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HomeMy WebLinkAbout00189C - UNIQUE SYSTEMS UNDERGROUND UNLIMITED RAMON GENE AUTRY DUMP SITE REMOVAL CLEANUP 71", f Unique Systems, Inv. dba Under ground Unlimited - Former Dump Site Debris Removal AGREEMENT #189 - PA5B11 R557, 9-7-88 Purchasing 619-323-00236 NOTICE INVITING BIDS COMMUNITY REDEVELOPMENT AGENCY AG�INAE U u) KEN FEENSTRA REDEVELOPMENT DIRECTOR �VIDAUR AGREENI'rl\,�q JOHN TERRELL PROJECT MANAGER SPECIFICATION NO. 89-2414 FOR DEBRIS REMOVAL DATE DUE: AUGUST 31, 1988 TIME DUE: 11: 00 A.M. Unique Systems, Inc. dba BIDDER'S NAME UndeAgxound Unt,imited ADDRESS 68730 E. Ramon Road Cathp-dAcd cau. cA 99934 TELEPHONE NO. (679) 328-5970 Post OCI`ice Box 1786 Palm Springs, California 92263-17'.6 A D D E N D U M N 0 2 huare�aas:ng 619-323-3236 TO SPECIFICATION NO. 89-2414 FOR DEBRIS REMOVAL Please note the following ADDITION to the Terms & Conditions: "Successful contractor shall comply with Sections 1776 and 1777 . 5 of the Labor Code of the State of California" . (Section 1776 deals with payroll records procedures and 1777. 5 with apprenti- ceship procedures) . Thank you, HAROLD E. GOOD Purchasing Manager BIDDER ACKNOWLEDGEMENT: I hereby acknowledge the above Addendum No. 2 to Specification No. 89-2414 . (.i�'t/,/��!i�=%��a:%Gf� ! .✓�!//_-/.t%'10,✓r_j/J f��%'L%;%r�C'_ ��'/�rl✓=�� BIDDER'S NAME (PERSON,FIRM,CORP. ) SIGNATURE OF AUTHORIZED REPRESENTATIVE TELEPHONE NUMBER TITLE FAX NUMBER Post Office Dox ➢7206, Pakfl Szarings, California 922163-17SGa •�A oR^oary fi' '4 I., 619-323-0.23e6 A D D E N D U M N O 1 DATED AUGUST 22 , 1988 TO SPECIFICATION NO. 89-2414 FOR DEBRIS REMOVAL DUE: 11: 00 A.M. , AUGUST. 31, 1988 Please note the following change to the Terms and Conditions: Item 31. Contractor's License: "The prime contractor shall possess a class "A" or a class "C-12" contractor's license at the time the contract is awarded. If the contractor fails to comply with the above provision he shall not receive damages for the loss of the contract. " Thank you, HAROLD E. GOOD Purchasing Manager BIDDER ACKNOWLEDGEMENT: I hereby acknowledge the above Addendum No. 1 to Specification No. 89-2414 . s Undehgnound UYV-. mited BIDDER'S NAME (PERSON,FIRM,CORP. ) SIIGNATURE OF AUTHORIZED, REPRESENTATIVE 8-31-88 President DATE TITLE 328-5910 619 324-0192 TELEPHONE NUMBER FAX NUMBER THIS ADDENDUM NO. 1 MUST BE RETURNED ON OR BEFORE BID OPENING TIME. Pom Offi-e Box Il7G6,Palm Springs, Ca9efomia 92263-17g6 Page 1 of 23 COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS STATE OF CALIFORNIA NOTICE TO CONTRACTORS DEBRIS REMOVAL SEALED BIDS for debris removal, will be received at the office of the Purchasing Manager, 425 North Civic Drive, Palm Springs, CA until 11: 00 A.M. , August 31, 1988 , at which time they will be publicly opened and read in the Purchasing Manager's office, for performing the work as follows: Provide all material, equipment, labor, and supervision necessary for approximately 5, 000 cubic yards of debris removal, as shown in the bid specifications. No bid will be considered unless it is made on a proposal form furn- ished by the City. Each bid must be accompanied by cash, a certified or cashier's check or bidder's bond of the prescribed form and made payable to the Community Redevelopment Agency of the City of Palm Springs for an amount equal to at least ten percent (10%) of the amount bid, such guaranty to be forfeited should the bidder to whom the con- tract is awarded fail to furnish the required bonds and to enter into a contract with the Community Redevelopment Agency of the City of Palm Springs within the period of time provided by the proposal require- ments. Successful Bidder will be required to furnish the Community Redevelop- ment Agency of the City of Palm Springs with a satisfactory labor and materials bond in an amount equal to fifty percent (50%) of the con- tract price; and a satisfactory performance bond in an amount equal to one hundred percent (100%) of the contract price, said bonds shall be secured from a surety company, or surety companies, satisfactory to the Agency. Securities may be substituted for retained funds per Government Code Section 4590. In accordance with the provisions of Section 1773 . 2 of the Labor Code of the State of California, the Director of Industrial Relations has determined the general prevailing rates of wages and employer payments for health, welfare, vacation, pensions, and similar purposes applica- ble, which is on file in the Department of Community Development of the City of Palm Springs. The contractor shall post a copy of these pre- vailing wage rates at the site of the project. It shall be mandatory upon the contractor to whom the contract is awarded to pay not less than the said prevailing rates of wages to all workers employed by him in the execution of the contract. The contractor shall comply with the provisions of Section 1776 and 1777 . 5 of the Labor Code of the State of California. i • Page 2 of 23 COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS STATE OF CALIFORNIA NOTICE TO CONTRACTORS The special attention of prospective bidders is called to Sections 2 and 3 of the General Provisions of the Standard Specifications for Pub- lic Works Construction for full details as to proposal requirements and conditions of award of contract. The prime contractor shall possess a class "A" contractor's license at the time the contract is awarded. If the contractor fails to comply with the above provision he shall not receive damages for the loss of the contract. No bid will be accepted from a contractor who has not been licensed in accordance with the provisions of Chapter 9 of Divi- sion 3 of the Business and Professions Code. The Community Redevelopment Agency of the City of Palm Springs reserves the right to reject any or all bids and the right to waive minor irreg- ularities or informalities in any bonds or in the contract proposal . The successful bidder shall meet all insurance requirements of the Agency, including but not limited to the provisions of personal and property liability insurance including automobile coverage, Worker's Compensation and Course of Construction Policies in limits acceptable to the City. All required insurance shall name the Community Redevel- opment Agency as Additional Insured. Specifications and bid documents may be obtained from the Purchasing Office, 425 North Civic Drive, Palm Springs, CA 92262 or by calling (619) 323-8236. Requests for specifications to be mailed out must be addressed to the Purchasing Manager's Office, P.O. Box 1786, Palm Springs, CA 92263-1786. /ri.,-. /)// r, s /,7 HAROLD E. GOOD Purchasing Manager Page 3 of 23 COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS TERMS AND CONDITIONS 1. Bids must be submitted on bid forms supplied by the Purchasing Office in a sealed envelope showing on the outside the name of the bidder, bid title, and date of opening. 2 . Bids submitted may be withdrawn by written request received before the hour set for opening. After that time, bids may not be with- drawn by the bidder for a period of 60 days and at no time in the case of Successful Bidder. 3 . The Community Redevelopment Agency reserves the right to reject the bid of any bidder who previously failed to perform properly, or complete on time, agreements of similar nature, or to reject the bid of a bidder who is not in a position to perform such an agree- ment satisfactorily. 4. The Community Redevelopment Agency reserves the right to reject any or all bids and to waive any informality or technical defect in a bid. 5. Bidder's signed proposal and written acceptance by the Agency shall constitute an agreement. 6 . Submission of a signed bid will be interpreted to mean that bidder has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Notice. 7. The price quoted by the bidder in his proposal shall include any sales or use tax levied by the California Revenue and Taxation Code, and shall be exclusive of Federal Excise Tax pursuant to the exemption of political subdivisions in the "Revenue Act of 1935" or any other acts of congress. 8 . When discrepancies occur between words and figures, the words shall govern. 9 . Bidder will be required to file an Affidavit of Non-Collusion with his bid. This shall be signed and sworn before a Notary Public with a commission in the State of California. 10. The decision of the Community Redevelopment Agency will be final . 11. Bidder must return entire original bid document with his/her bid. 12. Any questions pertaining to this Notice Inviting Bids should be directed to: Harold E. Good, Purchasing Manager P.O. Box 1786 Palm Springs, CA 92263-1786 (619) 323-8236 13 . Questions pertaining to the Detailed Specifications should be directed to John Terrell, Project Manager, (619) 323-8259 . Page 4 of 23 COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS TERMS AND CONDITIONS 14 . Successful Bidder will be required to obtain a City of Palm Springs Business License or show proof that he already has one. All firms doing business in the City of Palm Springs are required to be licensed in accordance with the Palm Springs Municipal Code, Chap- ter 3 entitled Business Tax Sections 3 . 40 through 3 . 96 . 15. Bid Guarantee/Deposit: All proposals or bids shall be accompanied by cash, a money order, or a cashier's certified check, payable to the order of the Community Redevelopment Agency of the City of Palm Springs, amounting to ten percent (10%) of the bid, or by a bond in said amount and payable to said Agency, signed by the bid- der and a corporate surety, or by the bidder and two sureties who shall justify before any officer competent to administer oaths, in double said amount over and above all statutory exemption. Said check shall be forfeited, or said bond shall become payable in case the bidder depositing same does not within eight (8) consecu- tive calendar days after written notice, execute this agreement. 16. Notice of Award: After award of bid a Notice of Award will be issued to the successful bidder. Successful bidder shall provide all required certificates of insurance and required bonds, and execute the contract within eight (8) consecutive calendar days of date of Notice of Award. 17 . Notice to Proceed: A Notice to Proceed will be issued upon receipt of all required certificates of insurance and execution of the con- tract by successful bidder. Successful bidder shall begin the work specified within eight (8) consecutive calendar days from and including the date of Notice to Proceed and shall diligently prose- cute the same to completion before expiration of seven (7) consecu- tive calendar days. 18 . Performance Bond: Successful bidder shall furnish within eight (8) consecutive calendar days after written Notice of Award, a Perfor- mance Bond in an amount equal to one hundred percent (100%) of the total amount of the contract. 19 . Labor & Materials Bond: Successful bidder shall furnish within eight (8) consecutive calendar days after written Notice of Award, a Labor & Materials Bond in an amount equal to fifty percent (50%) of the total amount of the contract. 20. Substitution of Securities for Retained Funds: The contractor shall be permitted to substitute securities for any monies withheld by the Agency to ensure performance under this contract, such sub- stitution to be subject to the limitations and requirements of Gov- ernment Code Section 4590. 21. Liquidated Damages: Time is of the essence. Failure to start and complete all work specified within the time specified in these bid documents shall constitute material breach of contract. Failure of successful bidder to complete the work within the time allowed will result in damages, and for each consecutive day in excess, the con- tractor shall pay to the Agency the sum of $100. 00 per calendar day. Such amount shall not be construed as a penalty but as a min- imum value of liquidated damages which maybe deducted from payment due to the contractor if such delay occurs. Page 5 of 23 COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS TERMS AND CONDITIONS 22 . Extra Work: The Agency may, at any time work is in progress, by written order and without notice to the sureties, make alter- ations in the terms of work as shown in the specifications, require the performance of extra work, or make such other changes as the Agency may find necessary or desirable. The contractor shall not claim forfeiture of contract by reasons of such changes by the Agency. The amount of compensation to be paid to the contractor for any extra work as so ordered shall be determined as follows: A. By unit prices or by a lump sum as mutually agreed upon by the Agency and the contractor; or B. If the parties cannot agree upon unit prices or a lump sum, then by actual net cost to the contractor of the materials and labor required and approved by the Agency for such extra work, plus ten percent (10%) as compensation for all other items or profit and costs or expenses. 23 . Decreases in Work Under Lump Sum Items: The Agency may, at any time work is progress, decrease the quantity of material or decrease the dimensions of any part of the work to be performed under this contract. The contractor shall execute the work as so ordered by the Agency, and the difference in expense occasioned by the decrease as ordered shall be deducted from the amount payable under this contract. If such alterations or changes diminish the quantity of work to be done, they shall not constitute a claim for damages or for losses of anticipated profits if the work which may be dispensed with, and the contractor shall not claim forfeiture of contracts by reasons of such changes by the Agency. 24 . Rejection of Work: Bidder agrees that the Agency has the right to make all final determinations as to whether the work has been sat- isfactorily completed. 25. Cleanup: During performance and upon completion of work on this project, contractor will remove all unused equipment and instru- ments of service, all excess or unsuitable material, trash, rubbish and debris, and legally dispose of same, unless otherwise directed by these specifications. Contractor shall leave entire area in a neat, clean and acceptable conditions as approved by the Contract Administrator. 26 . Contract Administration: After the contract is awarded, the entire contract will be administered by John Terrell, Project Manager, (619) 323-8259 . 27 . Examination of Specifications and Site: The bidder is expected to carefully examine the site of the proposed work, the proposal, specifications, and bid forms. He shall satisfy himself as to the character, quality, and quantities of work to be performed, mate- rials to be furnished, and as to the requirements of the specifica- tions. The submission of a proposal shall be prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the proposed specifications. For more informa- tion regarding the site contact the Contract Administrator, John Terrell, at (619) 323-8259. 0 Page 6- of 23 COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS TERMS AND CONDITIONS 28 . Cooperation Between Contractors: The Agency reserves the right to contract for and perform other or additional work on or near the work covered by these specifications. When separate contracts are let within the limits of any one pro- ject, each contractor shall conduct his work so as not to interfere with or hinder the progress of completion of the work being per- formed by other contractors. Contractors working on the same pro- ject shall cooperate with each other as directed. Each contractor involved shall assume all liability, financial or otherwise, in connection with his contract and shall protect and save harmless the Agency from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced by him because of the presence and operations of other contractors working within the limits of the same project. 29 . Unknown Obstructions: Should any unknown obstructions be encoun- tered which are not noted on the plans or specifications, they shall be immediately brought to the attention of the Contract Administrator. The contractor shall be responsible for the protec- tion of all existing equipment or utilities encountered within the project area. 30. Inspection of Work: Each part of the work shall be subject to inspection by the Contract Administrator. The Contract Administra- tor or his designee shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the contractor as is required to make a complete and detailed inspection. If the results of such inspections indicate that part of the work or materials are deficient in any respect, the Agency in its sole discretion may reject all or any part of the work or materials provided under this contract. 31. Contractor's License: The prime contractor shall possess a class " A " contractor's license at the time the contract is awarded. I£ the contractor fails to comply with the above provision he shall not receive damages for the loss of the contract. 32 . Damage: A. The contractor shall be held responsible for any breakage, damage, loss of Agency's equipment or supplies through negligence of the contractor or his employee while working on the Agencie's premises. B. The contractor shall immediately report to the Contract Admin- istrator any damage to the premises resulting from services per- formed under this contract. 33 . Contract Incorporation: The complete contract shall include the entire contents of the Notice Inviting Bids, Proposal, all Addenda, all of bidder's successful submittals, supplemental agreements, change orders, performance bond(s) , and any and all written agree- ments, agreements which alter, amend or extend the agreement. Page 7 of 23 COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS TERMS AND CONDITIONS 34 . Authority of the Agency: Subject to the power and authority of the Community Redevelopment Agency of the City of Palm Springs as pro- vided by law in this contract, the Agency shall in all cases determine the quantity, quality, and acceptability of the work for which payment is to be made under this contract. The Agency shall decide the questions which may arise relative to the fulfillment of the contract or the obligations of the contractor thereunder. 35. Sublet or Assign: Successful bidder shall give full attention to the faithful execution of the contract and shall keep same under control. Assigning or subletting any part after award of the con- tract shall require prior approval in writing by the Agency. The successful bidder shall not either legally or equitably, assign any of the monies payable under this contract, or the successful bidder's claims thereto, unless by and with prior written consent of the Agency. Nothing contained in the contract shall create any contractual relationship between any subcontractor and the Agency. 36. Information Required of Bidder: Bidder must return Information Required of Bidder sheet with his bid. No bid will be considered unless this document is completed in full. All applicable items must be filled out. 37 . Prevailing Wages: Notice is given that the legislative body has obtained the general prevailing rate of per diem wages in accor- dance with those to be paid for specified work. The schedule has been obtained from the Director of the Dept. of Industrial Rela- tions pursuant to the provisions of Section 1773 of the Labor Code of the State of California, and reference is hereby made to copies thereof on file in the office of the Director of Community Development, which said copies are available to any interested party upon request. The contractor shall post a copy of these pre- vailing wage rates at the site of this project. It shall be mandatory upon the contractor to whom the contract is awarded to pay not less than the said prevailing rates of wages to all workers employed by him in the execution of the contract. Page 8 of 23 COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS TERMS AND CONDITIONS 38. Liability Insurance: During the entire term of this agreement, Contractor agrees to procure and maintain public liability insur- ance at its sole expense to protect against loss from liability imposed by law for damages on account of bodily injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever, resulting directly or indirectly from any act or activities of the Agency or Contractor, it sub-contractors or any person acting for the Agency, or Contractor or under its control or direction, and also to protect against loss from liab- ility imposed by law for damages to any property of any person caused directly or indirectly by or from acts or activities of the Agency or Contractor, or its sub-contractors, or any person acting for the Agency or Contractor, or under its control or direction. Such public liability and property damage insurance shall also provide for and protect the Agency against incurring any legal cost in defending claims for alleged loss. Such public liability and property damage insurance shall be maintained in full force and effect throughout the term of the Agreement and any extension thereof in the following minimum limits: Bodily Injury $500, 000. each person $1, 000, 000. each occurrence $1, 000, 000. aggregate products & completed operations Property Damage $250, 000. each occurrence $250, 000. aggregate A combined single limit policy with aggregate limits in the amount of $1, 000, 000. will be considered equivalent to the required minimum limits. All of such insurance shall be primary insurance and shall name the Community Redevelopment Agency of the City of Palm Springs as additional insured. If the operation under this Agreement results in an increased or decreased risk in the opinion of the Redevelopment Director, then Contractor agrees that the minimum limits hereinabove designated shall be changed accordingly upon request by the Redevelopment Director; provided, however, that the Contractor may appeal to the Redevelopment Agency within ten (10) days after any increase is requested and such requirement for increased coverage shall be subject to determination by the Redevelopment Agency. Page 9 of 23 COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS TERMS AND CONDITIONS 38 . Liability Insurance - continued: Contractor agrees that provisions of this paragraph as to mainte- nance of insurance shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to persons or property resulting from Con- tractor's activities, the activities of its sub-contractors or the activities of any person or persons for which Contractor is otherwise responsible. 39. Workers Compensation Insurance: Successful bidder will be equired to r submit to the City Clerk proof of current Workers Compensation Insurance within eight (8) calendar days of Notice of Award. 40. Hold Harmless: Contractor agrees to indemnify, defend and save Community Redevelopment Agency of the City of Palm Springs and its agents and employees harmless from any and all liability, claims, damages or injuries to any person, including injury to Contractor's employees and all claims which arise from or are connected with the performance of or failure to perform the work or other obligations of this agreement, or are caused or claim to be caused by the acts or omissions of Contractor, its agents or employees, and all expenses of investigating and defending against same; provided, however, that this indemnification and hold harmless shall not include any claim arising from the sole negligence or willful misconduct of the Agency, its agents or employees. 41. Payment: A. The lump sum price or prices paid for the specified work shall include full compensation for all labor, materials, tools, equipment, and incidentals for doing all the work involved for debris removal, as specified in these bid documents. Full com- pensation for any additional equipment and labor, now specified, which is necessary to complete the work specified, shall be con- sidered as included in the lump sum price, and no additional com- pensation will be allowed therefore. B. A ten percent (10%) retention must be withheld from any pay- ment made to the contractor. The final retention monies will be released to the contractor thirty (30) days after the Notice of Acceptance date. Before the Agency releases final retention monies the contractor shall supply the Agency with a Labor and Materials Release Affidavit from all subcontractors. i Page 10 of 23 C0104UNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS DETAILED SPECIFICATIONS FOR DEBRIS REMOVAL Location: Portion of abandoned Palm Springs dumpsite at northeast cor- ner of Ramon Road and Gene Autry Trail; specified portion on lots 1 & 2 of Parcel Map 18787 as shown in these specifica- tions, boundary to be staked by City. Scope of Work: Remove and haul to Edom Hill County Dumpsite approximately 5, 000 cubic yards of debris. Inspection Services: Agency to hire engineer under separate contract to monitor methane gas per South Coast Air Quality Management District (SCAQMD) permit as shown in these specifications. County Health Dept. to provide inspector to monitor site for pos- sible hazardous material. CONTRACTOR SHALL COMPLY WITH RULE 1150 EXCAVATION PERMIT REQUIREMENTS (AS SHOWN IN THESE SPECIFICATIONS) AS TO THE TIMING, TRANSPORT, AND MANNER OF REMOVAL OF DEBRIS. AUG 17 '88 11: 1b C I T i' OF F'RLP1 SFF I I IG 417. F'01/04 Page 11 of 23 S ou'th Coast AIR QUALITY MANAGEMENT DISTRICT 9160 FLAIR DRIVE, EL dViC7N'rE• CA 91731 (818) 572-6200 ,Tune 24, 1988 City of Palm Springs P.O.Box 1786 Palm Springs, California 92263-1786 Attention': Mr. Norman R. King Gentlemen: Rule 1150 Excavation Permit Deference is made to your Application No. 166972 for a Rule 1150 Excavation Permit for the removal of landfill material at the Northeast corner of Ramon Road and Gene Autry Trail , Palm Springs, California 92262 . Please be advised that this Excavation_ Permit is granted under Rule 1150 of the Rules and Regulations of the South Coast Air Quality Management District and is subject to the following conditions: 1 . THIS EXCAVATION SHALL BE CONDUCTED IN COMPLIANCE WITH ALL PLANS AND SPECIFICATIONS SUBMITTED WITH THE APPLICATION UNDER WHICH THIS PERMIT IS ISSUED UNLESS OTHERWISE NOTED BELOW. 20 THIS EXCAVATION PERMIT IS VALID UNTIL SEPTEMBER 30 , 1988 . AN EXTENSION MAY BE GRANTED UPON WRI`1.'TEN REQUEST. SUCH A REQUEST WILL INCLUDE THE REASONS THE EXTENSION IS REQUIRED, THE LENGTH OF THE EXTENSION, AND THE STATUS OF THE EXCAVATION TO DATE. 3 . THE SCAQMD SHALL BE NOTIFIED IN WRITING WHEN THE EXCAVATIO-�E COMMENCES AND WHEM IT IS COMPLETED. SUCH NOTIFICATIONS SHALL OCCUR AT LEAST TWO DAYS PRIOR TO THE COMMENCEMENT AND WITHIN FIVE DAYS AFTER THE COMPLETION OF THE EXCAVATION. 4. THIS EXCAVATION PERMIT IS VALID ONLY FOR THE REMOVAL OF APPROXIMATELY 5, 000 CUBIC YARDS OF EXCAVATED MATERIAL. 5. EXCAVATION SHALL NOT BE CONDUCTED BETWEEN THE HOURS OF 6 P.M. AND 7 A.M. OR ON SATURDAYS, SUNDAYS AND LEGAL HOLIDAYS. 6. EXCAVATION SHALL NOT BE CONDUCTED ON DAYS WHEN THE SCAQMD FORECASTS SECOND OR THIRD STAGE EPISODES FOR AREA NUMBER 30. EPISODE FORECASTS FOR THE FOLLOWING DAY CAN BE OBTAINED BY CALLING (800) 445-3826 OR (800) 242-4666. AUG 17 '99 11: 17 C]TY OF PAL11 SPPINGS 417 P02%04 Page 12 of 23 City of Palm Springs -2- June 24, 1980 7. EXCAVATION SHALL NOT BE CONDUCTED ON DAYS WHEN THL' SC°AQMD REQUIRES COMPANIES IN AREA NUMBER 30 TO IMPLEMENT THEIR SECOND OR THIRD STAGE EPISODE PLANS . AREA NUMBERS REQUIRED TO IMPLEMENT THEIR EPISODE PLANS CAN BE DETERMINED FOR THE NEXT DAY BY CALLING (800) 445-3826 OR (800) 242-4566, 8 . EXCAVATION SHALL NOT BE CONDUCTED WHEN THE WIND SPEED IS GREATER THAN 15 M.P.H. AVERAGE (OVER 15 MINUTES) OR THE WIND SPEED INSTANTANEOUSLY EXCEEDS 25 M. P.H. 9. DURING EXCAVATION, ALL WORKING AREAS, EXCAVATED MATERIAL AND UNPAVED ROADWAYS SHALL BE WATERED DOWN UNTIL THE SURFACE IS MOIST AND THEN MAINTAINED IN A MOIST CONDITION TO MINIMIZE DUST. 10. ALL EXCAVATED MATERIAL TO BE HAULED OFFSITE SHALL BE TRANSPORTED IN TRUCK BEDS OR TRAILERS WHICH ARE COVERED WITH AN IMPERMEABLE COVER, WITH SUCH COVERS TIED DOWN. ALL SEAMS AND OTHER AREAS SMALL BE SEALED TO PREVENT ANY MATERIAL FROM ESCAPING DURING TRANSPORTATION. 11. WHEN LOADING IS COMPLETED AND DURING TRANSPORT, NO MATERIAL SHALL BE EXTENDED ABOVE THE SIDES OR REAR OF THE TRUCK OR TRAILER WHICH WILL HAUL THE EXCAVATED MATERIAL. 12 . THE EXCAVATED MATERIAL SHALL NOT BE STOCKPILED ON SITE. THIS MATERIAL SHALL BE DEPOSITED DIRECTLY INTO THE TRUCKS WHICH WILL HAUL IT OFF-SITE, 13 . ALL CONSTRUCTION EQUIPMENT AND TRUCKS (INCLUDING TIRES) COMING IN CONTACT WITH THE EXCAVATED MATERIAL SHALL BE CLEANED OFF PRIOR TO LEAVING THE EXCAVATION SITE. 14 . DURING EXCAVATION, WIND SPEED AND DIRECTION SHALL BE CONTINUOUSLY MONITORED AND RECORDED AT A SITE APPROVED BY THE DISTRICT. 15. ALL EXPOSED EXCAVATED MATERIAL SHALL BE COVERED WITH EITHER A MINIMUM OF 6 INCHES OF CLEAN SOIL, APPROVED FOAM OR APPROVED FOAM AND HEAVY-DUTY PLASTIC SHEETING WHENEVER THE. EXCAVATION IS NOT ACTIVELY IN PROGRESS, AND AT THE END OF EACH WORKING DAY. FOAM BY ITSELF SHALL NOT BE USED AS A NIGHT COVER IF IT IS RAINING OR RAIN IS PREDICTED BY THE NATIONAL WEATHER SERVICE PRIOR TO THE NEXT SCHEDULED DAY OF EXCAVATION. 16. DURING EXCAVATION, IF A CONSIDERABLE NUMBER OF COMPLAINTS ARE RECEIVED, ALL WORK SHALL CEASE AND THE APPROVED MITIGATION MEASURES SHALL BE IMPLEMENTED IMMEDIATELY. OTHER MITIGATION MEASURES WHICH ARE DEEMED APPROPRIATE BY SCAQMD PERSONNEL TO ABATE A NUISANCE CONDITION SHALL BE IMPLEMENTED UPON REQUEST. AUG 17 '88 11: 17 rib,' OF FRLM SPF 1115c 417 P07 04 Page 13 of 23 City Of Palm Springs -3- .JUne 24 , 1988 17 . IF HAZARDOUS MATERIALS ARE ENCOUNTERED DURING THE EXCAVATION, THE EXCAVATION SHALL CEASE IMMEDIATELY AND ALL EXPOSED MATERIALS SHALL BE COVERED WITH A MINIMUM OF 22 INCHES OF CLEAN SOIL. THE EXCAVATION SHALL NOT RECOMMENCE UNTIL AFTER MITIGATION MEASURES FOR HANDLING THE HAZARDOUS WASTE HAVE BEEN SUBMITTED TO AND APPROVED BY THE DISTRICT AND OTHER APPROPRIATE GOVERNMENTAL AGENCIES. 18 . ALL MATERIALS THAT ARE LISTED AS HAZARDOUS BY A FEDERAL OR STATE AGENCY SHALL BE CONSIDERED "HAZARDOUS MATERIALS1/ FOR THE PURPOSE OF THIS PERMIT. 19. DURING EXCAVATION, MONITORING FOR ORGANICS AS METHANE USING AN - ORGANIC VAPOR ANALYZER (OVA) SHALL BE CONDUCTED CONTINUOUSLY AT THE WORKING FACE, 20. IF THE OVA SHOWS A SUSTAINED (GREATER THAN 2 MINUTES) READING OF 500 PPMV OR GREATER AT THE WORMING FACE, THE AREA GENERATING THE EMISSIONS SHALL IMMEDIATELY BE COMPLETELY COVERED WITH A MINIMUM OF 6 INCHES OF CLEAN DIRT AND THE FOLLOWING ACTIONS IMPLEMENTED: A. EXCAVATION OF THE AFFECTED AREA SHALL NOT RECOMMENCE UNTIL THE ORGANIC READINGS ARE BELOW 200 PPMV. B. EXCAVATION OF THE AFFECTED AREA SHALL BE CONDUCTED IN SUCH A MANNER AS TO LIMIT THE WORKING FACE TO LESS THAN 2000 SQUARE FEET OR OTHER SMALLER AREA DEEMED APPROPRIATE BY SCAQMD PERSONNEL TO REDUCE NUISANCE POTENTIAL. 210 ALL MONITORS SMALL BE CALIBRATED DAILY OR EACH DAY THEY WILL BE OPERATED USING A METHOD APPROVED BY THE DISTRICT. 22 . IF A DISTINCT ODOR (LEVEL III OR GREATER) RESULTING FROM THE EXCAVATION IS DETECTED AT OR BEYOND THE PROPERTY LINE, THE EXCAVATION SHALL CEASE AND THE APPROVED MITIGATION MEASURES IMPLEMENTED IMMEDIATELY. ODOR LEVELS WILL BE DETERMINED BY SCAQMD PERSONNEL OR ON-SITE SAFETY COORDINATOR IN THE ABSENCE OF SCAQMD PERSONNEL. 23 . MITIGATION MEASURES, OTHER THAN THOSE INDICATED IN THESE CONDITIONS, WHICH ARE DEEMED APPROPRIATE BY SCAQMD PERSONNEL AS NECESSARY TO PROTECT THE COMFORT, REPOSE, HEALTH OR SAFETY OF THE PUBLIC, SHALL BE IMPLEMENTED UPON REQUEST. AUG 1:7 168 11:21 CITY OF PALM SPRINGS 418 POI Page 14 of 23 City of Palm Spr?aJgs -4- June 2-1, 1938 Other governmental agencies may require approval before any excavation begins. It shall be the responsibility of the applicant to obtain that approval. The South Coast Air Quality Management District shall not be responsible or liable for any losses because of measures required or taken pursuant to the requirements of this approved Excavation Management Plan. if you have any questions concerning this Permit, please call Mr. Ted Kowalczyk at (818) 572-6186. Very truly yours, William J. Dennison Director of EngineeriTiq Mohsen Nazemi,P.N. Supervising A.Q. Engineer TK AUG 17 '8B 11: 19 C'''4 OF PALM SPRIhIGS d17 PG-i Gs 1 -7 AD r� �! Page 15 of 23 _® R,4 NGS. COUNT,t',Y i C�Ulf Csr,47 c-s F 1 c-f ry L /M/T•$1 y 1 w t 1 x u REMAIP41DER PARCEL � � I Li i L�ctjG% OFF ptiFiS Q ' "0 nG �EMraJE� cn ?>,' oar"`'"%„'�i`s" 4: � t .-t. .,..;- •'Y;^."'sr'�u+r7r,.. �....i Lij z PAC . "o IV) PAR . 2 �Q LL! l(n s U)l ILJI RAMON ROAD i LOTS v 1 p T •R1 ieL•'. -% p RAMON RD. c�� •, a.R r•r ten,.. .{�..�� e. . � •� r. 'f►!` I C i IUD l'I' AND Z O ICI I IV G CITY OF PALM �f� RlN+GS .�- CoSE NC APPROVED BY PLAN, GOMfW. DAf APPL{rwA�7 ;,a„ iP"' Smi-^/holden West _ou' 'v APPROVED 8Y COUNCIL DATE RE M A RKRK,S .e .:or 17 ORD. NO. RESOL. N0, f, • Page 16 of 23 PROPOSAL FOR DEBRIS REMOVAL TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA Responding to a Notice to Contractors for Debris Removal to the Community Redevelopment Agency of the City of Palm Springs, dated August 31, 1988 , the undersigned bidder agrees to furnish all labor, equipment, supervision, and service necessary to do all the work required to perform and complete the work in good order in accordance with the specifications. I/We propose and agree to furnish all labor, equipment, supervi- sion, and service necessary to complete said work, all in accor- dance with the specifications, to the Community Redevelopment Agency of the City of Palm Springs and will accept as full payment therefor the following amount: DEBRIS REMOVAL, as specified One hundx.ed tmewty-zi thousand doP2cuts and no cents (total amount written in words) dollars . . . . . . . . . . . . $ 126, 000.00 Enclosed find in the amount of ten percent (10%) of the amount bid, herein posted with the Community Redevelopment Agency of the City of Palm Springs as security that the undersigned will furnish the required insurance certificates within eight (8) calendar days after Notice of Award. The undersigned further agrees that in case of default in furn- ishing the required insurance certificates within eight (8) cal- endar days after Notice of Award, the proceeds of the check or bond accompanying his bid shall become the property of the Commu- nity Redevelopment Agency of the City of Palm Springs. Substitution of Retained Funds: Contractor shall be permitted to substitute retained funds per Government Code Section 4590. It is understood and agreed that this bid may not be withdrawn until sixty (60) days from date of opening thereof, and at no time in the case of successful bidder. Undugrcound Unlimited s l NAME OF BIDDER (PERSON,FIRM,CORP) SIGNATURE OF/REPRESENTATIVE 68730 E. Ramon Road Rus,5 Lambeth, Pxea2dewt ADDRESS NAME & TITLE OF REPRESENTATIVE Cathed2a2 Cittj, CA 92234 (619) 328-5970 ADDRESS TELEPHONE NUMBER 8-31-88 DATE L • • Page 17 of 23 (NO BID WILL BE CONSIDERED UNLESS THIS DOCUMENT IS COMPLETED IN, FULL. ALL APPLICABLE ITEMS MUST BE FILLED OUT) INFORMATION REQUIRED OF BIDDER The bidder is required to supply the following information. Additional sheets may be attached if necessary. (1) Address 68730 E. Raman Road, Cathedka2 City, .CA (2) Tel . No. 328-5970 (3) Type of Firm ( Individual , Partnership or Corporation) Co&pyLation (4) Corporation organized under the laws of the State (5) Contractor's License of CaW mnta No. 442243 (6) List the names and addresses of all members of the firm or names and titles of all officers of the corporation: Rudd Lambeth, Pxu ident 1332 BeveA2y Dtive, Pa& Spx,ingh, CA (7) Number of years experience as a contractor in construction work 11 (8) List at least three projects completed as of recent date: Contract Amount Class of Work Date Completed Name and Address of Owner 405,000.00 SCE pxe5 ent SCE,P.O. Box 700, Rohemead, CA 91770 200,000.00 — — n — 140,000.00 SCE,SeweApWateA " Rowfand Con.6ticuetoxh 1635 Myxtte 00 RheG;4*, 42 940.24 (9) List the name and address of each subcontractor who will perform work in or about the work or improvement, and indicate what part of the work will be done by each subcontractor: Contractor's Name Address License No. Work to be Performed N/A ( 10) List the name and address of each supplier who will supply material for the work or improvement, and indicate what type of material will be supplied. Name of Supplier Address Type of Material Paxhhon Supply Indio, CA Pipe United ConeAete Pipe Batdwin Pcuc , CA vipce ( 11 ) List the name of the person who inspected the site of the proposed work for your firm Ri.chand L. KmeE ( 12) A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Contract Administrator. i 1 ♦ i Page 18 of 23 AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR STATE OF Cati6an,wca ) Rivetus.ide ) ss COUNTY OF ) Ruzz Lambeth being first duly sworn, deposes and says: That he is P11PA r!Ont of UndeAquund Untm.fted , (insert "Sole Owner" , (insert name of bidder) "Partner" , or other proper title) who submits herewith to the Community Redevelopment Agency of the City of Palm Springs, a proposal; that all statement of fact in such proposal are true; That such proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association or corporation; That such proposal is genuine and not collusive or sham; That such bidder has not, directly or indirectly, by agreement, com- munication or conference with anyone attempted to induce action pre- judicial to the interest of the Community Redevelopment Agency of the City of Palm Springs, or of any other bidder or anyone else interested in the proposed contract; and further, That prior to the public opening and reading of proposal, said bidder: (a) Did not, directly or indirectly, induce or solicit anyone else to submit a false or sham proposal. (b) Did not, directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham proposal, or that anyone should refrain from bidding or withdraw his proposal. (c) Did not, in any manner, directly or indirectly, seek by agreements, communications, or conference with anyone to raise or fix any overhead, profit, or cost element of this proposal price, or that of anyone else. (d) Did not, directly or indirectly, submit his proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid deposi- tory, or to any member or agent thereof, or to any individual or group of individuals, except to the Community Redevelop- ment Agency of the City of Palm Springs or to any person or persons who have a partnership or other financial interest with said bidder in his business. Subscribed and sworn to before me this day of 19 .*k 7 Notary Publ,_�b in andytor_said fj , County and State ��; rs OFFICIAL SEAL s� �/ , c.. 9n , WM NOTARY PUBe,Ic-croaNIA `^2'Sl .,v, E.ioecoo31, Title � °ry�'16�^ fdy Con.m,&pircsJm�31,I992 0 6 Page 23 of 23 ARTICLE IV - The State of California, Department of Transporation, Standard Specifications, dated July 1984 , at the first publication of the invitation for bid, the special provisions and the proposal are hereby included and made a part of this Agreement. These documents, together with this formal Agreement and the bidder's proposal, affida- vit and bonds, constitute the contract documents and a requirement included in one is as binding as though included in all. It is fur- ther expressly agreed by and between the Parties hereto that, in the event of a conflict between one contract document and any of the other contract documents, the document highest in precedence shall control and supersede in that particular, the document which is contrary to it. The order of precedent of the contract documents is as follows: First - This Formal Agreement Second - Codes Third - Special Provisions and Specifications (Words shall take precedence over numbers) Fourth - State of California, Department of Transportation, Standard Specifications, dated July 1984 Fifth - Bidder's Proposal Change orders and supplemental agreements shall take precedence over the contract documents. ARTICLE V - Should it become necessary for either party to institute arbitration or a lawsuit to enforce the terms and conditions of this Agreement, then all costs of said arbitration or lawsuit, including attorney's fees, shall be awarded to the prevailing party. IN WITNESS HEREOF, the Parties to these presents have hereunto set their hands the year and date first above written. ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA By X7 By ftyx0lerk sst ecretary )QityxAauxngarx Executive Director APPROVED AS TO FORM: Date By APPROVED BY THE COMMUNITY REDEVELOP- City Attorney MENT AGENCY By R557 9-7-88 No. Date CONTENTS APPROVED: CONTRACTOR By By UndeAgnound Unt mUed Redevelopment Director � �' Date ,�e'..21) � -�,/7�4 � � �.➢i�h�dev�t r` Titled (TO BE NOTARIZED) Page 22 of 23 AGREEMENT This Agreement, made and concluded this day of r ,�U:` between the Community Redevelopment Agency of the City of Palm Springs, Party of the First Part, and UNDERGROUND UNLIMITED Contractor, Party of the Second Part, (unique systems nc. WITNESSETH THAT: ARTICLE I - For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the said Party of the First Part, said Party of the Second Part agrees with said Party of the First Part, at his own proper cost and expense, to do all the work and furnish all materials, except such as are men- tioned in the specifications to be furnished by said Party of the First Part, necessary to complete in good workmanlike and substantial manner all of the work for: DEBRIS REMOVAL AT NORTHEAST CORNER OF RAMON ROAD AND GENE AUTRY TRAIL, Palm Springs, California, specified portion on lots 1 & 2 of Parcel Map 18787, as noted in bid specification no. 89-2414, and other incidental work necessary to complete the project. in accordance with the proposal, description of work, and special provisions thereof, and also in accordance with the "Standard Speci- fications for Public Works Construction" (1985 Edition) , at the first publication of the invitation for bid, and all other codes and ordi- nances referred to and thereby made a part hereof. The limits and location of said work to be done is stated in the Com- munity Redevelopment Agency of the City of Palm Springs Bid No. 89-2414 , which said sheets are hereby made a part of this Agreement. ARTICLE II - Said Party of the Second Part is responsible for furn- ishing all said materials, and labor, furnishing and removing all temporary work or structures, tools and equipment, and doing all the work contemplated and embraced in this Agreement; also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by the Agency, and for all risks of every description con- nected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work except such as, in the said specifications, are expressly stipulated to be borne by the Agency, and for well and faithfully completing the work and whole thereof, in the manner shown and described in the said specifi- cations and in accordance with the requirements of the Contract Admin- istrator. The Agency shall pay and the contractor shall receive in full compensation therefor, the prices for the several items named in the bidding sheet of the proposal. ARTICLE III - The said Party of the First Part hereby promises and agrees with the said contractor to employ and does hereby employ the said contractor to provide the materials and do the work according to the terms an conditions herein contained and referred to for the price bid, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. • • Page 23 of 23 :,hTICLE IV - The State of California, Department of Transporation, Standard Specifications, dated July 1984 , at the first publication of the invitation for bid, the special provisions and the proposal are hereby included and made a part of this Agreement. These documents, together with this formal Agreement and the bidder's proposal, affida- vit and bonds, constitute the contract documents and a requirement included in one is as binding as though included in all. It is fur- ther expressly agreed by and between the Parties hereto that, in the event of a conflict between one contract document and any of the other contract documents, the document highest in precedence shall control and supersede in that particular, the document which is contrary to it. The order of precedent of the contract documents is as follows: First - This Formal Agreement Second - Codes Third - Special Provisions and Specifications (Words shall take precedence over numbers) Fourth - State of California, Department of Transportation, Standard Specifications, dated July 1984 Fifth - Bidder's Proposal Change orders and supplemental agreements shall take precedence over the contract documents. ARTICLE V - Should it become necessary for either party to institute arbitration or a lawsuit to enforce the terms and conditions of this Agreement, then all costs of said arbitration or lawsuit, including attorney's fees, shall be awarded to the prevailing party. IN WITNESS HEREOF, the Parties to these presents have hereunto set their hands the year and date first above written. ATTEST: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, CALIFORNIA BY BY C f'rGi eTERpra)"K Asst. Secretaryjxxxxe Executive e rector APPROVED AS TO FORT gf Date `l :, 7rl/r BY �� �?'� ae/ � 'ri � APPROVED BY THE COMMUNITY REDEVELOP- City Attorney- MENT AGENCY // r By R557 9-7-88 No. Dates / 1.0 UNIQUE SYSTEMS, INC. dba CONTENTS APPROVED: CONTRACT R UNDERGROUND UNLIMITED Y ByA Redevelopment Director Datej Title (NOTARIZED) California On this the 88 State of 7th day of September 19_ before me, Count of Riverside SS' Russ Lambeth, President +� y Xthe undersigned Notary Public,personally appeared i personally known tome 1 ❑ proved to me on the basis of satisfactory evidence X to be the person(s)who executed the within instrument as t or on behalf of the cor oration therein oretcuat,SrAL sEwL P JOYM.REHIS named,and acknowledged to me that the corporation executed It. 1 NOTARY PUCLIC•CALIFORNIA `L RIVERSIDE COUNTYWITNESS my hand and official seal. 1 MIr Cmm,Expires Aug.28,1992 /I Notary's Signature — '� Joy M. Reeves CORPORATE ACKNOWLEDGMENT FORM 7120052 NATIONAL NOTARY ASSOCIATION•20012 Ventura elvd.•Woodland HIRS,CA 9176A ...` ai :j..',o ,.;:.:tti.}N.- ;"tl?�'y;., ;.,y, ,,_�..�„ � 'A" ,�, :;:;q, ... .. �k,YYYY . ... � ... �,.. ; * '� F—• PACIFIC SOATES CASUALTY%OMPANY Museum Square Building, 5757 Wilshire Boulevard, Suite 670, Los Angeles, California 90036 PERFORMANCE BOND Bond No. 1871 CALIFORNIA - PUBLIC CONTRACT Premium: $3,465.00 KNOW ALL MEN BY THESE PRESENTS: That Unique Systems, Inc. Dba Underground Unlimited as Principal,and the PACIFIC STATES CASUALTY COMPANY,a California corporation authorized to execute bonds in the State of Cali- fornia, as Surety, are held and firmly bound unto City of Palm Springs as Obligee, in the sum of One Hundred Twenty Six Thousand and no/100----------------------------- -------------------------------------------------------------------- Dollars ($ 126,000.00 ) for which sum we bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally by these presents. The Condition of the obove obligation is such that, Whereas the Principal has entered into a contract, dated 2 7 a�aa 19 with the Obligee to do and perform the following work to-wit: 089-2414 Debris Removal NOW,THEREFORE,if the said Principal shall well and truly perform the work contracted to be performed under said contract,then this obligation shall be void; otherwise to remain in full force and effect. - - - - -- State of Cali.Eornia 27th w * On this the dayof September Z SS 19 8q before me, 1 1 County of Riy2rc 'r1a Joy M. Reeves t`the undersigned Notary Public,personally appeared 1 l Russ Lambeth �0 personally known tome as President 41 proved to me on the basis of satisfactory evidence -i to be the person(s)who executed the within instrument as i or on behalf of the corporation therein i y 60dBrt )gL�et named,and acknowledged to me that the corporation executed it. 22 xj° y� NOTARY pU61.IGCALIFOANIA WITNESS my hand and official seal. RIVERSIDE COUNT( Rg COMM.EXRI1ES Aug.23,1992 Notary s Stgnatur -� Jo M. Reeves t CORPORATE ACKNOWLEDGM ENT FORM 7120052 �.-a••-.- -- NAT )NAL NOTARY ASSOCIATION•23012 Ventura Blvd Wnv-, ---- No.' r ,l PERFORMANCE BOND PRINCIPAL TO: OBLIGEE PACIFIC STATES CASUALTY COMPANY s t PACIFIC FATES CASUALTACOMPANY Museum Square Building, 5757 Wilshire Boulevard, Suite 670, Los Angeles, California 90036 LABOR AND MATERIAL BOND CALIFORNIA--PUBLIC CONTRACT Bond No. 1871 Premium: Included KNOW ALL MEN BY THESE PRESENTS, that Unique Systems, Inc. Dba Underground Unlimited as Principal, and the PACIFIC STATES CASUALTY COMPANY, a California corporation authorized to execute bonds in the State of -California, as Surety, are held and firmly bound unto City of Palm Springs as Obligee, in the sum of Sixty Three Thousand and no/100------------------------------------- -------------------------------------------------------------------- Dollars ($ 63,000.00 ) for which sum we bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally by these presents. The Condition of the above obligation is such that, Whereas the Principal on the SEP 2 7 1908 day of 19 , entered into a contract with the Obligee for #89-2414 Debris Removal NOW,THEREFORE, if the above-bounden Principal or his subcontractors fail to pay any of the persons named In Section 3181 of - "' - -`^-"-""' - ••- ^-^•• =�i^^..,,,,,,,,,o„+InF„ral,r­Pcnria with resoertto work or labor performed State of California On this the 27thday of September g 1 198 , before me, 1, Count of Riverside 1 SS' Joy M. Reeves L• Y � t the undersigned Notary Public,personally appeared 1 l Russ Lambeth Z l CAS personally known to me as President ti 1� proved to me on the basis of satisfactory evidence 1 to be the person(s)who executed the within instrument as : •� :--n:_„_:.. .,", . ._. or on behalf of the corporation therein named,and acknowledged to me that the corporation executed it. 1 JOdf�.PstE'"fa nereevFuauc.cnuro,ma WITNESS my hand and official seal. 1 RIVEnSIDE CDUNN 1 Comp.Expires Aug.23,1992 �) � t Notary s Sign ur1,011 M. Reevee ; CORPORATE ACKNOWLEDGMENT FORM 7129052 NATIONAL NOTARY ASSOCIATION•23012 Ventura alvtl •Wootllaotl�Hi& Ca Sae No. LABOR AND MATERIAL BOND CALIFORNIA- PUBLIC CONTRACT PRINCIPAL • TO: OBLIGEE • POWER OF ATTORNEY OF • �_� Pacific States Casualty Company NOTICE 1 All power and authority herein granted shall in any event terminate on the 31 st day of December,1990 2 This Power of Attorney is void it altered or If any portion is erased 3 This Power of Attorney is void unless the seal is readable,the text is in black Ink,the signatures are in red ink and this notice is in red ink 4 This Power of Attorney should not be returned to the Attorney-In-Fact,but should remain a permanent part of the obligee's records KNOW ALL MEN BY THESE PRESENTS,that,except as expressly limited,PACIFIC STATES CASUALTY COMPANY,does, hereby make,constitute and appoint Norman E.Graltar dr.,the[rueand lawful Attorney-in-Fact,to make,execute,deliverand acknowledge,forand on behalfofsaid corporation assurety,bonds,undertakings and contracts of suretyship in an amount not exceeding$1,500,000 in any single undertaking,giving and granting unto said Attorney-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to become in connection therewith as said corporation scribed,but reserving to said corporation full power of substitution and revocation,and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of PACIFIC STATES CASUALTY COMPANY,effective as of August 3,1984, RESOLVED,that the Chairman of the Board,the President and any Vice President attire corporation be,and that each of them hereby is authorized to execute Powers of Attorney,qualifying the attorney named In the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respected any bond, undertaking or contract of suretyship to which it is attached IN WITNESS WHEREOF,PACIFIC STATES CASUALTY COMPANY has caused these presents to be signed by its President and attested by its Secretary this 31 st played August,1987 x."S C"e, �� y PP°R C ATTEST PACIFIC STATiES CASUALTY COMPANY °° 9s < {� LL FEB.i, O ° 6 ° 1992 y &W By c� J �� ��^ °, 91/FO PNxp=dt By ' � 1� �(^ Bruce MacKenzie V * F EstherR Lowy,Secretary STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) On March 20,1987,before me,the undersigned,a Notary Public in and forsaid State,personally appeared Bruce E.MacKenzie and Esther R Lowy,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument as President and Secretary on behalf of Pacific States Casually Company,the corporation therein named,and acknowledged to me that the corporation executed it WITNESS my hand and official seal. u �.rw-nr 1� 1g OFFICIAL SIr,AL W4'^� "VV ,� ..A.✓ x .fii`I NomnvNuoucHcn�NoaRln Signature A g�,•�i, f Notary Public 9 tl, C�y"J; LOS FNGELC-S COUNTY \_=vvM,Ct.m Ezprtes Nov 19,1989 CERTIFICATE The undersigned,as Secretary of PACIFIC STATES CASUALTY COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resol union of the Board of Directors of said corporation set forth in the Power of Atorney,are in force as of the date of this Certificate This Certificate is executed in the City of Los Angeles,California,this 13 day of September 11988 it, c4" PACIFIC STATES CASUALTY COMPANY " °opP 0'? qkj, _Jlr u ? FEB.1, o ° By 6 ��T��/ 1.^ ry 9 F9BpN�P D lO^ �1U I� I </ 0 ?'a PSC-5-1019/61 I,Esther S­ecrelsfy ,� F CERTIFICA10 OF INSURANCE , 8S°E DATE MM'°°'Y"' - 09-02-88/bJ +PRODUCER �IJ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, I HUGH K. CURTIS INSURANCE SERVICES, INC. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 4 P.O. BOX 8777 PALM SPRINGS, CA 92263-6777 COMPANIES AFFORDING COVERAGE (619) 327-8516 COMPANY LETTER CODE SUB-CODE ATHE AETNA CASUALTY AND SURETY COMPANY = COMPANY B �S,INSURED LETTER BEAVER INSURANCE COMPANY UNDERGROUND UNLIMITED LETTERNY CFtiratlWff UNIQUE SYSTEMS, INC. COMPANY D p 68-730 E. RAMON ROAD LETTER I, CATHEDRAL CITY, CA 92234 COMPANY LETTER E ,COVERAGES -- - - - ---- - -- -- ----- - - ---- - - - - - --- - �', THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, )II EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. !i V CO POLICY EFFECTIVE POLICY EXPIRATION �LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DDIYY) DATE(MWDD/YY) ALL LIMITS IN THOUSANDS ' GENERAL LIABILITY GENERAL AGGREGATE $ 2'000' fA X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOPSAGGREGATE $ 1 ,000, CLAIMS MADE OCCUR 86 CO 5251604 CCS 08-31-88 08-31-89 PERSONAL&ADVERTISING INJURY $ 1 '000, X OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 1 'GOO' FIRE DAMAGE(Any one fire) $ fjo a ' MEDICAL EXPENSE(Any one person) $ 5, III AUTOMOBILE LIABILITY COMBINED !A X ANY AUTO SINGLE $ LIMIT 11000, ALL OWNED AUTOS BODILY NJURY $ SCHEDULED AUTOS (Per person) Xr HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS 86 FJ 832688 CCA 08-31-88 08-31-89 (Per acdenl) $ GARAGE LIABILITY I! lyl PROPERTY { DAMAGE $ III EXCESS LIABILITY EACH AGGREGATE OCCURRENCE OTHER THAN UMBRELLA FORM t i WORKER'S COMPENSATION - STATUTORY !I ?iB AND W 0007669 05-31-88 05-31-89 1 >000, (EACH ACCIDENT) h $ 1 'oQo' (DISEASE—POLICY LIMIT) s ' EMPLOYERS'LIABILITY $ POGO' (DISEASE—EACH EMPLOYEE)_ OTHER !II� �I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS ALL OPERATIONS d CERTIFICATE HOLDER CANCELLATION !I CITY OF PALM SPRINGS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE I P.O. BOX 1767 EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO PALM SPRINGS, CA 92263 MAIL-1-9_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE hli LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN.: PURCHASING DEPT. LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES I'ACORD 25-S 3/88 A�PTHO s€9-7EPRESENT/YTIV 9.✓//c.w� `A000tJR`.D CORPORATION 1988