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Home My WebLink About06070 - G & M CONSTRUCTION LASER LEVELING OF SOFTBALL FIELDS AT DEMUTH PARK Page 1 of 1 Kathie Hart From: Vicki L. Oltean Sent: August 24, 2011 12:37 PM o To: Kathie Hart C/ LI Subject: RE: Just wondering t taN� OH God, that was done back in March!!! �a�t From: Kathie Hart Sent: Wednesday,August 24, 2011 11:49 AM To: Vicki L. Oltean Subject: Just wondering Has the leveling of the softball fields at Dumuth Park been completed? Ok to close the agreement w/ G & M? ThA Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs,CA 92262 T (760)323-8206 1 A (760)322-8332 ® Kathie.Hart@PalmSpringsCA.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. 08/24/11 AGREEMENT THIS AGREEMENT made this r0Tr+ day of "A0-C�4 in the year 2011, 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 G&M CONSTRUCTION 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: LASER LEVELING OF FOUR(4)SOFTBALL FIELDS AT DEMUTH PARK The Work is generally described as follows: Providing all materials, supplies, equipment and labor necessary to properly laser level four (4) softball fields at DeMuth Park in Palm Springs CA. 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 for for each calendar day that expires after the time specified in Article 2, herein. ARTICLE 3--CONTRACT PRICE 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). 1 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, Porformanco Bond (Waived), Payment Bond, Standard Specifications, Special Provisions (Exhibit "A"), the Drawings (if applicable), Addenda numbers 1 to 2 , 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 boon 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. 2 ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk 00/► Iz�► t City Man;;�� APPROVkb AS TO FORM: Date By 4 City Attorney APPROVED BY THE CITY COUNCIL: Date Date (5 Z/ ►t, -zc)► t .J,M I ,F--A-► Z . 1 - Agreement No, A too-0 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-4,gAm CrYIA.rWl Check one: Individual Partnership Corporation Address: II LJ, -4-?4,(-tA,ue By: By: Signature(notarized) Signature(notarized) i Na e:�rC—01�G ,viA44A/7-Z- Name: 1)IgI/NA- M1124 nrT 2- Title: ,�re-5 ►bc—,,v r— Title: S�CPg7p,try /,r✓ �s�v (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 e- 4[.l-4 2I I A ❑ County of i2ivL-lG 1,0 C— Liss County of 0116-ES,1aC— ❑ss 3 On"YT�n..e�.'% I(� 011 On Y�jcz�+r.� /l, 2 1 before me,100Z06ta �/vti, �a.� before me,iPl-,e- L ~� personally appeared / Pr,�o /Yj�personally appeared .��iq-r+-►.r �-a-�.� who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory 7 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: DEIDRE SAUNDERSa DEIDRE SAUNDERSa a Commission# 1915461 Commission* 1915461 a -++ Notary Public -California z Z -Yi Notary Public-California a Z .' Riverside County ' z •°�~ Riverside County - - - ! My Comm Expires Jan2,201 4 My Comm Expires Jan 2,2015 t - - - - - - _ - - _ _ _ - _ r _ _