HomeMy WebLinkAbout06186 - SUPERIOR READY MIX CONCRETE DBA SIMON CONTRACTING FIRE HYDRANT RELOCATION AT AIRPORT Page 1 of 2
Kathie Hart
From: Caren Nelson
Sent: September 25, 2012 5:48 PM
To: Kathie Hart
Cc: Steve Bowser
Subject: RE: A6186Superior Ready Mix dba Simon Contr(fire hydrant relocation)
Importance: High
Hi Kathie,
PO# 12-0696 dated 02/01/2012 for $14,500.00 issued to Superior Ready Mix/Simon Contracting
was sent to
Finance for payment and closure on March 22, 2012. Referencing Agreement #A6186
Caren Nelson
City of Palm Springs
Palm Springs International Airport
(T) 760-318-3819 (F) 760-318-3815
From: Kathie Hart
Sent: Tuesday, September 25, 2012 4:57 PM
To: Caren Nelson
Cc: Steve Bowser
Subject: RE: A6186Superior Ready Mix dba Simon Contr(fire hydrant relocation)
no prob
Kathie Hart, CMC
Chief Deputy City Clerk
City of Palm Springs AF(760)323-8206
3200 E Tahquitz Canyon Way A (760)322-8332
Palm Springs, CA 92262 ®Kathie.14artCDPalmSprins ov
Please note that City Hall is open 8 a.m, to 6 p.m.Monday through Thursday,and closed on Fridays at this time.
From: Caren Nelson
Sent: September 25, 2012 4:57 PM
To: Kathie Hart
Cc: Steve Bowser
Subject: FW: A6186Superior Ready Mix dba Simon Contr(fire hydrant relocation)
Hi Kathie,
I will look for this request before I leave this evening and give an answer to Steve in the morning. I am
09/25/12
Page 2 of 2
working on Payroll at the moment. O
Caren Nelson
City of Palm Springs
Palm Springs International Airport
(T)760-318-3819 (F)760-318-3815
From: Steve Bowser
Sent: Tuesday, September 25, 2012 4:49 PM
To: Caren Nelson
Subject: FW: A6186Superior Ready Mix dba Simon Contr(fire hydrant relocation)
This was for around 15k from Simon -Can you locate—around March of this year( last years budget)
From: Kathie Hart
Sent: Tuesday, September 25, 2012 4:38 PM
To: Steve Bowser
Subject: A6186Superior Ready Mix dba Simon Contr(fire hydrant relocation)
Steve:
Has this been completed?
May I close this agreement file?
Please advise.
ThA
exzar
Kathie Hart, CMC
Chief Deputy City Clerk
City of Palm Springs (760)323-8206
3200 f. Tahquitz Canyon Way A (760)322-8332
Palm Springs, CA 92262 ®Kothie.HartQPalmSringsCA.gov
Please note that City Hall is open 8 a.m. to 6 p.m. Monday through Thursday,and closed on Fridays at this time.
09/25/12
Page 1 of 1
Kathie Hart
From: Kathie Hart
Sent: September 25, 2012 4:38 PM
To: Steve Bowser
Subject: A6186Superior Ready Mix dba Simon Contr(fire hydrant relocation)
Steve:
Has this been completed?
May I close this agreement file?
Please advise.
ThA
Kathie Nart, CMC
Chief Deputy City Clerk
City of Palm Springs (760)323-8206
3200 E Tahquitz Canyon Way A (760)322-8332
Palm Springs, CA 92262 ®Kathie.Hart@Palm5pringsCA.go
Please note that City Hall is open 8 a.m. to 6 p.m. Monday through Thursday,and closed on Fridays at this time.
09/25/12
2�'L AGREEMENT ?0Q.
THIS AGREEMENT made this� day of .�AL. . in the year.W$H, by and
between the City of Palm Springs, a charter city, organized and existing in the County of
Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the
City, and
Superior Ready Mix Concrete L.P. dba Simon Contractinq
hereinafter designated as the Contractor.
The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
ARTICLE 1 --THE WORK
The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the
City's Contract Documents entitled:
FIRE HYDRANT RELOCATION AT PALM SPRINGS INTERNATIONAL AIRPORT
The Work is generally described as follows:
Providing all necessary labor, equipment, material, supplies, and any applicable sales tax, shipping
or other costs or fees to relocate the fire hydrant at the Palm Springs International Airport as per
the specifications.
ARTICLE 2 --COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in the Notice
to Proceed by the City, and the Work shall be fully completed within the time specified in the
Notice to Proceed.
The City and the Contractor recognize that time is of the essence of this Agreement, and that the
City will suffer financial loss if the Work is not completed within the time specified in Article 2,
herein, plus any extensions thereof allowed in accordance with applicable provisions of the
Standard Specifications, as modified herein. They also recognize the delays, expense, and
difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work
is not completed on time. Accordingly, instead of requiring any such proof, the City and the
Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall
pay the City the sum of $ 330.00 for each calendar day that expires after the time specified in
Article 2, herein.
ARTICLE 3 --CONTRACT PRICE $14,500.00
The City shall pay the Contractor for the completion of the Work, in accordance with the Contract
Documents, in current funds the Contract Price(s) named in the Contractor's Bid and Bid
Schedule(s).
ORIGINAL 80
AND/OR AGREEMENY
19
ARTICLE 4 --THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the
accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's
General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation
Certificate, (Waived), Payment Bond, Standard Specifications, Terms
and Conditions, the Drawings (if applicable), Addenda numbers 0 to 0 ,
inclusive, and all Change Orders and Work Change Directives which may be delivered or
issued after the Effective Date of the Agreement and are not attached hereto.
ARTICLE 6 -- PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with the Standard
Specifications as amended by the Special Provisions. Applications for Payment will be
processed by the Engineer or the City as provided in the Contract Documents.
ARTICLE 6 -- NOTICES
Whenever any provision of the Contract Documents requires the giving of a written Notice,
it shall be deemed to have been validly given if delivered in person to the individual or to a
member of the firm or to an officer of the corporation for whom it is intended, or if delivered
at or sent by registered or certified mail, postage prepaid, to the last business address
known to the giver of the Notice.
ARTICLE 7 -- MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications and the
Special Provisions will have the meanings indicated in said Standard Specifications and
the Special Provisions. No assignment by a party hereto of any rights under or interests in
the Contract Documents will be binding on another party hereto without the written
consent of the party sought to be bound; and specifically, but without limitation, monies
that may become due and monies that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to an assignment, no assignment
will release or discharge the assignor from any duty or responsibility under the Contract
Documents.
The City and the Contractor each binds itself, its partners, successors, assigns, and legal
representatives, to the other party hereto, its partners, successors, assigns, and legal
representatives, in respect of all covenants, agreements, and obligations contained in the
Contract Documents.
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be
executed the day and year first above written.
20
ATTEST: CITY OF PALM SPRINGS,
CALIFORNIA
B By
City Clerk orr�,�tci Z City IV, er
APPROVED AS TO FORM: Date a(L . 3k ao\a
r APPROVED BY CITY MANAGER
BY Cit Attorney APPROVED BY4WE ^,Y���
Y Y TY 6E11NGIE:
Date i2
Date
Agreement No.
Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or
any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer,
Assistant Treasurer, or Chief Financial Officer.
CONTRACTOR: Name: SjNunt Cc4yzA, Ti N ✓P& Check one: _Individual artnership_Corporation
Address: 'P.o, 5aA ibaqu
ntr-Lblo e azze Z
BV. By:
Si nature (notarized) Signature (notarized)
Name: Name:
Title:CcNsTKvcrkonl MAj k&&-(L Title:
(This Agreement must be signed in the above This Agreement must be signed in the above
space by one of the following: Chairman of the space by one of the following: Secretary, Chief
Board, President or any Vice President) Financial Officer or any Assistant Treasurer)
State of ❑ State of ❑
County of ❑ss County of ❑ss
21
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of RATERSIDE
On 01/10/12 before me, IRENE ORTIZ, NOTARY PUBLIC
Date Here Insert Name and Title of the Officer
personally appeared TnN M ROFSSr FR
Names)of Signers)
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
fRENE oRTlt capacity(ies), and that by his/her/their signature(s) on the
Commission B 1873838 instrument the person(s), or the entity upon behalf of
:RA4i Notary Public-California Z which the person(s) acted, executed the instrument.
Z Riverside County s
MY Comm.Expires Jan 16,2014 1 certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my d and official seal.
Place NotarySeal Above Signatu
i na e of Notary
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: AGREEMENT
Document Date: 1/10/2012 Number of Pages: THREE
Signer(s) Other Than Named Above: NONE
Capacity(ies) Claimed by Signer(s)
Signer's Name: IGNI All RQESSLER Signer's Name:
Ik Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General _IC" ❑ Partner—❑ Limited El General
El Attorney in Fact _ ❑Attorney in Fact
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
02007 National Notary Association-9350 be Soto Ave.,P.O.Box 2402-ChatsV.nrth,CA 91313-2402-w Nationalnlotarvorg Item#5907 Reorder:Call Toll-Free 1A0f}676-6827
On On
before me, before me,
personally appeared personally appeared
who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), the same in his/her/their authorized capacity(ies),
and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon instrument the person(s), or the entity upon behalf
behalf of which the person(s) acted, executed the of which the person(s) acted, executed the
instrument. instrument.
I certify under PENALTY OF PERJURY under I certify under PENALTY OF PERJURY under the
the laws of the State of California that the laws of the State of California that the foregoing
foregoing paragraph is true and correct. paragraph is true and correct.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Signature: Notary Signature:
Notary Seal: Notary Seal:
22