Lane West— entire street Scholar Lane East— entire street Windflower Court— entire street Julie Lane — entire street Jeri Lane — entire street Encore Lane — entire street Cosmopolitan Lane— entire street Anastacia Lane — entire street Portola Pointe Lane — entire street Academy Lane East— entire street Imperial Court West— entire street Imperial Court East— entire street Kingston Court West— entire street Kingston Court East— entire street Petunia Place West— entire street Petunia Place East— entire street Chinook Circle — entire street Chinook Circle East— entire street Kokopelli Circle — entire street Kokopelli Circle East— entire street College View Circle West— entire street College View Circle East— entire street Alpine Lane — entire street University Pointe Court— entire street Daisy Lane — entire street Pele Place — entire street Drexel) Drive — entire street Woodward Drive — entire street Colebridge Street— entire street Jameson Road — entire street Emerson Drive — entire street Heatherwood Drive — entire street Driscoll Street— entire street Willington Road — entire street Hollister Drive — entire street Hemingway Court— entire street Dempsey Drive — entire street Maryn Court — entire street Freedom Court— entire street Carlotta Drive — entire street Easy street— entire street Dolmar Court— entire street Duval Court— entire street Sandcastle Lane — entire street Rutledge Way— from Portola to Magnesia Falls Drive Santolina Drive — entire street Buttonwood Drive — entire street Balsam Lane — entire street Silktree Lane — entire street Gazania Place — entire street Myrsine Avenue — entire street Desert Star Boulevard — entire street Palmilla Circle — entire street Primrose Drive — entire street Vanda Circle — entire street Erin Street— entire street Velardo Drive — entire street Aster Drive — entire street Marigold Drive — entire street Florine Avenue — entire street Moss Rose Drive — entire street Daylily Circle — entire street Waterlily Circle — entire street Coral Bells Circle — entire street Strawflower Circle — entire street Lavender Way— entire street Columbine Drive — entire street Amaryllis Way— entire street Larkspur Lane — from El Paseo to Shadow Mountain 1 .•. Ii ` • ' ,• _ • • A I e '. ' $ c:rY . .•t a r, s-41, .. • --- ,61.44.).„.p, I . -- k - -- —- p t'. z • 1,. t om-.,.,.--‘...k._ig.i,'i. az •!. �,, ,s ,-a +i 'S19 7i" t,_a;1 ...u.._ fox. -:.`. ,_. 'ow.er ...:c'::i 6'''::1LF'1 i Vi.."--.1. 4 ',—.1—i:::-.7.A..7 5.7-;:lt.;.‘"; ',11f4.::"r„-.....P.,...7 ...1 •,....4 „ , • r,......i..;,. 1.44,.... ,,,,,,,i i,^j7,1:kO VLE Y`LN WT _ .1 :;. �.,�;a" I .ram=E""'-'�ii # '-�•�.. i -- �7 .,.. L'it . _.. ,, E:. frl „5,.."2 . !"mow •: a' .1 ti" rlt c .` • - 2 = ' .. '. ,. i ii f.xI. 1 '' t"f.=,—Rar,rG :.-` r.. r.. ,z,'...: .I:, ,.. :; n\ ., tt. aaka view_E3-•:- = 6' 'i -... y :dlAq ' '-.. . ‘ - —,— r. °J [ �j y,.y� y� ° !7�{ y C[[��jj . :� �. Yam. , r ..W:4•,..-_ ,.y r '. 2:.ry. N ojyPTM� ` .. �- • - -� � '..i {iii�'ct::.. s'I!i,i= ::::s7i: i: � ,�. [ • k i4 ' ; .• .k rAra - '• •' 'cP' :i7•i7r!. •jas �, _ .4� . dt: _ � ' . 'a i �"4'w ' � -J �:. . y •- i�=iZ _' �—"+'. i'i:.:.� �,•�»M2 '•..�,.-. ._• : w : :i. , %3 V.� -• - . •�- , .. lr ,iE' fwRw • • : � L � t;1w{`s . u e ee aAa aa' a. •e Ws. ...xw,:. ' s,'- r i ...� o te�•• ;an v •• � ` ,• pa i �..yr . T ".i . S --� . ti oVrrvr 751-'18 ��� +1- 8,375,8'18 Sq Ft l�� �' - PALM DESERT(7,424,518 SD FT) z +0 - h,: �� INDIAN WELLS ( 951,300 SQ FT) _ A, �'ra aRMa.0 SCHOOLS FRED WARING - PD. 585,295 SQ FT J IW: 874,600 SQ FT VIC1NiTY MAP PORTOLA- PD. 449,843 SQ FT/ IW 76,700 SO FT CONTRACT NO. C36690A REIMBURSEMENT AGREEMENT BY AND BETWEEN CITY OF PALM DESERT AND CITY OF INDIAN WELLS FOR SLURRY SEAL OF FRED WARING DRIVE FROM DEEP CANYON ROAD TO WASHINGTON STREET AND PORTOLA AVENUE FROM MOCKINGBIRD TRAIL TO MESA VIEW DRIVE This REIMBURSEMENT AGREEMENT FOR SLURRY SEAL OF FRED WARING DRIVE FROM DEEP CANYON ROAD TO WASHINGTON STREET AND PORTOLA AVENUE FROM MOCKINGBIRD TRAIL TO MESA VIEW DRIVE ("Agreement") is entered into this day of ,2018 by and between the City of Palm Desert, a municipal corporation and charter city,referred to herein as"Palm Desert,"and the City of Indian Wells,a municipal corporation and charter city, referred to herein as"Indian Wells." Palm Desert and Indian Wells are sometimes hereinafter individually referred to as"Party"and/or collectively referred to as the"Parties". 1. RECITALS 1.1 WHEREAS, the Parties have cooperated on planning the construction of certain roadway improvements that provide benefits to the residents and the general motoring public on Fred Waring Drive from Deep Canyon Road to Washington Street and on Portola Avenue from Mockingbird Trail to Mesa View Drive. The roadway improvements consist of Crack Sealing, Applying Type II Rubberized Slurry Seal, and Striping, hereinafter referred to as "Project". The location of Project is shown in Exhibit"A", attached hereto and incorporated herein by this reference; 1.2 WHEREAS, the Project is within the jurisdictional boundaries of the Parties, as shown in Exhibit"A"; 1.3 WHEREAS,the Parties desire to cooperate and jointly participate in implementing and funding the Project; 1.4 WHEREAS, the Parties desire to have one agency take the lead role in the development and implementation of the Project,to coordinate the improvements, and to reduce overall costs; 1.5 WHEREAS, Palm Desert has been designated as the lead agency for the Project and Palm Desert will therefore provide the administrative,technical, managerial, and support services necessary to develop and implement the Project; and 1.6 WHEREAS, the Parties desire to define herein the terms and conditions under which said Project is to be administered, coordinated, constructed, managed, and financed. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter contained, the Parties agree as follows: Attachment #2 CONTRACT NO. C36690A 2. SCOPE OF AGREEMENT 2.1 Scope of Project, Public Bidding. The Parties hereby agree that construction of the Project will be publically bid to construction contractors and subcontractors(collectively referred to herein as "Contractors"), subject to invitations for bids and to specifications, and thus subject to all California laws governing public bidding for projects undertaken by cities. Palm Desert shall be the lead agency regarding the Project, shall advertise for bids, shall award all contracts for the Project and shall oversee and cause completion of all Project components. 2.2 Compliance with Law. The Project shall be paid for and constructed in accordance with all ordinances, resolutions, rules, regulations, and laws of Palm Desert to the extent they are consistent with state statutes and the ordinances, resolutions, rules, regulations and laws of Indian Wells. 2.3 Wage and Hour Compliance. Palm Desert shall require Contractors to comply with applicable federal, state, and local wage and hour laws for the Project including, without limitation, requirements for the payment of prevailing wages in accordance with the California Labor Code. 2.4 Licenses, Permits, Fees and Assessments. Palm Desert shall require Contractors to obtain such licenses, permits, and approvals as may be required by law for the performance of the Project, and Contractors shall be responsible to pay any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Project. 2.5 Insurance Requirements. Palm Desert shall include in the contract specifications and bid documents prepared under this Agreement a requirement that Contractors shall name Indian Wells as an "additional insured"on all liability insurance coverage required by Palm Desert, with a limit of no less than two million dollars ($2,000,000.00)per occurrence, and four million dollars($4,000,000.00) in aggregate. Palm Desert agrees to provide to Indian Wells a copy of the required insurance policy endorsement and the insurance certificate upon request within ten(10) days of the signing of the contract with the prime contractor("Contractor"). 3. PAYMENT OF COSTS 3.1 Cost. Indian Wells' share of the Project cost shall be limited to the quantities constructed within the city limits of Indian Wells. The Parties share of the Project cost shall be in accordance with the percentages for bid items shown on the Bid Schedule, and as shown in Exhibit"B", attached hereto and incorporated herein by this reference. Percentages for bid items numbered three (3), four(4), six(6), and seven (7) shall be based on those in Exhibit`B". Percentages for bid items one(1), two (2), and five(5) shown in Exhibit`B"are based upon estimates and actual percentages to be used for reimbursement shall be based upon quantities calculated in the field during construction. 3.2 Payment. Upon completion of the Project, Palm Desert shall present to Indian Wells an invoice certifying its cost incurred in completing the Project, and shall include copies of CONTRACT NO. C36690A the Contractor's invoices, evidence of payment, and such other information and records necessary to verify the cost of the Project. Within thirty(30)days of the receipt of the information provided pursuant to the above, and provided no amounts are disputed, Indian Wells shall pay to Palm Desert an amount equal to Indian Wells' actual percentage of Project costs. 3.3 Disputed Payment. Indian Wells shall submit any billing dispute in writing to Palm Desert within thirty(30) days after receipt of the invoice. The Parties shall endeavor to resolve any such dispute and thereby allow payment of the balance due, if any, within a reasonable period of time. 4. COORDINATION OF WORK 4.1 Representative of Contracting Party. The following are hereby designated as being the representatives of each Party, authorized to act on its behalf with respect to the Project specified herein and make all decisions in connection therewith: (a) For Palm Desert, Mr. Timothy R. Jonasson, P.E., Independent Interim Director of Public Works (b) For Indian Wells, Ken Seumalo, P.E., Director of Public Works The foregoing representatives shall be responsible during the term of this Agreement for directing all activities of their respective Party. For purposes of this Agreement, the foregoing representatives may not be changed without the approval of the other Party, which approval shall not be unreasonably withheld or denied. 4.2 Approvals. Approvals required by the Parties, or any officers, agents or employees thereof, shall not be unreasonably withheld and approval or disapproval shall be given within a reasonable time. 4.3 Mutual Cooperation; Further Actions and Instruments. The Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. 4.4 Independent Contractor. The Parties agree and intend that Palm Desert and Indian Wells are independent entities and do not intend by this Agreement to create any partnership,joint venture, or similar business arrangement, relationship or association between them, except as may be agreed to expressly by this Agreement. Each Party shall perform their services hereunder in an independent capacity and not as an employee or agent of the other Party. 5. INDEMNIFICATION. 5.1 Indemnification by Indian Wells. Indian Wells agrees to indemnify, defend and hold harmless Palm Desert, and its respective officials, officers, agents and employees from and against liability, expenses (including reasonable attorneys' fees), losses, suits and actions, and for damages relating to suits and actions (including bodily injury, death, personal injury, or property CONTRACT NO. C36690A damage) arising from Indian Wells's performance or failure to perform under this Agreement, except to the extent such liability, expenses, losses, and damages are caused by the negligence or willful misconduct of Palm Desert. 5.2 Indemnification by Palm Desert. Palm Desert agrees to indemnify, defend and hold harmless Indian Wells, and its respective officials, officers, agents and employees from and against liability, expenses (including reasonable attorneys' fees), losses, suits and actions, and for damages relating to suits and actions (including bodily injury, death, personal injury,or property damage)arising from Palm Desert's performance or failure to perform under this Agreement, except to the extent such liability, expenses, losses, and damages are caused by the negligence or willful misconduct of Indian Wells. 5.3 Indemnification from Contractor. Palm Desert shall require Contractors performing work for the Project to indemnify, defend, and hold harmless, to the maximum extent allowable by law, the Parties for that work performed on the Project by Contractors. 6. RECORDS AND REPORTS. 6.1 Records. The Parties shall keep such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the Project("Books and Records") for three(3) years following completion of the Project. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Parties shall have full and free access to such Books and Records of any other Party at all times during normal business hours, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. 6.2 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates,test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared for the Project(the "Documents and Materials") shall be the joint property of the Parties. The Parties shall be entitled to use or reuse such completed Documents and Materials for other projects and/or use uncompleted documents for any purpose. 7. ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and the Parties covenant and agree to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured Party shall notify the remaining Party in writing of its contentions by submitting a claim therefor. CONTRACT NO. C36690A Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action,and such compliance shall not be a waiver of a Party's right to take legal action in the event that the dispute is not cured. 7.3 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver. A Party's consent or approval of any act by the other Party requiring consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent act of said Party. Any waiver by a Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by any Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by another Party. 7.5 Legal Action. In addition to any other rights or remedies, a Party may take legal action, at law or at equity,to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.6 Attorneys'Fees. If a Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney's fees and all other costs of such action. 8. MISCELLANEOUS PROVISIONS 8.1 Notice. Any notice, demand, request, consent, approval, or communication a Party desires or is required to give to other Party shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. A Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated forty-eight(48) hours from the time of mailing if mailed as provided in this Section. To Indian Wells: City of Indian Wells Attention: Director of Public Works 44-950 Eldorado Drive Indian Wells, CA 92210 To Palm Desert: City of Palm Desert Attention: Director of Public Works 73510 Fred Waring Drive Palm Desert, CA 92260 CONTRACT NO. C36690A 8.2 Covenant Against Discrimination. The Parties covenant that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. The Parties shall take affirmative action to ensure employees and Contractors' employees and agents are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 8.3 Conflict of Interest. No officer or employee of the Parties shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his or her financial interest or the financial interest of any corporation, partnership or association in which he or she is, directly or indirectly, interested, in violation of any local or State statute or regulation. 8.4 Laws and Regulations. The Parties shall keep themselves fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the Parties performance of this Agreement. A Party shall not be liable for the other Party's violation of any laws or regulations in connection with this Agreement. If a Party identifies any conflict or possible conflict between its obligations hereunder and applicable laws, rules and regulations, that Party shall provide immediate notice to the other Party. 8.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against a Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 8.6 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 8.7 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 8.8 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. 8.9 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Parties. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 8.10 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, CONTRACT NO. C36690A phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives a Party of the basic benefit of their bargain or renders this Agreement meaningless. 8.11 No Third Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 8.12 Binding Effect. The terms of this Agreement shall inure to the benefit of, and shall be binding upon, the Parties and their respective successors and assigns. 8.13 Assignment. This Agreement is not assignable by either Party, in whole or in part, without the consent of the other Party in the form of a formal written amendment. 8.14 Authority. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that(i) such Party is duly organized and existing, (ii)they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii)by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and(iv)that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. [SIGNATURES ON FOLLOWING PAGE] CONTRACT NO. C36690A IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed as of the date first written above. CITY OF PALM DESERT CITY OF INDIAN WELLS By: B SABBY JONATHAN IM Y MU Mayor ATTEST: ATTEST: By: By: RACHELLE D.KLASSEN A GRANDY City Clerk City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: ROBERT W. HARGREAVES STEPHEN P.DEITSCH City Attorney City Attorney APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: By: By: L0•- TIMOTHY R.JONASSON, P.E. KEN SEUMALO, P.E. Independent Interim Director Director of Public Works of Public Works CONTRACT NO. C36690A IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed as of the date first written above. CITY OF PALM DESERT CITY OF INDIAN WELLS By: By: SABBY JONATHAN KIMBERLY MUZIK Mayor Mayor ATTEST: ATTEST: By: By: RACHELLE D.KLASSEN ANNA GRANDYS City Clerk City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: ROBERT W. HARGREAVES STEPH -N P. DEITSCH City Attorney City Attorney APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: By: By: TIMOTI IY R.JONASSON,P.E. KEN SEUMALO,P.E. 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' 4 --:,'.:. ..?"....: - • - .1.-.- - . ..,- '7' •",,-. . --:A4 -.. . • iav r , Y..!-.."!1)4,, 2018 SLURRY SEAL ; ,...... ' ,.. ..../.. 8,375 818 Sq Ft Ac a, \• i I Mill PALM DESERT(7,424518 SQ FT) .;t. ok *71111P .. 1*, i • A. 9, •-•-it -4 • INDIAN WELLS ( 951,300 SQ FT) A/ • .-.•,p\•',...:i:--4-- . ..41. .i. C Prpolig0 SCHOOLS ITY FRED WARING - PD. 585,295 SQ FT/ 1W: 874,600 SQ FT VICIN MAP PORTOLA- PD: 449,843 SQ FT/ IW: 76,700 SQ FT Exhibit B Project Cost Sharing EXHIBIT "B" PROJECT COST SHARING CITY OF CITY OF BID PALM INDIAN ITEM DESERT WELLS NO. BID ITEM DESCRIPTION SHARE SHARE *1 Mobilization 88.642% 11.358% *2 Traffic Control 88.642% 11.358% Rubberized Crack Seal for all Streets except Fred **3 Waring Drive 98.891% 1.109% ***4 Rubberized Crack Seal for Fred Waring Drive 40% 60% *5 Rubberized Slurry Seal (RPMS) 88.642% 11.358% **6 Striping for all Streets Except Fred Waring Drive 98.891% 1.109% ***7 Striping for Fred Waring Drive 40% 60% * These percentages are based upon estimates. Actual percentages to be used for reimbursement will be based upon quantities calculated in the field during construction. * Estimated Total SF of Slurry project 8,375,818 100% Estimated SF within Indian Wells 951,300 11.358% Estimated SF within Palm Desert 7,424,518 88.642% ** Total project SF except FW 6915923 100% Square footage in Indian Wells except FW 76700 1.109% Square footage in Palm Desert except FW 6839223 98.891% *** Total SF of Fred Waring 1459895 100% Square footage in Indian Wells on FW 874600 60% Square footage in Palm Desert on FW 585295 40%