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04594 - STEINY & COMPANY SUNRISE TRAFFIC SIGNAL INTERCONNECT
DOC a 2004-0494253 06/25/2004 08:00A Fee:NC Page 1 of 1 Recorded in official Records County of Riverside Gary L. Orso Assessor, County Clerk & Recorder IIIIII IIIIII 111111411 IIIIIII IIIII III IIIII III 11 U PAGE SIZE Cq PCOR NOCGR SMF MISC Recording Requested By And M S When Recorded Return To: V City of Pahn Springs Attn: City Clerk P.O. Box 2743, Palm Springs CA 92263-2743 (SPACE ABOVE THIS LINE FOR RECORDING USE) A R L I FCOPY LONG _ REFUND NOHG EXAM (EXEMPT FROM RECORDING FEE PER Gov.CODE§6103) -- — --- NOTICE OF COMPLETION NOTICE IS HEREBY given that: ]. _ The City of Palm Springs, Cnlifoerniu"2c,a muniripal rorport tion, organized and inno +or_ated_Imrsua=r to the laws of the State of California. 2. The City Clerk of the City of Palm Springs is authorized and directed to execute, on behalf of said City, any and all Notices of Completion. 3. The address of the City of Palm Springs is City Hall,3200 E.Tahquitz Canyon Way,Palm Springs,California(P.O.Box 2743, Palm Springs, CA 92263-2743). 4. The public work of improvement on the hereinafter referred to real property within the city was COMPLETED on the 8"' day of June, 2004. 5. The name of the contractor(if named)for such work of improvement was:Steiny&Company,Inc., 12907 East Garvey Avenue, Baldwin Park , CA 91706. 6. The public work of improvement, which was completed in the City of Palm Springs, County of Riverside, State of California, is described as follows: Sunrise Way Traffic Signal Interconnect. 7. Nature of Interest: Fee Owner 8. The property address or location of said property is: Various locations on Sunrise Way from East Palm Canyon Drive to Tachevah Drive. 9. City Project No. 01-14, Agreement Number: 4594, Minute Order Numbers: 7197 & 7440 CITY OF PALM SPRI S. J REVIEWED BY: J DATED: r s BY: � �J/� DATED: Director of Public Works/City Engineer David J. Barakian PATRICIA A. SANDERS, being duly sworn, says: That she is the City Clerk of the aforesaid City of Patin Springs, California, the corporation that executed the foregoing notice; that she makes this verification on behalf of said corporation; that she has read the foregoing Notice of Completion, and knows the contents thereof,and that the facts stated therein ar e;--tlr tas said City Clerk,she u�es this verification on behalf of said municipal corporation. �4�"" City Clerk -Patricia A. Sanders WP:clr/April 2004 Index No. 0804 CITY OF PALM SPRINGS CALIFORNIA P.O.Box 2743,Palm Springs,California 92263, (760)323-8253 Department of Public Works and Engineering NOTICE OF ACTION FOR: ■PUBLIC AND/OR O PRIVATE IMPROVEMENTS TO: Steiny&Company,Inc. ACCEPTANCE DATE: June 8,2004 12907 East Garvey Avenue PROJECT: CP#01-14,Sunrise Way Interconnect Baldwin Park,CA 91706 AGREEMENT NO. 4594 MINUTE ORDER NO. 7197&7440 This is to inform you that a Notice of Completion has been filed and recorded on the above-named project. PUBLIC IMPROVEMENTS PRIVATE HAPROVEMENTS Curbing L.F. Curbing L.F. Street Paving S F. Street Paving S.F. Sidewalks S.F. Sidewalks S.F. Driveway Approaches S.F. Driveway Approaches S.F. Bike Paths EA Bike Paths S.F. Sewer Mains L.F. Sewer Mains L.F. Sewer Laterals L.F. Sewer Laterals L.F. Sewer Manholes EA Sewer Manholes EA. Storm Drains L.F. Storm Drains L.F. Survey Monuments EA. Survey Monuments EA. Lighting/Landscaping L.S. Interconnect&Signal Modification L.S. Location: Various locations on Sunrise Way from East Palm Canyon Drive to Tachevah Drive C.P.S.Drawing No(s). 12-A-249 Permit No. 12957 Contractor(s)actually doing the work Steiny&Company,Inc. Notify your bonding company/bank to release the following bonds: No. 3SM076526-00 in the amount of $ 160,663 Performance M z 05 No. 3SM076526-00 in the amount of $160,663 Payment 2.S o No. in the amount of $ Monuments No, in the amount of $ Maintenance Security No. in the amount of $ Correction&Repair Construction bond in the amount of $ for Engineer: CITY ENGINEER Bond Co./Bank American Motorists Insurance Company Comments:FINAL CONTRACT AMOUNT:$133,475.80 Submitted by: Dated - 16-O IStrect Maintenance Manager Approved by: Dated: Director of Public Works/City Engineer Distribution;Original to Engineering Project File;Copies to Addressee,City Clerk,Engineering NOA Binder,Street Maintenance Manager,Building, and Facilities Index No, 0, - CITY OF PALM SPRINGS CONTRACT CHANGE ORDER To: Stein and Company Date: January 15,2004 12907 East Garvey Ave. Project No.: C.P.01-14 Baldwin Park, CA 91706 Project Name: Sunrise Way Traffic Signal Interconnect Change Order No.: One(1)) Attn: Dave Chadbome Contract Purchase No.: 316186 Account Number(s): 133-4298-50186 261-4491-50186 Agr.#4594 M.O.#7197 Res.# A.CHANGES IN WORK: Increase to Contract Bid Item (New): Item Description A Re-stocking fee for 19 in. Rack-Mounted Shelf and GDI Model 90ODS Radio Transceiver and attachments Decrease to Contract Bid: Item Description B Credit for 19 in. Rack-Mounted Shelf and GDI Model 90ODS Radio Transceiver and attachments B. CHANGES IN CONTRACT COST: Increase to Contract Bid Item (New): Item Description A Re-stocking fee for 19 in. Rack-Mounted Shelf and Lump Sum $ 6,796.80 GDI Model 90ODS Radio Transceiver and attachments Decrease to Contract Bid: Item Description B Credit for 19 in. Rack-Mounted Shelf and GDI Model 8 each @$4,248.00 ($ 33,984.00) 90ODS Radio Transceiver and attachments TOTAL < CREDIT > CHANGE ORDER = ($ 27,187.20) NOTE: No additional markup will be added to any items in this Contract Change Order. All cost per each item are final. C.REASON FOR CHANGE: Bid Item A: A charge by the Contractor's supplier to re-stock the 19 in. Rack-Mounted Shelf and GDI Model 90ODS Radio Transceiver and attachments, 8 each, because the City deleted these units from the contract after the Contractor purchased these units per Plans and Specifications. Bid Item B: Per the recommendation of the City Staff, deleted the 19 in. Rack-Mounted Shelf and GDI Model 90ODS Radio Transceiver and attachments from the contract. The City is going to change the proposed radio transceiver units to Encom model 510OR Rack Mounted Radio Transceiver, including all attachments to match the system that was installed at Sunrise Way @ Sunny Dunes Road. The Encom radio transceivers will be purchased by the City outside of this contract, eliminating markups by the Contractor. i January 15, 2004 City Project 01-14 Sunrise Way Traffic Signal Interconnect Change Order No. One (1) Page 2 of 2 C. REASON FOR CHANGE(continued): Extension of time due to SCE delays= 18 working days D.SOURCE OF FUNDS: 133-4298-50186 ($ 7,294.05) 261-4491-50186 ($ 19,893.15) Summary of Costs Contract Time Original Contract Amount: $ 160,663.00 Original Completion Date: Aug. 12,2003 This Change Order: ($ 27,107.20) Days Added for this C.C.O.: 18 Previous Change Order(s): $ 0.00 Previous Days Added: 0 Revised Contract Amount: $ 133,475.80 Revised Completion Date: Sept. 19, 2003 1 have received a copy of this Change Order and the City Approval: above AGREED PRICES are acceptable to the LJ-E— L cont t r. Submitted By Date Street Maintenance Manager y ��1> �z&/,tip JApproved By % °,, `"'*. Date Ti e�r/2� ��17 If�7_h L Director of Public Works/City Engineer Date Approved-by Date , b p; City Manager Distribution: Original Conformed Copies Conformed-File Copy Engineering (1) Engineering File (1) Finance (1) Engineering Field Inspector (1) Contractor (1) Engineering Field Supervisor (1) City Clerk (1) Purchasing Agent (1) Steiny & Company Sunrise Traffic Sig Interconn AGREEMENT #4594 M07197, 11-26-02 AGREEMENT THIS AGREEMENT made this 20th day of December in the year 2002, by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and STEINY & COMPANY hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 --THE WORK The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the City's Contract Documents entitled: SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT CITY PROJECT NO.01-14 The Work is generally described as follows: The Work comprises the construction of a traffic signal interconnect system, modifying traffic signals and all appurtenant work on Sunrise Way from Tachevah Drive to E. Palm Canyon Drive in Palm Springs. ARTICLE 2--COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with the applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof,the City and the Contractor agree that as liquidated damages or delay (but not as a penalty),the Contractor shall pay the City the sum of $425.00 for each calendar day that expires after the time specified in Article 2, herein. ARTICLE 3--CONTRACT PRICE The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid and Bid Schedule(s). ARTICLE 4--THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers 0 to 0 , inclusive, and all Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT CITY PROJECT NO 01-14 AGREEMENT FORM 9/26/02 AGREEMENT AND BONDS - PAGE 1 ARTICLE 5--PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with provisions of the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the Engineer or the City as provided in the Contract Documents. ARTICLE 6--NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid,to the last business address known to the giver of the Notice. ARTICLE 7--MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications as amended by the Special Provisions will have the meanings indicated in said Standard Specifications and Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents, The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. (By TiCIT OF PALM SPRIT GS,CALIFORNIA APPROVED BY THE CITY COUNCIL: Vp(� .ol V— �..�s�`K.`�7�'�"C.,.�..��-.-a Minute Order No. 7197 Date 11/26/02 City Clerk % 8(,0103 Agreement No. A4594 APPRO��VED AS TO",L' FORM: �J By /f C�r �"`� V'a �k City Attorney Agreement oVer/ $25 ,l]o0 Date_ l7"1zaig'i Reviewed and approved Procurement& Contr c Contracting CONTENTS APPROVED: By Initials Date U`a` f� City Engineer P.O. Number Date City Manager ���2Y7 0,> _ Date / , S SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT CITY PROJECT NO.01-14 AGREEMENT FORM 9126/02 AGREEMENT AND BONDS- PAGE 2 CONTRACTOR: Steins and Company Inc, (Check one:_individual,_partnership, X corporation) By signature (NOTARIZED) Print Name and Title: Richard Tesoriero Vice President By gignftueb (NOTARIZED) Print Name and Title: Gayle C. Kappelman Secretary Mailing Address: Steiny and Company, Inc, 12907 E. Garvey Ave, Baldwin Park, CA 91706 Date 12/20/02 (Corporations require two signatures; one from each of the following groups: A. Chairman of Board, President, or any Vice President;AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). End of Signatures SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT AGREEMENT FORM CITY PROJECT NO.01-14 AGREEMENT AND BONDS- PAGE 3 9/26/02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California �y Q ss. County of (A)4) �1 �p �„ On k r� fi before me, �1 B U.ti ,l �i U� q1 J�a, 'V�I Data f• �• N me an le of Officer(e g,'Jane Doe,Nclary Publm') personally appeared Z i 9 o)i I I; f Name(s)of Soner(s)personally known known to me proved to me on the basis of satisfactory evidence 1 to be the person(s) whose name(s) is/are w TAMARA LYNN HOISI X subscribed to the within instrument and CCAMniMAun#I2SS�III acknowledged to me that he/she/they executed N -C 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 upon behalf of which the person(s) acted, executed the instrument. I Vt�TNESS my hand and official eat. Place Notary Seal Above ralure of No ary u`blic ) I OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document (, and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: f Document Date: Number of Pages: I I Signer(s) Other Than Named Above: ( l Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here r ❑ Corporate Officer—Title(s): ,l ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact ❑ Trustee `❑ Guardian or Conservator ❑ Other: I ) 1, Signer Is Representing: i l e 1997 National Notary Associallon•9350 De Solo Ave,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No 5907 Reorder:Call Toll-Free 1-800-876-68'7 �+.�w�,h..,; 1�ua�w n:rr���irtrrxs,s ' j ,..�.. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California n I County of �pS � � � / ss. tY) I On before me p�, Wt.1r�lyv �p�. ofO ( ° abate � g� / Name ari��ge of Dffcer(e g,'Jane Boe,Notary Public) 0 personally appeared �_�b9��I � i\C�I�VII������� i Narne(s)of St9nedo) , tpersonally known to me Ll proved to me on the basis of satisfactory evidence II to be the person(s) whose name(s) is/are TAMAOA LYNN MANX subscribed to the within instrument and I (1prN"low0125MI acknowledged to me that he/she/they executed t Polo the same in his/her/their authorized ids couriv capacity(ies), and that by his/her/their kly�orrrrt`5pieahlor�l7bt signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I TNESS my h d and official seal. joh Place Notary Seal Above Utg`at re of Notary Public ) OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document I, and could prevent fraudulent removal and reattachment of this form to another document. ) Description of Attached Document Title or Type of Document: I Document Date: Number of Pages: (, Signer(s) Other Than Named Above: I ] Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ) ❑ Attorney in Fact ❑ Trustee R❑ Guardian or Conservator ❑ Other: I 1 Signer Is Representing: t ©1997 National Notary Association•9350 De Soto Ave,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder Call Toll-Free 1-800-876-6827 �pi /y �yr..,�xY�,. -:�+rw,a:r+MI�M1 i{Jl;;Jae '�w�;��i !��",� EXECUTED IN FOUR COUNTERPARTS BOND NO. 3SM076526-00 PREMIUM: $1,015.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That STEINY L COMPANY , INC. as Contractor, And AMERICAN MOTORISTS INSURANCE COMPANY osSurety, are held firmly bound unto the City of Palm Springs, a charter city, organized end toasting in the County of Riverside,California,hereinafter called the'Crty,"in the sum of: One hundred sixty thousand six hundred sixty three ------------- dollars, ($160,663.00) for the payment of which sum well and only to be made, we bird ourselves, our heirs, executors, administrators,sucoatsam,and assigns,jointly and severalty,fkmlV bV thoso presents. WHEREAS said Corm-actor has boon awarded and is about to enter into the annexed Agreement with said city to perform the Work as specified or Indicated in the Contract Documents entitled: SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT CRY PROJECT NO.01-74 NOW THEREFORE,if said Corrtramdr shall perform all the mgdimmerts of said Contract Documents roquieed to be performed on iris part,at the times and in the manner spanifind heroin,then this obligation shall he null and void,otherwise R shall remain in full force and effect- PROVIDED,that any alterations in the Work to he done or the materials to be fumished,or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents,shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either mid Contractor or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED.this 18th dayof December 2002. CONTRACTOR: SUREfy: STEINY AND COMPANY, INC. / (Check one: individual, _partnership, ,AMERICAN MOTORISTS INSURANCE COMPANY —2_capmation) r BY zgamm Thia VICTORIA VOORHEES, ,ATTORNEY—IN—FACT {NOTARIZED) (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURFM Prim Name and Tide: , Richard Tesoriero Vice President By mornr..e `� (NOTARIZED) Print Name and Title: Gayle C. Rappelman Secretary (Comarations rerun:two siunatun:s:one from ma of the toYowing preens:A.Chairman or awrd.P re dem er any Vice President AND E. Secretary, Assistant Secretary. Treasurer, Asaistant Treasurer, or Chet Rnarudal Officer). SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT CITY PROJECT NO.01-14 PERFORMANCE BOND 9126102 AGREEMENT AND BONDS-PAGE 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On December 18, 2002 before me, Christine Maestas, Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Victoria Voorhees NAME(S)OF SIGNER(S) ❑x personally known to me -OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed 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 upon behalf of which the person(s) acted, executed the instrument. WITNESS- yy--hand and official seah S SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Performance Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) One ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: December 18, 2002 SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) Steiny and Company, Inc. American Motorists Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE WC-0067/EP 7/94 ©1993 NATIONAL NOTARY ASSOCIATION 0 8236 Remmet Ave., P.O. Box 7184 0 Canoga Park,CA 91309-7184 EXECUTED IN FOUR COUNTERPARTS BOND NO. 3SM076526-00 PREMIUM: Included in Charge for Performance Bond PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That ST'EINY & COMPANY, INC. as Contractor, And AMERICAN MOTORISTS INSURANCE COMPANY as Surety, are held firmly bound unto the City of Palm Springs, a charter city, organized and axisting in the County of Riverside, State of California,hereinafter called the"City,'in the sum oF. One Hundred SixtyThousand Six Hundred Sixty Three ---($160,663.00) , Y —_----------dollars,* for the payment of which sum well and truly to he made, we bind ourselves,our heirs, executors, administrators, and aaslgns,jointly and severally,firmly by these prasarrts. WHERPAS, said Contractor has been awarded and is about to enter into the annexed agreement with said City to perform the Work as specified or indicated in the Contract Documents entitled: suNRISE WAY TRAFFIC SIGNAL INTERCONNECT CITY PROJECT NO.01.14 NOW THEREFORE,if said Contractor,its aubeantmctors, its heirs, executors,administrators, successors,or assigns shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for, or about the performaneo of the Work contracted to he done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from-the wages of omployeas of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections 3247.2252,inclusive,of the Civil Code of the State of California and acts amendatory thereof, and Sections of other Coden of the State of California referred to therein and acts amendatory thereof, and provided that the persons, companies, or corporations so furnishing said materials, provisions, equipment, or other supplies, appliances, at power used In, upon, for, or about performance of the Work contracted to be executed or performod,or any person, company,or corporation renting or hiring implements or machinery or power for,or contributing to,said work to be done,or any person who porformc work or labor upon the same, or any person wha supplies both work and materials therefor, shall have complied with the provisions of said laws, than said surety will pay the same in an amount not exceeding the sum hereinbeforc set forth, and also will pay,in case suit is brought upon this bond,a reasonable auorney's fee as shall be fixed by the Court. This Bond shall inure to The benefit of any and all persons named in Section 0181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. PROVIDED,that any alterations in th'e Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release sell Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said Contractor or said Surety,and notice of said alterations or extensions of the Agreement Is hereby waived by said Surety. SIGNED AND SEALED,this 18 th day of December. 2002. SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT CITY PROJECT NO.01-14 PAYMENT BOND 9126102 AGREEMENT AND BONDS-PAGE 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Californial ss. County of On °� Ilh before meT tayA 4��� ��(A i_ lLN ?VbY iE_j I Dale � The of Officer(e.g..'Jane Doe,Notary Public-) personally appeared � eF�C�� '�� i f, Name(s)of Signers) .I i I personally known to me b proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and TMMRA LYNN HgSSICK acknowledged to me that he/she/they executed #fyrr IC the same in his/her/their authorized hllfllllMc C�1 capacity(ies), and that by his/her/their lgelllde Coan1Y signature(s)on the instrument the person(s), or CartMt. esN1�81. 4 the entity upon behalf of which the person(s) acted, executed the instrument. I ESS my hand and off iciI seal. / Place Notary Seal Aboveig�ure of Notary ubiic 1 I ) OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document ( and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: I Signer(s) Other Than Named Above: I ) Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top 0f thumb Here ❑ Corporate Officer—Title(s): I ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee I' 'Cl Guardian or Conservator ❑ Other: I.1 l Signer Is Representing: t 9 1997 National Notary Association•9350 De Solo Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Fred.No.5907 Reorder.Call Tall-Free 1-600-676-6827 iR r��,�14M=.f i'1 a —��.I i�il��TLi�1H.�� k P�-�..'�.,.�. .}iy� ?,T'. fit. 2 3i6FSGiikA",.3�� �� �,. d CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California r SS. I County of ��� E u' .t1e On�IC1 v before me.�mm ('uywl��Wl c '�bktkl p` b�1 ;I ale //II /gyp`�m d The of Officer(e g.,'Jane Doe,Notary Publ ) personally appeared l �(o .��l� llyV I 1 Names)of Signers) ;I glpersonally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are 1AAAARA LYNN "MoICK subscribed to the within instrument and CoNdWon#1255301 acknowledged to me that he/she/they executed lowmAC-C� the same in his/her/their authorized z /viMlltlsC9it�N capacity(ies), and that by his/her/their ►ArCrxnm. '70dt _ signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WhNESS my hand and official)seal. I \.. I����I��N l�� l//I ll�e�� �����i�'v,FM1J •I Place Notary Seal Above Q ig re of NoWy Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document ( and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: r i ( Document Date: Number of Pages: I I I; Signer(s) Other Than Named Above: I I Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Tap of thumb here ❑ Corporate Officer—Title(s): •I I ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee `❑ Guardian or Conservator ❑ Other: i I Signer Is Representing: I f ©1997 National Notary Assoclalion•9350 De Soto Ave.PO.Box 2402•Chatsworth,CA 9131 3-24 02 Prod.No 5907 Reorder.Call Toll-Free 1-800-876-6827 i"� ',. CONTRACTOR; Steiny and Company, Inc. (Check one:__individual,_partnership, X corporation) By %y9 saarowre (NOTARIZED) Print Name and Trtle; Richard Tesoriero Vice President By slanarum (NOTARIZED) Print Name and Title: Gayle Q. Kappelm�ratary (Corporations require twv a9darwes;one Imm each of Tha fallowing groups: A. Chairmen of Board, Presidcnt,or any Vice Presld":ANfd a_ Secretary,Aseistent Secretary,TivSsuw,Assistant Trha5o cr,or CNer F wcial Pfacer). SURETY: American )Motorists Insurance Com ate_ By Title Victoria Voorhees, Attorney-in-Fact (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT CITY PROJECT NO.01-14 r PAYMENT BOND 9Y26102 AGREEMENT AND SCNDS-PAGE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On December 18, 2002 before me, Christine Maestas, Notary Public DATE NAME,TITLE OF OFFICER-E G.,"JANE DOE.NOTARY PUBLIC" personally appeared victoria Voorhees NAME(S)OF SIGNER(S) ❑x personally known to me -OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed 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 upon behalf of which the person(s) acted, executed the instrument. WITNESS my- and and offic se Orange County SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Payment Bond TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) Two ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: December 10, 2002 SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) Steiny and Company, Inc. Amexican Motorists Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE WC-4067/EP 7/94 ©1893 NATIONAL NOTARY ASSOCIATION 0 8236 Remmet Ave., P.O. Box 7184 0 Canoga Park,CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I I' Count of � j ��V4th&� ss i, y on AMID before me: Ukt9i.Ab6,0,L, "a.Pgotq, a,b��1 ;I Date 11 }��{ ,Name 3 The of Officer(e.g.."Jane Doe,Notary Puhhc') personally appearedJIJ�� � Nanne(s)of Signers) , personally known to me proved to me on the basis of satisfactory evidence t to be the person(s) whose name(s) is/are " h ` LYNN il subscribed to the within instrument and Cp 1l�lon M 1 sm, acknowledged to me that he/she/they executed AmIfdl/wPA4*C-C � the same in his/her/their authorized IjW1,1W capacity(ies), and that by his/her/theirs My SO signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) I acted, executed the instrument. W rN 'Et'S9(�S my hand and official &al. /Jy Place Notary Seal Above Igo!)lure of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: f I Document Date: Number of Pages: I Signer(s) Other Than Named Above: (K Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): t ❑ Partner—❑ Limited ❑General I ti ❑ Attorney in Fact ❑ Trustee `❑ Guardian or Conservator ❑ Other: t l 1 I Signer Is Representing: i t �1 01997 National Notary Assoclahoa•9350 De Salo Ave..P.0 Box 2402•Chatsworth,CA 91313-2402 Prod No 5907 Reorder:Call Toll-Free 1-B00-876-6827 yy� Y'rvtOPalm s yl► y NM1+ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California II h County of � k 6.r "p,- ss. �I On 4 C 6 before me, Cy�� �h ('tll��� Dale Name anytl ille of Officer(e.g.,'Jace Oce,Notary Public') personally appeared 1� ��41��� 9[IIA,n 1Yd F/M _ •I 1, �t Names)of Signers) ,I personally known to me proved to me on the basis of satisfactory evidence I" to be the person(s) whose name(s) is/are � µ/r LYNN m Mll subscribed to the within instrument and y Cgnmlfslort#1255501 acknowledged to me that he/she/they executed Id0"Y -Cd8Wft the same in his/her/their authorized > capacity(ies), and that by his/her/their MYC #� 31� signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. �ATNESS my h nd and offs ial s al. I Place Notary Seal Above 4 I illure of Natal Public OPTIONAL I Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 7 Description of Attached Document Title or Type of Document: r Document Date: Number of Pages: l I' I Signer(s) Other Than Named Above: r Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ,l ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee I• t❑ Guardian or Conservator ❑ Other: ( l Signer Is Representing: I I i 9 1997 National Notary Association•9350 De Salo Ave,PA Box 2402•Chatsworth,CA 91313-2402 Prod No 5907 Reorder.Call Tall-Free 1-800-876-6827 OAA POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the "Company") do hereby appoint Victoria Voorhees , John D. Miller , Teresa I. Jackson , Christine Maestas , Scott Salandi and Michael R. Szot of SANTA ANA , CA (EACH) their true and lawful agent(s) and Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." FK 09 75 (Ed. 09 01) Page 1 of 2 Printed in U.S.A. , In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this October 2, 2002. Attested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company 16Yn rlrl �' CaPPOFIIiF ,1P LLLIKM $ � LIYIU UU a $ ss�L �coxvoeaiwn 8 ,<�,gP�° x„Oa•I `°�gym• oh K. Co�Corportary Gary J. ly, nior Vice Pres' t STATE OF ILLINOIS SS COUNTY OF LAKE SS I, Maria L Omori, a Notary Public, do hereby certify that Gary J. Tully and John K. Conway personally known to me to be the same persons whose names are respectively as Senior Vice President and Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. "OFFIC1At SEAL" CIiZcGc MARIA I.OMORI NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES 9117/2OD3 Maria I. Omori, Notary Public My commission expires 9-17-03 CERTIFICATION I, J. K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated October 2, 2002 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Gary J. Tully, who executed the Power of Attorney as Senior Vice President, was on the date of execution of the attached Power of Attorney the duly elected Senior Vice President of the Lumbermens Mutual Casualty Company,', the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company. I IN TESTIMONY WHEREOF, I have hereunto subscribed my;name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company on this 18th _day of December , 20 02_ mwv a„ e E s`°'_�°"° John K. Conway, Corporate cretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Long Greve, IL 60049 FK 09 75 (Ed. 09 01) Page 2 of 2 Printed in U.S.A. BID DOCUMENTS Only the following listed documents, identified in the lower right corner as "Bid Forms" and reproduced on colored paper, shall be fully executed and submitted with the Bid at the time of opening of Bids. Bid (Proposal) Bid Schedule(s) List of Subcontractors Non-collusion Affidavit Bid Bond (Bid Security Form) Bidder's General Information Failure of a Bidder to fully execute and submit all of the listed documents with the Bid will render a Bid as non-responsive and subject to rejection. T SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT CITY PROJECT NO.01-14 COVER SHEET 9/26102 BID FORMS-PAGE 1 BID BID TO: CITY OF PALM SPRINGS, CALIFORNIA The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City in the form included in the Contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled: SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT CITY PROJECT NO.01-14 Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond, and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents, including the following Addenda(receipt of which is hereby acknowledged): Number Date Number Date Number Date Number Date Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site,the locality where the Work is to he performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of California Labor Code Section 1360, of seq., the undersigned confirms the following as its certification: I am aware of the provisions of Section 3700 of the Labor Code,which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). Dated: 10-79-07 Bidder: gtoiny Anrl 0mmPr7a7 Tim- (Signature) Title: R.iehand Te3oaieu SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT CITY PROJECT NO.01-14 UNIT PRICE BID SCHEDULE 9126/02 BID FORMS-PAGE 2 BID SCHEDULE Schedule of Prices for the Construction of the: SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT CITY PROJECT NO. 01-14 in Palm Springs, California Item Description Estimated Unit Unit Amount No. Quantity Price 1. Initial Mobilization - - - LS $4,000.00 2. Traffic Control - - - LS y 3. Sunrise Way & Tachevah Dr. Traffic Signal - - - LS 1� Modification $ 4. Sunrise Way & Alejo Rd. Traffic Signal - - - LS jp Modification $ 3(j/d ]or 5. Sunrise Way & Amado Rd. Traffic Signal - - - LS Modification $ (jc� 6. Sunrise Way & Tahquitz Canyon Way - - - LS Traffic Signal Modification $ 513361 7. Sunrise Way & Baristo Rd. Traffic Signal - - - LS Modification $ 8. Sunrise Way & Ramon Rd. Traffic Signal - - - LS �1 Modification $ 9. Sunrise Way & Mesquite Ave. Traffic Signal - - - LS () Modification $ 10. Sunrise Way & E. Palm Canyon Dr. Traffic - - - LS Signal Modification $ 4,4.Q TOTAL OF ALL ITEMS OF THE BID SCHEDULE: (Pace in ti9w.,0 ( dce in words) Ste v y An l (mm�nv y, 7N o Name Df Bidder or Firm SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT CITY PROJECT NO.01-14 UNIT PRICE BID SCHEDULE 9/26/02 BID FORMS-PAGE 3 INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100, et seq., of the Public Contract Code, the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, or $10,000,00, whichever is greater, and shall also list the portion of the Work which will be done by such subcontractor. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. Contractor's Percent License of Total Work to be Performed Number Contract Subcontractor's Name & Address 1. 2. 3. 4. 5. 6. 7. 8. SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT CITY PROJECT NO.01-14 LIST OF SUBCONTRACTORS 9126102 BID FORMS-PAGE 4 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of Riveuide ) I, Richand Te60hieka being first duly sworn, deposes and says that he or she is Vice Pae6ident of S.teiny And Company Inc the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her Bid price, or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid. Bidder S.teiny And Company, Inc. By Title Vice President Organization Sie,iny And Company, Inc. Address 210 N. De ..iPah StLeet COhona, Ca. 92879 SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT CITY PROJECT NO.01-14 NON-COLLUSION AFFIDAVIT 9/26102 BID FORMS- PAGE 5 Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Steiny and Company, Inc. (Here insert full name and address or legal title of contractor) 210 N. Delilah St., Corona, CA 92079 as Principal, hereinafter called the Principal, and American Motorists Insurance Company (Here esor ll name and address or legal title of Surety) 7470 N. Figueroa Street, Los Angeles, CA 90041 a corporation duly organized under the laws of the State of Illinois as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF PALM SPRINGS, PROCUREMENT MGR. OFFICE (Here insert full name and address or legal title of Owner) 3200 E. TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262 as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of the Amount Sid - - - - - - - Dollars ($ lout - - - ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name,address and description of project) SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT PROJECT NO. 0114 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 25 day of October 2002 Steiny and Company, Inc. �/ (Principal) P (Seal) //J (Witness) ' ' �1�� (Title) Ameri an Motorists Insurance Company Y _ (S ty) (Seal) HRISTIN MAESTAfWltness) VICTORIA VOORHEES (Title) Attorney-in-Fact Printed in cooperation with The American Insmue of Architects(AIA)by Willis.Willis vouches that the Iangucge in the document confarms exactly to the language used in All Document A310,February 1970 Edition. WC0054 STATE OF California SS. COUNTY OF Orange On— October 25,2002 , before me, Christine Maestas, Notary Public PERSONALLYAPPEARED Victoria Voorhees personally known to me(or proved to me on the basis of satisfactory, evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed 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 upon behalf of which the person(s)acted, executed the instrnmient. �.��e. 3.�r,,-,.y. „� ,:,,mq sISTFiS� "' , 15a9 WITNESS my hand and official seal. �r .� Commi,�,�n,k 12 _ r :.t_�. fdoteryPubli�-Cr;ff�nia orano=C�un y Signature This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER Bid Bond TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: October 25,2002 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(5)OR ENT"(IES) American Motorists Insurance Company Stelny and Company, Inc. SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the "Company") do hereby appoint Victoria Voorhees , John D. Miller , Teresa I. Jackson , Christine Maestas , Scott Salandi and Michael R Szot of SANTA ANA , CA (EACH) their true and lawful agent(s) and Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." FK 09 75 (Ed. 09 01) Page 1 of 2 Printed in U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ++��I((� ��11__ 14 ' _ �( �,1 n` I On L �W)beforeme,awpLfA � , oT�ICL&IOUylV �)Y�/� I'll . D t, Name and Tile arOrl,cer(e9,'Jane Doe,Notary Publm"l personally appeared I)io- XCL--QSI�( )�� Names)or Sgnegs) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are SHAWN R. BRADFIELD subscribed to the within instrument and Commission R 1370336 acknowledged to me that he/she/they executed i Notary Public - California the same in his/her/their authorized Riverside County capacity(ies), and that by his/her/their MyCornrn.Ei¢NresAug16,2006 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal.r//\` 3i nature or Nolary Pubis � L— OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Tat,of Ihumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator U Other: Signer Is Representing: D 1999 National Notary Association•9350 De Soto Ave,PO eox 2492•CM1alswotlM1,CA 91313-2ag2•wwwnallonalnolaryorq Pred Na 5907 Reorder Call Toll-Free 1-800-8766827 BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: Steiny And Company Inc. 210 N. DeRiPah Street Cotona Ca. 92879 2. CONTRACTOR'S Telephone Number: ( gog 1 738-1444 Facsimile Number: ( 909 1 379-8906 3. CONTRACTOR'S License: Primary Classification 161273 A B. C-7 C-10 State License Numberls) 161273 Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety WV..P-i.6 Cartoon o4 Orange County Address 1551 N. Tustin Ave. Suite 1000 Sara Ana Ca 92705 Surety Company Wif.U6 Cotroon ob Orange County Agent: Victoria Telephone Numbers: Agent ( 714) 953-9521 Surety ( 714 ) 953-9521 5. Type of Firm (Individual, Partnership or Corporation): CwLio radon 6. Corporation organized under the laws of the State of: Ca.4otnia 7. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm: J. U Steinu - Chairman Susan S#eint/ - President Richard Te6m ieto - Vice Pre6.ident Gauge Kanpefrnan - Secretary I SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT BIDDER'S GENERAL INFORMATION CITY PROJECT NO.01-14 BID FORMS -PAGE 7 9126/02 BIDDER'S GENERAL INFORMATION (Continued) 8. Number of years experience as a contractor in this specific type of construction work: 9. List at least three related projects completed to date: 1100 E. Uhangethohpe a. Owner SuV P_y Mi.2�m Conthac4WMess Anaheim, Ca. 92801 Contact M .t z Class of Work TtiaAA a CiynaOa Phone (714) 578-9600 Contract Amount $48 1300 00 L.A. Counts/ Project fir,t. n4 P.9. Date Completed 9001 Contact Person Telephone number b. Owner City o4 Diamond Bah. Address 9795 00.p4o y DA DjRmand Bad, Ca. 91765 Contact John Hui Class of Work T,iaAAic S�q -ae6 Phone (909) 860-2489 Contract Amount 4/7 095 00 Project City o4 Diamond Bah. Date Completed 9000 Contact Person Telephone number 1950 SawtePP.e Blvd. Suite 295 C. Owner MGoheAieP.d Conetthucti/bdslress IA Ca 90095 Contact Jima Sygve3te Class of Work Phone (310) 478-8295 Contract Amount $109Q,7 00 Project City ob Noh.wa.P_12 Date Completed 9000 Contact Person Telephone number 10. List the name and title of the person who will supervise full-time the proposed work for your firm: t3avtd �bccrd4r5r��e �00 eE3ui.houlcu\, 11. Is full-time supervisor an employee X contract services ? 12. A recent financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT CITY PROJECT NO.01-14 BIDDER'S GENERAL INFORMATION 9126/02 BID FORMS -PAGE 8 CITY PROJECT NO. 01 -14 The Special Provisions contained herein have been prepared by, or under the direct supervision of, the following Registered Civil Engineer: � of 7 Nq h � t' Mar . Miller, P.E. * No. 40956 Civil Engineer C 40956 Exp. 3-31-03 sT cIV1� ?�P �rF OF cvuF°� TRAFFIC No..11575 DATE. 63 Approved by: 0/i "/ David J. Barakian, P.E. Director of Public Works/City Engineer Civil Engineer C 28931 SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT PROJECT CITY PROJECT NO.01-14 8/29/02 SIGNATURE PAGE NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND SPECIAL PROVISIONS TABLE OF CONTENTS PART I -- BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS Notice Inviting Bids Instructions to Bidders Bid Forms Bid (Proposal) Bid Schedule List of Subcontractors Non-collusion Affidavit Bid Bond (Bid Security Form) Bidder' s General Information Agreement and Bonds Agreement Form Worker' s Compensation Certificate Performance Bond Payment Bond Certificate of Insurance PART II -- SPECIAL PROVISIONS Section 1 - Specifications and Plans Section 2 - Proposal Requirements and Conditions Section 3 - Award & Execution of Contract Section 4 - Scope of Work: Beginning of Work, Time of Completion, and Liquidated damages Section 5 - Control of Work Section 6 - Control of Materials Section 7 - Legal Relations and Responsibility Section 8 - Prosecution and Progress Section 9 - Measurement and Payment Section 10 - Construction Details SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT CITY PROJECT NO.01-14 SPECIAL PROVISIONS 9/26102 GENERAL CONTENTS - PAGE 1 CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING DEPARTMENT PART I - BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT CITY PROJECT NO. 01-14 Notice Inviting Bids Instructions to Bidders Bid Forms Bid (Proposal) Bid Schedule List of Subcontractors Non-Collusion Affidavit Bid Bond (Bid Security Form) Bidder' s General Information Agreement and Bonds Agreement Form Worker' s Compensation Certificate Performance Bond Payment Bond Certificate of Insurance SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT CITY PROJECT NO.01-14 PART 1 CONTENTS 9/26/02 PAGE 1 CITY OF PALM SPRINGS NOTICE INVITING BIDS For constructing SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT City Project No. 01-14 N-1 NOTICE IS HEREBY GIVEN that sealed bids for the Sunrise Way Traffic Signal Interconnect will be received at the office of the Procurement Manager of the City of Palm Springs, California, until 2 : 00P.M. on October 29, 2002, at which time they will be opened and read aloud. N-2 DESCRIPTION OF THE WORK: The Work comprises the construction of a traffic signal interconnect system, modifying traffic signals and all appurtenant work on Sunrise Way from Tachevah Drive to East Palm Canyon Drive in Palm Springs . N-3 AWARD OF CONTRACT: (a) The City reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a bid, or to make award to the lowest responsive, responsible bidder and reject all other bids, as it may best serve the interest of the City. (b) As a condition of award, the successful bidder will be required to submit payment and performance bonds and insurance. N-4 BID SECURITY: each bid shall be accompanied by a certified or cashier' s check or Bid Bond in the amount of 10 percent of the total bid price, payable to the City of Palm Springs. N-5 BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a period of 60 calendar days from the date of bid opening. N-6 CONTRACTOR' S LICENSE CLASSIFICATION: The Contractor shall possess a valid Class A or C-10 Contractor license at the time of submitting bids . N-7 CALIFORNIA WAGE RATE REQUIREMENTS: The Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed. A copy of said wage rates is on file at the office of the City Engineer. The Contractor and any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates at the project site. N-8 RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by the City, by SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT CITY PROJECT NO.01-14 NOTICE INVITING BIDS 9126/02 PAGE 1 depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code. N-9 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: (a) Contract Documents may be , inspected without charge at the office of the City Engineer, 3200, East Tahquitz Canyon Way, Palm Springs, CA 92262 . (b) Complete sets of said Contract Documents may be purchased at $35 . 00 per set and are obtainable from the office of the City Engineer, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262 . No refund will be made of any charges for sets of Contract Documents . (c) An additional fee of $20 . 00 will be charged for sets of documents sent by mail. N-10 ADDRESS AND MARKING OF BIDS: The envelope enclosing the Bid shall be sealed and addressed to the City of Palm Springs, and shall be delivered or mailed to the Director of Procurement and Contracting at 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262 . The envelope shall be plainly marked in the upper left hand corner with the name and address of the Bidder and shall bear the words "Bid For. . . followed by the title of the Project and the date and hour of opening Bids . The certified or cashier' s check or Bid Bond shall be enclosed in the same envelope with the Bid. BY ORDER OF THE CITY OF PALM SPRINGS Date 7 By David J. Barakian, PE Director of Public Works/City Engineer SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT NOTICE INVITING BIDS CITY PROJECT NO.01-14 PAGE 2 9126102 CITY OF PALM SPRINGS INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS - Terms used in these Instructions to Bidders and the Notice Inviting Bids and not defined herein shall have the meanings assigned to them in the General and Special Provisions. The term "Bidder' shall mean one who submits a Bid directly to the City, as distinct from a sub-bidder, who submits a Bid to a Bidder. The term "Engineer" shall be as defined in the Special Provisions. 2. COMPETENCY OF BIDDERS - In selecting the lowest responsive, responsible Bidder, consideration will be given not only to the financial standing of the Bidder, but also to the general competency of the Bidder for the performance of the Work covered by the Bid. To this end, each Bid shall be supported by a statement of the Bidder's experience as of recent date on the form entitled "Bidder's General Information," bound herein. Except as otherwise provided under Public Contract Code §20103.5, no Bid for the Work will be accepted from a contractor who does not hold a valid contractor's license in the State of California for the classifications named in the Notice Inviting Bids at the time of award. 3. DISQUALIFICATION OF BIDDERS - More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. If the City believes that any Bidder is interested in more than one Bid for the Work contemplated, all Bids in which such Bidder is interested will be rejected. If the City believes that collusion exists among the Bidders, all Bids will be rejected. 4. BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND THE SITE — (a) It is the responsibility of each Bidder before submitting a Bid to examine the Contract Documents thoroughly; visit the site to become familiar with local conditions that may affect cost, progress, or performance of the Work; consider federal, state, and local laws and regulations that may affect cost, progress, or performance of the Work; study and carefully correlate the Bidder's observations with the Contract Documents; and notify the Engineer of all conflicts, errors, or discrepancies noted in the Contract Documents. (b) Reference is made to the Special Provisions for identification of those reports of explorations and tests of subsurface conditions at the site which may have been utilized by the Engineer in the preparation of the Contract Documents. However, such reports are NOT a part of the Contract Documents. The interpretation of such technical data, including any interpolation or extrapolation thereof, together with non-technical data, interpretations, and opinions contained therein or the completeness thereof is the responsibility of the Bidder. (c) Copies of such reports and drawings will be made available for inspection by the City to any Bidder upon request. Those reports and drawings are NOT part of the Contract Documents, but any technical data contained therein upon which the Bidder is entitled to rely is limited to that set forth in the Special Provisions. (d) Subject to the provisions of Section 4215 of the California Government Code, information and data reflected in the Contract Documents with respect to underground utilities at or contiguous to the site is based upon information and data furnished to the City and the Engineer by the owners of such underground utilities or others, and the City does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Special Provisions. (a) Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground utilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in the Standard Specifications and Special Provisions. If) Before submitting a Bid, each Bidder must, at Bidder's own expense, make or obtain any additional examinations and investigations which pertain to the physical conditions (surface, subsurface, and underground utilities) at or contiguous to the site or otherwise which may affect cost, progress, or performance of the Work and which the Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents. (g) Where feasible, upon request in advance, the City will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submittal of a Bid. The Bidder shall fill all exploration and test holes made by the Bidder and shall repair damage, clean up, and restore the site to its former condition upon completion of such exploration. �(hn)d The lands upon whaicrh1,4the Work� is to be performed, the rights-of-way and easements for access �t VlrA�tl RAFT-ICr(3NJlER�OECIthe Contractor in performing the Work are identified in the Contract CITY PROJECT NO.01-14 INSTRUCTIONS TO 9/26/02 BIDDERS-PAGE 1 Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Contractor. Easement for permanent structures or permanent changes in existing structures will be obtained and paid for,by the City unless otherwise provided in the Contract Documents. (i) The submittal of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article; that without exception the Bid is premised upon performing the Work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents; and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all the terms and conditions for performance of the Work. 5. INTERPRETATIONS - All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be resolved by the issuance of Addenda mailed or delivered to all parties recorded by the Engineer or the City as having received the Contract Documents. Questions received less than 5 days prior to the date of opening Bids may not be answered. Only questions that have been resolved by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. 6. BID SECURITY, BONDS, AND INSURANCE - Each Bid shall be accompanied by a certified or cashier's check or approved Bid Bond in the amount stated in the Notice Inviting Bids. Said check or bond shall be made payable to the City and shall be given as a guarantee that the Bidder, if awarded the Work, will enter into an Agreement with the City and will furnish the necessary insurance certificates, Payment Bond, and Performance Bond. Each of said bonds and insurance certificates shall he in the amounts stated in the Standard Specifications or Special Provisions. In case of refusal or failure of the successful Bidder to enter into said Agreement, the check or Bid Bond, as the case may be, shall be forfeited to the City. If the Bidder elects to furnish a Bid Bond as its security, the Bidder shall use the Bid Bond form bound herein, or one conforming substantially to it in form. 7. RETURN OF BID SECURITY - Within 14 days after award of the Contract, the City will return all bid securities accompanying such of the Bids that are not considered in making the award. All other Bid securities will be held until the Agreement has been finally executed. They will then be returned to the respective Bidders whose Bids they accompany. 8. BID FORM -The Bid shall be made on the Bid Schedule sheets bound herein. Unless otherwise provided in the Notice Inviting Bids, in the event there is more than one Bid Schedule, the Bidder may Bid on any individual schedule or on any combination of schedules. All bid items shall be properly filled out. Where so indicated in the Bid Documents, Bid price shall be shown in words and figures, and In the event of any conflict between the words and figures, the words shall govern. The envelope enclosing the sealed bids shall be plainly marked in the upper left-hand corner with the name and address of the Bidder and shall bear the words "BID FOR," followed by the title of the Contract Documents for the Work, the name of the "CITY OF PALM SPRINGS," the address where the bids are to be delivered or mailed to, and the date and hour of opening of bids. The Bid Security shall be enclosed in the same envelope with the Bid. 9. SUBMITTAL OF BIDS - The Bids shall be delivered by the time and to the place stipulated in the Notice Inviting Bids. It is the Bidder's sole responsibility to see that its Bid is received in proper time. Bids will not be accepted after the appointed time for opening of bids, no matter what the reason. 10. DISCREPANCIES IN BIDS - In the event that there is more than one Bid Item in the Bid Schedule, the Bidder shall furnish a price for all Bid Items in the schedule, and failure to do so will render the Bid as non-responsive and may cause its rejection. In the event that there are unit price Bid Items in a Bid Schedule and the "amount" indicated for a unit price Bid Item does not equal the product of the unit price and quantity listed, the unit price shall govern and the amount will be corrected accordingly, and the Contractor shall be bound by such correction, subject to the provisions of Section 5106 et seq. of the California Public Contract Code. In the event that there is more than one Bid Item in a Bid Schedule and the total indicated for the schedule does not agree with the sum of prices Bid on the individual items, the prices bid on the individual items shall govern and the total for the schedule will be corrected accordingly, and the Contractor shall be bound by said correction, subject to the provisions of Section 5100 et seq. of the California Public Contract Code. 11. QUANTITIES OF WORK — (a) The quantities of work or material stated in unit price items of the Bid are supplied only to give an indication of the general scope of the Work; the City doe's not expressly or by implication agree that the actual amount of work or material will correspond therewith. SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT CITY PROJECT NO.01-14 INSTRUCTIONS TO 9/26102 BIDDERS-PAGE 2 (b) In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit prices established for such work under the Contract Documents; provided, that on unit price contracts, increases of more than 25 percent, decreases of more than 25 percent, and eliminated items shall be adjusted as provided in Section 3 of the Standard Specifications and Special Provisions. 12. WITHDRAWAL OF BID -The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or it's properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids prior to the scheduled closing time for receipt of Bids. 13. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS - Unauthorized conditions, limitations, or provisos attached to the Bid will render it informal and may cause its rejection as being non-responsive. The completed Bid forms shall be without interlineation, alterations, or erasures. Alternative Bids will not be considered unless expressly called for in the Notice Inviting Bids. Oral, FAX, telegraphic, or telephone Bids or modifications will not be considered. 14. LIQUIDATED DAMAGES -Provisions for liquidated damages, if any, shall be as set forth in the Agreement and the provisions of the Special Provisions. 15. SUBSTITUTE OR "OR-EQUAL" ITEMS -The procedure for submittal of any application for a substitute or "or equal" item by the Contractor and consideration by the Engineer is set forth in Section 6 of the Standard Specifications and Special Provisions. 16. AWARD OF CONTRACT - Award of Contract, if it is awarded, will be based primarily on the lowest overall cost to the City, and will be made to a responsive, responsible Bidder whose Bid complies with all the requirements prescribed. Unless otherwise specified, any such award will be made within the period stated in the Notice Inviting Bids that the Bids are to remain open, unless extended by mutual agreement of the bidders. Unless otherwise indicated, a single award will not be made for less than all the Bid Items of an individual Bid Schedule. In the event the Work is contained in more than one Bid Schedule, the City may award schedules individually or in combination. In the case of 2 or more Bid Schedules which are alternative to each other, only one of such alternative schedules will be awarded. 17. EXECUTION OF AGREEMENT - The Bidder to whom award is made shall execute a written Agreement with the City on the form of agreement provided, shall secure all insurance, and shall furnish all certificates and bonds required by the Contract Documents within 15 calendar days after receipt of the Agreement forms from the City. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award and forfeiture of the Bid Security. If the lowest responsive, responsible bidder refuses or fails to execute the Agreement, the City may award the Contract to the second lowest responsive, responsible Bidder. If the second lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the City may award the Contract to the third lowest responsive, responsible Bidder. On the failure or refusal of such second or third lowest Bidder to execute the Agreement, each such bidder's Bid Securities shall be likewise forfeited to the City. 18. WORKER'S COMPENSATION REQUIREMENT - The Bidder should be aware that in accordance with laws of the State of California, the Bidder will, if awarded the Contract, be required to secure the payment of compensation to its employees and execute the Worker's Compensation Certification. 19. LOCAL BUSINESS PROMOTION — (a) In determining the lowest responsible Bidder, the following provisions of Section 7.09.030 of the City of Palm Springs Municipal Code shall be applied to a Bid submitted by a local business enterprise or contractor: For any contract for services, including construction services, a reciprocal preference shall be given as against a non-local business enterprise contractor from any state, county or city that gives or requires a preference to contractors from that entity in award of its service contracts. The amount of the reciprocal preference shall be equal to the amount of the preference applied by the entity in which the non-local business enterprise contractor is based as against the Bid of a City of Palm Springs contractor. (b) For all contract Bids proposing sub-contractors: (1) The prime contractor shall use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises, and to sub-contract services to businesses whose work force resides within the Coachella Valley ("local sub-contractor"). SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT CITY PROJECT NO.01-14 INSTRUCTIONS TO 9126/02 BIDDERS-PAGE 3 (2) The prime contractor shall submit evidence Of such good faith efforts at the time of submission of Bids. Good faith efforts may be evidenced by placing advertisements inviting proposals in local newspapers, sending requests for proposals to local sub-contractors, or by demonstrating that no local sub-contractors are qualified to perform the work of supply the materials or equipment. (3) Any notice inviting Bids which may requirel the use of sub-contractors shall include notification of this subdivision. (4) The City may reject as non-responsive the Bid of any contractor proposing to use sub-contractors that fails to comply with the requirements of this subdivision. - END OF INSTRUCTIONS TO BIDDERS - SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT CITY PROJECT NO.01-14 INSTRUCTIONS TO 9/26/02 BIDDERS-PAGE 4 CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING DEPARTMENT PART II - SPECIAL PROVISIONS SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT CITY PROJECT NO. 01-14 Section 1 Specifications and Plans Section 2 Proposal Requirements and Conditions Section 3 Award & Execution of Contract - Section 4 Scope of Work, Beginning of Work, Time of Completion, and Liquidated Damages Section 5 Control of Work Section 6 Control of Materials Section 7 Legal Relations and Responsibility Section 8 Prosecution and Progress Section 9 Measurement and payment Section 10 Construction Details SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT CONTENTS CITY PROJECT NO. 01-14 PART II 9126/02 SECTION 1 - SPECIFICATIONS AND PLANS 1-1 GENERAL 1-1. 1 Standard Specifications . -, The Work hereunder shall be done in accordance with the Standard Specifications dated July 1999 and the Standard Plans dated July 1999, of the California Department of Transportation insofar as the same may apply and in accordance with the following Special Provisions . In case of conflict between the Standard Specifications and these Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions. 1-1 .2 Supplementary Reference Specifications. - Insofar as references may be made in these Special Provisions to the Standard Specifications for Public Works Construction ("Greenbook" ) , 2000 Edition, such work shall conform to the referenced portions of the technical provisions only of said reference specifications, provided, that wherever the term "Standard Specifications" with or without .the prefix "Caltrans" is used, it shall mean the Standard Specifications dated July 1999 and the Standard Plans dated July 1999, of the California Department of Transportation, as previously specified in the above paragraph. 1-1. 3 Definitions and Terms . - Wherever in the Standard Specifications the following terms are used, the definitions shall be amended to read: Days - As used in these Special Provisions, days shall mean calendar days. Department - Public Works and Engineering Department of the City of Palm Springs, California. Director - Director of Public Works/ City Engineer of the City of Palm Springs, California. Engineer - Director of Public Works/City Engineer of the City of Palm Springs, California. Highway - Highway, roadway, street, avenue, lane, boulevard, or other public thoroughfare for vehicular traffic. Liquidated Damages - The amount prescribed in the specifications, pursuant to the authority of Government Code Section 53069.85, to be paid to the City of Palm Springs or to be deducted from any payments due or to become due the Contractor for each day's delay in completing the whole or any specified portion of the Work beyond the time allowed in the Special Provisions. SPECIAL PROVISIONS SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT SPECIFICATIONS AND PLANS CITY PROJECT NO. 01-14 SECTION 1 -PAGE 1 9/26/02 Standard Plans - The Standard Plans of the City of Palm Springs and the State of California Department of Transportation. State - The City of Palm Springs, California, a legal entity organized and existing in the County of Riverside, State of California. State Contract Act - All applicable provisions of the Public Contract Code (excluding Chapter 1, Division 2, Part 2, therein) , Government Code, Labor Code, Civil Code, Business & Professions Code, as they apply to contracts with local public agencies, as defined in said codes. Working Day - A Working Day is defined as any day, except as follows: (a) Saturdays, Sundays, and any designated legal holiday officially observed by the City of Palm Springs. Designated legal holidays are: New Year's Day (January 1) Martin Luther King Jr. Day (January 21) Lincoln's Birthday (February 12) President's Day (Third Monday in February) Memorial Day (Last Monday in May) Independence Day (July 4) Labor Day (First Monday in September) Veteran's Day (November 11) Thanksgiving Day (Last Thursday in November) Day after Thanksgiving Day (Last Friday in November) Christmas Eve Day (December 24) Christmas Day (December 25) When a designated holiday falls ion a Saturday, the Friday before the holiday shall be a designated legal holiday. When a designated holiday falls on a Sunday, the Monday after the holiday shall be a designated legal holiday. (b) Days on which the Contractor is prevented by inclement weather or conditions resulting immediately therefrom adverse to the current controlling operation or operations, as determined by the Engineer, from proceeding with at least 75 percent of the normal labor and equipment force engaged on such operation or operations for at least 60 percent of the total daily time being currently spent on the controlling operation or operations. 1-2 PRELIMINARY MATTERS 1-2 .01 Legal Address of the City: The official address of the City shall be City of Palm Springs, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262, or such other address as the City may subsequently designate in written notice to the Contractor.' SPECIAL PROVISIONS SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT SPECIFICATIONS AND PLANS CITY PROJECT NO. 01-14 SECTION 1 -PAGE 2 9/26102 1-2 . 02 Legal Address of the Engineer: The official address of the Engineer shall be City of Palm Springs, Public Works and Engineering Department, 3200 East Tahquitz Canyon Way, Post Office Box 2743, Palm Springs, California 92263-2743, or such other address as the Engineer may subsequently designate in writing to the Contractor. 1-2 .03 Legal Address of the City' s Project Representative: The name and address of the City' s designated Project Representative shall be the Engineering Field Supervisor, Public Works and Engineering Department, 3200 East Tahquitz Canyon Way, Post Office Box 2743, Palm Springs, California 92263-2743, or such other address as the Resident Project Representative may subsequently designate in writing to the Contractor. 1-2 . 04 Notification: The Contractor shall notify the City of Palm Springs and the owners of all utilities and substructures not less than 48 hours prior to starting construction. The following list of names and telephone numbers is intended for the convenience of the Contractor and is not guaranteed to be complete or correct: CITY OF PALM SPRINGS Tom Cartwright, Engineering Field Supervisor (760) 323-8253 Sherman Ferguson, Streets Maintenance Supervisor (760) 323-8167 Dave Barakian, City Engineer (760) 323-8253 VERIZON Attention: Mr. Bill Morrow (760) 778-3627 DESERT WATER AGENCY Attention: Mr. Woody Adams (760) 323-4971 SOUTHERN CALIFORNIA EDISON COMPANY Attention: Mr. Kim Hoover (760) 202-4248 SOUTHERN CALIFORNIA GAS COMPANY Attention: Ken Kennedy (909) 335-7716 TIME-WARNER CABLE Attention: Mr. Dale Scrivner (760) 778-3400 WHITEWATER MUTUAL Attention: Mr. Stan Clar]c (760) 325-5880 SPRINT Attention: Mr. Lynn Durrett (909) 874-7450 SPECIAL PROVISIONS SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT SPECIFICATIONS AND PLANS CITY PROJECT NO. 01-14 SECTION 1 -PAGE 3 9/26/02 UNDERGROUND SERVICE ALERT (800) 227-2600 1-2 . 05 Emergency Information: The names, addresses, and telephone numbers of the Contractor, sub-contractors, or their representatives, shall be filed with the Engineer at the preconstruction meeting. END OF SECTION - SPECIAL PROVISIONS SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT SPECIFICATIONS AND PLANS CITY PROJECT NO. 01-14 SECTION 1 -PAGE 4 9/26/02 SECTION 2 - PROPOSAL REQUIREMENTS AND CONDITIONS 2-1 . 01 Plans and Specifications. - The contract plans furnished consist of general drawings and show such details as are necessary to give a comprehensive idea of the construction contemplated. All authorized alterations affecting the requirements and information given on the contract plans shall be in writing. - END OF SECTION - SPECIAL PROVISIONS SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT PROPOSAL REQUIREMENTS &CONDITIONS CITY PROJECT NO. 01-14 SECTION 2-PAGE 1 9/26102 SECTION 3 - AWARD AND EXECUTION OF CONTRACT 3-1 CONTRACT BONDS . The provisions of Section 3-1. 02 of the Standard Specifications shall be changed to read as follows: "3-1 .02 Contract Bonds. a. Before execution of the Contract, the Contractor shall file surety bonds with the City to be approved by the City Council in the amounts and for the purposes noted below. Bonds issued by a surety who is listed in the latest version of U. S . Department of Treasury Circular 570, who is authorized to issue bonds in California, and whose bonding limitation shown in the said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the City. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995 . 660 (a) . The Contractor shall pay all bond premiums, costs, and incidentals . Each bond shall incorporate, by reference, the Contract and be signed by both the Contractor and Surety and the signature of the authorized agent of the Surety shall be notarized. b. The Contractor shall provide two good and sufficient surety bonds . The Performance Bond shall be for 100 percent of the Contract Price to guarantee faithful performance of all work, within the time prescribed, in a manner satisfactory to the City, and that all materials and workmanship will be free from original or developed defects . The bond must remain in effect until the end of all warranty periods set forth in the Contract. The Payment Bond (Material and Labor Bond) shall be for not less than 100 percent of the Contract Price, to satisfy claims of material suppliers and mechanics and laborers employed by it on the Work. The bond shall be maintained by the Contractor in full force and effect until the Work is accepted by the City and until all claims for materials and labor are paid, and shall otherwise comply with the Civil Code. c. The Contractor shall provide for a one-year extension of the Performance Bond to cover the one-year correction and repair period for correction or removal and replacement of defective work. Said Performance Bond shall be maintained at not less than 15 percent of the Contract Price during said one-year extension. d. Bonds shall be executed by either: (a) two (2) or more sufficient personal sureties; (b) one sufficient admitted SPECIAL PROVISIONS SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT AWARD &EXECUTION OF CONTRACT CITY PROJECT NO. 01-14 SECTION 3-PAGE 1 9/26/02 surety insurer; or (c) a combination of sufficient personal sureties and admitted surety insurers . If a corporate surety insurer is used, a County Clerk' s certificate evidencing that it is an admitted surety insurer shall be submitted with the bonds . If a personal surety is used, all requirements set out in Code of Civil Procedure Section 995 . 510 shall be met to ', the satisfaction of the City Engineer." 3-2 EXECUTION OF CONTRACT The provisions of Section 3-1. 03 of the Standard Specifications shall be changed to read as follows : 113-1 .03 Execution of Contract. - The contract shall be signed by the successful bidder and returned, together with the contract bonds, within the number of days specified in the Instructions to Bidders." END OF SECTION - SPECIAL PROVISIONS SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT AWARD &EXECUTION OF CONTRACT CITY PROJECT NO. 01-14 SECTION 3-PAGE 2 9/26102 SECTION 4 - SCOPE OF WORK; BEGINNING OF WORK; TIME OF COMPLETION; AND LIQUIDATED DAMAGES Attention is directed to the provisions of Section 8-1 . 03 "Beginning of Work, " Section 8-1 . 06 "Time of Completion, " and Section 8-1. 07 "Liquidated damages" of the Standard Specifications and these Special Provisions . The Contractor shall begin work within 15 calendar days after the Contract has been approved by the legal counsel of the City and a written Notice to Proceed issued to the Contractor. The Work identified in the Bid Schedule shall be diligently prosecuted to completion before the expiration of: 20 WORKING DAYS from the day specified in the Notice to Proceed issued by the City. Said time of completion does not include time associated with ordering long lead-time items. Contractor shall refer to Section 6-1.03 of these Special Provisions for requirements associated with ordering long lead-time items . All traffic signal equipment, in addition to any other long-lead time items, shall be ordered within three (3) working days following award of this contract by the City Council. Failure to order long lead-time items that causes work to extend past the allowable time of completion shall cause this contract to be subject to liquidated damages as allowable herein. As set forth in the Agreement, the Contractor shall pay to the City as liquidated damages the sum set forth in the Agreement per day for each and every calendar day' s delay in finishing the Work in excess of the number of working days prescribed above. END OF SECTION - SPECIAL PROVISIONS SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT SCOPE OF WORK CITY PROJECT NO. 01-14 SECTION 4-PAGE 1 9/26102 SECTION 5 - CONTROL OF WORK 5-1 .01 Warranty Performance Bond. - The Performance Bond furnished by the Contractor shall remain in force and effect, and shall not be exonerated for a period of one year after the City' s acceptance of the project; or, at the Contractor' s option in lieu thereof, the Contractor may furnish a Warranty Performance Bond prior to acceptance of the work, in a sum not less than 15 percent of the face amount of the contract, such bond to guarantee Contractor' s performance of the obligation to repair or replace defective materials or workmanship as stated elsewhere in these provisions, and to remain in effect for a period of one year from the date of City' s acceptance of the project. Nothing in this paragraph shall be deemed or construed to limit the Contractor' s obligation of performance. 5-1.02 Access or Temporary Rights-of-Way. - All access or construction rights-of-way of a temporary nature, other than shown on the plans, which the Contractor may find that it required during progress of the work, shall be arranged for and paid for entirely by the Contractor, at its own expense. 5-1 .03 Protection of Survey Monuments . - It shall be the Contractor' s responsibility to protect all the existing survey monuments, bench marks, survey marks and stakes . Removal of such monuments, or displacement thereof, shall require their resetting per City Standards for the existing type of monument at the Contractor ' s expense. Contractor is advised that resetting of monuments will be done by the City' s survey crew. Should the Contractor anticipate removal of any survey monuments, it shall notify the Engineer before removal. The Contractor shall be financially responsible for reinstalling the monument well, and the City' s survey crew will reset the monument. 5-1.04 Authority of Engineer. - The Engineer shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the work; all questions which may arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the contract on the part of the Contractor; and all questions as to compensation. SPECIAL PROVISIONS SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT CONTROL OF WORK CITY PROJECT NO. 01-14 SECTION 5-PAGE 1 9/26/02 His decision shall be final and he shall have authority to enforce and make effective such decisions and orders which the Contractor fails to carry out promptly. 5-1 . 05 Inspection. - The Engineer shall, at all times, have safe access to the work during its construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the requirements and intentions of the Specifications, the Special Provisions, and the Plans. All work done and all materials furnished shall be subject to his inspection. When the work has been completed, the Engineer will make the final inspection. 5-1 .06 Addenda. - Any questions or comments that prospective bidders may have concerning the plans, specifications, or Special Provisions should be directed to the Engineer. Any written clarifications will be issued as addenda generated by the Engineer. Any addenda issued during the time of bidding shall be acknowledged as a part of the Contract Documents . 5-1 . 07 Site Examination. - Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the work, and the general and local conditions particularly, but without limitation to all other matters, which can in any way affect the work or' the cost thereof. The failure of the Contractor to acquaint itself with all available information regarding any applicable conditions will not relieve it from the responsibility for properly estimating either the difficulties or the costs of successfully performing the work. 5-1 .08 Flow and Acceptance of Water. - It is anticipated that storm, surface or other waters , will be encountered at various times during the work herein contemplated. The Contractor, by submitting a bid, acknowledges that it has investigated the risk arising from such waters and has prepared its bid accordingly; and the Contractor submitting a bid shall assume all risk. 5-1 . 09 Prohibition Against Subcontracting or Assignment. - The experience, knowledge, capability and reputation of the Contractor, its principals and,, employees were a substantial inducement for the City to enter into this Contract. Therefore, the Contractor shall not contract', with any other entity to perform in whole or in part the service's required hereunder without the express written approval of the ', City. In addition, neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation SPECIAL PROVISIONS SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT CONTROL OF WORK SECTION 5-PAGE 2 CITY PROJECT NO. 01-14 9/26/02 of law, whether for the benefit of creditors or otherwise, without prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than 25 percent of the present ownership and/or control of the Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express written consent of the City. This Article does not apply to the assignment of anti-trust actions by the Contractor or subcontractor under the provisions of Section 7-1. 011 of the Standard Specifications . - END OF SECTION - SPECIAL PROVISIONS SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT CONTROL OF WORK CITY PROJECT NO. 01-14 SECTION 5-PAGE 3 9/26/02 SECTION 6 -- CONTROL OF MATERIALS 6-1 TRADE NAMES OR EQUALS 6-1 .01 Substitutions or Approved Equals . - Contractors requesting approval of "equal products" shall submit their request, along with data substantiating such request, to the Engineer no later than 20 days after bid opening. Data for approval of other materials shall include complete calculations, technical data, samples and/or printed materials relating to performance and physical characteristics of proposed substitutes . Appearances of manufacturers, company names, details of products or services, or product names, in either plans or specifications, are specified or designated for reference only and do not constitute an endorsement of same by the Engineer or the City. 6-1 .02 Submittals for Approval of "Or Equals. " - Should the Contractor request approval for "or equal" products, it shall submit data substantiating such request to the Engineer as per Subsection 6-1. 01, above. Data for approval of "or equal" products shall include complete calculations, technical specifications, samples, or published documents relating to the performance and physical characteristics of the proposed substitute. The appearance of manufacturer and product names or trademarks, details of materials or services, or product descriptions in either the Plans or the Specifications are for reference only and do not constitute an endorsement of same by the Engineer or the City. 6-1 . 03 Placing Orders . - The Contractor shall place the order (s) for all long lead-time supplies, materials and equipment for any and all water, telephone, electrical, gas, sanitary sewer and traffic signal facilities within 3 working days after the award of contract by the City of Palm Springs City Council. The Contractor shall furnish the Engineer with a statement from the vendor (s) that the order (s) for said supplies, materials, and equipment has been received and accepted by said vendor (s) within 15 working days from the date of said award of Contract. 6-1.04 Correction and Repair Period: - If within one year after the date of completion and acceptance of the Work, or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by SPECIAL PROVISIONS SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT CONTROL OF MATERIALS CITY PROJECT NO. 01-14 SECTION 6-PAGE 1 9/26/02 the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, the Contractor shall promptly, without cost to the City and in accordance with the City' s written instructions : (i) correct such defective Work, or, if it has been rejected by the City, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If the Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the City may have the defective Work corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement, including claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by the Contractor. In special circumstances where a , particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents . Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under Subsection 6-1 . 05, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. - END OF SECTION - SPECIAL PROVISIONS SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT CONTROL OF MATERIALS CITY PROJECT NO. 01-14 SECTION 6-PAGE 2 9/26102 SECTION 7 - LEGAL RELATIONS AND RESPONSIBILITY 7-1 LEGAL RELATIONS The following modifications, deletions, additions, or other changes shall be made to the indicated articles, paragraphs, and sub- paragraphs of Section 7 of the Standard Specifications . 7-1. 01 Laws to be Observed. - The original provisions of Section 7-1 . 01 shall be deleted and the following substituted therefor: "7-1 . 01 Laws to be Observed. - The Contractor shall keep itself fully informed of all existing and future State and Federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any way affect the conduct of the Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. He or she shall at all times observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the Work; and shall indemnify the City, and all officers and employees thereof connected with the Work, including but not limited to the Director of Public Works and the Engineer, against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by itself or its employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications, or contract for the work in relation to any such law, ordinance, regulation, order, or decree the Contractor shall forthwith report the same to the Engineer in writing. " 7-1. 02 Labor Code Requirements. - Attention is directed to the following requirements of the Labor Code: Hours of Labor. - The provisions of Section 7-1 . 01A(1) shall be modified to read: "7-1.01A(l) Hours of Labor. - Eight hours labor constitutes a legal day' s work. The Contractor shall comply with all applicable provisions of Section 1810 to 1815, inclusive, of the California Labor Code relating to working hours. The Contractor shall forfeit, as a penalty to the City, $25. 00 SPECIAL PROVISIONS SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT LEGAL RELATIONS &RESPONSIBILITY CITY PROJECT NO. 01-14 SECTION 7-PAGE 1 9126/02 for each worker employed inithe execution of the contract by the Contractor or by any subcontractor under him for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day or 40 hours in any one calendar week, unless such worker receives compensation for all hours worked in excess of 8 hours per day, or 40 hours during any one week at not less than one and one-half times the basic rate of pay." Prevailing Wage. - The provisions of Section 7-1. 01A (2) shall be modified to read: "7-l.01A(2) Prevailing Wage. - As required by Sections 1770 and following, of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the City, which copies shall be made available to any interested party on request . The Contractor shall post a copy of such determination at each job site. The Contractor shall, as a penalty to the City, forfeit $50 . 00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director for such work or craft in which such worker is employed for any public work done under the contract by him or by any subcontractor under him. " Travel and Subsistence Payments . ' - The provisions of Section 7- 1. 01A(2) (a) shall be modified to read: "7-1 .01A(2) (a) Travel and Subsistence Payments . - As required by Section 1773 . 8 of the California Labor Code the Contractor shall pay travel and subsistence payments to each worker needed to execute - the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Article. To establish such travel and subsistence payments, the representative of any craft, classification or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type ofwork involved. Such agreements shall be filed within 10 days after their execution and thereafter shall establish such travel and subsistence payments whenever filed 30 days prior to the call for bids . " SPECIAL PROVISIONS SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT LEGAL RELATIONS&RESPONSIBILITY CITY PROJECT NO. 01-14 SECTION 7-PAGE 2 9/26102 Labor Non-Discrimination. - The provisions of Section 7-1 . 01A (4) shall be modified to read: "7-1.01A(4) Labor Non-Discrimination. - Attention is directed to Section 1735 of the Labor Code, which reads as follows: "No discrimination shall be made in the employment of persons on public works because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons, except as provided in Section 12940 of the Government Code, and every Contractor for public works violating this Section is subject to all the penalties imposed for violation of this Chapter. " All references in said Section 7-1. 01A(4) to Chapter 5 of Division 4 of Title 2 of California Code of Regulations is hereby deleted. Apprentices . - The provisions of Section 7-1. 01A (5) shall be modified to read: "7-1 .01A(5) Apprentices . - The Contractor shall comply with all applicable provisions of Section 1777 . 5 and 1777 . 6 of the California Labor Code relating to employment of apprentices on public works . " Trench Safety. - The provisions of Section 7-1 . 01E shall be modified to read: "7-1.01E Trench Safety. - As required by Section 6705 of the California Labor Code and in addition thereto, whenever work under the Contract involves the excavation of any trench or trenches 5 feet or more in depth, the Contractor shall submit for acceptance by the City or by a registered civil or structural engineer, employed by the City, to whom authority to accept has been delegated, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation, of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by the Contractor, and all costs therefor shall be included in the price named in the Contract for completion of SPECIAL PROVISIONS SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT LEGAL RELATIONS &RESPONSIBILITY CITY PROJECT NO. 01-14 SECTION 7-PAGE 3 9/26/02 the Work as set forth in the Contract Documents . Nothing in this Section shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders . Nothing in this Section shall be construed to impose tort liability on the City, Engineer, or any of their officers, agents, representatives, or employees . " 7-1 .04 Additional Provisions ., - The following additional Paragraphs 7-1 . 23 through 7-1 . 29, ', inclusive, shall be inserted at the end of Chapter 7 of the Standard Specifications: 117-1 .23 Contractor Not Responsible For Damage Resulting From Certain Acts of God. -' As provided in Section 7105 of the California Public Contract Code, the Contractor shall not be responsible for the cost of repairing or restoring damage to the Work which damage is determined to have been proximately caused by an act of God, in excess of 5 percent of the contracted amount, provided, that the Work damaged was built in accordance with accepted and applicable building standards and the plans and ,specifications of the City. The Contractor shall obtain insurance to indemnify the City for any damage to the Work caused by an act of God if the insurance premium is a separate bid item in the bidding schedule for the Work. For purposes of this section, the term "acts of God" shall include only the following occurrences or conditions and effects : earthquakes in excess of a magnitude of 3 . 5 on the Richter Scale, and tidal waves . " 117-1 .24 Notice of Completion. - In accordance with the Sections 3086 and 3093 of the California Civil Code, within 10 days after date of acceptance of the Work by the City Council, the City will file, in the County Recorder' s office, a Notice of Completion of the Work. 117-1 .25 Unpaid Claims. - ', If, at any time prior to the expiration of the period for service of a Stop Notice, there is served upon the City a Stop Notice as provided in Sections 3179 through 3210 of the Civil Code of the State of California, the City shalll, until the discharge thereof, withhold from the moneys under its control so much of said moneys due or to become 'due the Contractor under this Contract as shall be sufficient to answer the claim stated in such stop notice and to provide for the reasonable cost of any litigation thereunder; ', provided, that if the Engineer shall, in its discretion, permit the Contractor to file with the City the bond referred to in Section 3196 of the Civil SPECIAL PROVISIONS SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT LEGAL RELATIONS &RESPONSIBILITY CITY PROJECT NO. 01-14 SECTION 7- PAGE 4 9/26/02 Code of the State of California, said moneys shall not thereafter be withheld on account of such Stop Notice. " 117-1 .26 Retainage From Monthly Payments. - Pursuant to Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any money withheld by the City to insure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent, who shall return such securities to the Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement for in-lieu construction payment retention provided by the City between the escrow agent and the City which provides that no portion of the securities shall be paid to the Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City will not certify that the Contract has been satisfactorily completed until at least 30 days after filing by the City of a Notice of Completion. Securities eligible for investment under Public Contract Code Section 22300 shall be limited to those listed in Section 16430 of the Government Code and to bank or savings and loan certificates of deposit. " 117-1.27 Removal, Relocation, or Protection of Existing Utilities . - In accordance with the provisions of Section 4215 of the California Government Code, any contract to which a public agency as. defined in Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunk-line utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made apart of the invitation for bids. The agency will compensate the Contractor for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. The Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the public agency or the owner of the utility to provide for removal or relocation of such utility facilities . SPECIAL PROVISIONS SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT LEGAL RELATIONS&RESPONSIBILITY CITY PROJECT NO. 01-14 SECTION 7-PAGE 5 9/26/02 Nothing herein shall be deemed to require the public agency to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible ,facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve the public agency from identifying main or trunk lines in the plans and specifications . If the Contractor while performing the contract discovers utility facilities not identified by the public agency in the contract plans or specifications, he or she shall immediately notify the public agency and utility in writing. The public utility, where they are the owner, shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price. " 117-1 .28 Contracts for Trenches or Excavations; Notice on Discovery of Hazardous Waste or Other Unusual Conditions; Investigations; Change Orders; Effect on Contract. - As required under Section 7104 of the Public Contracts Code, in any public works contract of a local public entity which involves the digging trenches or other excavations that extend deeper than (4 feet) below the surface shall be subject to the following conditions : The Contractor shall promptly, and before the following conditions are disturbed, notify the public entity in writing, of any: (1) Material that the Contractor believes may be material that is hazardous waste as defined in Section 25117 of the Health and Safety'' Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law. (2) Subsurface or latent physical conditions at the site differing from those indicated. (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. " 117-1 .29 Resolution of Construction Claims. - As required under Section 20104, et seq. , of the California Public Contract Code, any demand' of $375, 000 or less, by the Contractor for a time extenslion, payment of money, or damages SPECIAL PROVISIONS SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT LEGAL RELATIONS &RESPONSIBILITY CITY PROJECT NO. 01-14 SECTION 7-PAGE 6 9/26/02 arising from the work done by or on behalf of the Contractor pursuant to this Contract; or payment of an amount which is disputed by the City shall be processed in accordance with the provisions of said Section 20104, et. seq. , relating to informal conferences, non-binding judicially-supervised mediation, and judicial arbitration. A single written claim shall be filed under this Article prior to the date of final payment for all demand resulting out of the Contract . Within 30 days of the receipt of the claim, the City may request additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If the amount of the claim is less than $50, 000, the Contractor shall respond to the request for additional information within 15 days after receipt of the request. The Contractor shall respond to the request within 30 days or receipt if the amount of the claim exceeds $50, 000, but is less than $375, 000. Unless further documentation is requested, the City shall respond to the claim within 45 days if the amount of the claim is less than $50, 000, or within 60 days if the amount of the claim is more than $50, 000 but less than $375, 000 . If further documentation is requested, the City shall respond within the same amount of time taken by the Contractor to respond, or 15 days, whichever is greater, after receipt of the information if the claim is less than $50, 000 . If the claim is more than $50, 000 but less than $375, 000 and further documentation is requested by the City, the City shall respond within the same amount of time taken by the Contractor to respond or 30 days, whichever is greater. If the Contractor disputes the City' s response, or the City fails to respond, the Contractor may demand an informal conference to meet and confer for settlement of the issues in dispute. The demand shall be served on the City within 15 days after the deadline of the City to respond or within 15 days of the City' s response, whichever occurs first. The City shall schedule the meet and confer conference within 30 days of the request. If the meet and confer conference does not produce a satisfactory request, the Contractor may pursue the remedies authorized by law. 7-1 .05 Permits and Fees . - The Contractor is required to sign a City construction permit, but the fee will be waived. 7-1. 06 Business License. - The Contractor and all subcontractors shall posses a current business license issued by SPECIAL PROVISIONS SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT LEGAL RELATIONS&RESPONSIBILITY CITY PROJECT NO. 01-14 SECTION 7-PAGE 7 9/26/02 the City prior to performing any ;work, in accordance with Title 3 of the Palm Springs Municipal Code . 7-1 .07 Contractor' s Representative. - The Contractor shall designate, in writing, before starting work, an authorized representative who shall have the authority to represent and act for the Contractor. 7-1 .08 Disposal Site. - The Contractor is required to specify the route and the disposal site of the material which is required to be removed and hauled away. The Contractor shall provide this information at the pre-construction meeting. The Contractor shall obtain City approval for storage or disposal sites located on City-owned property by executing a hold harmless agreement prior to stockpiling on City-owned property or hauling on City routes . The Contractor will not be permitted to stockpile any removals on any adjacent vacant lots with or without the property owner' s approval. 7-1 .09 Cleanup. - Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the Contractor shall keep the work site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance, as required in Section 7-15 of these Special Provisions . The use of' water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods . Materials and equipment shall be 'removed from the site as soon as they are no longer necessary; and upon completion of the work and before final inspection the entire worksite shall be cleared of equipment, unused materials, trash, rubbish and debris so as to present a satisfactory clean and, neat appearance, as approved by the Engineer. All cleanup costs shall be absorbed in the Contractor' s bid. Full compensation for all work required in this section shall be considered as included in the contract prices paid for the related items of work and no additional compensation will be allowed therefor. 7-1 .10 Dust Control. A. The Contractor shall be responsible for stabilizing the disturbed soil during construction. The method, which it will use, must be approved by the Engineer. If a water meter is required by the Engineer during construction, the Contractor shall contact the Desert Water Agency at (760) 323-4971 to SPECIAL PROVISIONS SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT LEGAL RELATIONS &RESPONSIBILITY CITY PROJECT NO. 01-14 SECTION 7-PAGE B 9/26/02 obtain said meter. The cost of this work shall be included in the price of various items in the Bid Schedule, and no additional payment will be made therefor. B. The Contractor shall be responsible for maintaining the project site and providing adequate dust control 24 hours a day, everyday, through the duration of the project, in conformance with City requirements, Section 10 of the Standard specifications, and to the satisfaction of the City Engineer. Payment. - Full compensation for providing 24 hour dust control and project maintenance shall be considered as included in the contract lump sum price paid for mobilization, and no additional compensation will be allowed therefor. 7-1 . 11 Protection of Existing Improvements. - It shall be the Contractor' s responsibility to protect all the existing improvements . Should the Contractor anticipate removal of any sidewalk, curb and gutter, driveway approach, trees, hedges, oleanders, fence, wall, signs, water valves, irrigation system and associated electrical service, etc. , repair and replacement shall be at least equal to existing improvements. Payment for providing all work necessary to protect, remove and restore existing improvements shall be included in the price of various items in the Bid Schedule, and no additional payment will be made therefor. 7-1 .12 Damage to Adjacent Property. - The Contractor shall be responsible for any and all damage done to existing property and adjacent properties during all construction work under this contract; and the Contractor, at its own expense, shall make any repairs that result from its operation, to the approval of the Engineer and the affected. property owner. 7-1 . 13 Traffic Control and Access . - The Contractor shall submit to the Engineer, at the Preconstruction Conference the proposed traffic control plans for this project, for his approval . Any changes requested by the Engineer will be incorporated into the detour plans prior to issuing any permits. The plan must show the proposed construction phase, all restrictions planned within the construction site, and must include signage (each sign designation shown) , solar-powered arrow boards, delineators, barricades, etc. The Contractor will be required to control all streets using the State of California Traffic Manual. The Contractor shall provide SPECIAL PROVISIONS SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT LEGAL RELATIONS& RESPONSIBILITY CITY PROJECT NO. 01-14 SECTION 7-PAGE 9 9/26/02 and maintain all necessary traffic control to protect and guide traffic for all work in the construction area, including solar powered arrow boards . All traffic controls shall be clearly posted with signs prior to the beginning of any work. All traffic restrictions listed herein are to supplement other traffic regulations of the City and are not intended to delete any part of these regulations . Local access shall be maintained to all properties on the project at all times. No trench excavation or pipe laying on Fridays, weekends, holidays or the day preceding a holiday will be permitted without prior approval of the Engineer. Fridays shall be used for cleanup and paving where possible. 7-1 .14 Notice to Property Owners or Businesses . - The Contractor shall notify the property owners or occupants of affected properties with a written notice ' 48 hours prior to the beginning of construction. 7-1 .15 Travel Lanes . - The Contractor is responsible for maintaining a minimum of one lane open each direction to traffic during the construction and shall maintain emergency exits to all residences and businesses at all times during construction. In the evening, the Contractor shall open the streets to regular traffic. Flaggers will be required to insure the safe flow of traffic at intersections and businesses that may be affected. This work shall be included in the price for traffic control in the Bid Schedule and no separate payment will be made therefor. 7-1 .16 Construction Signing, ' Lighting and Barricading. - Construction signing, lighting and barricading shall be provided on all projects as required by City Standards or as directed by the Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK' ZONES" dated 1996, or subsequent editions in force at the time of construction. 7-1. 17 Temporary No Parking Signs . - Temporary No Parking signs shall be posted at least 24 hours, but no more than 48 hours in advance of the work. The signs shall be placed no more than 100 feet apart on each side of the street and at shorter intervals if conditions warrant . The Contractor shall provide the signs and will be responsible for adding the dates and hours of closure to the signs ., Removal of signs and furnishing and placing of barricades, if necessary, for posting of signs will be provided. SPECIAL PROVISIONS SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT LEGAL RELATIONS &RESPONSIBILITY CITY PROJECT NO. 01-14 SECTION 7- PAGE 10 9/26/02 All signs shall be removed within 24 hours after the effective date. 7-1.18 Safety and Health Provisions . - Attention is directed to Section 7-1 . 06 of the Standard Specifications and the provisions thereof. Cal/OSHA requirements and the provisions of the "Permit to Excavate" obtained by the Contractor from the State Division of Industrial Safety shall be complied with. 7-1. 19 Public Safety During Non-Working Hours. Notwithstanding the Contractor' s primary responsibility for safety on the jobsite when the Contractor is not present, the Engineer at his option after attempting to contact the Contractor, may direct City forces to perform any functions he may deem necessary to ensure public safety at or in the vicinity of the job site. If such procedure is implemented, the Contractor shall bear all expenses incurred by the City. 7-1.20 Equipment Moving. - When moving from one construction location to another, a pilot vehicle shall lead all construction equipment. Flashing lights, flags and warning signs shall be used as necessary to ensure public safety. All costs for equipment moving shall be included in the prices for all bid items in the Bid Schedule and no additional payment will be made therefor. 7-1 .21 The Contractor, An Independent Contractor. - It is understood and agreed that the Contractor is and at all times shall be, an independent Contractor and nothing contained herein shall be construed as making the Contractor, or any individual whose compensation for services is paid by the Contractor, an agent or employee of the City, or authorizing the Contractor to create or assume any obligation or liability for or on behalf of the City. 7-2 BONDS AND INSURANCE 7-2.01 Insurance Amounts : - The limits of liability for insurance as required by Article 7-1. 12 of the Standard Specifications shall provide coverage for not less that the following amounts or greater where required by Laws and Regulations : 1. Workers ' Compensation: a) State: Statutory Amount Or a minimum of $1, 000, 000 b) Employer' s Liability: $1, 000, 000 SPECIAL PROVISIONS SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT LEGAL RELATIONS &RESPONSIBILITY CITY PROJECT NO. 01-14 SECTION 7-PAGE 11 9/26/02 2 . Comprehensive General Liability: a) Bodily Injury (Including completed operations and products liability and wrongful death) : $ 1, 000, 000 Each Occurrence $ 1, 000,000 Annual Aggregate Property Damage: $ 1, 000,000 Each Occurrence $ 1, 000, 000 Annual Aggregate b) Property damage liability insurance will provide explosion, collapse, and underground coverages where applicable. c) Personal injury, with employment exclusion deleted: $1, 000, 0'00 Annual Aggregate 3 . Comprehensive Automobile Liability: a) Bodily Injury (Including wrongful death) : $1, 000, 000 Each Person $1, 000, 000 Each Occurrence b) Property Damage: $1, 000, 000 Each Occurrence Or a combined single limit of $1, 000, 000 - END OF SECTION - SPECIAL PROVISIONS SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT LEGAL RELATIONS &RESPONSIBILITY CITY PROJECT NO, 01-14 SECTION 7-PAGE 12 9/26102 SECTION 8 - PROSECUTION AND PROGRESS 8-1 .01 Schedule of Work. - A schedule of work shall be provided by the Contractor at the pre-construction meeting. The Contractor' s schedule, as submitted, is subject to approval by the Engineer. The Contractor shall also provide a list of all subcontractors and suppliers at said meeting. All subcontractors shall be present at the pre-construction meeting. 8-1.02 Hours of Operation. - It shall be unlawful for any person to operate, permit, use or cause to operate any of the following types of vehicles, equipment, or tools, other than between the hours of 7 : 00 a.m. to 3 : 30 p.m. , Monday through Friday (no work allowed on legal holidays) , unless otherwise approved by the Engineer, and except for working premium hours as discussed under "Completion Schedule" : a) Powered Vehicles b) Construction Equipment c) Loading and Unloading Vehicles d) Domestic Power Tools - END OF SECTION - SPECIAL PROVISIONS SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT PROSECUTION &PROGRESS CITY PROJECT NO. 01-14 SECTION 8-PAGE 1 9/26/02 SECTION 9 - MEASUREMENT AND PAYMENT 9-1 GENERAL 9-1 .01 Description: - Payment for the various items of the Bid Sheets, as further specified herein, shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of work being described, as necessary to complete the various items of work, all in accordance with the provisions for Measurement and Payment in the Standard Specifications and these Special Provisions, and as shown on the drawings, including all appurtenances thereto, and including ail costs of compliance with the regulations of public agencies having jurisdiction, including Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration of the U. S. Department of Labor (OSHA) . No separate payment will be made for any item that is not specifically set forth in the Bid Sheet, and all costs therefor shall be included in the prices named in the Bid Sheet for the various appurtenant items of work. 9-1 .02 Progress and Final Payments: - Acceptance of any progress payment accompanying any estimate without written protest shall be an acknowledgement by the Contractor that the number of accumulated contract days shown on the associated statement of working days is correct. Progress payments made by the City to the Contractor after the completion date of the Contract shall not constitute a waiver of liquidated damages . Subject to the provisions of Section 22300 of the Public Contract Code, a 10 percent retention will be withheld from each payment. All invoices and detailed pay requests shall be approved by the Engineer before submittal to the City for payment. All billings shall be directed to the Engineer. At the expiration of 35 days after acceptance of the Work by the City Council, or as prescribed by law, the amount deducted from the final estimate and retained by the City will be processed for payment to the Contractor, except for such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. SPECIAL PROVISIONS SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT MEASUREMENT AND PAYMENT CITY PROJECT NO, 01-14 SECTION 9-PAGE 1 9/26/02 The Contractor shall submit with its invoice the Contractor' s conditional waiver of lien for the entire amount covered by such invoice; valid unconditional waivers of lien from the Contractor and all subcontractors and material-men for all work and materials included in any prior invoices; Waivers of lien shall be in the forms prescribed by California Civil Code Section 3262 . Prior to final payment by the City, the Contractor shall submit a final waiver of lien for the Contractor' s work, together with releases of lien from any subcontractor or materialmen. 9-2 PAYMENT SCHEDULE 9-2 .01 Bid Schedule: - All pay line items will be paid for at the lump sum prices named in the Bid Sheet. 9-2 . 02 Initial Mobilization: - Measurement for payment for initial mobilization will be based upon completion of such work as a lump sum, non-proratable pay item, and shall require completion of all of the listed items during the first 10 days following Notice to Proceed. Payment for Initial Mobilization will be made at the lump sum allowance named in the Bid Sheets under Item No. 1, which price shall constitute full compensation for all such work. Payment for initial mobilization will be made in the form of a single, lump sum, non-proratable payment, no part of which will be approved for payment under the Contract until all initial mobilization items listed herein have been completed as specified. The scope of the work included under Pay Item No. ,l shall include the obtaining of all bonds, insurance, and permits; moving onto the site of all plant and equipment as required, for the proper performance and completion of the Work. Mobilization shall include but not be limited to the following principal items : 1. Moving on to the site of all Contractor' s plant and equipment required for first month' s operations per Section 5-1. 10 of the', Standard Specifications . 2 . Providing on-site sanitary facilities and potable water facilities as specified per Cal-OSHA as required by Section 7-1 . 06 of the Standard 'Specifications. 3 . Arranging for and erection of Contractor' s work and storage yard. SPECIAL PROVISIONS SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT MEASUREMENT AND PAYMENT SECTION 9-PAGE 2 CITY PROJECT NO. 01-14 9/26/02 4 . Obtaining and paying for all required permits . 5 . Posting all OSHA required notices and establishment of safety programs per Cal-OSHA as required by Section 7-1 . 06 of the Standard Specifications . 6. Having the Contractor' s superintendent at the job site full time as required under Section 5-1 . 05 of the Standard Specifications . 7 . Submittal of required Construction Schedule as specified in Section 8-1 . 04 of the Standard Specifications . In addition to the requirements specified above, all submittals shall conform to the applicable requirements of the Standard Specifications. No payment for any of the listed mobilization work items will be made until all of the listed items have been completed to the satisfaction of the Engineer. The aforementioned amount will be withheld by the City as the agreed, estimated value of completing ail of the mobilization items listed. Any such withholding of money for failure to complete all such mobilization items as a lump-sum item shall be in addition to the retention of any payments pursuant to the provisions of Public Contract Code 22300 . 9-2 .03 bump Sum Pay Items : - The following Section 9-1 . 016 shall be added to the Standard Specifications: 9-1. 016 LUMP SUM PAY ITEMS On lump sum items, the Contractor shall submit, for approval by the Engineer, a Schedule of Values, or lump sum price breakdown, which will serve as the basis for progress payments and shall be incorporated into a form of Application for Payment acceptable to the Engineer. Such Schedule of Values shall be submitted for approval at the Pre-construction Conference and must meet the approval of the Engineer before any payments can be made to the Contractor. - END OF SECTION - SPECIAL PROVISIONS SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT MEASUREMENT AND PAYMENT CITY PROJECT NO. 01-14 SECTION 9-PAGE 3 9/26/02 SECTION 10 - CONSTRUCTION DETAILS 10-1 . 01 DESCRIPTION The work under this contract shall consist of furnishing all labor, materials, vehicles, tools, machinery, equipment, etc. necessary for modifying traffic signal systems and installing interconnect communication systems . The project will include appurtenant work, all as shown on the plans, providing qualified supervision and all other items necessary to provide complete and operational improvements to the satisfaction of the City of Palm Springs . Such items and details not mentioned herein are required by the plans, Standard Specifications, these Special Provisions, or any addenda or clarifications shall be furnished, placed, installed or performed. 10-1 .02 MAINTAINING TRAFFIC Attention is directed to Sections 7-1 . 08, "Public Convenience, " 7- 1 . 09, "Public Safety, " and 12, "Construction Area Traffic Control Devices, " of the Standard Specifications and these Special Provisions. Nothing in these Special Provisions shall be construed as relieving the Contractor from its responsibility as provided in said Section 7-1. 09. The minimum size specified for Type II flashing arrow signs in the table following the second paragraph of Section 12-3 . 03, "Flashing Arrow Signs, " of the Standard Specifications is amended to read "36 inches by 72 inches" . In addition to the provisions set forth in Section 7-1 . 09 "Public Safety" whenever work to be performed on the traveled way (except the work of installing, maintaining, and removing traffic control devices) is within 6 feet of the adjacent traffic lane, the adjacent traffic lane shall be closed. The Contractor shall notify local authorities of its intent to begin work at least 5 days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make its own arrangements relative to keeping the working area clear of parked vehicles. The Contractor shall not tow any parked vehicles without authorization of the City Police Department. Full compensation for furnishing all labor, materials (including signs) , tools, equipment and incidentals, and for doing all the SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT PROJECT SPECIAL PROVISIONS CITY PROJECT NO. 01-14 CONSTRUCTION DETAILS 9/26/02 SECTION 10-PAGE 1 work involved in placing, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of traffic control plans will be included in the lump sum bid item for Traffic Control, and no additional compensation will be made therefor. 10-1 .03 RECORD DRAWINGS The Contractor shall maintain a complete set of record drawings at the job site. All documents including contract and shop drawings shall be legibly marked showing each actual item of record construction including: 1 . Measured depths of elements in relation to fixed datum points . 2 . Measured horizontal and vertical locations of underground utilities and appurtenances with reference to permanent surface improvements. 3 . Measured locations of internal utilities and appurtenances concealed in construction with reference to visible and accessible features of construction. 4 . Field changes of dimensions„ locations and/or materials with details as required to clearly delineate the modifications . 5 . Any details not in original contract drawings developed by the City or the Contractor through the course of construction necessary to clarify or modify the contract drawings . The Contractor shall legibly modify the contract specifications to reflect actual items of record construction including: 1. Manufacturer, trade name, and catalog number of each product actually installed, particularly optioned items and substitute items . 2 . Changes made by addendum or modifications. The Contractor shall maintain all record information daily and make this information available' to the Project Inspector upon request. The Contractor' s progress payment will not be approved unless project record drawings are current. SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT PROJECT SPECIAL PROVISIONS CITY PROJECT NO.01-14 CONSTRUCTION DETAILS 9126102 SECTION 10-PAGE 2 10-1 .04 INSPECTION OF WORK AND TESTING LABORATORY A. Description. Inspection of the work will be under the supervision of the Engineer and will include monitoring and enforcing compliance of materials, equipment, installations, workmanship, methods and requirements of the contract documents . The Engineer may be represented on the work site by Inspectors and other duly authorized representatives. All submittals and correspondence between the City and the Contractor, related to inspection of the work on this contract, shall be directed to the Engineer. B. Testing Laboratory. The Engineer shall be responsible for providing a certified laboratory for the testing of all materials and work on this project . The Contractor shall notify the Engineer no less than two (2) working days in advance of any required materials testing. 10-1 . 05 CLEARING, GRUBBING AND REMOVALS AND RELATED WORK Disposal Site -- The Contractor is required to specify the route and the disposal site of the material that is required to be removed and hauled away. The Contractor shall provide this information at the pre-construction meeting. The Contractor will not be permitted to stockpile any removals on any adjacent vacant lots with or without the property owner' s approval. Salvaged Materials - The Contractor is required to remove and deliver all equipment and materials designated for salvage and not used in the project to the City Corporate Yard, located at 425 N. Civic Drive. The Contractor shall coordinate delivery and stockpiling of all salvaged materials with the Engineer prior to removal. Unclassified Excavation -- Unclassified excavation shall consist of: (a) Concrete Pavement -- Concrete pavement shall be removed to neatly sawed edges . Saw cuts shall be made to a minimum depth of one-half of the thickness of the pavement . If a saw cut in concrete pavement falls within 3 ' of a construction joint, cold joint, expansion joint, or edge, the concrete shall be removed to the joint or edge. The edges of existing concrete pavement adjacent to trenches, where damaged subsequent to saw cutting of SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT PROJECT SPECIAL PROVISIONS CITY PROJECT NO.01-14 CONSTRUCTION DETAILS 9/26/02 SECTION 10-PAGE 3 the pavement, shall again be saw cut to neat straight lines for the purpose of removing the damaged pavement areas . Such saw cuts shall be either parallel to the original saw cuts or shall be cut on an angle which departs from the original saw cut not more than 1" in each 6" . (b) Concrete Curb, Sidewalk, Gutter, Cross-gutter, Driveway, and Access Ramps -- Concrete shall be removed to neatly sawed edges with saw cuts made to a minimum depth of one-half the thickness of said concrete. Concrete sidewalk, access ramp or driveway to be removed shall be neatly sawed in straight lines either parallel to the curb or at right angles to , the alignment of the sidewalk. Concrete shall be sawcut to the nearest cold joint, weakened plane joint, or expansion joint in all' directions, regardless of panel size or the distance from sawcut ,to joint. Curb and gutter shall be sawed to a minimum depth of one-half of the thickness of the concrete on a neat line at right angles to the curb face. The cost for all excavation shall be considered as included in the various lump sum bid item prices in the Bid Schedule, and no other compensation shall be made therefore. 10-1.08 PORTLAND CEMENT CONCRETE Material: Portland cement concrete of the class and type shown on City Standard Drawings shall be used to construct new curb, gutter, access ramps, and sidewalk. Where class and type are not specified in the standard drawings or plans, Portland Cement Concrete of type 560-C-3250 (6 Sack) shall be used for construction, in accordance with Section 201 of the Standard Specifications for Public Works Construction, 2000 Edition. Curb & Gutter: Construction of curb and gutter shall conform to the City of Palm Springs Standard' Drawing No. 200 . Portland cement concrete of type 560-C-3250 (6 Sack) shall be used for construction. Curb & Gutter shall be constructed to the dimensions as specified in the City' s Standard Drawings, but application details and other specifications not explicitly shown or stated in the City' s Standard Drawings, shall conform to Section 303-5 of the Standard Specifications for Public Works Construction, 2000 Edition. A minimum 1' wide section of existing asphalt concrete adjacent to proposed curb & gutter shall be saw- cut and removed prior to placement of concrete. Use of the existing edge of pavement as a form will not be allowed. 4" Concrete Sidewalk: Construction of 4" concrete sidewalk shall conform to City of Palm Springs Standard Drawing No. 210 . Sidewalk shall be constructed to the dimensions as specified in the City' s Standard Drawing and as shown , on the plans, but application SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT PROJECT SPECIAL PROVISIONS CITY PROJECT NO.01-14 CONSTRUCTION DETAILS 9/26/02 SECTION 10- PAGE 4 details and other specifications not explicitly stated or shown in the City' s Standard Drawing shall conform to Section 303-5 of the Standard Specifications for Public Works Construction 2000 Edition. Decorative 4" Sidewalk: Construction of decorative sidewalks shall conform to the above section. Fly-ash additives and/or substitutes shall not be permitted. Aggregate type and color, and concrete finish shall be consistent with the existing type of decorative concrete sidewalk to which it must match. Type "A" Access Ramps: Construction of Type "A" access ramps shall conform to the City of Palm Springs Type "A" Curb Ramp Detail per Standard Drawing Number 212. Standard Drawing 212 conforms to ADA standards as called for in the Plans . Details specified in this Standard Drawing shall govern, but the Construction Plans shall be referred to for other specifications not explicitly stated or shown on the City of Palm Springs Standard Drawing. Construction materials and application details shall conform to Section 303-5 of the Standard Specifications for Public Works Construction, 2000 Edition. Measurement and Payment: Payment for construction of Portland Cement Concrete items shall be considered as included in the various lump sum bid item prices in the Bid Schedule, and no other compensation shall be made therefore. Payment for P. C.C. items (included in the various lump sum bid item prices in the Bid Schedule) shall include full compensation for all material, labor, plant, equipment, furnishing all transportation, hauling, preparing subgrade, spreading, finishing, and protecting from vandalism, complete in place, in accordance with the Standard Specifications and these special provisions . No separate or additional payment will be made for grading, preparation of subgrade, furnishing and setting of expansion joint material, disposal of excess materials, and all other appurtenant items for which separate payment is not specifically provided in the Bid. The Constructor shall be responsible for the protection of all uncured concrete improvements from vandalism. Any damaged concrete construction shall be removed and replaced at the Contractor' s expense, and no additional compensation will be allowed therefore. SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT PROJECT SPECIAL PROVISIONS CITY PROJECT NO. 01-14 CONSTRUCTION DETAILS 9/26/02 SECTION 10-PAGE 5 SECTION 10-2 SIGNALS, LIGHTING AND ELECTRICAL SYSTEMS 10-2 . 01 DESCRIPTION Traffic signals and lighting, shall conform to the provisions in Section 86, "Signals, Lighting and Electrical Systems," of the Standard Specifications and these Special Provisions . Traffic signal and lighting work is to be performed at the following locations : On Sunrise Way at: • Tachevah Drive • Baristo Road • Alejo Road • Ramon Road • Amado Road • Mesquite Avenue • Tahquitz Canyon Way • East Palm Canyon Drive 10-2 .02 ORDER OF WORK Order of work shall conform to the provisions in Section 5-1 . 05, "Order of Work" , of the Standard Specifications and these Special Provisions . The first order of work shall 'be to place the order for all traffic signal equipment within 3 days of contract award by the City Council. Within 15 days 'of award, the Contractor shall furnish the City Engineer with a statement from the vendor that the order for said control equipment has been received and accepted by said vendor. Prior to commencement of the traffic signal functional test, all items of work related to signal control shall be completed. 10-2 . 03 EQUIPMENT LIST AND DRAWINGS The controller cabinet schematic wiring diagram and intersection sketch on ISO Al Sheets 24 by 36 inches shall be combined into 2 drawings, so that, when the cabinet is fully open, the drawing is oriented with the intersection. The Contractor shall furnish ' a maintenance manual for all controller units, auxiliary equipment, and vehicle detector sensor units, control units and amplifiers . The maintenance manual and operation manual may be combined into one manual. The maintenance manual or combined maintenance and operation manual shall be submitted at the time the controllers are delivered for testing or, if ordered by the City Engineer, previous to purchase. The SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT PROJECT SPECIAL PROVISIONS CITY PROJECT NO. 01-14 CONSTRUCTION DETAILS 9126/02 SECTION 10- PAGE 6 maintenance manual shall include, but need not be limited to, the following items : A. Specifications B. Design Characteristics C. General operation theory D. Function of all controls E. Trouble shooting procedure (diagnostic routine) F. Block circuit diagram G. Geographical layout of components H. Schematic diagrams I . List of replaceable component parts with stock numbers 10-2 .04 MAINTAINING EXISTING AND TEMPORARY ELECTRICAL SYSTEMS. Traffic signal system shutdowns shall be limited to periods between the hours of 9 : 00 a.m. and 3: 00 p.m. Traffic signal system shutdowns shall be performed by or in the presence of City traffic signal maintenance personnel, and shall require prior approval of the City Engineer. 10-2 . 05 CONDUIT Conduit to be installed underground shall be the rigid steel type for traffic signals and rigid non-metallic type for all other electrical work type unless otherwise specified. The conduit in a foundation and between a foundation and the nearest pull box shall be the rigid steel type unless specified. Detector termination conduits may be the rigid non-metallic type. When a standard coupling cannot be used for coupling metal type conduit, a UL listed threaded union coupling, as specified in the third paragraph in Section 86-2 .05C, "Installation," of the Standard Specifications, or a concrete-tight split coupling or concrete-tight set-screw coupling shall be used. Insulated bonding bushings will be required on metal conduit. All pull boxes shall be located behind the curb or at the locations shown on the plans . After conductors have been installed, the ends of conduits terminating in pull boxes and controller cabinets shall be sealed with an approved type of sealing compound. At locations where conduit is to be installed under Portland cement concrete or asphalt concrete pavement, and existing underground facilities require special precautions, conduit shall be installed by trenching as provided below. SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT PROJECT SPECIAL PROVISIONS CITY PROJECT NO. 01-14 CONSTRUCTION DETAILS 9/26/02 SECTION 10- PAGE 7 Installation of Conduit. Conduit shall be installed by jacking or drilling only, unless the City Engineer determines the material underlying the 'pavement warrants trenching. At locations where conduit is ' to be installed by jacking or drilling as provided in Section 86-2 . 05C, " Installation," of the Standard Specifications, and if delay to any vehicle will not exceed 5 minutes, conduit may be installed by the trenching method as follows: ' All trenching shall be, approximately 2 inches wider than the outside diameter of the conduit to be installed and trench 'shall not exceed 6 inches in width. Conduit depth shall be a minimum of 24 inches or conduit nominal diameter plus 10 inches, whichever is greater, except that at pull boxes the trench may be hand dug to required depth. The outline of all areas of paving to be removed shall be cut to a minimum depth of 3 inches with an abrasive type saw or with a rock cutting excavator specifically designed for this purpose. Cuts shall be neat and true with no shatter outside the removal area. Replacement of asphalt concrete pavement shall comply with Section 39 of the Standard Specifications, such that the asphalt concrete surfacing is of uniform smoothness, texture and density. The Contractor shall install 5" of Type A 1�' Maximum Medium asphalt concrete on compacted backfill, or as otherwise approved by the Engineer. Replacement of Portland cement concrete shall comply with Section 73 of the Standard Specifications such that new Portland cement concrete curbs and sidewalks or other facilities that are required to be removed are joined to existing improvements to the satisfaction of the Engineer. 10-2 .06 BONDING AND GROUNDING Grounding jumper shall be attached by a 3/16 inch or larger brass bolt in the signal standard or controller pedestal and shall be run to the conduit, ground rod or bonding wire in adjacent pull box. Grounding jumper shall be visible after cap has been cast on foundation. 10-2 . 07 PULL BOXES Grout shall not be placed in bottom of pull boxes . Pull boxes, pull box covers, and pull box extensions shall be concrete unless SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT PROJECT SPECIAL PROVISIONS CITY PROJECT NO.01-14 CONSTRUCTION DETAILS 9/26/02 SECTION 10- PAGE 8 specified otherwise for various other electrical work elsewhere in these special provisions . No. 6 pull box covers shall be reinforced fiberglass material. 10-2 . 08 CONDUCTORS AND WIRING Splices shall be insulated by "Method B" or, at the Contractors options, splices of conductors shall be insulated with heat-shrink tubing of the appropriate size after thoroughly painting the spliced conductors with electrical insulating coating. Conductors shall be spliced by the use of "C" shaped connectors, as shown on the plans. The fifth paragraph of Section 86-2 . 095, "Fused Splice Connectors," of the Standard Specifications is amended to read: Fuses shall be the standard midget ferrule type, with "Non- Time-Delay" feature, and shall be 13/32 in by 1/2 in. 10-2 . 09 SERVICE Continuous welding of exterior seams in service equipment enclosures in not required. Type III-AF service equipment enclosures shall be the aluminum type. All overlapping exterior seams and doors shall meet the requirements for Type 3R enclosures specified in the NEMA Enclosure Standards . 10-2 . 10 MODEL 170 CONTROLLER ASSEMBLIES Model 170E controller assemblies, . including controller unit, completely wired controller cabinet and inductive loop detector sensor units and auxiliary equipment shall be furnished by the Contractor in accordance with the Standard Specifications, Section 86, and these Special Provisions. The Contractor shall construct controller cabinet foundation as shown on Standard Plan ES-3C for Model 332 cabinets to be installed (including furnishing and installing anchor bolts) , and shall install the controller cabinet on said foundations, and shall make all field wiring connections to the terminal blocks in the controller cabinet. SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT PROJECT SPECIAL PROVISIONS CITY PROJECT NO. 01-14 CONSTRUCTION DETAILS 9/26/02 SECTION 10-PAGE 9 The Contractor shall furnish and install the controller assembly. The controller assembly shall be a Type 170E Quad with a time base coordination module capable of providing 8-phase operation and shall be capable of accepting upldading and downloading. The controller unit shall conform to the provisions of Addendum No. 5 of the "Traffic Signal Control Equipment Specification" dated January 1989. The controller unit shall be furnished complete with a Model 400 modem, quad ACIA ports, a Model 412C program module, and a Bi Tran Systems 200 SA local controller software program. The program module shall be configured utilizing Method 2 Memory Select 4 and shall be furnished with one each of 27256 EPROM, D1225 Zero Power RAM, and 6264 RAM. The Contractor shall arrange to have a qualified signal technician present at the time the equipment is turned on. Said signal technician shall be qualified to work on the controller unit and shall be an employee of the controller unit manufacturer and Bi Trans System or their representative. 10-2 .11 SPREAD SPECTRUM INTERCONNECT Spread spectrum interconnect shall consist of installing cables, antennas and interface units where shown on the plans and as directed by the Engineer. Antennas shall be directional Cushcraft Yagi type, or equal, with RS-232 connections. Interface unit shall be GDI Model 90ODS radio unit, with RS-232 connections . Cable shall be solid core LMR400 coax. 10-2 .12 EMERGENCY VEHICLE PRE-EMPTION EQUIPMENT Emergency vehicle pre-emption equipment shall be in accordance with the Standard Specifications, Section 86-3 . 083, " Pre-emption Equipment" and these Special Provisions . Phase Selector This equipment shall interface between the optical detector and the controller cabinet. It shall interface with the signal controller and provide the following functions while not compromising the control equipment fail-safe provisions : SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT PROJECT SPECIAL PROVISIONS CITY PROJECT NO.01-14 CONSTRUCTION DETAILS 9/26/02 SECTION 10- PAGE 10 A. Sufficient power to all optical detectors required for the intersection. B. Sensitivity to the optical detector signal via adjustable range potentiometers . C. Differentiation of signals by optical detectors form one or more emitters on a first-come, first-served basis. D. outputs to signal the controller to cause selection of the desired phase green display for the approaching vehicle. E. Smooth transition to not-priority operation upon passage of the vehicle through the intersection. 10-2 .13 TESTING Functional testing shall not begin, nor signal energizing occur, on a Friday or on the day preceding a legal holiday, as specified in Sub-section 307-5 . 2 . 4 of the Standard Specifications for Public Works Construction. Functional Testing Functional testing shall conform to the provisions in Section 86- 2. 14C, "Functional Testing," of the Standard Specifications and these Special Provisions . Except for new or modified lighting circuits and sign illumination systems, the City will maintain the system or systems during the test period and will pay the cost of electrical energy for the operation of all the facilities that are undergoing testing. The cost of any necessary maintenance performed by the City, except electrical energy, shall be at the Contractor' s expense and will be deducted from any monies due, or to become due the Contractor. The functional test shall consist of not less than 14 days . If unsatisfactory performance of the system develops, the conditions shall be corrected and the test shall be repeated until the 14 days of continuous, satisfactory operation is obtained. Uninterrupted Power Supply System - Clary' s SP1000R Traffic UPS shall be installed, no substitutes. The system shall utilize a six battery system using Clary' s OPB-1241 Batteries . The batteries shall be located outside of the signal cabinet in a number 6 pullbox, in accordance with the plans. SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT PROJECT SPECIAL PROVISIONS CITY PROJECT NO.01-14 CONSTRUCTION DETAILS 9/26102 SECTION 10-PAGE 11 10-2 . 14 FOUNDATIONS Foundations shall conform with the Standard Specifications Section 86-2 . 03 and these Special Provisions. Portland cement concrete shall conform to Section 90-10, "Minor Concrete, " of the Standard Specifications, and shall contain not less than 335 kg of cement per m3 (564 pounds of cement per cubic yard) . The exact location of foundations for service and controller cabinets shall be subject to approval by the City Engineer prior to the start of any excavation work. In the event that roadway and intersection modifications by others have not been completed, the Contractor shall install foundations (and all other related items) at locations set back from the roadway where designated by the City Engineer. Foundations shall be formed with the use of Sonotube® fibre forms (by Sonoco Corporation, (800) 959-1301) , or approved alternative one-piece, spirally wound and laminated fibre forms . Foundations shall not be formed against excavated earth. 10-2 .15 PAYMENT The lump sum contract price 'paid for each traffic signal modification at locations shown on the plans shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in furnishing, installing, removing, reinstalling and salvaging traffic signal equipment, (including removal and replacement of all existing Portland cement concrete improvements and/or asphalt concrete pavement required as a part of the work) , complete and fully operational in place, as shown on the plans, as specified in the Special Provisions, and as directed by the Engineer, and no additional compensation will be made therefore. Special Note: The Contractor is advised that the lump sum payment at each location shall include ,all necessary and required work related to this project. The Contractor shall accurately estimate and include in its bid all costs required to install the improvements at each location in its lump sum bid. No separate or additional payments shall be authorized for equipment, materials, removal or replacement of existing improvements, or other necessary work, where such work; is clearly shown on the plans, shall be made. SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT PROJECT SPECIAL PROVISIONS CITY PROJECT NO.01-14 CONSTRUCTION DETAILS 9/26102 SECTION 10- PAGE 12 10-2 . 16 GUARANTEE OF WORK AND MATERIALS The Contractor shall assure and guarantee the work and material for a period of one year form the date of the final Notice of Completion against any and all defective work done or defective materials furnished in the performance of the contract. END OF SECTION - SUNRISE WAY TRAFFIC SIGNAL INTERCONNECT PROJECT SPECIAL PROVISIONS CITY PROJECT NO, 01-14 CONSTRUCTION DETAILS 9/26/02 SECTION 10-PAGE 13 M E M O R A N D U M DATE: January 16, 2003 TO: Procurement - Bruce Johnson FROM: Office of the City Clerk RE: Steiny & Co., CP01-14, A4594: CC: File Attached please find three copies of the above-mentioned Agreement A4594, between Steiny & Co. and the City of Palm Springs, approved by the City Council on November 26, 2002, as per Minute Order #7197. Please make the necessary distribution. I have retained an original agreement, including insurance certificate, for our records. If you have any questions, please let me know. je Barb A CORD,. CERTIFICATE'OF LIABILITY INSURANCE DATE(MM/DD/YY) Izn7ioz raonuceR AonTHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY 190 Risk Services, Inc. of Southern California AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS Suit e 300 Main Street CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE Suit Irvine CA 92614 USA COVERAGE AFFORDED BY THE POLICIES BELOW. PHONE (949) 608-6300 FAX- (949) 608-6951 INSURERS AFFORDING COVERAGE;,17-.11fj �`. E1'SURED INSURERA. Combined Specialty Insurance Company Steiny and Company, Inc. INSURERB P.O. BOX 6100 n q 12907 E. Garvey Ave. Baldwin Park CA 91706-0093 USA INSURER C COVERAGES This Certificate is Hot intended to specify all endorsements,coverdnes,'terms,conditions and exclusions of the policies shown. . 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. INSR POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE(MMWMYY) DATE(MIMND\YY) LIMITS A GENERAL LIABU,ITY ICGSO056000 07/01/02 07/01/03 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY FIREDAMAGE(AryceeRre) $50,000 CLAIMS MADE❑X OCCUR NQD ENT IAnV ooc Petsan) $5 000 X Bread Form PD,XCU PERSONAL&ADV INJURY $1,000,000 X W-keMnnvarr°vI GENERALAGGREGATE $2,000,000 GENT.AGGREGATE LIMIT APPLIES PER PRO- PRODUCTS-COMP/OP AGG $2,000,000 POLICY El JECT FXJ LOC A AUTOMOBILE LIABILITY ICA50056100 07/01/02 07/01/03 COMBINED SINGLE LIMIT X ANY AUTO (Eaaccident) $1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Pe r Person) X HIRED AUTOS BODILYINJURY X NON OWNED AUTOS (Per accident) X Como Ded.$1,000 PROPERTY DAMAGE X Cnll nm..i One (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ANY AUTO OTHER THAN EAACC AUTO ONLY AGO EXCESS LIABILITY EACH OCCURRENCE OCCUR ❑ CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION A \VOItKERS COMPENSATION AND 1CW50055900 0"]/01/02 / / X WC STATU- OTH- EMPLOYERS'LIABILITY TORY LIMITS ER EL EACH ACCIDENT $1,000,000 EL DISEASE-POLICY LIMIT $1,000,000 EL DISEASE-EA EMPLOYEE $1,000,000 OTHER DESCRIPTION OF OPLRATIONSILOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENVSPECIAL PROVISIONS Re: Sunrise Way Traffic Signal Interconnect City Project# 01-14 Steiny Sob #4579 See attached endorsement for Additional Insured. CERTIFICATE HOLDER . _ CANCELLATION ' SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL EADEt4VGRd'O MAIL Cltv of Palm Springs 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 3200 Tahquitz Canyon Way Bvu•AILFnY=T4D0-so-SHALL-}MppS[-w9enLlGA-TION-OICbInatLITY Palm Springs CA 92262 USA oF-ANY-x{ND_UF]PTTIIG CaNR?42w,Ia..^. 1A-REIvt[-sEs-wTA.aaVL-s nnn AUTHORIZED REPRESENTAt'IVE '1 6 q Ll I/l �le ACORD 25-5 7/97' � I r'I ACOVRD CORPORA/T(JION IC988 CertifirsltP Nno g7nn nas5v7m Flnldrr idnntifirr• POLICY NUMBER: ICG50056000 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Palm Springs Re: Sunrise Way Traffic Signal Interconnect City Project#01-14 Steiny Job #4579 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED(Section lD is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of "your work"performed for that insured by or for you. AI-Primary CG2010p(11-85)