HomeMy WebLinkAboutC32500 and A - 2013 Slurry Seal 751-13 Contract No. C32500
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C32500 FOR CONSTRUCTION OF
THE 2013 SLURRY SEAL PROJECT TO AMERICAN ASPHALT
SOUTH, INC., OF FONTANA, CALIFORNIA, IN THE AMOUNT OF
$1,092,700 (PROJECT NO. 751-13), AND AUTHORIZE THE
MAYOR TO EXECUTE A REIMBURSEMENT AGREEMENT WITH
THE CITY OF INDIAN WELLS FOR THE SLURRY SEAL OF
FRED WARING DRIVE BETWEEN DEEP CANYON ROAD AND
WASHINGTON STREET
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
CONTRACTOR: American Asphalt South, Inc.
14436 Santa Ana Avenue
Fontana, CA 92337
DATE: March 14, 2013
CONTENTS: Agreement and Bonds
Contractor's Proposal
Location of Work
Location Map
Reimbursement Agreement
Recommendation
By Minute Motion:
1. Award Contract No. C32500 for construction of the 2013 Slurry Seal
Project to American Asphalt South, Inc., of Fontana, California, in the
amount of$1,092,700 (Project No. 751-13);
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 Fred Waring Drive
between Deep Canyon Road and Washington Street; and
4. Budget estimated revenue in the amount of $204,600 to the General
Fund.
Staff Report
Award Contract C32500 to American Asphalt South, Inc. (Project 751-13)
March 14, 2013
Page 2 of 3
Funding is available for this project in General Fund Account No. 110-4311-433-3320,
Street Maintenance.
Backqround
The 2013 Slurry Seal Program 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 the streets within Section 29 in the north end of the City, Fred
Waring Drive between Deep Canyon Road and Washington Street, and the Palm
Desert Country Club neighborhood (see the location map). The project is expected to
commence on March 25 and will conclude by May 9. This project is being constructed
in the spring months because slurry seal will not properly cure when temperatures
exceed approximately one hundred five degrees Fahrenheit (105° F).
The project was advertised and contractors were encouraged to submit bids. At the
February 26, 2013, bid opening, six contractors submitted bids. The bid summary is
below:
Contractor Location Bid Amount
American Asphalt South, Inc. Fontana, CA $1,092,700
VSS International West Sacramento, CA $1,173,750
Roy Allan Slurry Seal Santa Fe Springs, CA $1,180,320
Intermountain Slurry Seal French Camp, CA $1,187,027
Pavement Coatings Company Mira Loma, CA $1,314,429
Doug Martin Contracting La Habra, CA $1,475,812
American Asphalt South, Inc., submitted the lowest responsive bid in the amount of
$1,092,700. The bid was approximately six percent lower than the engineer's estimate.
The reimbursement agreement under consideration in this report deals only with Fred
Waring Drive from Deep Canyon Road to Washington Street. On that span of Fred
Waring, some areas are fully within Palm Desert, some areas are fully within Indian
Wells, but most of the street is split evenly between Palm Desert and 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 will go
before the Indian Wells City Council on March 21, 2013. No work will be done in Indian
Wells until the Indian Wells City Council has approved the reimbursement agreement.
The value of the work in Indian Wells is estimated at $204,600.
Staff Report
Award Contract C32500 to American Asphalt South, Inc. (Project 751-13)
March 14, 2013
Page 3 of 3
Fiscal Analvsis
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 General Fund Account No.
110-4311-433-3320, 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 the General Fund.
Prepared By: Department Head:
Ry Gayle oject Administrator Mark Gre o , P.E.
Director of Public Works
CITY COUNCIL�ION
APPROVED DE1ViED
aul S. Gibson, Director of Finance RECEIVED 4TNER
roval: MEET G DATE 1� � �
AYES `i'�/� /17/
NOES:
ABSENT:
J hn M. Wohlmuth, City Manager ARSTAIN:
VERIF[F,D I3Y:
Original on Fite with City rk's Oftice
Contract No. C32500
AGREEMENT
THIS AGREEMENT is made and entered into this 14th day of March, 2013, by
and between City of Palm Desert, California, hereafter called "CITY" and American
Asphalt South, Inc. hereinafter called "CONTRACTOR".
WITNESSETH
RECITALS:
CONTRACTOR has submitted to CITY its Contractor's Bid for the construction of CITY
Project,
1. 2013 SLURRY SEAL PROJECT, PROJECT NO. 751-13, CONTRACT NO.
C32500, in strict accordance with the Contract Documents identified below, 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) The Bidder's Bond; (f) The Performance Bond; (g) The
Payment Bond; (h) The General Specifications; (i) The Special Provisions; Q)
The Standard Specifications as modified in other portions of the Contract
Documents; (k) The Plans; (I) Addenda Nos. n/a; (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.
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 30 Calendar Days from the Notice to Proceed
date to the satisfaction of the Engineer.
Contract No. C32500
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 AgreemenUHold 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
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 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.
Contract No. C32500
Release of Retention: The prime Contractor agrees further to release retention
payments to each Subcontractor within 30 days after the Subcontractor's work is
satisfactQrily 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.
CONTRACTOR:
BY: ATTEST BY:
Signature to be notarized
TITLE: TITLE:
CITY:
BY: ATTEST BY:
Signature to be notarized
TITLE: Mavor of Palm Desert, CA TITLE: City Clerk of Palm Desert, CA
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
MARK GREENWOOD, P.E. DAVID J. ERWIN
DIRECTOR OF PUBLIC WORKS CITY ATTORNEY
Contract No. C32500
CONTRACTOR ACKNOWLEDGMENT
State of California )
) SS.
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 (seal)
CITY ACKNOWLEDGMENT
State of California )
) SS.
County of Riverside )
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 (seal)
Contract No. C32500
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That whereas the City of Palm Desert has
awarded to American Asphalt South Inc.
hereinafter designated as the "Principal", a contract for:
2013 SLURRY SEAL PROJECT
PROJECT NO. 751-13
CONTRACT NO. C32500
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, American Asphalt South, 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 Ninety-Two Thousand Seven Hundred and no cents
Dollars ($1,092,700.00), 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 above bounded
Principal, his executors, heirs, administrators, and successors, or assigns, shall in all
things stand to and abide by, and well and truly keep and perForm the covenants and
agreements in the said contract and any alterations thereof made as therein provided,
on his or their part, to be kept and performed at the time and in the manner therein
specified, and in all respects according to their true intent and meaning, and shall
indemnify and save harmless the City, its officers and agents, as therein stipulated, then
this obligation shall become null and void; otherwise, it shall be and remain in full force
and virtue.
And the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to terms of the contract or to the work to
be performed thereunder or the specifications accompanying the same shall in any wise
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alterations or additions to the terms of the contract or to the work or
the specifications.
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 attorneys' fees, shall be awarded to the prevailing party.
Contract No. C32500
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 .
SURETY PRINCIPAL
BY: BY:
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
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 (Seal)
Contract No. C32500
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (sometimes referred to hereinafter as
"Obligee") has awarded to American Asphalt South, Inc. (hereinafter designated as the
"CONTRACTOR"), an agreement dated March 14, 2013 described as follows: 2013
SLURRY SEAL PROJECT, PROJECT NO. 751-13, CONTRACT NO. C32500,
(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;
NOW, THEREFORE, we, American Asphalt South, 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 Ninety-Two Thousand Seven
Hundred and no cents Dollars ($1,092,700.00), said sum being not less than one
hundred percent (100%) of the total amount payable by the said Obligee 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 heirs, executors, administrators, successors or assigns, or Subcontractors, shall 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,
or to pay any person 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 Emptoyment Development Department from the wages of
employees of said CONTRACTOR and his or its Subcontractors pursuant to Section
13020 of the Unemployment Insurance Code with respect to such work and labor as
required by the provisions of Section 9100 et seq. of the Civil Code, or for any amounts
required to be deducted, withheld, and paid over to the Franchise Tax Board or Internal
Revenue Service from the wages of employees of the CONTRACTOR or his or its
Subcontractors, the Surety or Sureties hereon will pay for the same in an amount not
exceeding the sum specified in this bond, otherwise the above obligation shall be void.
In addition to the provisions herein above, it is agreed that this bond will inure to the
benefit of any and all persons, companies and corporations entitled to serve stop
payment notices under Section 3181 of the Civil Code, so as to give a right of action to
them or their assigns in any suit brought upon this bond.
Contract No. C32500
The Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the said Contract or to the work to be
performed thereunder or the Specifications accompanying the same shall in any way
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Contract or to the
Specifications.
No final settlement between the Obligee and the CONTRACTOR hereunder shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
CONTRACTOR and Surety agree that if the Obligee is required to engage the services
of an attorney in connection with the enforcement of the bond, each shall pay Obligee's
reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
day of , 2013 .
PRINCIPAL/CONTRACTOR: SURETY:
(Typed Name of CONTRACTOR) (Typed Name of Surety)
By: By:
(Signature) (Signature of Attorney-in-Fact)
(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).
IMPORTANT: Surety companies executing bonds must possess a certificate of
authority from the California lnsurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California lnsurance 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:
(Name, Address and Telephone No. of Surety)
(Name, Address and Telephone No. of agent or representative for service of process in
California if different from above)
Contract No. C32500
Acknowledgment
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 (Seal)
C — CONTRACTOR'S BiD
2013 SLURRY SEAL PROJECT
PROJECT NO. 751-13
CONTRACT NO. C32500
TO: CITY OF PALM DESERT, °�
DATE: �O�'?'�^y ,�� ,�Gt/,3
� ,- _
BIDDER: _ �/�ICI"i1419 ,/J��l�.:�� .�i�IG "CONTRACTOR"
The UNDERSIGNED, °CONTRACTOR", having carefully examined the site and the
Contract Documents for the construction of, 2013 SLURRY SEAL PROJECT,
PROJECT NO. 751-13� CONTRACT NO. C32500, hereby proposes to construct the
work in accordance with the Contract Documents, inGuding Addenda No(s). for
the amount stated in this Bid.
By submitting this Bid, �ONTRACTOR agrees with CITY:
1. That unless withdrawn in person by CONTRACTOR or some person authorized
in writing by CONTRACTOR — not by telephone or telegram — before the time
specified in the Notice Inviting Bids for the public opening of bids, this Bid
constitutes an iRevocable offer for 60 calendar days after that date.
2. The CITY has the right to reject any or all Bids and fo waive any irregutarities or
informalities contained in a Bid.
3. That the contract shall be awarded only by the goveming body of CIN. 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 atl necessary signatures of the goveming 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 certified or cashiers check or Bid Bond constitutes a
guarantee that ff 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 check or bond is to be charged with the costs of the resultant
damages to CITY, including but not timited to pubiication 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,
additfonal salariss and overhead, increased interest and costs of funding the
project, attomey expense, additional engineering and architectural expense and
Page C-1
cost of maintaining or construction alternate faciiities occasioned by the failure to
execute and deliver said documents.
it is understood that the quantities shown hereon, except for those quantities marked
"Lump Sum", are estimates and the finat payment will be based upon the actual work
performed, subject to such adjustment and aiterations as elsewhere provided herein.
,;. <<
.. .y���y��F `•fi .6:-::.
� � �'�`?f�.�.�f.. �t•'3;;i'�.•..:`�' ,��;^=i<:tcg
k • ;J'F��'`,� � � ,; 3 ,�..:.�: Y.�,v,..
9 Mobilization LS 1
$a� 000.00�$� �..
2 Traffic Control LS 1
$ ao 46 taco.�
Rubberized Crack Seal for aH streets LS 1 $ $
3 except Fred Waring Drive
`fio tr��° �I�b oao.�
Rubberized Crack Seal �� LS 1 $ $
4 Fred Waring Drive
�� oo � �
Rubberized Siurry Seai {REAS, SF 5,950,000 $ $
5 TRMSS,�;P�or approved equal) b 3 ��3
Striping for ail streets LS 1 $ $
6 Except Fred Waring Drive �Q � �10 O°
7 Striping fo�Fred Waring Drive LS 1 $ D $70 �
$ $
$ $
$ $
$ $
TOTAL BID PRICE
� I �°I2 �00.o0
Page C-2
The costs of any work shown or required in the Plans and Specifications, but not
specificaqy identified as a Pay Item are included in the related Pay Item(s), and no
additional compensation shaN be due CONTRACTOR by virtue of CONTRACTOR'S
compliance with the Plans and Specificaqons.
TOTAL AMOUNT BASE BID IN FIGURES $ � _ (��I Z '`7�,"�[j ,p�
TOTAL AMOUNT BASE BID IN WORDS��, Ms\I�oh N�r►e�u-I�wO Ihot�ln)fl
SE�JE�1 !-1unp� Pa 11,�a�S ArJ t� Z��o C�Fy.YtS
IN WITNESS WHEREOF CONTRACTOR executed this Bid as of date set forth on
Page C-1:
By:
Signatu y hc
Title:
CONTRACTOR
State of Califomia )
. )
County of .�� /,3i�nwt�ne �
Subscribed and swom to (or affirmed)before me on this �'� day of r
------. (month), .�n�3 (year), bY� ,�t
, proved to me on the basis of tis�evidence to be the person(s)
who appeared before me.
Signature of Notary���� (Seal of Notary)
���RICHAR NTRIK I�
� COMIN.�'18SM81
►+or�v p�t�c•cw.�r►
o �►e�ur��
Page G3
D— INFORMATtON REQUIRED OF BIDDER
The bidder is required to supply the following ir�formation. Additional sheets may be
attached if necessary.
(1) Address ��y.'D �7�11� � J,�. ��i'w� !�� 9.�.�
(2) Telephone No. (l���.1�-�l.T�l
(3) Type of Firm (Individual, Partnership or Corporation) __ [.Or'�ln7;�r1
(4) Corporation organized under the laws of the State of ����Jq
(5) Contractor's License No. /��i�9 � Exp, Date ���D/�Gl/f/
Contracto� hereby swears under penalty of perjury that this information provided is true
and co�rect. �
BY� _ Title:_ .�ll��'
nature Contractor
(6) List the names and addresses of all owners of the firm or names and titles of all
officers of the corporation:
��.�N ���r✓'on - �i�r�'�i►n�
,�"�e�'��- 1�`�e 1�.�:�a,�
�u/ .1'�ih�'- J"c��y
(7) Number of years'experience as a Contractor in construction wo�lc ���
(8) List at least three simiiar projects compteted recen�y:
Contract Amount Class of Work Date Completed Name, Address 8�
Tele hone No. of Owner
1.
�e �� cd 1;s
2.
3.
Page D-1
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(9) Pursuant to California Public Contracting Code, Section 4900 et. Seq., the
following list gives the name business address, and portion of work (description
of work to be done) for each subcontractor that wilt be used in the work if the
bidder is awarded the Contract, (Addifional supporting data may be attached to
this page. Each page shall be sequentially numbered, and headed "Proposed
Contractors" and shaii be signed.) The Bidder shatl 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.
Subcontractor`s Name: ...� (� STItdPt f1c.� t N G.
License Number:__ 7�}�p 2(a(a
Business Address: P.C�. 3o x Z'i�'S C;EAUr�non� C'A �IZZ23
Teiephone: �5 I - ��'S- 2"1 g`�
Work Description_r''.�' �tPt n a Percent of Work• �� (r,
Subcontractor's Name:
License Number:
Business Address:
Tetephone:
Work Description: Per�cent of Work:
Subcontractor's Name:
License Number:
Business Address:
Telephone:
Woiic Description: Percent of Wo�lc:
:t4h !r/� �� � _
Name of Bidder Si ture of Bidder
(10) List the n me af the person who ins�t the site of the proposed work for your
firm / � �
(11} A financial statement or other i�ormation and references sufficiently
comprehensive to permit an appraisat of your cunent financia! condition may be
required by the City.
Page D-2
E — NONCOLLUSION DECLARATION
To be Executed by 6idder and Submttted with Bid
The undersigned deGares:
1 am the� of i���1"K��95�0/�.%�,� the
party making the foregoing b d. 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 coltusive 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 colfuded, 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
coriference 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. AI!
statements contained in the bid are true. The bidder has not, directly or indirecNy,
submitted his or her bid prive or any breakdown thereof, or the contents thereof, or
divulged information or data relative thereta, 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 wili 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 pery'ury under the laws of the State of Califomia that
the foregoing is true and correct and that this declaration is executed on
� � �� , 20/�at �11�ir4 ��
�
Cily g�
By:
Sign ture
Title: �h}�iry
CONTRACTOR
Page E-1
F— BtODER'S BCND
To A�company Bid
KNOW Al.�MEN BY THESE PRESENTS�
That we, American Asphaft South,i��. as prindpal,
811d The Guarentee Company ort ca �g gUry3�t� al'� h@kl and
firmly bound unto the City of Pelm Desert in the sum of$�o�of Tomi Amount eiQ1p°� of bidy
to be paid to the said City or ib certain attomey� its successors and assigns; for which
peyment, weli and truly to be made, we bind aurselves, our heirs, executors �nd
edmintstretors�auccessors or assigns,jotntiy and seve�slly,firmly by these presents.
THE CONDlTION OF THtS a8LI0ATION IS SUCH, that if the certain bid of the above
' bounden prir�cipal to perform ce�tafn work described as follows:
2013 SLURRY$EAL PROJECT
PROJECT NO. �51-43
CONTRACT NO. C32500
The qeneral items ofi+nrork ta be done hereundar consist of: mobilization; appiication of
rubberized crack seel material; appticetbn of tubbet�iaed slurry seal; inatallation flf
striping, pavement markings, and pavement markera; and 'msta�a�on af traffic control
devices required during construction of the lmprovements �nd eil appurtenant work es
roquired by the plans and specific��ons,
. and dated Febroary 28,20�3 is et�;epted by the City of P81m Desert,
and if the ebQv�bow�tden p�inci��l ���n Asphaft South,lnc. shell
duty enter inbo and execute a cantr�ct tor s�tch car�shuction, and shafl execute and
deliver the PerfoRnance Ba�d and Paymant Bond and Insurence c�rtiflc�as required
by said contrect, #�on this obligatt� shall �come �ull and void; oth�rwise it ahail be
and rem�n in fuil force and effect.
Shauld it beoome ne�ry f+or the City to instittutie a lawsutt, or �ny other legal
proceeding to enforce the tertr� �d condi�ons ofi this band. then �11 cost8 of said
proceeding, including attomey's fees.shali be awarded to tF►e prevailing party.
jRemafi�der of fhis pa�has fM+�ntionslJy beerr!eR blanl�
sign�terre btodcs ar�s cor,tained on ttie next pagel
� Page F�1
IN 1MTNE88 WHEREaF,W�hereunto set pur Hands�rtd 3eels this 14 day
Of February 2013 .
Contractor's N�me: American Asphak South.Inc.
(:OntreGtOrS$Igl'18tU1'B:
Titie' ��M�
��regg: 14436 Santa Ma Avenue,Fontana,CA 92337 .
Telephone: e°s-�Z�-s27s
��.g N�: The Guarantee Company of Nonh America USA
SUr�ety's Signature:
Ti�l@: Bacbara Beeny,Attomey-in-Fact
Address: ��0 Sutter Street,Suite 880,Concord,CA 84520
Telephone: {ess)3sa-s3�s
Acknowledgmen#
State of CaBfomia �
C:dN1�jf Of -�.�+!n Q<<•,o c e�..a )
Qn — �G so i before me,_����e�� ��..�,�_�✓,�,���T`
perscrtelly appearod �v/t S�o-,.�
who proved to me q�t the ba�s of
satlsfactory evident;e ta be the person(s)whose name(s)isl�er subscribed to ttre within
instrument and e�Cnowtedged to me that hels�e�t�g e�ae�cuted the same in hislbeN#peir
authorized caP�dty(ies), and that by hblb�be�tr sigrtat�e(s) on #he insttttment the
person(sI� ar the endky upon bshaif af wF�ich the perr�(s) �ted, executed the
instrument,
1 o�rtify under PENALTY OF PERJURY under the laws of the State cf California that the
foregaing paragraph is true and ca►Tect.
WITNE3S my ha�d and offi�ial seaf.
��
Signature��; ���
RD ENTRIKIN
Page F-2 COM!M #1661481
��av a��c-c�c�+oiw�
���
.
. • .
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKN4WLEDGMENT
State of California
County of Butie
On February 14, 2013 before me, Elizabeth Collodi, Notary Pubtic
(Here maen name and nde of tAe o�cer�
personally appearec� Barbara Beeny
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/sre subscribed to
the within instrument and acknowledged to me that#e/she/�executed the same in�is/hed�kei�authorized
capacity(ies),and that by�ie/her/t#�r 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 PER,iURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official eal. E����
��i1.�1878873
1
` ��w1,C
ot COIIMII.ExllY9��.�.�4
Signamre o lan Pubiic
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THtS FORM
Any acknowladgmsnt completed!n Ca/iforniu mxst contairo vsrbiagc exocrly as
DESCRI PTION OF THE ATTACHED DOCUMENT appsara abovs in the notary section or a stpawts act»ow/edgmem jorm mnsr J�e
properly cosiple/td and a/�oched to�hat documeni. The ontv excep�ion�s{f a
Bid Bond docunre�N fs to be neorded masrde oJCaij/'ornla./n sach rnuaness,arry oker►ranve
(Title or descriptiop of atuched document) Q��++onlsdgrnent verbloge as may be prfanG on sxch a document so/a+g as rhe
vsrbfagt daes not reqafn tM�mrary to do mmuhrng rha is illsga/jor a notaryln
Ameriean Asphalt South, �f1C. Ca!{jornfa(r.e.certjfying tla awtwrhtd caparity ojths slg»er).P/ease ehsck the
docwnxnt canjally�r prnper namld irording and a�tach thls fonn jrsqidreJ
(Titk m descri�ion of atteched document contin�ed)
Number of P es 2 Document Date 02/14/13 •State and Counry informadon must be the Stnte end County where the document
� ai�oer(s)persondly appwred belore dx notary pnblic for ecknowledgment
The Guarantee Com an of North America USA ��of noterintion must be the dsu that the signer(s)pawnely eppesred whicA
p Y must also be the seme dete the acknowledgmeat�s completed.
(Additional informetion) •The notary public must print his or her name as�t appears withm 6is w her
crommitsion Coltowod by a�mme end then your titk(notazy p�lic)
•Print the name(s)of document signens)who personally appear at the ume of
aourization.
CAPACfTY CLAIMED BY THE SIGNER •Indicate the coRect singular or plurel forms by crossing off incorrect farms(i.e.
[] Indlvidual(S) �Y.���)or cireling ihe corcect fornu.Failure to cortect{y indicate this
informtlion mey lad to ryection of document recording.
❑ Co1'pOrate OffiCCr •The notary seat impressioo must be clear end pAotoQnphfcally reproducible
Impressiom m�st not covet tpct or lines.If seal impreuion smudges,raseal if a
(T�Ue) su�cirnt aree permits,otherwise complete a diffcrent acknowledgmem form
� P���KS� •Signaturc of the notary public must match the signatun on fik with the omce of
the conory clerk
� Attomey-in-Fact •,-Additionet info�mation is not required but could help to ensure lhis
❑ Tnistee(s) uknowledgmeM ia not misused o�atUched to e ddferent 4ocumem
❑ Other '-�ndicate titk or type of attact►�document,number of pa�a and date
•.-Indicate the capecity clai�ed by the signer.If tlk claimed capauty is e
corporate officer,iediette Ide title�i.e.CEO.CFO,Secretary�.
•Securdy atmch ffiis document to the signed dacuma�t
2008 Version CAPA Q2,10.07 800-873-9865 www.NotaryClassea.com
. '
THE GUARANTEE COMPANY 4F NURTH AMERICA USA
Southfield,Michigan
POWER OF ATTORNEY
KNOW ALL BY THE3E PRESENT3:That THE GUARANTEE COMPANY OF NORTH AAAERICA USA,a corporetion organized and existing under the
laws of the State of Mfchigan,having its principal office in Southfield,Michigan,does hereby constitute snd appoint
Barbara Mldstokke,Renee Ramsey,l�lchard W.Pra11,John Hopkirts,E[iznbe!!r Collodt,Susan Lee,Bar�rra Beeny,
Nascy Luttenbacher,Phiilip O. Watkins,Keith T.Schuler
Interwest Insurnnce Services,Inc.
its true and lawful attomey(s)-fn-fact to execute, seal snd deliver for and on its behalf as surety, any and all bonds and undertakings, coniracts of
indemnity and other writings obligatory in the nature thereof,which are or may be aliowed,required or pertnitted by law,statute,rule,regulation,conVact
or otherwise.
The execution oi such instrurr�nt(s)in pursuence of these presents,shali be as bindirtg upon THE GUARANTEE COMPANY OF NORTH AMERiCA
USA as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by ita regularly elecled offlcers at the
principal office.
The Power of Attomey is execuled and may be ceRifled so,and may be revoked,pursuant to end by authority oi AAfcle IX,5ection 9.03 of the By-Laws
adopted by the Baard of Directors of THE GUARAN7EE COMPANY OF NORTH AMERICA USA at a meeting heid on tF�31"day of December,2003.
The President,or any�ce President,acting with any Secretary or Assiatant Secretary,shall have power and euthority:
1. To appoint Attomey(s}in-fact,and to aulhorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds
and undertakings,contracts of indemniiy and other wr�ings obligatory in the r►ature thereof;and
2. To revoke,at any tlme,any such Attomey-in-fact and revoke the authority given,except as provided bebw
3. In connection with abligatlons in favor of!he florida Department of Transportation only,$IB agreed that the power and authority hereby given
to ihe Attomey-in-Fact inGudes eny and all consents for the release of retained percentages and/or flnat esUmates on engineering and
construcNon contracts required by the State of Florida Department of Transportation. it is fully understood that consertting to the State of
Florida Department of Transportatbn making payment of the final estimate to the Contractor and/or its assignee,shali not relieve this surety
company of any of its obligations under its bond.
4. in conneclion with obligaUons in favor of tbe Kentudcy Department of Highways oniy,it is agreed that the power and authority hereby given lo
the Attomey-in-Fact cannot be modified or revoked unless prior written personal notioe of such intent has been given to the Commissioner—
Department oi Highways of ihe Commornvealth of Kentudcy at least thirty{30)days prior to the modification or revocaUon.
Further,this Power of Attomey is signed and sealed by facaimRe pursuant to resolutfon of ihe Board of Directors of the Comparry adopted at a meeting
duly called and heid on the Bth day of December 2011,of whicn the fotlowing is a true excerpt:
RESOLVED that the signature of any authorized officer and fhe seal of the Company may be aftixed by facsimile to any Power of Attomey or certifica�on
thereof authorizing the execution and delivery of any bond,undertaking,contracts oi indemnriy and other writings obligatory in the nature thereof,and
such sigrtature and seal when so used shal!have the same torce and etfect as ihough manualfy aifixed.
�"*�� IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AAAERICA USA has caused this instrument to be signed and
,p its oorporate seal to be affixed by its authorized officer,ihis 23rd day of February,2012.
� ,�T THE GUARANTEE COMPANY OF NORTH AMERICA USA
,�o�r /,/�/' `"`Y�
K
STATE OF MICHIGAN Stepl�en C.Ruschak,Vice P►esident Randall Musseiman,3acretary
County of Oakiand
On this 23rd day of February,2012 before me came the individuals who executed the precading instrumeni,to me persortally known,and being by me
duly swom,said ihat each is tt�e herein described and suthorized ofiioer ot The Guarantee Company of NoM America USA;that the seai aftixed to said
instrument is tbe Corporate Seal of said Company;that the Corporate Seal and each signaiure were duly affaed by order of the Boaro of Diredors of
Cynthia A. Taka+ IN WITNESS WHEREOF,i have hereunto set my hand at The Guarentee
Notary PubfiF State of Michigan Company of North Ame�ica USA oifices the day and year above wr}tten.
County of Oakland
, o w• My COmmissiOn Expires Febluary 27,2018 ��J �- �„ `f_ _
,�' Acting in Oakfand Courtty �-+�����
!,RandaU Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing Is a true
and correci capy ot a Power of Attomey executed by THE GUARANTEE COMPANY OF NORTH AMERiCA USA,which is sGa in fuN force and effect.
�rw*°�� IN WITNESS WHEREOF,I have thereunto set my hand and attached Ihe seal ot said Company this 14 day of Febn�y , 2013
� GQ -,
���� Randall Musaelmen,Secretary
LOCATION OF WORK
SECTION 29 AREA
Dinah Shore Drive —from Monterey Avenue to Portola Avenue
Portola Avenue —from Dinah Shore to Gerald Ford
Gateway Drive — Entire Street
A Street - Entire Street
Leilani Way— Entire Street
Spyder Circle — Entire Street
Dick Kelly Drive — Entire Street
Cortesia Way— Entire Street
Dolce Avenue — Entire Street
PALM DESERT COUNTRY CLUB AREA
Virginia Avenue — Entire Street
Faber Circle — Entire Street
Clifton Forge Street — Entire Street
New York Avenue — Entire Street
Alabama Street — Entire Street
Hawaii Circle — Entire Street
California Avenue — Entire Street
Florida Avenue — Entire Street
Tennessee Avenue — Entire Street
Georgia Street— Entire Street
Oklahoma Avenue — Entire Street
Alaska Street— Entire Street
1
Kentucky Avenue — Entire Street
Oregon Circle — Entire Street
Utah Circle — Entire Street
Kansas Street — Entire Street
Wisconsin Avenue — Entire Street
Connecticut Street— Entire Street
Indiana Avenue — Entire Street
Minnesota Avenue — Entire Street
lowa Street— Entire Street
Massachusetts Court— Entire Street
Louisiana Street— Entire Street
Ohio Court— Entire Street
Elkhorn Trail — Entire Street
Illinois Avenue — Entire Street
Missouri Drive — Entire Street
Rhode Island Court— Entire Street
Wyoming Avenue — Entire Street
Texas Avenue — Entire Street
Delaware Street— Entire Street
Warner Trail — Entire Street
Idaho Street— Entire Street
Avenue Of The States — Entire Street
York Street — Entire Street
Sussex Street— Entire Street
Devonshire Street— Entire Street
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Hastings Street— Entire Street
Brighton Street— Entire Street
Cardiff Street — Entire Street
Dudley Drive — Entire Street
Edinborough Street— Entire Street
Delaware Place — Entire Street
Latisha Lane — Entire Street
Mountain View— Entire Street
Robin Road — Entire Street
Fred Waring Drive —from west side of Deep Canyon to Washington Street
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REIMBURSEMENT AGREEMENT BY AND BETWEEN
CITY OF PALM DESERT AND
CITY OF INDIAN WELLS
FOR
SLURRY SEAL OF FRED WARING DRIVE
(Deep Canyon Road to Washington Street)
This Agreement is entered into this day of , 2013, by and
between the City of Palm Desert, a California municipal corporation ("PALM DESERT"),
and the City of Indian Wells, a California municipal corporation ("INDIAN WELLS").
PALM DESERT and INDIAN WELLS are sometimes hereinafter individually referred to
as "Party" and/or collectively referred to as the "Parties".
RECITALS
A. 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. The roadway
improvements consist of Crack Sealing, Applying 'fype 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.
B. The PROJECT is within the jurisdictional boundaries of both Parties, as shown in
Exhibit "A".
C. The Parties desire to cooperate and jointly participate in implementing and funding
the PROJECT.
D. 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.
E. 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.
F. The Parties desire to define herein the terms and conditions under which said
PROJECT is to be administered, coordinated, constructed, managed, and financed.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises contained herein, the
parties hereto agree as follows:
(1) PALM DESERT agrees to advertise, award, and administer a public works
contract for the construction of PROJECT in accordance with all applicable
federal, state or local statutes, ordinances, orders, governmental requirements,
laws or regulations, including but not limited to the local agency public
construction codes, California Labor Code, and California Public Contract Code.
This contract is not subject to the prevailing wage requirement of the California
Labor Code.
(2) PALM DESERT agrees to include in its contract specifications and bid
documents prepared under this agreement a requirement that all prime
contractors shall name INDIAN WELLS as "additionally insured" on all liability
insurance coverage required by PALM DESERT on each contract, with an
aggregate limit of no less than two million dollars ($2,000,000). PALM DESERT
agrees to provide to INDIAN WELLS a copy of the insurance certificate upon
request within 10 days of the signing of the contract with the prime contractor.
(3) INDIAN WELLS' share of the Project cost shall be limited to the quantities
constructed within the INDIAN WELLS city limits. Each 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
(4) Upon completion of the Project, PALM DESERT shall present to INDIAN WELLS
an invoice certifying its costs incurred in completing the work, and shall include
copies of the contractor's invoices, evidence of payment, and such other
information and records necessary to verify the cost of the work.
(5) Within thirty days of the receipt of the information provided pursuant to Section 4
above, and provided no amounts are disputed, INDIAN WELLS shall pay to
PALM DESERT an amount equal to INDIAN WELLS' percentage of the Project
construction costs.
(6) INDIAN WELLS shall submit and billing dispute in writing to PALM DESERT
within thirty (30) calendar 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.
(7) PALM DESERT agrees to keep all project contracts and records for a period of
not less than three years from the date notice of completion is filed by PALM
DESERT for the PROJECT. PALM DESERT also agrees that all such files and
records shall be made available to INDIAN WELLS and its designees upon its
reasonable request.
(8) All notices or other communications required or permitted hereunder shall be in
writing and shall be either personally delivered (which shall include delivery by
means of professional overnight courier service which confirms receipt in writing
[such as Federal Express or UPS]), sent by telecopier or facsimile ("FAX")
machine capable of confirming transmission and receipt, or sent by certified or
registered mail, return receipt requested, postage prepaid to the following parties
at the following addresses or numbers:
If to "Palm Desert": City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attention: Director of Public Works
Telephone: (760) 346-0611
FAX: (760) 341-7098
If to "Indian Wells": City of Indian Wells
44-950 Eldorado Drive
Indian Wells, CA 92210-7497
Attention: Public Works Director
Telephone: (760) 346-2489
FAX: (760) 346-0407
Notices sent in accordance with this section shall be deemed delivered upon the
next business day following the: (1) date of delivery as indicated on the written
confirmation of delivery (if sent by overnight courier services); (2) the date of the
actual receipt (if personally delivered by other means); (3) date of transmission (if
sent by telecopier or facsimile machine), or; (4) the date of delivery as indicated
on the return receipt (if sent by certified or registered mail, return receipt
requested). Notice of change of address shall be given by written notice in the
manner detailed in this paragraph.
(9) This Agreement contains the entire agreement between the parties, and is
intended by the parties to completely state the agreement in full. Any agreement
or representation respecting the matters dealt with herein or the duties of any
party in relation thereto, not expressly set forth in this agreement, is null and void.
(10) If any term, provision, condition, or covenant of this agreement, or the application
thereof to any party or circumstance, shall to any extent be held invalid or
unenforceable, the remainder of the instrument, or the application of such term,
provision, condition, or covenant to persons or circumstances other than those as
to whom it is held invalid or unenforceable, shall not be affected thereby and
each term and provision of this agreement shall be valid and enforceable to the
fullest extent permitted by law.
(11) This Agreement may be executed in one or more counterparts and when a
counterpart shall have been signed by each party hereto, each shall be deemed
an original, but all of which constitute one and the same instrument.
(12) The Parties, do hereby mutually agree to indemnify, defend, save, and hold
harmless the other and their respective officers, officials, agents, servants, and
employees, of and from any and all liabilities, claims, demands, debts, damages,
suits, actions and causes of action of whatsoever kind, nature, or sort, including,
but not by way of limitation, for wrongful death, and for the expenses of the
defense of said parties, and each of them, and the payment of attorneys fees in
any such action, arising out of, or in any manner connected with any act or
omission of such indemnifying party, done or performed in connection with such
parties duties and obligations hereunder.
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:
ROBERT A. SPIEGEL MARY T. ROCHE
Mayor Mayor
ATTEST: ATTEST:
By: By:
RACHELLE D. KLASSEN ANNA GRANDYS
City Clerk Chief Deputy City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
DAVID J. ERWIN STEPHEN P. DEITSCH
City Attorney City Attorney
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:
By: By:
MARK GREENWOOD, P.E. K. H. BELL
Director of Public Works Interim Public Works Director
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EXHIBIT "B"
PROJECT COST SHARING
CITY OF CITY OF
BID PALM INDIAN
ITEM DESERT WELLS
NO. BID ITEM DESCRIPTION SHARE SHARE
*1 Mobilization 85.30% 14.70%
*2 Traffic Control 85.30°/a 14.70%
Rubberized Crack Seal for all Streets except Fred
3 Waring Drive 100% 0%
4 Rubberized Crack Seal for Fred Waring Drive 40% 60%
*5 Rubberized Slurry Seal (RPMS) 85.30% 14.70%
6 Striping for al)Streets Except Fred Waring Drive 100% 0%
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.