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HomeMy WebLinkAbout05031 - DATELAND CONSTRUCTION INDIAN CANYON REPAIR @ WHITEWATER RIVER WASH DOCUMENT TRACKING Page: 2 Report: Soon to Expire Documents Listing November 1,2005 condition: Expire Within 90 days,ALL Groups,ALL Services,ALL XREFs Document# Company Group � Q Service Aprvl Date Expire Date Close Date A5030 Muni Financial :ENGINEERING ��� InFlle 01/28/2005 12/01/2005 oql Ito 105 A5031 Dateland-Construction Co- - ENGINEERING CkO5 eA In File 01/12/2005 01/01/2006 I%/aV f OS A5034 Hilton,Farnkopt&Hobson LLC CITY MANAGER In File 02102/2005 12/3112005 A5037 P S Gun Club POLICE DEPARTMENT In In File 02/0712005 12/01/2005 A5039 Dateland Construction Cc ENGINEERING 005e \ In File 01112J2005 01/01/2008 A5050 Stumbaugh&Associates Inc. PROCUREMENT NOC 01/05/2005 01/01/2006 A5057 Infotox Inc. ENGINEERING 6W54 In File 03/25/2005 12/31/2005 07Ice lD5 A5061 Richter Group FIRE DEPARTMENT In File 04/05/2005 12/30/2005 A5091 Hanson House Foundation PARKS&RECREATION In File 06/04/2005 12J31/2005 A5092 --Tri Star Contracting -ENGINEERING V IIOSC� in File 05/04/2005 12/31/2005 05 J05 COS A5109 Desert Sun PIC, ` _,.�0 In File 12/20/2004 11/28/2005 A5114 Jl?:Planning,&Design r S ENGINEERING Fa<i� None 06/08/2005 12I31/2005 01(aq105 A5122 TTi Star -- ENGINEERING C'Ved In File 06/20/2005 12/31/2005 08(P61D5 A5125 Lynoo Associates COMMUNITY& In File 07/06/2005 11J17/2005 A5144 JR Planning&Design AIRPORT In File 07/21/2005 12/31/2005 A5146 Linda Tette POLICE DEPARTMENT In ���� In File 08/19/2005 12/30/2005 A5149 InfobcInc-- -__ENGINEERING- �" in File 08/19/2005 12/31/2005 0913a10,r- A5169 - Alms-Underground- .. - ENGINEERING 611 In File 10/06/2005 12131/2005 11 A5174 NXTCYCLE RECYCLING In File 10/14/2005 12/31/2005 * ** *** END OFREPORT** * * ** N Dateland Construction Inc. Indian Canyon Dr Repair @ Whitewater River Wash AGREEMENT#5031 R21179, 01-12-05 CITY OF PALM SPRINGS — — — -- CONTRACT SERVICES AGREEMENT FOR Indian Canyon Drive Repair at Whitewater River Wash THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered intothis VV11°dayof 2005, by and between the CITY OF PALM SPRINGS, a municipal corporation (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 2A 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 Ninety Seven Thousand Five Hundred Six Dollars ($97,506.00) ("Contract Sum"). 2.2 Method of Pavment. 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. ORIGINAL BIL) H:\USERS\ENG\Contr.Agreements\Dateland-Indian Rebuild-Jan05.wpd /ORAGREFAgEN1r -1- I j 3.3 Prohibition Against Subcontractinq or Assiqnment. 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 Liabilitv 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-Indian 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 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 H:\USERS\ENG\Contr.Agreements\Dateland-Indian Rebuild-Jan05.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 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. 6.2 Non-liability of City Officers and Emplovees. 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-Indian Rebuild-JanO5.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-Indian Rebuild-Jan05.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 municipal corporation C' Clerk City Manager fsly�ert CONTRACTOR: Daleland Construction,Inc. Check one:_Individual_-Pa-Wislilp�=-Eorpoation 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). Signat=urre.(notarized) Signature(notarized) I �, a TO FOWJ r—.r, +�f� Name: o-s1 ie_=� fi e/ ,c® Name: Title: " C-s l of/ n+l 5e V P +0. L. A 1 Title: w , gate Address: "8.cam� ��-�'Pd f� Address: State of I°r•I N;�r n o_ I State of I County of sri.r-I,1K, Iss County of Iss On -)`"'`z`6-"-'`) _2s-,_3o 0 ' before me, On before me, personally appe)red -:S c..v y1.:4�..c'G�o.0•'( personally appeared personally 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(sy satisfactory evidence) to be the person(s) whose name(s) is/are 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/her/their to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/herAheir 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 perwri(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: Notary Signature: Notary Seal: Notary Seal: v n 01IWC Rc.HERS Ross Coninv.ssion*1362914 z • Yolc,7l�nF publm-Calftomin 7� $ Y2rY,�srde County r . -a Mtn l;i�iroa Jun 29,20A6 e� H:\USERS\ENG\Contr.Agreements\Dateland-Indian Rebuild-Jan05.wpd -6- 'Y'� i."rhZ�'r�i"��x� EXHIBIT "A" SCOPE OF SERVICES Contractor shall repair and rebuild Indian Canyon Drive at the Whitewater River Wash. Repair shall consist of 5" of AC 1/2" medium AR4000 over compacted native material. Roadway dimensions shall match those that previously existed. East (downstream) side of Indian Canyon Drive shall have a 1'x2' deep 4-sack concrete cut-off wall constructed. AC Berm shall be replaced to previous dimensions. 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-Indian Rebuild-Jan05.wpd -7- "EXHIBIT B" SCHEDULE OF COMPENSATION Total compensation shall not exceed $97,506. Services provided shall be compensated at the following rates: Description Quantity Unit Cost Extended Cost 5-inch AC Paving 21,000 SF $ 2.50 $ 52,500 4-sack concrete (1'x2'x1,522') 1,522 L.F $ 21.00 $ 31,962 Replace 6-inch Berm 150 LF $ 18.00 $ 2,700 Fine Grade LS $ 10,344 TOTAL COST $ 97,506 H:\USERS\ENG\Contr.Agreements\Dateland-Indian Rebuild-Jan05.wpd -8- HRH INSURANCE R]001 O1/28/05 rHI 15:18 FA% 70UJ604817 2DATECON ACORD.,, CERTIFICATE OF LIABILITY INSURANCE 01126/05 DATE(MMRIOIYYYY) FRonucEa THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HRH Insurance Services of ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Southern Calif LIC#06B4503 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXFEND OR 77.564 Country Club Dr.0401 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Palm Desert,CA 92211 INSURERS AFFORDING COVERAGE NAIC A INSURED INSURER A: James River 12203 Dateland Construction Co Inc 50.305 Hwy 111 INSURER D; Safeco Ins.Co, of America 24740 INSURERC State Fund 35076 Coachella,CA 92236 INSURERD: INSURER E.- COVERAGES 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 CERTIFICATE MAY Be ISSUE[)OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADVE POLICY EPPECTIYE PO��GY EXPRA LTR INSRC TYPE Or INSURANCE POLICY NUMBER DATEIMMND/ ) ON(=IR3g,11 LIMITS A X GENERALUABILMY 00008068 01/15/06 01/15/06 EACH OCCURRENCE SIA00.000 COMMERCIAL GENERAL LIABILITY P1ffM'IHES, ,NTTE.1 i10Q00o CLAIMS MADE R OCCUR MED EXP(Amy mw pamo ) S X _BI/PDPed:10000 PERSONAL BADVINJURY 31,000,000 _ GENERAL AGGREGATE $2.000,000 GENT AGGREGATE LIMB APPLIES PER: PRODUCTS-COMP/OP AGO $2,000,000 1 POLICY n JEGT n LCC B AUTOMOBILE LIABILITY OICG71332910 01/16/05 01/15/06 COMBINEDISINGLE LIMIT ANY AUTO $1,000,000 ALL OWNED AUTOS BODILY INJURY _ SCHEDULED AUTOS (Prperem) S HIRED AUTOS 801)ILY INJURY NON-OWNED AUTOS (Pef�cNdent) i PROPERTYDAMAGE f (PeraccldenQ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S —. ANY AUTO OTHER THAN EA AGO $ AUTO ONLY: AGO S EKCESSNMBRELLA LIABILITY EACH OCCURRENCE S OCCUR ❑CLAIMS MADE AGGREGATE r _ i DEDUCTIBLE j RETENTION j S C WORKERS COMPENSATION AND 046000725304 01/01/05 01I01/06 X I TOORRY uMTisl ( EH EMPLOYERS'LIABILITY ANY PROPMETORMARTNER(EYHCUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDEOT E,L DISEASE.EA EMPLOYEE 41,000,001) N yea,doalbe under SPECIAL PROVISIONS belm _ EL,DIBEABE-POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate holder is also named as additional Insured per Form AP2000US all ongoing grading/paving/water&sewer main construction operations of named insured 10 day notice of cancellation for non-payment of premium This certificate Is subject to conditions and exclusions contained in the policy. CERTIFICATE HOLDER CANCELLATION _ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES DE CANCELLED BEFORE THE EXPIRATION City of Palm Springs-Bldg. & DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL AA DAYS WRITTEN Safety NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT FAILURE TO DO SO SHALL P.O.Box 2743 IMPOSE No OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Palm Springs, CA 92262 REPRESENTATIVES, A/PRREPRESENTATIVE & ,{Jw ACORD 25(2001/08)1 of 1 #5166275/M166274 2JPIM a ACORD CORPORATION 1980 01/28/05 FRI 15:18 FAX 7603604817 HRH INSWUNCE 21DATECON Q 002 DATE(MMIDD/YTT11 ACORD- CERTIFICATE OF LIABILITY INSURANCEMATMEROFIIFORMAT 5 PRCERTIFICATE�ISSUED AS A HRH Insurance Services of ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Southern Calif LIC#0664503 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 77.564 Country Club Dr.#401 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Palm Desert, CA 92211 INSURERS AFFORDING COVERAGE NAIC# MISUREU INSURER A; James River 112203 Dateland Construction Cc Inc INSURERB: Safeco Ins. Co. of America 24740 50-305 Hwy III INSURER Oc State Fund 35076 Coachella,CA 92230 INSURER D: INSURER E: COVERAGES 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 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. L TYPE OF INSURANCE FOLICYNOMBER f%M7 Epp TWE POL/I]��(OpInTYOIN LIMIT! A X GENERAL LIABILITY 00008068 01/15/06 01/15/06 EACH OCCURRENCE $1,000,000 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED _EREMISES IEe o fran l $1OO,D0O CLAIMS MADE NX OCCUR MED EXP(my one Pemon) S X BI/PDDed:10000 PERSONAL 6 AOV INJURY S1,0001000 GENERALAGGAEGATE $2,000,000 GENL AGGREGATE LIMITAPPLIES PER! PRoDucre-comp/oP AOG 52,060,000 IPOLICY n j GT n LOC B AUTOMODILELIAGILIY OICG71332910 01/15/05 01/15106 EOMDtNFDISINGLELIMIT S1,000,000 _ ANY AUTO a ALL OWNED AUTOS BODILY INJURY S _ SCHEDULED AUTOS (Parpeman) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Par mold ml) S PROPERTY DAMAGE s (Pereedden!) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO _ — OTHERTHAN EA ACC $AUTO ONLY! AGG II EXCESSNMORELLA LIABILITY EACH OCCURRENCE S _ OCCUR CLAIMS MADE AGGREGATE S S DEDUCTIBLE S RETENYION S _ S C WORKERS COMPENSATION AND 046000725304 01/01/05 01/01/06 X I WVSTATUT IOEg M EMPLOYERS'LIABILITY EL EACH ACCIDENT $1,000,OOO ANY FROPRIETOR(PARTNER/EXECUTIVE OPFICER/MEMSER EXCLUDED7 EL.DISEASE-EA EMPLOYEE S1,000LOOD S PRO yee,da undo _ SPECIAL PROVISIONSbelaw EL.DISEASE-POLICY LIMIT 111,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENUORSEMENT I SPECIAL PROVISIONS Certificate holder is also named as additional Insured per Form AP2000US all ongoing grading/Paving/water&sewer main construction operations of named insured 10 day notice of cancellation for non-payment of premium This certificate is subject to conditions and exclusions contained In the policy, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIEED POLICIES DE CANCELLED DEFORE THE EXPIRATION City of Palm Springs-Public DATE THEREOF.THE ISSUING INSURER WILL ENOEAVORTOMAIL in DAYSwRnTEN Works Dept. NOTIOE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL P.O.Box 2743 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Palm Springs, CA 92262 REPRESENTATIVES. AUTQRIZED_ 4)REPRESENTATIVE Y_ ACORD 25(2004108)1 of 1 #S166276IM166274 2JPIM 0 ACORD CORPORATION 1950 Z 003 01/28l05 FRI 15:18 FAX 7003004917 HRH INSURANCE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE Scheduled: City of Palm Springs P.O. Box 2743 Palm Springs, CA 92262 Who is an"Insured"is amended to include as an Insured the person or organization shown in the Schedule as an Additional Insured.The coverage afforded to the Additional Insured is solely limited to liability directly caused by"your work" which is imputed to the Additional Insured.Where no coverage shall apply herein for the Named Insured, no coverage or defense shall be afforded to the Additional Insured. This coverage does not apply to "bodily Injury", "property damage"or"personal and advertising injury": 1.Arising out of the sole negligence of the Additional Insured; 2.Arising out of the claimed negligence of the Additional Insured other than that directly caused by"your work"which shall be imputed to the Additional Insured; or 3.To any employee of the Named Insured or to any obligation of the Additional Insured to indemnify another because of damages arising out of such injury. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED, Policy Issued To., Dateland Construction Co Inc Carrier; James River Policy#00008068 Policy Effective Date: 01/15/2005 to 0111512006 AP2000US O4-03 CONTRACT ABSTRACT Contract Company Name: Dateland Construction Co Company Contact: Ron Walters Summary of Services: Emergency Cleanup/Repair of Indian Canyon Drive Contract Price: $97,506 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/Community Redevelopment Agency Approval Date: January 12, 2005 Minute Order/Resolution Number: 21179 Agreement Number: TBA � Db\ Contract Compliance Exhibits: Signatures: Insurance: Bonds: Contract prepared by: Submitted on: By: