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Home My WebLink AboutC24120 Pacific Asphalt Svcs - President's Plaza III / Slurry Seal & RepairCITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: Award Contract C24120 to Pacific Asphalt Services, Ontario, California, for the Presidents' Plaza III Parking Lot Slurry Seal and Repair. SUBMITTED BY: CONTRACTOR DATE: CONTENTS: Recommendation: Martin Alvarez, Senior Management Analyst Pacific Asphalt Services P.O. Box 1547 Ontario, CA 91762 September 22, 2005 Vicinity Map Attached Contract Agreement By Minute Motion: 1. Award Contract C24120 to Pacific Asphalt Services of Ontario, California, in the amount of $51,500.00, plus a 10% contingency to slurry seal and repair the Presidents' Plaza parking lot. 2. Appropriate $29,567 from the Presidents' Plaza III Parking Lot Reserve Fund, Discussion: The Presidents' Plaza III Business Improvement District was established in 2001 for a 5-year term and budget. The District is in its fifth and final year of the term. The renewal process for the district will begin in November of 2005. The District includes properties located on the south side of Highway 111 and on the north side of El Paseo, between Highway 74 and Sage Lane. The City collects an annual assessment from each property owner to pay for maintenance services such as landscaping, lighting and street sweeping. Included in each year's budget is a parking lot maintenance reserve of $5,000, and to date, the parking lot reserve fund balance is $29,567. These funds are sufficient to cover the required slurry seal and re -striping of the parking lot. An additional $21,933 is required Staff Report Parking Lot Slurry Seal/Repair C24120 Page 2 of 2 September 22, 2005 to complete a capital improvement to repair an 8,500 square foot area of the parking lot located south of the Palomino's building. These funds are available in the City's Parking Lot Resurfacing Account No. 110-4313-433.33-20. On August 12, 2005, staff advertised for sealed bids for this project. The bids included slurry sealing the entire parking lot and repairing an 8,500 square foot section of parking lot located south of the former Palomino's parking lot (see attached map). This section of parking lot has deteriorated to a point that replacement is necessary. On September 9, 2005, bids were opened. The following were the responders: Pacific Asphalt Services Ontario, California $51,500.00 S-2 Sealing and Striping, Inc. Palm Desert, California $56,717.00 Nelson Paving & Sealing, Inc. Beaumont, California $71,225.00 Therefore, staff recommends that City Council, by minute motion, authorize the Mayor to award Contract C24120 to Pacific Asphalt Service of Ontario, California, in the amount of $51,500.00, plus a 10% contingency. Submitted By: artin C.Alvarez Senior Management Analyst Approval: City Manager oa-111� Director of Finance /ma Department Head: 9444. ee Homer Croy ACM for Development Services G'VDevServicesV0artin AlvarezWord FilestPresPlazallf Parking Lot Re SeaMward to Pacific Asphalt doc CONTRACT NO. C24120 AGREEMENT PRESIDENTS' PLAZA III PARKING LOT SLURRY SEAL / REPAIR CONTRACT C24120 FISCAL YEAR 2005/2006 THIS AGREEMENT is made and entered into this 22nd day of September, 2005, by and between City of Palm Desert, California, hereafter called "Owner' and Pacific Asphalt Services hereinafter called "Contractor". WITNESSETH RECITALS: Contractor has submitted to Owner its Contractor's Proposal for the construction of Owner Project, PARKING LOT SEAL COAT / REPAIR FOR PRESIDENT'S PLAZA III, BUSINESS IMPROVEMENT DISTRICT, CONTRACT NO. C24120, in strict accordance with the Contract Documents identified below, Owner has accepted said Proposal. 2. Contractor states that it has re-examined its Contractor's Proposal 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 Proposal 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 Proposal; (e) The Bidder's Bond; (f) The Performance Bond; (g) The Payment Bond; (h) The General Conditions; (i) The Special Provisions; 0) The Standard Specifications as modified in other portions of the Contract Documents; (k) The Plans; (1) Addenda Nos. ; (m) The Determination of Prevailing Wage Rates for Public Work; (n) Any Change Orders issued; (o) Any additional or supplemental specifications, notices, instructions and drawings issued in accordance with the provisions of the Contract Documents. 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. CONTRACT NO. C24120 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 forty-five (45) calendar days from the Notice to Proceed date to the satisfaction of the Engineer. 3. Contractor agrees to indemnify, defend and save Owner 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. Attention is directed to the General Specifications pages 25-26 and 33-37, which specifications are made part of this Agreement as set forth in Agreement paragraph 1, above. Attention is directed to Section 6-9, "Liquidated Damages" of the Standard Specifications and is hereby amended to the substitute the "City of Palm Desert" in place of "Agency." Liquidated damages shall be $1000 dollars 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 Owner 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 Proposal as accepted by Owner, subject to such additions and deductions as may be made pursuant to the Contact Documents and applicable law. CONTRACT NO. C24120 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 referenced time frame may occur only for good cause following written approval of the City of Palm Desert. 7. 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 worker's 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. [Remainder of this page has intentionally been left blank. Signature blocks are contained on the next page] CONTRACTOR: BY: Signature to be notarized TITLE: OWNER: BY: Signature to be notarized TITLE: Mavor of Palm Desert, CA CA APPROVED AS TO CONTENT: HOMER CROY ASSISTANT CITY MANAGER FOR DEVELOPMENT SERVICES CONTRACT NO. C24120 ATTEST BY: TITLE: ATTEST BY: TITLE: Citv Clerk of Palm Desert„ APPROVED AS TO FORM: DAVID J. ERWIN, CITY ATTORNEY