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HomeMy WebLinkAbout05222 - D & L WHEELER ENTERPRISES INC DEMUTH PARK PARKING LOT STABILIZATION s s . DOC # 2006-0178355 03/13/2006 08:00R Fee:NC Page 1 of 1 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder f IIIIII IIIIIII IIII IIII IIIIII IIIII IIIIII III IIII IIII III � Recording Requested By And M e U PAGE SIZE DA PCOR NOCOR Fsmr mISC When Recorded Return To: City of Palm Springs q Attn: City Clerk P.O.Box 2743 R L COPY LONG REFUND NCNc EXAM v Palm Springs, CA 922263-2743 (SPACBABOVE TIES LINE rOR RECORDING 115C) PCEMp FROM RECORDIN(i rE•E PF,R(;DV CODE$6103) NOTICE OF COMPLETION NOTICE IS HERE13Y given that: 1. The City of Palm Springs, California, is a municipal corporation, organized and incorporated pursuant to the laws of the State of California. 2, The City Clerk of the City of Palm Springs is �authorized and directed to execute, on hnhalf of said City, any and all Notices of �gi- Completion. uve C' L. �A lrit fesi; Fe "1LY' 3. The address of the City of Pahn Springs is City Hall, 3200 E. Taltquitz Canyon Way, Palm Springs, California (P.O. Box 2743, Palm Springs, CA 92263-2743). 4. The public work of improvement on the hereinafter referred to real property within the city was COMPLETED on the 31" day of January, 2006. 5. The name Of the contractor (if neared) for such work of improvement was: D&L V"eeler Enterprises, Inc. 6. The public work of improvement, which was completed in the City of Palm Springs, County of Riverside, State of California, is described as follows: DeMoth Park Parking Lot Stabilization. 7. The property address or location of said property is: DeMuth Park parking lot, located on Mesquite Avenue east of El Cielo Road, next to YMCA buildings. 8. City Project No. 05-09, Agreement Number: 5222 CITY OF PALM SPRINGS: REVIEWED BY: -, DATED: , l� BY: DATED: �Yr Director of Puh Ie Works/City Engineer David J. Barakian S� b / JAMES THOMPSON, being duly sworn, says: r(���0 ✓ That he is the City Clerk of the aforesaid City of Palm Springs,California, the corporation that exrcuted the foregoing notice; that be ma kes this verification on behalf of said corporation; that he has read the foregoing Notice of Completion, and knows the contents thereof, and that die facts stated therein are true; that as said City Clerk, he makes this verification on behalf of said municipal corporation. Ciry Clerk -James Thompson Index No. 6206 i f ✓ - D & L Wheeler Enterprises Inc Demuth Park Parking Lot Sta- bilization CITY of PALM SPRINGS AGREEMENT # 5222 CM signed, 1-26-06 CONTRACT SERVICES AGREEMENT FOR DEMUTH PARK-PARKING LOT SOIL STABILIZATION IN PALM SPRINGS,CALLIFORNIA THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into this ' day of 1 2005. by and between the City of Palm Springs, a municipal corporation (herein "City") and D L Wheeler Enterprises, Inc. herein "Contractor"). NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all of the terms and conditions of this ,Agreement, the Contractor shall perform the work or services set forth in the"Scope of Services"attached thereto as Exhibit "A" and incorporated herein by reference. Contractor warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit"B" and incorporated herein by this reference, but not exceeding the maximum contract amount of Ten Thousand One Hundred Twenty Five Dollars($10,125.00) ("Contract Sum"). 2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid as outlined in Exhibit"B"Schedule of Compensation. 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. Donald Jay Wheeler is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Contract Officer. George F. Farago is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ("Contract Officer"). The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. 3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the Page 1 of -� :services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it, or any of its agents or employees, are agents or employees of City. 4.0 INSURANCE, INDEMNIFICATION AND BONDS 4.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance; A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broad form property damage, products and completed operations. The Commercial General Liability Policy shall name the City of Palm Springs as an additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in an amount which fully complies with the statutory requirements of the State of California and which includes$1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of$1,000,000 bodily injury and property damage. Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. Additional limits and coverages, which may include professional liability insurance, will be specified in Exhibit A. All of the above policies of insurance shall be primary insurance. (Reference Section 4.4 regarding sufficiency.) The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, endorsements or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance, endorsements, or binders are approved by the City. The contractor agrees that the provisions of this Section 4.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or persons for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 3.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. 4.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but Page 2 of 7 excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys'fees. 4.3 Bonds. Concurrently with execution of this Agreement, Contractor shall deliver to City a Performance Bond and a Payment Bond in the sum of the amount of this Agreement, in the form provided by the City, which secures the faithful performance of this Agreement, unless such requirement is waived by the Contract Officer. The bonds shall contain the original notarized signature of an ,authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement ,and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement. 4.4 Sufficiency of Insurer or Suretv. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated 'W or better in the most recent edition of Best's Key Rating Guide or in the Federal Register, unless such requirements are waived by the City Manager or designee of the City Manager due to unique circumstances. In the event the City Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by this Section 4 may be changed accordingly upon receipt of written notice from the City Manager or designee; provided that the Contractor shall have the right to appeal a determination of increased coverage by the City Manager to the City Council of City within ten (10) days of receipt of notice from the City Manager. 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force until June 30, 2006. 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to the other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. In the event of termination by the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. 6.0 MISCELLANEOUS 6.1 Covenant Against Discrimination. Contractor covenants 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 race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. Page 3 of 7 6.2 on-liability of,ClYOfficers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 6.3 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly interested, in violation of any :State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 6.4 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. 6.5 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 either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 6.6 Integration: Amendment. 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. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 6.7 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions 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 either party of the basic benefit of their bargain or renders this Agreement meaningless. 6.8 Waiver. No delay or omission in the exercise of any right or remedy by a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either 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. 6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment. 6.10 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto 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)the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. SIGNATURES ON NEXT PAGE Page 4 of 7 IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above CITY OF PALM SPRINGS ATTEST a municipal corporation City Clerk City Manage?-.�° fib rations require two notarized signatures. One signature must be from the Chairman of B ard, President, or any Vice 1-`rPsident. The second signature must be from the Secretary,Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Offiar. CONTRACTOR: Name: D&L Wheeler Enterprises Check one:_Individual_Partnership_Oorporation Address: 32389 Dunlap Blvd. APPROVED BY CITY MANAGER Yucaipa, CA 92399 By: zazh lh By: Silgnatuie(notarized) Signature(notarized) Name:_ Lr tj ALB/. P�'L'lftl , Name: _I ri Ln ( I.:.fit-L 2 Title: V < R _ — Title: s V • l' .r/ Se�� (This Agreement must be signed in the above space by one of This Agreement must be signed in the above space by one of the following:Chairman of the Board,President or any Vice the following:Secretary,Chief Financial Officer or any President) Assis Treasurer) ll State o State o J County of qq (( Cou4- -&bf o On I' 14beforeme, /a o Y Onme,personally appeazed per aped perse"Hrlmewtt�iame(or proved to me n re basis of satisfactory per567T y r wn to me(or roved to me o�the asis of satisfactcr} evidence)to be the person( whose names)is/ p subscribed to the evidence)to be the person(�whose name(k)is/ a subscribed to us. within Instrument d ac owledged to me that(1�/s elthjy executed within instrument d acknowledged to mdthai 7 helthly exccute(i the ame m hi er/ "t authorized capacrty(ip and that by the same in h�err/ it authorized capacity(iEs),t and that bk Iris r/the7(signahnef on the ilI��stnunent the personl�),or the entity his/her/their signature )on the instrument the peraci s),or the entit) upon behalf of which the personT acted,executed the instrument upon behalf of which e perso )acted,executed the instrument. WITNESS my hand official seal. WITNESS my hand offici seal. Not Signatur . Notary Signature: Notary Seal: Notary Seal: E IZABE:TH A.BAKER �y COMNI.#1343524 Q ELIZABETH A.BAKER0 NOTARY PUBtlGCAUFORNIA -1 COMM.#134a524 RIVERSIDE COUNTY Ol FNOTARY RUBUCLAUFORNIA ^4 My Camm.Expires March 27.2006 mRIVERSIDE COUNTY Err My Comm.Expires Mrrch27.2W6 Reviewed and approved by Procurement & Contracting Page 5 of 7 Initials � '� Date P.O. Numbr i EXHIBIT"A" SCOPE OF SERVICES The existing area of approximately 64,000 sq. ft. of dirt parking lot at DeMuth Park (on Mesquite Avenue, East of El Cielo Road, next to YMCA building) in Palm Springs, California shall be graded, compacted and applied with an appropriate dust stabilizer (dust suppressant). The intent of this work is to provide the City with a finish surface that is sealed for dust and erosion control purposes, but allows for the use of the area for parking and traffic access at various times of the year, without degradation of the sealed surface or requiring a re-application of dust suppressant material after each use of the area by traffic for parking and access purposes. The Contractor shall be responsible for ensuring it selects a material that creates a sealed surface that provides dust and erosion control, and allows for the use of the stabilized area for parking and traffic purposes. Selection of the specific material, and the application rate applied, shall be the responsibility of the Contractor and be in accordance with manufacturer's specifications. The suggested materials listed herein are given to the Contractor as an opportunity to investigate the type of materials available that can achieve the finished product required by this scope of services. The Contract Sum shall include mobilization, traffic control, grading, compacting, dust control during construction, and dust suppressant application. No dust control plan and AQMD sign is required. Materials: Dust suppressant material shall be a polymer based emulsion used to stabilize all soils from dust and erosion, and is suitable for traffic and parking uses without degradation of the stabilized surface. The material shall be suitable for application through the use of spraying or watering equipment, and shall tie completely environmentally safe to use. The material shall not be colored, and shall cure such that the material becomes completely transparent, leaving the natural landscape in its natural color and state. A soil stabilizer (dust suppressant) shall be used, such as "Soiltac" by Soilworks, LLC, 681 N. Monterey Street, Suite 101, Gilbert, AZ 85233, (800) 545-5420; www.Soiltac.com; or "PX-300" by G.M. Boston Company International, LLC, 412 Fullerton, Newport Beach, CA 92663, (562) 592-0836, www.gmbostoncompany.com; or equal. Application: The soil stabilizer (dust suppressant) material shall be applied to the finish grade in accordance with the manufacturer's specifications, however, the actual application rate shall be of a rate sufficient that the sealed surface can be used for traffic and parking without degradation of the sealed surface. Construction water will be available from the city's fire hydrants at Contractor's expense. The Contractor will be required to apply for and furnish a deposit to Desert Water Agency for use of a construction meter. California Wage Rate Requirements: The Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed. A copy of said wage rates is on file at the office of the City Engineer. The Contractor and any subcontractors shall pay not less than said specified rates and shall submit certified payroll to the City. Warranty: The Contractor shall be responsible for guaranteeing for a period of 4 (four) months that the stabilized surface will remain stabilized after intermittent use, subjecting the sealed surface to normal vehicular access and parking. If, after the City's use of the parking area stabilized by the Contractor with a dust suppressant, the area degrades and becomes a dust and erosion control nuisance, the Contractor shall be responsible for re-applying a dust control suppressant material that will provide the City with a sealed surface capable of withstanding the area to be used for parking. The Maintenance and Repair Bond furnished to the City for four months following acceptance of the Work by the City Engineer shall be in the sum of 50% of the amount of this Agreement, and shall be made available to the City for the purposes of guaranteeing soil stabilization as required herein. Warranty Bond is to be provided to the City following the acceptance of the work by the City Engineer. Section 4.3—Bonds—Performance and Payment Bonds are hereby waived. The Environmental Products &Applications, Inc. is an approved Subcontractor and may perform part of the services required by this Agreement. Page 6 of 7 EXHIBIT"B" SCHEDULE OF COMPENSATION Contractor's compensation for the services described on attached Exhibit"A"will be$10,125.00 paid as a lump sum upon satisfactory completion of Work, within 35 days following acceptance of the Work by the City Engineer. 'TOTAL PAYMENT NOT TO EXCEED: Ten Thousand One Hundred Twenty Five Dollars ($10.125.00). * * * * k Page 7 of 7 Uan, 20. 2006 4:09PM HUB International of CA No, 2416 P. V3 ,,, ...AC2RD ._.I><�TF ° ..�_.__.._.._.._. - .)> 01 20 2006 PRObucER 1Ket MOElvaty X THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Rub international of California ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4371 Latham Street Suite 101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 5245 COMPANIES AFFORDING COVERAGE Riverside, CA 92501 COMPANY Everest Indemnity Insurance Compa 951-788-8500 . fax951-788-2994 A INSURE) COMPANY Netherlands Insurance Company DG:L wheeler Enterprises Corporation B DBA Oar. Paving 32389 Dunlap Elvd, COMPANYC Yucaipa CA 92399 COMPANY D wL3�A Eta .' r a ua a e �n^ ,,; !' Iaa: a9 F yy�A yy�� �p I YY.. a , ,m .s ta.da. (aNk''na .E i. aw.d' &"k«^"Ti'b:'A h wd4ti:D.P,�a1:,. r'r,. .,, aa>.<`a ^a ¢R:.,✓'LzA°JA;3N '1C 11VA h ...R'Ju.:.2SE:. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIPICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS$UBUECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO S INSURANCE POEICV NUMBER POLICY EFFECTIVE POUCYEXPIRATION UMRS LTA DATE IMM/DD/YYI DATE MINIDD/VY) A OpoiaL DAMUTY 5 8 0 0000115 0$1 2/26/2005 2/26/2006 GENERALAGGREGATE 12 000 I)w X COMMERCIALGEHERALuARILIIY PRODUCTS•COMP/OP AGO A 1,000,000 CLAIMS MADE �X OCCUR PEREONALAADVINJURY S1,000,000 OLYNER%&CONTRACTORS PACT EACH OCCURRENCE 11 000,000 _ FIRE DAMAGE IAny aw Arm $ 50,000 Mm EKP 4MY-m mmt4 s5 000 B AVToMONLEwBIun BA9876392 08/19/2005 08/19/2006 COMBINED SINGLE LIMIT 11,000,000 MY AUTO ALL OWNED AUTOS BODILY INJURY 1 X SCHEDULED AUTOS (Fe FWAM) X HIRED AUTOS BODILY INJURY 1 X NON•OWNED AUTOS (Perawdane) PROPERTY DAMAGE / WAGE WNLTTY AUTO ONLY-EA ACCIDENT 1 ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE 4 CXOP86 LumuSY EACH OCCURRENCE ! UMRAELLA FOAM AGGREGATE A OTHER THAN UMBRELLA FORM WORKERS COMPEYEATMN AND IWCSTATU• I JOTH. EMPLOYERS'UABKnY EL EACH ACCIDENT i THE PROPRIETOR/ PARTNIFS/EXECUTIVE INCL EL DISEASE.POLICY UNIT f OFFICSASARE: EACL EL DISEASE-EA EMPLOYEE $ OTHER DESCRIPTION OF OPFAAYIONSILOCATIONlNEEICLES/SPECIAL MNS a required by smitten ConLract, certificate holder is included as additional insured per form CCG205080504, E . �u�.„ t' G E F 3 u d � d� A . , C cv 21a City 04 V;tlm Springs SHOULD ANY OF THE AEOVE DUMPED POUCU PE OANCULDID EEFOM THE Atta GeOrge Farago EXPIRATION DATE THEREOF, THE ISSUING COMPANY WE1 ENDEAVOR TO MAIL P.O. BOx 2743 3 O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Palm Springs Ca 92263 BUT FF IJRE 7oimA[scuOH°No ayR�ent AR TILE SXAIL IMPOSE NO ONIGATNFN ON LABILITY OF ANY KIND UPON THE COMPANY, ITS AOENTS OR REPRESENTAYIVES. AUTHORIZED REPRESENTATIVE • /:.) ••,(.y„���\.Ya'F'(,,�•aa••;• ZAY'•E •• 4>40�••�•St'r'G: C<Sk'G•••:ea'):.v.)}'9'S tluj:hv,Ma) wXY!)u.W'1 „<XY(FI'1.k!! 4M IA tl 1 4 ')..,....... is ;<' ' ry3�wm��s'rS'a�i.R�':::c"x• r a' °r"��°:e.rc'c°S m'.°'�°�'w,c,. ° 'i$!/l!.t°'>;e."SaiBwa''kM3�m^�e�,�3��1'ds'oo EIdSd62525044 19483 Jan. 20• 2006 4: 10PM HUB International of CA No. 2416 P. 2%3 Re: neL wheeler nntetys�.acs uuiy 5800000115-051 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - ONGOING OPERATIONS ONLY This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section it--Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement prior to the commencement of such operations .that such person or organization be added as an additional insured on your policy, Such person or organization is an additional insured only with respect to liability for"bodily injury", "property damage' or"personal and advertising injury" caused, In whole or in part,by. 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to: t. "Bodily injury", "property damage" or"personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural,engineering or surveying services,including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports. surveys,field orders, change orders or drawings and specifications; or b. Supervisory, inspection,architectural or engineering actrvities. 2. "Bodily injury"or"property damage" occurring after; a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other then service,maintenance or repairs)to be performed by or on behalf of the additional Insurad(s) at the location of the covered operations has been completed; or' b. That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contraotor or subcontractor'engagod in performing opera- - tions for a principal as a part of the same project. 3. "Bodily injury", "property damage" or "personal and advertising Injury" arising out of any construction pro- jects that are part of a consolidated (wrap-up)insurance program.This exclusion also applies to any: a. Work or operations performed; or b. Materials, parts or equipment furnished; in connection with such wrap-up construction projects, regardless of whether they are performed or fur- nished at the location of the wrap-up construction project or anywhere else. ECG 20 508 D5 04 Copyright Everest Reinsurance Company, 2Q04 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permisslon. Jan, 20. 2006 OOPM HUB international of �A No. 2416 P. 3/3 CERTHOLDER COPY Si STATE P.O. 13OX 420807, SAN FRANCISCO,CA 94142-0807 COMPEN5AT10N I e)SURAA'N CC FUND tl D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 01-20-2005 GROUP: 00023D POLICY NUMBER: 000*922-2005 CERTIFICATE ID: lie CERTIFICATE EXPIRES:08-01-2006 00-01-2005/OB-01-2ow CITY OF PALM SPRINGS Sd P.O. BOX 2743 PALM SPRINGS CA 92283 ThIs is to Cartlfy that We heYu Issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance commissioner to the employer named below for the pulley period indicated. This policy Is not Subject to Cancellation by the Fund except upon3o days advance written notice to fire employer. We will also give you 20days advanoo notice should this policy he cancelled prior to Its noM+el expirsdon. This certificate of Insurance is not m imurmce policy and does not amend. extend or alter the coverage afforded by the policy listedharein. Notwithstanding my requirement, term or condition of any contract or other documant with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described heroln is Subject to all the terms,, eeJxclluujeiens, and conditions, of such policy. tHORIZED REPRESENTATI PRESIDENT � EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT M1800 - DONALD WHEELER PRESIDENT - EXCLUDED. ENDORSEMENT N1800 - LINDA WHEELER VP,SEC, TREAS - EXCLUDED. �—ENDORSEMENT #2005 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08-01-2004 IS ATTACHED TO AND FORMS A PART or THIS POLICY. EMPLOYER D 8 L WHEELER ENTERPRISES CORP Si 32380 OUNLAP BLVD YUCAIPA CA 92329 (810,Sq PRINTED : 01-20-2000 MEe.2'eal 01/16/2006 09:02 90944608013 DANDLPAVING PAGE 03 rW1'.L0,Z00Z 12tIOM rNo.iye P.7./c' STATE CMPORATM CM=Rf OR alRiiMR6 EXCLUION Lffil"Mlt o""GAIM INaNRANCa FUND o rl L Wheeler Ehoorprlaas OQtpDmdv Poky Number:1471025-01 3"60 Dunlap eaul•va d Po*flamo7 G&L W aftr Wnterprtaao CoWrvb Yuoolps Ca 92389 MOW DfMn:8K 'rMf wuawafbn Ia vrrd haft•y il•a•ryraaala•th•wa aNrasra and raaraw ahw frfalaway wRarw+.cYrlsw er dlnaNn b6MUM*00- oald•hfWVMWotra'•'w wlWllOn9•Iby, NN Jnawlfwll tarattlywwMhadap oAlaW veal dtal•fwa can ba odkgW t"a manto MW owwadaA'ownMotYtlwt ev*. old far to undaWhreNrnm ed IMaCoeiw'c iNMV^Yw Qnr I wry. .vow) Oa union i NORM,TUer, 'rem) owl We dolfloWo4Q6 that tt'M VAi Wn deft riotWJM th•o*Ws§w1 ar fry MOrWyAlgh May eAd WoMkdad MMdaals as WPIOY as aMlw Mtlrfak•r W nprnadon ar MtOMW'•I*b%*AV. W harther aobv Madpa that flleta"laM k*for my bw*b or domadalf%ens vMdod orrOw"should an lNury *"I. We raoWlso slat•Purid ruarw•to rlpl't to•traoa this oo*x n ric w4r w tatlthat data wW how 60 kAw Is rusivu by an ■ulhuAfad Berta Fund ropreo birwo. Wa Ndll rrodfy Oft Fans In w*%of arty charo bvio n"ottfa owpordon,if~or d clora andlwyha dwsnd oo+aw*6xAAew ofts afttw IndWusl•nomad above. By alor"ttla ofra i*n w1w,w•aWwwwoo tratweabwo vanwiala ottlaaa a dlraomh7 tlf W Illfd7rd 1tl ba Wo11kNd fr0111 to SNwa rind warlM'a'ownpongsW pwldf. • aIa Ifa a nnur• w.r x &Oft na waalaft Not ladtar,whahar or riot*w au to M adu" ax ca rO4 rvr4'W-1rWT-H-L:wb?U Sb:2t cBM2-PT-,kUW Best's Rating Center - Search Results Page 1 Page 1 of 1 � � 91 "" B. 'I$ Ratffl 11c . ;.. '" � . r ter View Ratings:Financial Strength Isauer Credit Securities Advanced Search Other Web Centers: Select One Search Results Page 1 of 1 1 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with everest indemnity To refine your search, please use our Advanced Search or view our Online Help for more information. New Search jevierst indemnity View results starting with: A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Re Company Information Financial Strength Ratings Issuer Credit Ratings Outlook/ . Outlook/ AMB# - Company Name Rating Implication Long-Term . Implication Short-Term Domicile 12096 Everest Indemnity Insurance A+ Stable aa- Stable US. Delam Company (Property/Casualty-Insurance Company) Note: Financial Strength Ratings as of 0112512006 11:49 AM E.S.T. Financial Strength Ratings (FSR) are sometimes assigned to Property/Casualty-A.M. Best Consolidated Groups. Please nc Life/Health -A.M. Best Consolidated Groups and Company Consolidated Financial Statements are not assigned FSR rating, * Denotes Under Review Best's Ratings Visit Best's Rating Center for a complete overview of our rating process and methodologies. Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet siren operating performance and business profile.These ratings are neither a warranty of a company's financial strength nor its ability to meet its financial obligations,includin policyholders View our entire notice for complete details. Customer Service I Product Support Member Center I Contact Info I Careers About A.M. Best I Site_Ma Privacy l & Licensing Policy I Security I Terms of Use I Legal Copyright©2006 A.M.Best Company, Inc.All rights reserved. A.M. Best Worldwide Headquarters,Ambest Road,Oldwick,New Jersey,08858, U.S.A. http://www3.anibest.com/ratings/RatingsSearch.asp?A1tSrc=9 01/25/06 Best's Rating Center- Search Results Page 1 Page 1 of 1 rtr«.... Best Rafffi ter .. }') View Ratings:Financial Strain th Issuer Credit Securities Advanced Search Other Web Centers: Select Search Results Page 1 of 1 1 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with netherlands insurance To refine your search, please use our Advanced Search or view our Online Help for more information. New Search Inetheriandisinsurance ;View results starting with: A B C D E F G H I J K L M N O P Q. R S T U V W X Y Z . RE Company Information Financial Strength Ratings Issuer Credit Ratings Outlook/ . Outlook/ AMB# ; Company Name + Rating x Implication Long-Term - Implication Short-Term Domicile 02393 Netherlands Insurance Company A Stable US: New (Property/Casualty-Insurance Company) Hampshire Note: Financial Strength Ratings as of 0112512006 11:49 AM E.S.T Financial Strength Ratings (FSR) are sometimes assigned to Property/Casualty-A.M. Best Consolidated Groups. Please nc Life/Health -A.M. Best Consolidated Groups and Company Consolidated Financial Statements are not assigned FSR rating; * Denotes Under Review Best's Ratina_s Visit Best's Rating Center for a complete overview of our rating process and methodologies. Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company's balance sheet stren operating performance and business profile.These ratings are neither a warranty of a company's financial strength nor its ability to meet its financial obligations,includln policyholders.View our entire notice for complete details. Customer Service . Product Support I Member Center I Contact Info I Careers About A.M. Best I Site Map I Privacy Policy I Security_ I Terms of Use I Legal & Licensing Copyright©2006 A.M. Best Company, Inc.All rights reserved. A.M. Best Worldwide Headquarters,Ambest Road,Oldwick, New Jersey,08858, U.S.A. http://www3.ambest.com/ratings/RatingsSearch.asp 01/25/06 CONTRACT ABSTRACT Contract Company Name: D & L Wheeler Enterprises, hic. Company Contact: Donald Jay Wheeler Summary of Services: CP905-09, DeMuth Park Parking Lot Stabilization Contract Price: $10,125 Funding Source: 261-4490-50118 /261-2494-51500 Contract Term: One Year Contract Administration Lead Department: Public Works & Engineering Contract Administrator: David Barakian/George F. Farago Contract Approvals eouncil/eommunity Age ey Approval Date: City Manager Approval: l04' : N/A Agreement Number: To Be Assigned: Contract Com 1L iance Exhibits: Signatures: Insurance: Bonds: Contract prepared by: Submitted on: By: OY ?A d.ht Sp ra' r `' MEMORANDUM ry y9:w:Ev y, TO: Carrie Rovney, Engineering FROM: Kathie Hart, CIVIC i Chief Deputy City Clerk DATE: January 26, 2006 SUBJECT: D & L Wheeler Enterprises, Inc A5222 (City Manager authorized on 01-26-06) DeMuth Park— parking lot stabilization — CP 05-09 Attached is a duplicate original copy of the above referenced agreement for your files and distribution. We have kept the original copy for our records. Please feel free to contact our office if there are any concerns. lkdh Attachment