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HomeMy WebLinkAbout05032 - PRECISION POTHOLES PLUS CLEAN CATCH BASIN STORM DRAINS f 4 t Precision Potholes Plus l � ,cam Clean Storm Drains 7 AGREEMENT#5032 Dept Head signed 2-7-05 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR �\ l Precision Potholes Plus se SHORT FORM)) i THIS CONTRACT S VICES AGREEMENT (herein "Agreement") is p/ade and C73/o`1f entered into this1AJay of 101 by and between the CITY OF PALM SPRINGS, a municipal corpor ion (herein"City' a d Precision Potholes Plus (herein "Contras or"). — NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR \ r�' l i✓' 1.1 Scope of Services. In compliance with all of the terms and conditions of this 11\ll Agreement,the Contractor shall perform the work or services set forth in the"Scope of Services" �\\,'1 attached hereto as Exhibit"A"and incorporated herein by reference. Contractor warrants that all `\ l work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. Schedule of Performance to comply with Exhibit"D" 111 NOii� 1.2 Compliance With Law. All work and services rendered hereunder shall bel( 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. �Jp ip,1 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. J, I-% r- 2.0 COMPENSATION ( )"1 2.1 Contract Sum. For the services rendered pursuant to th' greerrtent, Contractor shall be compensated in accordance with the "Schedule of Com sa ion"-attached hereto as Exhibit"C"and incorporated herein by this reference, but not excOoirfg the maximum contract amount of Two Thousand Seven Hundred Forty-Five Dollars and o cents ($2,745.00) ("Contract Sum"). 2.2 Method of Payment. Provided that Contractor is not in efault under thy/ terms of this Agreement, Contractor shall be paid as outlined in Exhibit S�Sedule of Compensation. 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. Cherrie Becker 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 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. FI:IUSERSIENG\CorrespondencelPrecisionPotholingPlus-ServiceAgrwinent wpd �y Precision Potholes Plus Clean Storm Drains AGREEMENT#5032 Dept Head signed 2-7-05 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR Precision Potholes Plus --------------------------------- (SHORT FORM) THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into this ay of by and between the CITY OF PALM SPRINGS, a municipal corpor ion (herein "City" a d Precision Potholes Plus (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. Schedule of Performance to comply with Exhibit"D" 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"C" and incorporated herein by this reference, but not exceeding the maximum contract amount of Two Thousand Seven Hundred Forty-Five Dollars and No cents ($2,745.00) ("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 "C" Schedule of Compensation. 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. Cherrie Becker 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 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\Correspondence\PrecisionPotholingPlus-ServiceAgreement wpd -t- 3.3 Prohibition Aqainst Subcontractinq 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, 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 B. All of the above policies of insurance shall be primary insurance. (Reference Section 4.4 regarding sufficiency.) The insurer shall waive all rights of subornation 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 eventthe 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 H:\USERS\ENG\CorrespondenceTrecisionPotholingPlus-ServiceAgreement.wpd -2- R y 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 orclaimed 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) Contractorwill promptly pay anyjudgment rendered againstthe 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 Performance Bond. Concurrently with execution of this Agreement, Contractor shall deliver to City a performance 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 bond 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 bond 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 Surety. Insurance or bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" 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, 2005 H:\USERS\ENG\Correspondence\PrecisionPotholingPlus-ServiecAgreement.wpd -3- 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 Aqainst 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 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. H:\USERS\ENG\Correspondence\PrecisionPotholingPlus-ServiceAgreement.wpd -4- 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 (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 H:\USERS\ENG\Correspondence\PrecisionPotholingPlus-Se"iceAgreewnt.wpd -5- 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 municip�Lcorpor By: By: 1 City Cler Director f ro a nt Contracting �o3d Director of Public Works/City Engineer Corporations require two notarized signatures:One signature must be from the 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: Check one:_Individual_Partnership_Corporation Precision Po le�Plus iS g re(notarized) Signature(notarized) Name: 194 `—I Name:(7'/-f- Title: Title: (This Agreement must be signed in the above space by one (This Agreement must be signed in the above space by one of of the following: Chairman of the Board,President or any the following: Secretary, Assistant Secretary, Treasurer, Vice President.) Assistant Treasurer or Chief Financial Officer.) State of C.U. I-CC(''(\ CJ State of l,r�'� 1-1-6 v 1.L,t(Q), County of'R Nef c edc)ss County of j7,:(W s idw)1,Ss p On)unu6r�A 31a loreine,l oi'Y1 c�Rw { . that LI('dbktL On \j al, beforeme l.0,VY1C• PA.( ,n� �P4/ra�iG personally appearedltOlf]Era'�•1✓i�q 0 -I�tT personally appearedhpXl `[^.r, `Cp A`- (or proved to on the basis of satisfactory •pe nftRy-krmvm,to-me(or proved to me on the basis of satisfactory evidence)to be the person(aj whose name(&)Ware subscribed to the evidence)to be the person(a)whose namo(4is/are subscribed to the within within instrument and acknowledged to methathe/she/they executed the instrument and acknowledged tome thathe/she/Hw xecutedthe same in same in hisduMbeirauthorized capacity(ies);and that byhisAserltrxx Iii herkh&authorizedeapacity(ies),mdthatby{uslher/the4sigpaturo(s) signature(s)on the instrumentthe person(s+,orthe entityupon behalfof on the instrument the persortM,or the entity upon behalf of which the which the person(m)acted,executed the instrument. person(s)racted,executed the instrument. WITNESS my hand and /official seal. WITNESS my hand and /o��fficial seal. rn�/ Notary Signature: Notary Notary Signature: `,(AA Rt9 Notary Seal: Notary Seal' CARRIE ROVNEY t CARRIE ROVNEY C CommISSIon# 1348457 Y i I Notary Publ Riverside County ic-California q ] Commission#1348457 ' 901My Notary Public-California > MY CommRlversideCounty _ _ _ _ Expires Mar26,2006 Comm.Expires Mar 26,2006� • • • W H:\USERS\ENG\Correspondence\PrecisionPotliolutgPlus-ServiceAgreement.wpd -6- EXHIBIT"A" SCOPE OF WORK To provide one time service for all trash, sand and debris to be removed and disposed of from each catch basin / storm drain structure at eight (8) locations. A total of 14 catch basin / storm drain structures to be cleaned. See attached maps for locations of catch basin /storm drain structures to be cleaned. H:\USERS\ENG\Cotrespondence\PrecisionPotholingPlus-ServiceAgreement.wpd -7- EXHIBIT"A-1" m N n „ A y 00 cy tv C SCENIC a IDG, GEM A�...��. im 0 (o 3 o S BELARDO E d MESA DR�"�' "ry m N001Va W-lvdr440 1500 jm ! 1200 1v Cn k r i to a ..�. �E '. �� i� VIA SOLEDAD� O RAMITAS WYI � � VIA . . , SALIDA m, ?o 3 r :CORAL LN r b LEI PALI p DR a DR m O .w, _. , i. ,w° z °�� nit ooS -C�GRT y,o' r mO 7a �K qm WY GINGER CL PALO j� g _.n,.r-. . e._._. __ .,._... _. SAFARI W ID INDIAN TR oC � MILE r3 r�Ld '�,,. ^�o� a OASIS ,o D CAMINO d �._ ... . r rn Z ARABY j _ _.. _. , 3 o z m `yWd�.. µhp o D '' ANETTA DR r a C...yR o -C. m. ._ .`_,_.... � AQU IS � F� �d d� o s n o d DEEP WELL RD � � � dam_ ,.,W�W.w C)kl . �_,. ..... .. _ � VERANO q�� y.p'CdflVN > '�APACHE_E,n Z � DR z m 9 Qo �� CIR (m o 'H:�USERS 9 es o iC7 D a PINTO ego y. p nd�3��Irg��§fonPat147A1 12NY6FSetvicne4cement.wp PRIMAVERA A G H J A 3 786- WY -TOMMY C7?cFF DR JACOBS ;s220 p _ BEI AIR. 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' m A I'.I: r 3 3'., x,, '✓j ��at`r jv+ "' �D 4 �o 'o �O �r"- r�-- #m � ; . > i ti k �VD EVELETA_J_�1 a O _ . Goy' a 70- Py u,a °rr"- o s -o a i lra zt� I_ 1 a� r� `� s C ) yt.. N VISIA. .yAl pN W 1�' ~ r Wr a ze �,,... �4�^ m I S PASEO� DOROTEA d`� a v m N H:\U"RSTNG\Correspondence\PrecisionPotholingPlus-ServiceAgreement.wpd -10- �1 J 11 00 ! CX] 1101T A-4" O) 0') 00 N w 3 N � O a a A � A� Boa' 6) n 4 yiQ �o ( m AND9 �'.� 1 r- GHQ NdO W-ld eS 260�0' ja 2300 �� t z.c.. MAD ..,...j A o ��= DR n SIERRA � o .. .W_ -, �70 o z (z g m �RE _. _ .. DR , 3 q ...........v.."...._ .. .._..m....a,....-._ cm n x N ....,.,_...w i C�i y cam' $o D 1.. -------- ;a m D n, j �F�1 as ; 1 gym o p VIA O o= Cn Z n O Hl��sn -71 C) o _ z ... .._.. ._. ° �._ 2400 � oc, .PALO . , FIERRO, CALLE, � a 1 e© ., VIA LAZO S ��9 CAMINO 2,50 v Rio ; ALHAMBRA a m ,3 _�. N as S 5Fs ? m DR Qs 40 V YOSEMII DR m H:\USrRS\ENG\CorrespondenceTrecisionpotholingplus-ServiceAgreement.wpd _11. E� w N o XI IIBIT "A-Y N m MARRGo /� p m ,0 3 D LUSSO A `f ��m C J-CIOo I�GOLDENRO[ � car I� o ,.� ,,.- LN �� ? VIA ROBERTA 9 mo m� S ._,Id3bQNb CD OD to u HS M NO�Nt 7 l97 d ¢( Z f MARACAIBO co _� o o o a CjR W o,= C D p a �MARACAIBO CIR - � •. �� ONA r 0 00Ls E �a oo �- Ro ,.. AIM._ 12 3008 " .. m ' S1 _ Sd 4 3aaNd >� ' o .•... > c#r }c: � orn 0 r z moo m /� G) O N i O O A -1 O y W = N N W N H:\USERS\ENG\Cotrespondence\PrecisionpotholingpluaServiceAgrecment.wpd -12- m Q EXH161T A Q' 00 A .w_ , M3ti38 3188 f b3ZIn r1, o N' 2500 as so� i ,moo �31SSodo � h ` F ; oo`� � n `DRA' 4�. s o S HOOL "I w ti ��p9 A o .m RD b twozr CIR �Ay Dontz��o-DR _ i �$ o m �° CD Go RUSH pro r o >_ a JUNIPER DR €z � N o k t� 0 1¢ 0 3� VWltld is , CAC � �� < m Lf VERD' _?> LAWRENCE ST' m DANIE(,/ r o � .. F � CIDR 1800 C mPp a' •• p,.- - �"`""p Q Ear r �s ' .�D @�..m.A�...�.,.......,... m r �..�$�.'......�Siv ABAJOt• `�-� o m ~; '%�go� MARGUERITE ST 'm d KIRKWOOD f��IR LE ARR IAi71, �o fri ti G� ti t d o Cr� WAD I m _ r m , o o LORETO SHIFTING . j 5EV E N OAKS ........_ _ . QR z ._WHISPERING S r 1a E r° l Sd a m pp989 � � o l z n E o CL ? �= p l �a LAS PALMA� _• 3i,. .:ion ' ( PUEBLO n 0 z n z 0� ;_.dG'g`NOANdO �Vd 63HiVO � N A H.\USERS\ENG\Correspondence\PrecisioltPotholuigPlus-ServiceAgreement.wpd -13- B C 7 D 9 ESCANABA ST E� 10 FONDULAC ST 11_ GERONIMO ST ARENAS 12 HIAWATHA ST /�� _ .�m. . z_ _ :Q ...D 2 W 13 INDIAN PAW ST 2; o' o; �;' zz` �•�n Utz JN' r 0 Z 14 POCAHONTAS ST C) � _� w i MUS — 2 15 WIGWAM ST 16 TOTEM POLE �� y, m BARI `TO b v, RD 17 TOMAHAWK ST is 500 400 w 100a Baristo Baristo iTHE RdG z i m PaNGn-_�. o 'Rd f¢ l/INEY4R0 - u WY m � i� i P SANTA , a'ROSADR .E w 6 0 I — z v ✓ l pCENCIq, = s LINDA ;VISTA DR _,.:;LN J w 700 $ z? RAMON RD 200 NOW 100E z �4 seu ! ¢ w z z Q'3 3 a CAMINO z CAMIN0 am PAROCELA z BIG CANYON pAROCELA I v> 1 BIG CANYON DR E Q' 11 BELARDO N BIG CANYON DR S SUNNY —�� raHoarrz CREEK G a v / U 4 c7 • � �, 4 w B C 02004 Thomas Bros. Maps 'Q 400 Baristo Rd:Palm Springs, CA 92262, 786D2 D E itl 400 Baristo Rd: 1328 E Amado Rd, Palm Springs, CA 92262, 786D2 it, 100 Baristo Rd:Palm Springs, CA 92262, 786D2 EXHIBIT "B" SPECIAL REQUIREMENTS Business License Requirement: Contractor shall possess a valid City of Palm Springs Business License throughout the term of this agreement. H:\USERS\ENG\Correspondence\$ecisionPotholingPlus-ServiceAgreement.v pd -15- EXHIBIT C SCHEDULE OF COMPENSATION The following schedule of values for each location is as follows: Location Quantity Rate Total 1. West side South Palm Canyon Dr at Twin Palms 2 $275.00 $ 550.00 (4 ft. wide x 12 ft long x 4 ft deep) 2. North & south side of San Martin, east of El Cielo 2 $ 95.00 $ 190.00 (4 ft. wide x 4 ft long x 2 ft deep) 3. NE Corner of El Cielo and Sunny Dunes 2 $350.00 $ 700.00 (4 ft. wide x 20 ft long x 4 ft deep) 4. West& east side South Palm Canyon @ Granada 2 $ 95.00 $ 190.00 (4 ft. wide x 8 ft long x 2 ft deep) 5. West side Bogert Trail @ Ave. Sevilla 1 $160.00 $ 160.00 (4 ft. wide x 6 ft long x 4 ft deep) 6. North side Martha @ Lawrence 2 $ 95.00 $ 190.00 (4 ft. wide x 4 ft long x 8 ft deep) 7. E & W on Lawrence, mid-block between Ave. 34 2 $ 95.00 $ 190.00 and Martha (4 ft. wide x 4 ft long x 2 ft deep) 8. W side La Mirada, mid-block between Ramon Rd 1 $575.00 $ 575.00 and Sunny Dunes (4 ft. wide x 14.5 ft long x 5 ft deep) Total 14 $2,745.00 H:\USERS\ENG\Correspondence\PrecisionPotholuigPlus-ServiceAgreement.wpd -16- EXHIBIT"D" SCHEDULE OF PERFORMANCE Contract Time: Work to be completed within five (5)working days from date specified in Notice To Proceed. Work Hours: Working hours consist of 7 A.M. to 3:30 P.M. Monday through Friday. No work on the weekends or holidays. H:\USERS\ENG\Correspondence\PrecisionPotholingPlus-ServiceAgreement.wpd -17- Jan 19 05 07: 22a Precision Potholes Plus 760-328-9133 p 2 n",27,2Ii04 0;`55AM SCHEL g EG_GERT NO.970 o-1 . CEP urIFICATE QF I_IAHI!ITY INSURANCE OP m m DATE IA MIDG1eii,j PRECI-4 L 12/27/04 PRODUCED I I T•AiS CERTIFICATE IS ISSUED AS AMATTER OF INFORY..l:TION Schell. G Eggsrt Invs!cance-i ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Licanse 1OB10778 I HOLDER.THIS CERTIFICATE,DOES NOT AMEND,EXTEND OR 1 1901 Paythaen Road I ALTeR WE COVERAGE AISFOR064 6Y T%€POLICIES BELOW, 9an Diego. CA 92111-1606 I' Phone 1856-541-7177 Fax-.056-541-7821 Rl3LIRERS AFrORDING COVERAGE I MAIO f Ixs'"—tlpEp - INSURER A. Colony Insurance Co, _1 INSURER 0 If PraCieion Potholes Flu Inc, INSURII 42-335 washiLT toms ggt_ 1k393 B:SURERO, Balm Desert 92211 tnsvRER E_ COVERAGES THEfi+LVOIcCO".NSUPARCE LISTED EELGW HAVE SEEN IGS"tEP TO THE+NaUREO NAMED ADQYE FOR THE POLICY PERIOD INDICATED,NOIWSTHSTANDLi ANY REQUIREMENT,TERM OR CDNohjION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES UESCRIBEU HEREIN}5 SUBJECT TO ALL THE TERMS,E LUSKPLS AND CCU-4XWFS CP SUCH POOCeE9.AGGREGATE IPUTS SHOWN MAY HAVE BEEN REDUCED PY PAID C-Ai RP.f111ApO'LlR HGF TTPEPFttf84RAN<:[ I pC►OLICY NUMBER - LIMITS GENERAL IUABNITY 1 EACH OCCURRENCE _I s SOOOOOD 'OKantrt to Henlm s100000 2L X. CPkMEACUL GENERN.-1I.lABIUTY C;L150826 12/22/04 12/22/05 PIEMISES(Ea oeeusnaA) GlAIMS MAtlE C- 1OCCUR �DE%P("one pinml I35000 1 PERSONAL A ADV INJURY Is1000000 I GENERAL AGGREGATE I l2c)00000 IGEN'LAGGRE{GGAT!E LIMIT APPLIESPER, I PRODUCTS-OOMPIOPAGO s2000000 KIDf JEL'T i�LOC ABY 11111LELIABILINN Is COMpINEO SINGLE LIMIT ANY AUTO INS w IEA Y.openi} 1 I ALL OWNED AUTOS IS CERTIFICATE F II~RSiTF �} T7 BODILY INJURY SCHEDULED AUTOS QQQ{{{1 C p TI F+ `1 � '(Fwpwwx�} HIRED AUY08 `I`T�)f` -'r -'��`�• ^ r� Tyi♦v�I'TU^C i �• BODILY INNRY �S 1 NONAWNEOAUTOS A` EARLIERCERTI FCY'TE L3,3�,:,f3!IIt3� {vr,tidiMl 11! PROPERTY pAMAGE `S - /YS-'K'QfRI OARAGELIABILITY AUTO ONLY•EA ACCMENT s ANY AUTO OTHER THAN SA A,—C I II ALTO ONLY. ,GO S Irl FJICFSSNMRRELLA U14611 ' j EACHOCCURRENCC OCCUR El CINMSMADE I I„G6KSi y '1 PEPvcTIBLc s } RETENTION 5 I I IS WORKERS COMfi IENSATXBi AND I WLBIP It; �UIH•I EMPLOYERS'LIAINUTY ITORY L!s!!*,e, EP.! ANY PROPRIE7'OR/PARTNERm-X1iI THE ELEACHACCIDENT 3 OFFICfRMIEMBER EXCLUDED? I If tlYAttNe Wtler I 11i DISEASE-EA EMPLOYEE s 3PE4SV+L PfiOVIS1pN3'a — ! ( I i E.L DISEASE.POLICY LIMIT i 1 . OTHER JIf DESCNRNON OF OPEMTIONS!LOCAYIONS lYEHICLBS!EXCLUSIONS ADDED BY ENIJORBENBNT I BT'EgAL PROYIi1PN3 Crrti£icate heldnr is named as an additional insured, but only as respects the operations of the named insured as per form IILT156-0102 Job: clean out catch basins ' **In the event of cancellation for nonpayment, a 10 day notioe applinst' CERTIFICATE HOLDER CANCELLATION CITYPSP SHOULD ANY OFTNE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EYPIRATIDNi UATE THEREOF,THE ISSUING INSURER WILT.ENDEAVOR TO MAIL 30= MYCWWTIRD NOTICETOTHE CERTIFICATE HOLDER NAMEDTOTHEICEFT,,BUT FAILUIRtli DO50 sHAtt j City of Pali(e Springe 3200 East T:shlquitz Canyon Spay IMPOSE NO OBLIGATION ORLIMUMITYOF ANY MAD UPONTNEiNSUPER,HiS Ai�TSOR Jjill P.O.Box 2743 I REPRESENIATP FBI Spri-n9fS CA 92 2 63-27 43 AUTHOP.R T TIYE am sIN , eo eas ACORD 25(2001103) / 0 ACORD CORPORATION THBB v Jan 19 OS 07: 22a Precision Potholes Plus ?GO-328-9133 - P , 3 DEC.27.E004 9:26Rii SCFELL & EGGER T tiG.670 Precision Potholes Plus, Inc• Policy Number: G1:150826 THIS ENOORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - C1WNERS, LESSEES OR CONTRACTORS -. SCHEDULED PERSON CIS ORGANIZATION This erildamement modifies insurance prnwded under tha follOwFrg; COMMERCIAL GCNErAL LIABILITY COVERAGE PART SCIiEDU, C Nara of Person nr O'rgvil"Uen(Addivaner Inaund): City of Palm Springs 32W East Tahjuics Canyon Fay PO Box 2743 Palm Springs, CA 92263-2743 A. SECTION It-WHO 1S AN INSURED is amended and the following added,- The perseri or organization (called "additional lnsurad`) shown in the Schedule is also an Insured but only: a, with respeti to indirect liabillty caus2d by or resulting from your ongoing operations performed for that"addlt dmi Insured($)';and b, when you and the person or organization shown io the Schedule have agreed In writing in a contract or agreement that sUch,pa=,-,or organization be added as an"addtonat insured"on your policy. A person's or cirganizatioWs status as an `additional insured" under this endorsement ends when their eorteract or agmlerrrant with you ends. B. SECTION I--tOVERAGE5, COVERAGE A BODILY INJURY AND PROPERTY OAMALOE LIABILITY, 2.Exclusions f's amended and the following added: Tltis Insuranca does net apply to: Additional Insured Contractual Liablllty 'Bodily fnjury'or"p=erty damage'for which the "additional insured(s)' are obligated to pay damages by reason of the;assumption of 1iablmy in a e-o:,tact or agiftmeni. Finished Opgrrtiony or Work "Bodily injury"oc'pmperty damage": (1) occurring after 'your work", including natc-riais, purls or equipment furnished In cannectlon with such work., en the project (other than servcE, mairdenance of repair;) to be performed by or on behalf of the"additional in_ured(sy at the site of t':e covered operations has been completed;or (Z) Occurring 018r thal portion of"your WOW out of which the Injury or damage arises has been pUt to its Intandediuse by any person or organization. Negligence of Additional Insured "Boglly iryury" or "property damage" directly arising out of or resulting trom the negligence of the "addltlonallnsur6d(s)7, , ALL<M,t F-A TERMS AND CONDITIONS OF THE POLICY IEMAIN IJNCyANGEI:. U156 O7Q2 cage 1 cif 1 Precision Potholes Plus 7GO-328-9133 p2 42-335 Washington Street, Suire F-393 Palm Desert, Ca 92211 Tel: (760) 772-7739 Fax: (760) 772-7749 Email:precisionpotholesQdc.rr.com To the City of Palm Springs, Dec.10,2004 3200 E.Tahquitz Cyn. Way P.O.Box 2743 Palm Springs,Ca, 92263-2743 Dear Craig Gladders, Percision Potholes Plus owners perform all work. There for we are not required to hold a workmens comp.policy. Sincerely, 'ea Chen Becker Precision Potholes Plus 760-328-9133 P. 4 BUSINESS AUTO COVERAGE PART DECLARATIONS PAGE BA I ITEM ONE -- NAMED INSURED! POLICY NUMBER: 25-CC-009611-1 ----- — PRECISION POTHOLES PLUS FORM OF BUSINESS: PARTNERSHIP ITEM-TWO -- SCHEDULE OF COVERAGES AND COVERED AUTOS --THIS POLICY PROVIDES ONLY THOSE COVERAGES WHERE A CHARGE IS SHOWN IN THE PREMIUM COLUMN BELOW. EACH OF THESE COVERAGES WILL APPLY ONLY TO THOSE "AUTOS" SHOWN AS COVERED "AUTOS." "AUTOS" ARE SHOWN AS COVERED "AUTOS" FOR A PARTICULAR COVERAGE BY THE ENTRY OF ONE OR MORE OF THE SYMBOLS FROM THE COVERED AUTO SECTION OF THE BUSINESS AUTO COVERAGE FORM NEXT TO THE NAME OF THE COVERAGE. COVERED LIMIT OF AUTO COVERAGES i INSURANCE DEDUCTIBLE SYMBOL PREMIUM LIABILITY ----------------- $ 1,000,000 7,8,9 $- 1,864.00 ----------------------------- ----------------- ---------- ------- ---------- UNINSURED MOTORISTS $ 60,000 7 $ 72.00 ---------------------------- --- ---- ----- ------ ---------- __- - AUTO MEDICAL PAYMENT'S $ 5,000 7 $ 180.00 - _---------—----------------- ---------------- --------- ------- __------- COMPREHENSIVE - LESSER OF ACTUAL $ 500 7 73.00 EACH COVERED AUTO CASH VALUE OR REPAIR COST ------------------------------- ----'------------- ---------- ------- ------- --- COLLISION - EACH COVERED AUTO LESSER OF ACTUAL $ 500 7 $ 202.00 (CASH VALUE OR REPAIR COST *CERTIFIED ACTS OF TERRORISM $ 4.00 ----------------------------'--------------- -,-------------------------'---------------- ESTIMATED TOTAL PREMIUM $ 2,395.00 ---------------------- * THIS POLICY PROVIDES COVERAGE FOR CERTIFIED ACTS OF TERRORISM WHEN A PREMIUM CHARGE IS SHOWN IN THE PREMIUM COLUMN ITEM THREE — SCHEDULE OF COVERED AUTOS YOU OWN --DESCRIPTION CLASS CODE, AND TIER INTE ESTS------------------.._ VEH - AUTO IDENTIFI- CLASS OTHER GARAGE LOC; NO. CO* YR MARE MODEL BODY 1 CATION NUMBER jCO2j_!!! CODE INTERSTATE/TERR------------ -- - ------ ----- ----------- 001 25 97 Ford F350 ift'w35xfvea89555 gg 35,000 231840 1 CA/069 002 25 87 Ford F350 ,lfd?if3811hka36048 S 10,000 231840� , CA/069 *INSURANCE COMPANY WITH RESPECT TO EACH AUTO IS DESIGNATED AS POLLOWS: 25 FIRST NATIONAL INSURANCE COMPANY OF AMERICA 9-CC(BA) (0702) SOUTHWEST (17282) PREPARED 03-31-04 CM2E0 SEQ.0001 UMI•P71NUM4&,-N 34 Precision Potholes Plus 760-328-9133 P . S AMERICAN STATES INSURANCE COMPANY SEATTLE, WASH:INGTON COMMERCIAL INLAND MARINE COVERAGE PART DECLARATIONS PAGE Of 1 NAMED INSURED: PRECISION POTHOLES PLUS POLICY NUMBER: 01-CG-567251-1 PREMISES OCCUPANCY ---------- ----------- 1. 42-335 WASHINGTON ST. #F-393 VACUUM EXCAVATION PALM DESERT, CA 92201 --------------------------------------- LIMIT OF RATE DEDUCT' PREMIUM COVERAGE(S) ISES I INS$AHCE I-I($L ($) )) CONTRACTORS EQUIPMENT I ]. 54,000I .935I 1000 I 505 100% COINSURANCE PREMIUM ADJUSTMENTS: CERTIFIED ACTS OF TERRORISM $ 0.00 ------------ COMMERCIAL INLAND MARINE TOTAL $ 305.00 THE FOLLOWING FORMS CURRENTLY APPLY TO THIS COVERAGE PART: IL0017 1198 - COMMON POLICY CONDITIONS CM0001 0900 _ COMMERCIAL INLAND MARINE CONDITIONS ILO 270 0300 - CALIFORNIA CHGS - CANCELMONRENEWAL IL7201 0392 - 'COMPANY COMMON POL CONDITIONS 6-1260 1095 - CALIFORNIA INSUR PREMIUM S IL0103 0699 - CALIFORNIA CHANGES - ACTUAL CASH VALUE CM7854 0198 - CONTRACTORS EQUIPMENT & TOOLS IL0935 0898 - EXCL OF CERTAIN COMPUTER-RELATED LOSSES IL0952 1102 - CERT ACTS OF TERRORISM - CAP ON LOSSES C4113 0103 - TERRORISM DISCLOSURE NOTICE a 9-CC(CM) (0787) SOUTHWEST (PAMEL) PREPARED 05--13-04 CMD40 SEQ.0001 Precision Potholes Plus 760-329-9133 P, 6 10'200i 13:57 7071915591 i0596 a� pubkv. rv.ir6I of l'L'oAI cur LIAbILI I Y NbUKANUt PPaouceR G4091587_2719 FAX 4091587-6001 --"• ; 1,.'4/X4J2DD4 t THIS CERTIFICATE I5 ISSUED AS A MATTER OF INFORMATION Anthem Insurance - tic #084331 ONLY AND CONFERS NO MIGHT*UPON THE CERTIFICATE IA214S Lyndie Ln., OZ02 MOLDER,THM CERTIFICATE DOES NOT AMEND MEND OR Temecula, CA 9259'1 _„.6 RTH COVHRAOB AP601t06D BY THE POLICIES BELOW. INSURERS AFPOROINO CO'VEttA0eJNAIC017INsIJREPAecoComp42-335 Washington St. rF>,3 INSURER R,Palm Desert, CA 92201 »JwR€ac THE POLIO@9 O&INSURANCE L�CTED BELOW HAVE BEEN 153UEDIO THE INSURED NkWO ABOVE FOR THE POL ICT PERIOD WDICATSD,NOTWITHSTANDING .ANY REOLIAEMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO W HICH THIS CERY 1PICATE My Me ISSUEO OR •NAY PERTAIN,THE INSURANCE AFFORDED nY THE P:UCI@S DESCRIDED NENEN 15 SUDJcCT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS MOcIES.AGGREGATE LIMITS SHOWN NWY HAVE BEEN REDUCED BY PAID DLArM5. of SucH lfa?�I Oo type OFIySURANC€ I _"V:v NV_MARK � kY[RRgG I1VE POUCT EflrlgnYjON TEaLBJey,YYl 3ATq InNmhl Y Ei1TE RLNENAL UAGILRY @ACry OCGaRRpN,CE �$ OOIAM€RCIAL OE4ERAL'"LItt FA}AAOE T7 RENTED x CultA«N4tlE L J OCCUR .ba LAOE•-C.n.e.,,,n.., MEO EAA fA^y laW Amn1 E _� PERSONALOADV INJVRV S OENEPAL ACOREOaTE x OENL AOLIIEECATE LIMfTAFPLlES PER. PgPOLN:Tv.GOMPATAAOD P AOYOV"kEL4mury 25c,C00961310 03j31/ZD04 01/HIj200S �� COMBINE*FINGLE LIMIT ANYAUTO (EP A[CkeRtl x 1 0@O.pBfl _ ALL OWNEOALROS "----���-�--= X A FONEOULEUAUTOS NOO,LYINJVRY x IPr.Paean) X INREP AVTOS MD�4YIWVRv � )t NON•OWNEOAUTbF IFW 6:Li.1ARA1 rROPERTr DAMAOE £ WRAPS L4ERRY f�—^— w•_� AVM ONLY_ER.ACCIOENT S ANY AU1O bTHERTNAN Ern•_'''CC f AVID ONLY, Aba x LKC£3IkV**£LLA 6IA61,a, EACN DGCVRNENC'c i 1{L�� OCCUR "Awa MAP€ AGGREGATE ` -T • H OEPUCntlLE I � x J�— i FR iRNTIpN 'WOAgntPCDMFEMnGNAN6 EMPLCYERN'tWatt" ANYPROPRI'eTY}PJPANTIJEWFNGCUTNE e.L.FAC..,^ CH90ACCWENT i ORFICER'MCWFR RXCLVPEPT II yRF.DONrbowow E.L.MRFASE-EAT EMPLOYEE S SC_CIAL CROVIOIONS*NPR EL OISEAEE-POLIOVUMIT I OTHER - i CESCPIP ION* 5terTIJQ0O 1!019 IVE051 EK 4.41 NO SNO4 3453VND-T ISRNow,P AfttI 9 2004 1�acmaster 1000 1N9EA34m53110E.41B, SN0403453YN0•ii Raw, Amount of Inauranee S54,000 2004 Vacmaster 1000 IWA10441304621, S00410486VND-51 Nora, Amount of Insurance S54,000 M4 Vacmaster 1000 IM9EA14N041104622, SN0410407MT-51 NOW, Amouet of Insurance SS4,000 ,'Except 10 days notice of cancellation for non Payment of premium. D°ERTIFICATF.HCLDra_ •�� __ -- _ _ - - _ SAOULD ANY OFTME RMOVO PEWRaEO PPVC10 OE CANCELLED KEFOAE THU 9WPIPAT1nw CArE THEREOF,tKG 1#9VIN0 NWREA WILI 914MYOR TO MAIL "au OATS WR zw NCTICe TOTNE CERTP,O1TP.NOLO€RI eVTOYHS LEFT, AU"FMLVRO TO MALL$LION NOYCTS"LL IMPDRE NO 0E136.ATWN OR L4DILI1'r OF ANY 1440 UPON THE NSVREA,90 AOPNTSOR NOPq£NENrAT1vEP, Insured Copy AV IIND REPAV31ITTAI ----- BJACORD CORPORATION 11988 M E M O R A N D U M TO: David Barakian Director of Public Works/Engineering FROM: athie Hart ea Chief Deputy City Clerk DATE: February 8, 2005 SUBJECT: Precision Potholes Plus A5032 cc: Jay Thompson, City Clerk File Attached are three (3) duplicate originals 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. /kdh attach. CONTRACT ABSTRACT Contract Company Name: Precision Potholes Plus Company Contact: Chari Becker Summary of Services: Clean Catch Basins and Storm Drains Contract Price: $2,745 Funding Source: 001-4204 -43200 Contract Tenn: One Year Contract Administration Lead Department: Public Works &Engineering Contract Administrator: David Barakian/Pete Agres Contract Approvals tour dtCamuunity Redevelopment Agency Approval Date: N/A Minute Order/Resolution Number: N/A Agreement Number: TBA Contract Compliance Exhibits: Signatures: Insurance: Bonds: Contract prepared by: Submitted on: By: