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HomeMy WebLinkAbout05039 - DATELAND CONSTRUCTION INC CLEANUP ARABY DRIVE PALM CANYON WASH DOCUMENT TRACKING Page: 2 Rann'4- Soon to Expire Document t Listing November 7 2005 ...r.,... Mr.._____._..� _.__..o .,�...,.. Condition: Expire Within 90 days,ALL Groups,ALL Services,ALL XREFs Document# Company Group � Q Service Awl Date Expire Da#e Close Date A5030 MUNIFinanclai ,-ENGINEERING-�,� � In File 01/26/2006 12/01/2005 Cq 1142 105 A5031 Dateland ConMetionCo--= - "-.ENGINEERING G�OS In File 01112/2005 01/01/2006 L-A/ahID5 A5034 Hilton,Famkopt&Hobson LLC CITY MANAGER In File 02/02/2006 12/31/2005 A5037 P S Gun Club POLICE DEPARTMENT � In File 02/07/2005 12/01/2005 A5039 Datelsnd Construction Co ` .ENGINEERING C,\d,.a�" In File 01/12/2005 01/01/2006 oovqu)05 A5050 Stumbaugh&Associates Inc. PROCUREMENT ��((��,, NOC 01/05/2005 01/01/2006 A5057 Infotox Inc _ - ENGINEERING -60S`"'"` In File 03/2512005 12/31/2005 D7J0$ 105 A5061 Richter Group FIRE DEPARTMENT In File 04/05/2005 12/30/2005 A5091 Hanson House Foundation PARKS&RECREATION In File 05/04/2005 12/31/2005 A5092 Tri Star Contracting tENGINEERING- &oszQ In File 05/04/2005 12/31/2005 05105 COS A5109 Desert Sun PIO .,� , In File 1420/2004 11/26/2005 A5114 JR�Planning-&Design G��S <i "'..ENGINEERINGC`F I,I, v None 06/08/2005 12/31/2005 O� A5122 Tri-Star - - - ENGINEERING C�CSed In File 06/20/2005 12/31/2005 08(Pr2 1O5 A5125 Lynco Associates COMMUNITY& In File 07/06/2005 11/17/2005 A5144 JR Planning&Design AIRPORT In File 07/21/2005 12/31/2005 A5146 Linda Tette POLICE DEPARTMENT pp In File 08/19/2005 12/30/2005 A5149 °Infobt Inc - - _ENGINEERING ""`In File 08/19/2005 12/31/2005 C7q�3010.g- A5169 Alms-Underground— ENGINEERING C� ` In File 10/06/2005 12/31/2005 tl a$C05 A5174 NXTCYCLE RECYCLING In File 10/14/2005 12/31/2005 * ** *** END OF REPORT*** * ** CONTRACT ABSTRACT Contract Company Name: Dateland Construction Co Company Contact: Ron Walters Summary of Services: Emergency Cleanup/Repair of Araby Drive Contract Price: $74,887.50 (including this A#2 decreasing $9,786) Funding Source: 001-4201-43200 Contract Term: One Year Contract Administration Lead Department: Public Works &Engineering Contract Administrator: David Barakian/Pete Agres Contract Approvals Council/eununtinity Redevelopment Original Council approval date January 12, 2005 Ageney Approval Date: City Manager Approval Minute Order/Resolution Number: 21179, EO 2004-01 Agreement Number: 5039 Contract Compliance Exhibits: Signatures: Insurance: Bonds: Contract prepared by: (Submitted on: By: AMENDMENT NO. 2 TO CONTRACT SERVICES AGREEMENT NO. 5039 WITH DATELAND CONSTRUCTION COMPANY, INC. DELETE THE ASPHALT REMOVAL FROM INDIAN CANYON DRIVE AT THE WASH 'The following articles of Agreement No. 5039 are hereby amended as follows: 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 Seventy-Four Thousand Eight Hundred Eighty-Seven Dollars and Fifty Cents ($74,887.50) ("Contract Sum"). SCOPE OF SERVICES (Exhibit "A") - Please see attached revision sheet. Last paragraph from Amendment No. 1 has been deleted. SCHEDULE OF COMPENSATION (Exhibit "B") - Changes are reflected by deletion of Item No. 5 from Amendment No. 1 and lowering the total contract amount. See attached revision sheet. Purchase Order Number(s): 516169 Agreement Number: 5039 Original Resolution Number: 21179 / EO 2004-1 City Council Approval: January 12, 2005 Original Contract Amount: $ 84,875.00 Amount of Decrease: $ 201.50 Amended No. 1 Total: $ 84,673.50 Amount of Decrease: $ 9,786.00 Amended No. 2 Total: $ 74,887.50 Account Number(s): 001-4201-43200 RECEIVED City of Palm 5prin s DEPT.OF BLDG 8 LAt._t:TY SIGNATURES ON NEXT PAGE Dateland Construction Company, Inc. (Delete The Asphalt Removal From Indian Canyon Drive at the Wash Amendment No. 2 (ATTEST: CITY OF PALM SPRINGS, a municipal corporation City Clerk —City Manager APPROVED By CITY MANAGER N� CONTRACTOR: DATELAND CONSTRUCTION COMPANY, INC. APPROVED By CRY M1 PBADER MailingA—q �" Mailing Address: 50-305 Highway 111, Coachella, CA 92236 a__,_�e( __ - _ CONTRACTOR: Check /one:—Individual—Partnership—Corporation By: By: Signature(notarized) 1Slgnaty.re(notarized) Name: JAMES N. RICHERT Name: SHIRLEY ROGERS Title: PRESIDENT Title: SECRETARY (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 ( Assistant Treasurer) Slateof C�.� c%"�L+1,^l('vl e— I State of '014'r„,. Countyof ^cl+t).,rSoto. Iss Countyof ra,�e_n_,•.r,F . Iss On before me, Qn t fvsi_ '� Ile;ts' C`-rer - t ':c.� -, r• �: 1 )f+ ..r-i '�'- lal - —' ) , -- before me, personally appeared A �,,,, 6I - .,1 .,'t- personally appeared - _��_ personally knowrtlo me(or proved to me-on-0ie-basis-oF-satisfactory— personally knorm to me(or proved-[o-n)e-on-lhB basis-of-satisfactory evidence) to be the persons) whose names) is/are subscribed to the evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed within histrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by 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 his/ber/their signalure(s),on the instrument the person(s), or the entity upon behalf of which the person(s)-acted,executed the instrument. upon behalf of which the person(s)-acted,executed the instrument. WITNESS my hand a`amfiicial seal / ,rrF' WITNESS my hand and official seal. r Notary Signature: NotarySignat'ure/�`^\..f.;^n,�, Notary Seal: Notary Seal. DIAPdE RIOGFIRS ROSS r•rni, toLnL'iF9 �251+F z � r g 711 Lat �ex. . Corq w nn ' 1 6 ✓2 C9r a1w4rr �!{ � C etaZoraf4a '�� , z x 1 ttbt¢ry e teE, C �leTulnsss RtrmrsirPu 4,aarnty 17 I��`v T,� tF Ri rar"No,Ci") rfim P�yCozT,.m C"moa,, Sun7t3,M,'X;E'A rul °^9 T4'sxwueaga _ �n�w.'?�:-t",n^�^�l•:r �1 ZV. - EXHIBIT "A" SCOPE OF SERVICES Contractor shall repair and rebuild Araby Drive at the Palm Canyon Wash. Cleanup shall consist of removing all dirt and debris from Araby Road and spreading it on-site in the public right-of-way. Repair shall consist of 3" of AC %2' medium AR4000 over compacted native material. Roadway dimensions shall match those that previously existed. Grades and super-elevation to be established to the satisfaction of the Contractor Officer. North (downstream) side of Araby Drive shall have a VxT deep 4-sack concrete cut-off wall constructed. Quantities and costs are shown in "Exhibit B". All work shall conform to the Standard Specifications for Public Works Construction, 2003 Edition. Contractor shall pay higher of State or Federal Prevailing Wages. EXHIBIT "B" SCHEDULE OF COMPENSATION Total compensation shall not exceed $74,887.50 Services provided shall be compensated at the following rates: Item Description Quantity Unit Cost Extended Cost 1 3-inch AC Paving 14,205 SF $ 2.50 $ 35,512.50 2 4-sac concrete (1'X3'X400') cut-off 400 LF $ 23.00 $ 9,200.00 wall 3 Rough Grade & Spread On-Site LS $ 18,275.00 4 Fine Grade LS $ 11,900.00 TOTAL COST $ 74,887.50 AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. 5039 WITH DATELAND CONSTRUCTION COMPANY, INC. CLEANUP AND REBUILD OF ARABY DRIVE The following articles of Agreement No. 5039 are hereby amended as follows: 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 Eighty Four Thousand Six Hundred Seventy Three Dollars and Fifty Cents ($84,673.50) ("Contract Sum"). SCOPE OF SERVICES (Exhibit "A") - Please see attached revision sheet, for services added to scope and quantities reduced in scope. SCHEDULE OF COMPENSATION (Exhibit "B") - Changes are reflected in Item 1, lowering the total square footage. And Item 5 has been added to the Schedule of Compensation. Please see attached revision sheet. Dateland Construction Co. Araby Drive Cleanup/Repair Amendment #1 AGREEMENT #5039 EO 2004-01, 5-16-05 Purchase Order Number(s): 516169 Agreement Number: 5039 Original Resolution Number: 04244w`' Z604 61 City Council Approval: January 12, 2005 Original Contract Amount: $ 84,875.00 Amount of Decrease: $ 201.50 Amended Total: $ 84,673.50 Account Number(s): 001-4201-43200 SIGNATURES ON NEXT PAGE 0lpvpl-(���li��P,t.xi� D [ tt Dateland Construction Company, Inc. Cleanup & Rebuild of Araby Drive Amendment No. 1 ATTESTS CITY OF PALM SPRINGS, a municipal corporation City Clerk �1 City Manager //y 99 cement one=/_ ader $25,000 f APPROVED Btu(;I�r'�Mee_ Reviewed and approved by �a, Eb�dq 44 Procurement & Contracting ° rf Inilials ° Date`p)l 10 CONTRACTOR: DATEL+W�q ,# C N CdI9157M, INC. APPROVED By CRY MANAGER 'Yv f�!,iSCv" EJ�.•lde>f'7iL•':1 r��,il '%�EId!.�:; Mailing Address: 50-305 Highway 111, Coachella, CA 92236 CONTRACTOR: Check one:—Individual—Partnership korporation 4 By: /b v, :� By: Sigriatur ^(notarized) Signature(notarized) Name:`J.aCnfS V .rP(L'Vt'Pir + Name: Title:� 'Or_k_I— I SecVe+ccry Title: (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) � (("" Assistant Treasurer) State of `.(,1 1 R-3 r' i'l 1 o. I State of I Countyof lU<_rSl!)1P )as County of )as On ni o,, r T Q O I before me, On before me, i7<a;t2 t?GrrP.>l�o.sS.i1CYFG_ry 9-�:..blic. personally appearbb tirm,s 0_Kkc'iyr+ personally appeared ______ personally known to me(or-proved-to-me-on-tlte-basis-of satisfaetory personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(&) whose names) is/are-subscribed to the evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to no that he/shefthey executed within instrument and acknowledged to me that he/she/they executed the sane in his/heatheir authorized capacity(ies), and that by the same in his/b er/their authorized capacity(ies), and that by hiAedlheir signature(s) on the instrument the person(s), or the entity hisArar/their signature(s) on the instrument die person(s), or the entity upon behalf of which flte person(s)acted,executed the instrument. upon behalf of which dte person(s)acted,executed the instrument. WITNESS my handEfficialseal WITNESS my hand and official seal. Notary Signature: ..✓..e- /�-r�,c.,..,- Is.-r-: Notary Signature: Notary Seal: Notary Seal. i.}0-NIE Rf,`143ERS F8OSS _ Cnrnnti;Y„ion#13E2914 z ZQWC:w-,Nn_ NoWry Fnulshc-Calffomia s Rivaraide Countp Expinas.lun 29,2006 EXHIBIT "A" SCOPE OF SERVICES Contractor shall repair and rebuild Araby Drive at the Palm Canyon Wash. Cleanup shall consist of removing all dirt and debris from Araby Road and spreading it on-site in the public right-of-way. Repair shall consist of 3" of AC 1/2" medium AR4000 over compacted native material. Roadway dimensions shall match those that previously existed. Grades and super-elevation to be established to the satisfaction of the Contractor Officer. North (downstream) side of Araby Drive shall have a VxT deep 4-sack concrete cut-off wall constructed. Quantities and costs are shown in "Exhibit B". All work shall conform to the Standard Specifications for Public Works Construction, 2003 Edition. Contractor shall pay higher of State or Federal Prevailing Wages. Remove asphalt concrete piles from Indian Canyon at the wash to Z Best facility in Thousand Palms, California. EXHIBIT "B" SCHEDULE OF COMPENSATION Total compensation shall not exceed $84,673.50 Services provided shall be compensated at the following rates: Item Description Quantity Unit Cost Extended Cost 1 3-inch AC Paving 14,205 SF $ 2.50 $ 35,512.50 2 4-sac concrete (1'x3'x400') cut-off 400 LF $ 23.00 $ 9,200.00 wall 3 Rough Grade & Spread On-Site LS $ 18,275.00 4 Fine Grade LS $ 11,900.00 5 Remove AC from Indian Canyon Wash 8 hrs $ 125.00 $ 1,000.00 -644 Loader/Operator 9 hrs $ 70.00 $ 630.00 -Water Truck/Teamster 80 hrs $ 93.75 $ 7,500.00 -End Dump - 10 Trucks 8 hrs $ 82.00 $ 656.00 -Foreman TOTAL COST $ 84,673.50 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR Cleanup and Rebuild Araby Drive at Palm Canyon Wash THIS CONTRACT SERVICES AGREEMENT (herein "Agreement') is made and entered into this \V� day of �U-XX 2005, by and between the CITY OF PALM SPRINGS, a municipal corpor tion (herein "City") and Dateland Construction, 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 hereto 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 Eighty Four Thousand Eight Hundred Seventy Five Dollars ($84,875) ("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 Exhibit "B" Schedule of Compensation. 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. Ron Walters 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. Pete Agres, Street Maintenance Manager, 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. H:\USERS\ENG\Contr.Agreements\Dateland-Araby Cleanup and Rebuild-Jan05.wpd r. 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 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 AND INDEMNIFICATION 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 a least $1,000,000 bodily injury and property damage including coverages for contractual liability, personal injury, independent contractors, broadform property damage, products and completed operations. The General Liability Policy shall name the City of Palm Springs, its officers, employees, and agents, as 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 such amount as will fully comply with the laws of the State of California and which will include $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 $500,000 bodily injury and property damage, Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. Policies of such other insurance, including professional liability insurance in a minimal amount of $1,000,000 if contract has professional liability exposure, as may be required in Exhibit "A". All of the above policies of insurance shall be primary insurance. 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 or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. H:\USERS\ENG\Contr.Agreements\Dateland-Araby Cleanup and Rebuild-JanO5.wpd -2- 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 person 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 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. 5.0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force until January 31, 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 H:\USERS\ENG\Contr.Agreements\Dateland-Araby Cleanup and Rebuild-JanO5.wpd -3- 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 Apainst 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. 6.2 Non-liability of City Officers 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 H:\USERS\ENG\Contr.Agreements\Dateland-Araby Cleanup and Rebuild-Jan05.wpd -4- 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 nondefaulting 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 (1) 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 H:\USERS\ENG\Contr.Agreements\Dateland-Araby Cleanup and Rebuild-Jan05.wpd -5- IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. ATTEST: CITY OF PALM SPRINGS,a municipal corporation City Clerk ! City Manager � -,A$ P.OVED AS TO FORM: By: y City Attorney CONTRACTOR: Dateland Construction,Inc. Check one:_Individual_Partnership_Corporation 50-305 Highway 111 Coachella,CA 92236 Corporations require two notarized signatures: One from each of the following: A. Chairman of Board, President, or any Vice President:AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). 1 By: By:_ �—� S aturre(notarized) Signature(notarized) Name: ,-J �-VY! e- 1!/, it i 1 C 6r Name: Title: / r'B -5 ��e- ✓c T 22 V l/ Title: Address: 'a C2` -�O� 1 t14,, �lJ Address: a�hAlA.r 4 State of Qcd ere,r State of I County of Iss County of Iss On f�e)oCe..Ct L- 3 , �200 S before me, On before me, �iix.n.2�ion,c'rc i�vsS Vrlr��_su d�- ._✓ooVec. personally appeared Sc,:pcs Ri C6'-d personally appeared personal) known to me (or-proved-to-me-on--the-basis-of personally known to me (or proved to me on the basis of satisfactory-evidence) to be the person(s) whose name(s) satisfactory evidence) to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herftheir to me that he/she/they executed the same in his/her/their authorized capaaty(ies), and that by his/her/their signature(s) authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. which the person(s)acted,executed the instrument. WITNESS my hand and official seal._ WITNESS my hand and official seal. Notary Signature:fiS\f..;;e1-;2.:� A`+ C4iJ 'ter ! Notary Signature: Notary Seal: Notary Seal: Agreement over/under $25,000 Di 1NE ROPERS ROSS Reviewed and approved b Commission 0 4 lip y Nntary Public-California Procurement & Contracting Rive "do County fayco� ra,i �unzg,zoa6� Initials -W Drat P.O. Number H:\USERS\ENG\Contr.Agreements\Dateland-Araby Cleanup and Rebuild-Jan05.wpd -6- ,,n.: . . SCOPE OF SERVICES Contractor shall repair and rebuild Araby Drive at the Palm Canyon Wash. Cleanup shall consist of removing all dirt and debris from Araby Road and spreading it on-site in the public right-of-way. Repair shall consist of 3" of AC 1/2" medium AR4000 over compacted native material. Roadway dimensions shall match those that previously existed. Grades and super-elevation to be established to the satisfaction of the Contractor Officer. North (downstream) side of Araby Drive shall have a TxT deep 4-sack concrete cut-off wall constructed. Quantities and costs are shown in "Exhibit B". All work shall conform to the Standard Specifications for Public Works Construction, 2003 Edition. Contractor shall pay higher of State or Federal Prevailing Wages. H:\USERS\ENG\Contr.Agreements\Dateland-Araby Cleanup and Rebuild-JanO5.wpd -7- SCHEDULE B SCHEDULE OF COMPENSATION Total compensation shall not exceed $84,875 Services provided shall be compensated at the following rates: Description Quantity Unit Cost Extended Cost 3-inch AC Paving 18,200 SF $ 2.50 $ 45,500 4-sac concrete (1'x3'x400') cut-off wall 400 LF $ 23.00 $ 9,200 Rough Grade & Spread On-Site LS $ 18,275 Fine Grade LS $ 11,900 TOTAL COST $ 84,875 H:\USERS\ENG\Contr.Agreements\Dateland-Araby Cleanup and Rebuild-JanO5.wpd -8- r�t+y3,t-07-2005 MON 12:55 PM CITY OF PALM SPRINGS y {v�� FAX NO. 760 322 6325 P, 01 A��.a0klt),u.,,.. ."....,..,,.•TI''irrr5ti'!,� ' R(Si------ ._---.,--•LIABILITY -'--- L� 1 i ,..., T_EG�N --__...._. Y l TIFI. 6 ITE OF LIABI -....__-Y ._ RA INSURANCE _ o;i�olo�,rr,YYYYI t'HOT,tua I': THIS CCR'rIFICATE lS ISSUED AS A MATTER OF INFORMATION tg12Wi In:r44rTgieye Srtvi+>t u;, es9 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE .i Df1IYIl;tn L`::rIYF I.IGa;FY)k;�Eih 03 IIOL DER,THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTERTHE-COVERAGE AFFORDED L3Y THE.POI.Ic s -------- I"." R1 00'vlp't, CA %1211 INSURERS AFFORDING COVERAGE NA IC It ua'rr.lr<hp � Irvsuaca n: James River 12203 I],rCra4.nLI t;GYl;Aludion Go Inc INI:;URERIL Safeco Ins. Co.of America --- vG-�1051IWy'111 mcuREtac State Fund d,oaohfrllla, 0A 52230 - IN"URr.,R D: t-JI°IPJ;)URAD1UFi 1-I:if6D CIE1.gWIlAVf�F1ECN l.'S5UftOTO'I hIF:INfiURFO NAMF.DARCJ~~,•�,.��-�.-~^,�,���-��-_--------- -- T 'r1111CIIF ABOVE FORTHF POLICY PERIOD INDICATED.NOTWIll[STANDING P'Ily f:d'QIJVI.�IAI:'NT',iI OR CONDITION OF ANY CON'i RAC"['OR OTHER DOCUMENT WITH RESPFCT TO WHICH THIS CER 0FICATE MAY DE ISSUED OR T,111'I 11 t¢'INN,'1 FII':Itl"d1RAFiCE AFFClr:f ICIJ P,IYT'V1CiF'OL,I(';IGS D('l'lCllIDf'D HEREIN I$SLJ8JECTTO PlA.THFTERMS,FXCLUSIONSAND CONDITIONS OF SUCII l''lPl,l(:IC'Si P,3GFA,0AI'C I IrAl[$GI OWN MAY HAV(I:r1CRNRFOWC'FDFY PAID CIAIMS- Lkt1p,k r:,t..,.... ..-:Y1'PC YYF IN:rUIlhNI;f.I.. ,..,_....`„_.POLICY' ,_,-_"-_—._— {➢TF�MMfDDNYt_-P UATF IMP�LMJN—._............._,_.•....,.,_..,.,�.,.___,_...,..._.._.,.... nY lU.LIAI'VUIYY 17G41D8ft8U 01/93105 01l15fOFr FnGllorruRarNt^r - I.rsv_- _._..__ .__....-.. Y NUMBER LIM rR N:Iltl..._._.. •PR)MIiLsIF.3 ITEM -- r,_un3,w!.hclnLcr.Nlrint"IIA�t11Lnv PpIML^.re,IF, . .,CInh9'i tiAl1F � '}(�Oi;la)R _ML-I']iP.xh(M,Y ono S ner„on)_ }� q'.Wfib t`pc kfcjJ0u0 _.. Pr_RONAL&ADV INJURY s2,000,000 GFN56N.L —II-- ... ., .., ACGRrcn72 - VrLlr.`i I'C IQ: PRODlJCM„.COM IOPA C -^.Trs.cnninfMF Acr, a,2 000 000 .._.,---------.._...__ r.... c.,. ._....._ -._.. � AtrvnN'p�.LjlFi)i 'i3-...-_--`�_---...._.. 5/05 Oi115106...,,,._. (e�oc cnI) ..—.—_---- AUjgiMyl{LNLInzIILrrY OtCrs'I%i� ?tk10 Oil1a COMIiNFOSINOLG LIMIT c41 51,000,000 ~ Al t pSVJ41JI AIITQ4' iinllIt.Y INJURY ." .... - ..(.MIruut{D AU I0a leer pono,q I III:1 U Al IJS BOr.+eY INJIIhtY 110H ov'd1 a:O,w Kin (I'cr;irtlJl:nl ln�l rn nUr„q NT ,,AIaAll' I.IAYiILnY •-^--"-.T^ •_ OTHPRNLY,,.• TAAGC__._ _ l nfIY A,U Ii? _ ....I AUTO D._..... F 5 �...__._. •• ••,• •("h.l.",'9UCoi14J'ef 1 LA LIAR[•I "•,• ••,,•,N• •,, --- FACI I OOCIIRRENCG. l S THAN GLAIM.>MAUI= AGGRLGATE �: .., I e E P.S�rrJlL lif.Gi rlLv•,Ydt R.OYL air l A04,11 nL,Y I')lf)I'I'tIL,UPJI lJIQI ....._..-_..._._ _ ._-__._.-..._—_.��_.._... -_.._w�.......w._-_ _..�.... . ., .. — --_ k U. y 1y��� ,(, _.. I'VNJ:I�II.I Ie1iJ,hNl") z 110E •. ,li��Fi V E.L.IACIf ACGICII"N'I - $1,o00y0 Q0 Da;I./,N'MI Ihni r,1 Jttl:ruul u•t E.L.ONL'Arr.FA FMPL GvrC s1,000 000 ....k.............._.._,. lr i,!.JAgr.IUm:a;'.;, E.L.DI^CA'-P-POLICY UMIr 51,000000 rr I'rdl'It Oliar%lith'(NCNf/F•(rl'l itpolt)ry!$II,PCATif)Nli7Vri NICLf.31 EXCLUSIONSAtlRY-M BY ENOOA,SEMEN••�SPF.CIL••R •ISIO•��-V"� - --T/SPF:.GIAI.PREVISIONS Cfls'i1tlG�xt(i hoGdoY,Ir, also narpod as additional Insured per Fern AP2000US all ootjoing+'w AClini,11pavinU(water &S(lwpr iI Construction oporationS of nalrieti Iru.urrarl 11,)day Ilntiae at caocellatien for non-paYrnonf of premium '1 his f�Ms-tilVcr�Ic if,srutgoct to condidens and oy-duslons contained In th© px'olle t/, rh[or(tir,,._r ................. _ "I-IOULD ANY MF THE PeOVE DESCRIBED POLICIES BE CANCH[Er)RCFORIS TI IE EXPIRATION llatol +SpFinos—I'lli Hrlie DAI E.THENFOF,YHE ISSUING INSURER WILL RD11YOtW331Ut10.MAIL „,30_ DAY.4,WIin TEN th11/I(°-e; I"9(;,I'At, IVO'rIGC'rp THl3 GF.'I'2TIFICATCNDI_M[ft NAMLD TO THE LEr'T:JI)♦,7[pp)(prx0.'1i74AA]G�E[CI)<I0.1C I1,0. Box 2143 JerrAVlxyplm3MRKxpotcpzgytMxcOtra¢�Ixaonxcrxe(alncxtt'�xl�iJezxyrrc7uror�caraxxxx I•'lalryW Sprlrgp• , CA 91262 -- Ali r REP�SfY,e-N I,AT'IV -. L.f.J G•LJ'" c i .r( Cta ilir'LI 1 g4t 9 'I'1N11 C5192 2JPIt+l9 O ACORp CORP•'ORA'1"ION 19R5 FEB-07-2005 MON 12:56 PM CITY OF PALM SPRINGS FAX NO. 760 322 8325 P. 02 Ttita Y:1`400RSF:;IVIENT CHANGES,THC POLICY, PLEASE HEAD IT CARCFULLY ADDITtONAL. INSURED - DESIGNATED PERSON OFF ORGANIZATION This t rrdomc mart rnodifir;n insur,anr.:e providod undor tho fallowing: (.;OMd-IC;In,L Gf NI' OAI. („IAB)LIJX COVi--RAGE f INC)DUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE Ulo 1, fin "Ir,urY'stl" i y amorided io Inolude as an Insured the person or organlzalion shown in the Schedule as an Additional Ira,;iarrxi. "I ho r:overago afforded to tho Additional Insured Is solely limited to liability directly caused by "your work" whirls i�. 11np[.dlcd if)Ifip Adalit'ional Irisurod.Whore no coverage shall apply herein for the Named Insured, no coverage or rlofr"I'v'o s;hfrll ba offoriied to the ALliiltional Imsurcd. c^twr.,r ago dog . net apply to 111.3gdily injury", "property damage" or"personal and advertising injury"; 1.AriFinr1 nul: of the t,aa71 rirgliwlsarror:: of the Additional Insurod; 2.Ari;;intl (.+r it pl II ro caaimud negligence of tho Additional Insured other than that directly caused by"your work"which shall t)o in)pt Ifcd W th(,,, Additional Infwrod; di( ` tarry r.gnp oyoo of the Nt)ntod Insured or to any obligation of the Additional Insured to indemnify another because of drarrct[Irrs ar9 ,'r ip o!.it of such Injury. Ir:t..11 OTNf.R"l'Ef$ S AND CONDITIONS OP THtr POLICY nEMAIN UNCHANGED. P+slic,y Isseuori"Yer: b ateland Conziruction Co Inc Gi4roors J<alitov't Rivoi" Policy P 000080%1 Pblft;y t::lY'rxa6ivxf Ndrrfr+s OV'15/200514 111/1517006 Ai,rtOQiAK; 04 03 M E M O R A N D U M TO: Mari Lynn Boswell, Administrative Secretary Procurement Office FROM: „' I Kathie Hart 1&/ Chief Deputy City Clerk DATE: February 15, 2005 SUBJECT: Dateland Construction A5039 cc: Jay Thompson, City Clerk File Attached are three duplicate copies of the above referenced Agreement . We have retained the original our files. Please feel free to contact me if there are any questions, ext. 8206. /kd h attach. CONTRACT ABSTRACT Contract Company Name: Dateland Construction Co Company Contact: Ron Walters Summary of Services: Emergency Cleanup/Repair of Araby Drive Contract Price: $84,875 Funding Source: 001-4201-43200 Contract Term: One Year Contract Administration Lead Department: Public Works & Engineering Contract Administrator: David Barakian/Pete Agres Contract Approvals Council/Coumiuiuty Redevelopment Agency Approval Date: January 12, 2005 Minute Order/Resolution Number: 21179 Agreement Number: TBA �1 11""' Contract Compliance Exhibits: Ci zu�k f' - Signatures: Insurance: 6UC' Bonds: �n Contract prepared by: ? Submitted on: cZ� By: �Yf�, o_ €��-LGw.�_ ,i ��- i,