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HomeMy WebLinkAboutA6582 - DESERT RANGER CONSTRUCTION - PS SWIM CENTER POOL DECK REPLACEMENT DOC # 2014-0347648 09/12/2014 03:21P Fee:NC Page 1 of t Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder Recording 11111111111111111111 INII 1 N 11111111111111111111111 Requested by and S R U After Recording PAGE SIZE OA MISC LONG RFD COPY }{t Return to: tJ M A 1 1 465 1 426 PCOR NCOR SMF CH E%AM City Clerk B x of Palm Springs T: crY UNI �. 43 Palm Scrims. CA 92263 lr`QR RECORDERS USE! N Y) Pursuant to Government Code Section 6103,this document is being recorded as a benefit to the City of Palm Springs and recording fees shall not apply. NOTICE OF COMPLETION NOTICE IS HEREBY given that: I. The City of Palm Springs, California, is a municipal corporation, organized and incorporated pursuant to the laws of the State of California. II. 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. III. 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). IV. The public work of improvement on the hereinafter referred to real property within the city was completed on 9/4/14. V. The name of the contractor(if named)for such work of improvement was: Desert Ranger Construction, Inc. VI. The public work of improvement, which was completed in the City of Palm Springs, County of Riverside, State of California, is described as follows: PALM SPRINGS SWIM CENTER POOL DECK REPLACEMENT. VII. Nature of Interest: Fee Owner Vill.The property address or location of said property is: 406 S. Pavilion Way, Palm Springs, California 92262 IX. City Project: No. 14.08 Agreement Number: A6682 QLt45A CITY OF PALM SPRINGS: BY: DATED: 0 14n'I Special Projects Coordinator Allen F. Smoot JAMES THOMPSON, being duly sworn, says: That he is the City Clerk of the aforesaid City of Palm Springs, California, the corporation that executed the foregoing notice; that he makes this verification on behalf of said corporation, that he has read the foregoing Notice of Completion, and knows the contents thereof, and that the facts stated therein are true; that as said City Clerk, he makes this verification on behalf of said municipal corporation Index No.0414 City Clerk-James Thom�sn CHANGE ORDER NO. 1 PROJECT TITLE: Palm Springs Swim Center Pool Deck Replacement Project CITY PROJECT#: CP# 14-08 CONTRACT NO.: A6582 CONTRACT DATE: July 23, 2014 CONTRACTOR: Desert Ranger Construction, Inc. The following changes are hereby made to the Contract: # Item Cost (Credit) 1. COR#1: Demo unknown concrete under existing drain pipe $12,483.25 2. CORK: Replacement of diving board anchors $ 4,910.50 3. COR#3: Replace and add coping warnings (tile) $ 7,854.50 Total Change $25,248.25 Justification: 1. During the removal of the existing underground deck drain system it was discovered that additional concrete had been poured under the drain line which had to be removed prior to new drain system installation. 2. The diving board anchor system had to be removed and replaced as it was integral to the old decking. 3. The pool has existing tile warning signs that are inlaid in the coping plus there were "No Diving" and "No Running" signs painted on the coping, this item replaces all the old warning the signs plus adds the other warning signs in the so they do not have to be painted each year. CHANGE TO CONTRACT AMOUNT Original Contract Amount: $288,450.00 Current Contract Amount, as adjusted by previous Change Orders: $288,450.00 The Contract Amount due to this Change Order will be changed by: $ 25,248.25 add Contract Amount due to this Change Order will be: $313,69825 1 GI'4A 3ii1 . I CHANGE TO CONTRACT TIME No Change. Approvals Required: To be effective, this Change Order must be approved by both Desert Ranger Construction, Inc. and City, unless otherwise permitted under the terms of the Contract. tt Recommended by date f ✓`� City's Representative Ordered by date lo'ke)4 City Manager ATTEST, date City Clerk Accepted by date 4Z �d Z'pl l Desert Ra r Construction, Inc. Desert Ranger Construction, Inc. (DRC) acknowledges and agrees, on behalf of DRC, all subcontractors and all suppliers, that, except as provided above, the stipulated compensation provided for in this Change Order includes payment for all work contained in this Change Order, plus all payments for interruption of schedules, incremental extended overhead costs, acceleration costs, delay and all impact, ripple effect or cumulative impact on all other work arising out of, or related to, the work that is the subject of this Change Order. In addition, DRC agrees that this Change Order comprises the total compensation due DRC, and all subcontractors and all suppliers, for the work or change defined in this Change Order, including all impacts arising out of or related to this Change Order, including all impacts arising out of or related to this Change Order, including any time-related issues. APPROVED BY CITY MANAGER 2 AGREEMENT 1 THIS AGREEMENT made this 14 �day of Jl in the year 2014, by and between the City of Palm Springs, a charter ci , 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 Desert Ranger Construction, Inc. 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: PALM SPRINGS SWIM CENTER POOL DECK REPLACEMENT, CP #14-08 The Work is generally described as follows: Removal and replacement of approximately 13,159 sq. ft. of concrete pool decking including, deck preparation, related concrete edging and drainage systems as described in the Plans and Specifications. Project also includes the abatement and proper disposal of 570 lineal feet of 6" asbestos containing drainage piping. 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 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$ 2,500 for each calendar day that expires after the time specified in Article 2, herein. ARTICLE 3 — CONTRACT PRICE AGREEMENTFORM AGREEMENT AND BONDS 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 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, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers U to Z , 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. ARTICLE 5— PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by 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 and the Special Provisions will have the meanings indicated in said Standard Specifications and the 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. AGREEMENT FORM AGREEMENT AND BONDS ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By ' City Clerk APPROVE ,�TO FORM: sy City Attorney Date o7. 22• eO?/'y CONTENTS APPROVED: City Man Date APPROVED BY Clr, CQUIICIL Iq APPROVED BY THE CITY COUNCIL: Date Agreement No. Corporations require two notarized signatures:One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer,or Chief Financial Officer. AGREEMENTFORM AGREEMENT AND BONDS �esc"f /ja 9�/ CONTRACTOR: Name: AV.Check one:_Individual_Partnership _Corporation Address: 7 By. By: Sig turr�ee(no arized) Signature(notarized) Name:4 rrf Ur ice. Name:�02al Fj/12 AI5 Title:�� r�s, pl=.✓f Title--- -rr-77 a rY (This Agreement must be signed in the above This Agreement must be signed in the above space by one of the following: Chairman of the space by one of the following: Secretary, Chief Board, President or any Vice President) Financial Officer or any Assistant Treasurer) State of State of County of / ss County of s s On 5` Ong/,ice[ beforem before me72,'5'z21.�.✓ A � �i�.✓ i��ilG personally appeared 9 personally appeared 42" who proved to me on the basis of satisfactory who proved to me on/the basis of satisfactory evidence to be the person($) whose name(4) evidence to be the person(8)whose name(9)is/are is/are subscribed to the within instrument and subscribed to the within instrument and acknowledged to me that he/sheHhey executed acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), the same in his/herftheir authorized capacity(les), and that by his/herAheir signatures(zl on the and that by his/bar,4heir signatures(4 on the instrument the personO, or the entity upon instrument the person(o, or the entity upon behalf behalf of which the personA acted, executed the of which the person( acted, executed the instrument. instrument. I certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing laws of the State of California that the foregoing paragraph is true and correct. paragraph is true and correct. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature:/ // Notary Seal: // / Notary Seal: TERRI S. MASON Commission# 1946926 _ •"� Notary Public -California TERRI S. MASON Rlverslde County M Comm.Expires Se 2 2015+ Commission # 1946926 -r Notar Public y California Rlverslde County s M Comm.Ex rea S 2 2015 AGREEMENT FORM AGREEMENT AND BONDS BID DOCUMENTS Only the following listed documents, identified in the lower right corner as 'Bid Forms" shall be fully executed and submitted with the Bid at the time of opening of Bids. Bid (Proposal) Bid Schedule(s) List of Subcontractors Local Business Preference Program Good Faith Efforts 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. Palm Springs Swim Center Pool Deck Replacement,CP#14-08 COVER SHEET \ BID FORMS 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: PALM SPRINGS SWIM CENTER POOL DECK REPLACEMENT, CP#14-08 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 I Date I Number 017, 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 be 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 1860, et 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 Palm Springs Swim Center Pool Deck Replacement,CP#14-08 Bid Signature Form Bid Forms Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefore the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). Dated: — e-2 Bidder: /�2S e% R4WW 1/11/16$41 By. natu e) Title: Si dam✓ Palm Springs Swim Center Pool Deck Replacement,CP#14-008 Bid Signature Form Bid Forms BID SCHEDULE Lump Sum Price for PALM SPRINGS SWIM CENTER POOL DECK REPLACEMENT, CP# 14-08 In Palm Springs, California Item Description 1) Remove and replace approximately 13,159 sq. ft. of concrete pool decking along with related concrete edging and drainage system at the Palm Springs Swim Center as outlined in the Plans and Specifications. Contractor hereby submits the following pricing for the above referenced project: FOR A TOTAL LUMP SUM BID PRICE OF: 8� LIS-o, XX / (Price in figures) / (Price in words) Name of Bidder LUMP SUM BID SCHEDULE BID FORMS 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, Contractor's License number 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. Special Note: The Prime Contractor shall perform not less than 15% of the Work identified in this Bid. In the event a Bidder lists subcontractors who will perform Work under this Bid in excess of 15% of the Work identified in this Bid, the Bid shall be considered non-responsive. Bidders shall list the total % of Work to be performed by the Prime Contractor HERE:% (shall not be less than 15%). Contractor's Percent License of Total Work to be Performed Number Contract Subcontractors Name & Address/ > 1. A� ae3`f0� i�l� & pyl y c o 111C& lyeip �/et-v 2. 3. 4. 5. LIST OF SUBCONTRACTORS BID FORMS LOCAL BUSINESS PREFERENCE PROGRAM - GOOD FAITH EFFORTS CP#14-08 Bid Opening Date : Monday, July 7, 2014 The contract for this project is subject to the provisions of Palm Springs Ordinance No. 1756, and Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference Program", subsection (5) "Local Preference in Public Works Contracts (Sub-Contracting)", which states: 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. The prime contractor shall submit evidence of such good faith efforts at the time of submission of bids. Good faith efforts may be evaluated by placing advertisements inviting proposals in local newspapers, sending request for proposals to local sub-contractors, or by demonstrating that no local sub-contracts are qualified to perform the work or supply the materials or equipment. Any notice inviting bids which may require the use of sub-contractors shall include notification of this subsection. The City Council or Director may reject as non-responsive the bid of any contractor proposing to use sub-contractors that fail to comply with the requirements of this subsection. Bidders shall provide sufficient information to demonstrate that they have made good faith efforts to comply with Palm Springs Ordinance No. 1756. In the event no local firm (as defined in Ordinance No. 1756) is listed as a subcontractor on the "List of Subcontractors" submitted with its Bid, Bidders shall identify local subcontractors not required to be identified on the List of Subcontractors, and/or shall identify local firms with whom the Bidder has solicited to furnish materials and supplies for incorporation into the work of this project. Local Subcontractors not listed on the List of Subcontractors: Local firms that will furnish materials or supple s to the Bidder for this project: ag LOCAL BUSINESS PREFERENCE PROGRAM GOOD FAITH EFFORTS BID FORMS LOCAL BUSINESS PREFERENCE PROGRAM - GOOD FAITH EFFORTS (CONTINUED) In the event no local firms (as defined in Ordinance No. 1756) will provide services, or furnish materials and supplies to the Bidder for this project, the Bidder shall provide information sufficient to demonstrate its good faith efforts to retain or hire local firms to (a) provide services and (b) to furnish materials and supplies for this project. Examples of information accepted by the City to demonstrate good faith efforts shall be included below: A. The names and dates of each publication in which a request for participation by local firms for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement �Alj' w,kG Us c /4-�/ I-& iO, B. The names and dates of written notices sent to local firms soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the local firms were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of Date of Follow Up Methods firms Initial and Dates Solicited Solicitation LOCAL BUSINESS PREFERENCE PROGRAM GOOD FAITH EFFORTS BID FORMS C. The items of work which the bidder made available to local firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate participation by local firms. Items of Work Bidder Breakdown of Items Amount Percentage Normally ($) Of Performs Item Contract (Y/N) Wr. uU i t US � f}-lil o G � L S D. The names, addresses and phone numbers of rejected local firms, the reasons for the bidder's rejection of the local firms, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each firm if the selected firm is not a local firm: Names, addresses and phone numbers of rejected local firms and the reasons for the bidder's rejection of the local firms: Names, addresses and phone numbers of firms selected for the work above: NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. LOCAL BUSINESS PREFERENCE PROGRAM GOOD FAITH EFFORTS BID FORMS NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of �i ✓e, c>/c ) I, s being first duty sworn, deposes and says that he or she is ofbrn-if Adz9-i��j -/Z and, /'VC the party mal ing the fo egoing 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 Ole,)e-i vL By Title 1 &ES Organization G Address -7 Je NON-COLLUSION AFFIDAVIT BID FORMS ALL-PURPOSE ACKNOWLEDGMENT State of aZ County of r D —� / OnVi .4Z 7,,,0 before me, /rrrr S//�t �n N07ctr✓ Date / — / / Na mo T e of Office personally appeared 17 181—J'AIrl l S NAME(S)OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person( whose name( ) is/are subscribed to the within instrument and acknowledged to me that he/she/fhey executed the same in his/herMeir authorized capacity(ies), and that by hislherftheir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. ����1l�� TERRI S.# SON 194 Commission 1998928 a Notary Public-California Signature of No Riverside County Comm. E iras Se 2 OIS ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Named Above NON-COLLUSION AFFIDAVIT BID FORMS BID BOND KNOW ALL MEN BY THESE PRESENTS, That as Principal, and as Surety, are held and firmly bound unto the City of Palm Springs, hereinafter called the"City" in the sum of: dollars (not less than 10 percent of the total amount of the bid) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a Bid to said City to perform the Work required under the Bid Schedule(s) of the City's Contract Documents entitled: PALM SPRINGS SWIM CNETER POOL DECK REPLACEMENT, CP #14-08 NOW THEREFORE, if said Principal is awarded a Contract by said City, and within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a written Agreement on the Form of Agreement bound with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this Bond by said City, and City prevails, said Surety shall pay all costs incurred by said City in such suit, including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED, this day of 2014. PRINCIPAL: (Check one: individual, arinership, _corporation) (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). By SURETY: Signature(NOTARIZED) Print Name and Title: By Signature(NOTARIZED) By Print Name and Title Signature(NOTARIZED) Print Name and Title: BID BOND(BID SECURITY FORM) BID FORMS BIDDER'S GENERAL INFORMATION The Bidder shall fumish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'$$ Name and Street Addre : D eser t tZtrnl 6e,4 Gor/s 75-40 el PkSea Pay- M �rctiT CA, 94�Ja 2. CONTRACTOR'S Telephone Number: ( 7ik) 83l W3 Facsimile Number: ( 7100) _279— soB y 3. CONTRACTOR'S License: Primary Classification !T 4- O State License Number(s) 496 ra fY Supplemental License Classifications C— 3� 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety &RdLee41 Address Surety Company Telephone Numbers: Agent ( Surety ( ) 5. Type of Firm (Individual, Partnership r Corporation 6. Corporation organized under the laws of the State of: CAj /CDR t`k 7. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the co oration or firm: Gt u L I/2pf s S� i—,eeg_s BIDDER'S GENERAL INFORMATION BID FORMS BIDDER'S GENERAL INFORMATION (Continued) 8. Number of years experience as a contractor in this specific type of construction work: 35" ye-a9s 9. List at least three related projects completed to date: a. Owner Address GV Contact V Class of Work Phone Contract Amount Zoe Project Ou >,C Date Completed / Contact Person Telephone number b. Owner 4gel Address 519-Ye 6B�Lr°w Contact Class of Work Z A.ti 69` Phone Contract Amount �56wo r Project Poo ee Date Completed O/� Contact Person Telephone number C. Owner G, Address Contact Class of Work Phone 690VContract Amount I8 Oo6: Project L Date Completed Zix Contact Person Telephone number 10. List the name and t' Ie of the person who will supervise full-time the proposed work / for your firm: �D P!['� o 'o'/i S 11. Is full-time supervisor an employee contract services 0 ? 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 City. BIDDER'S GENERAL INFORMATION BID FORMS AGREEMENT THIS AGREEMENT made this day of in the year 2014, 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 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: PALM SPRINGS SWIM CENTER POOL DECK REPLACEMENT, CP#14-08 The Work is generally described as follows: Removal and replacement of approximately 13,159 sq. ft. of concrete pool decking including, deck preparation, related concrete edging and drainage systems as described in the Plans and Specifications. Project also includes the abatement and proper disposal of 570 lineal feet of 6" asbestos containing drainage piping. ARTICLE 2 --COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specked 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 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 $ 2,500 for each calendar day that expires after the time specified in Article 2, herein. ARTICLE 3 -- CONTRACT PRICE AGREEMENT FORM AGREEMENT AND BONDS 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 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, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers to , 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. ARTICLE 5 — PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by 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 and the Special Provisions will have the meanings indicated in said Standard Specifications and the 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 a sought to be bound; and specifically, but without limitation, monies party 9 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. AGREEMENT FORM AGREEMENT AND BONDS ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk APPROVED AS TO FORM: By City Attorney Date CONTENTS APPROVED: By City Manager Date APPROVED BY THE CITY COUNCIL: Date Agreement No. Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. AGREEMENTFORM AGREEMENT AND BONDS QfeR I � // Check one: _Partnership Corporation CONTRACTOR: Name: p !tR/+ G(CsWJ�� Address: 73 79 0 E I aSEo PAL- wi 0esctT-cA •YI-A4W By: By: Signature(notarized) Signature(notarized) Name: Name: Title: Title: (This Agreement must be signed in the above This Agreement must be signed in the above space by one of the following: Chairman of the space by one of the following: Secretary, Chief Board, President or any Vice President) Financial Officer or any Assistant Treasurer) State of Fl State of 13 County of Fls s County of Fls s On On before me, before me, personally appeared personally appeared who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) evidence to be the person(s)whose name(s) is/are is/are subscribed to the within instrument and subscribed to the within instrument and acknowledged to me that he/she/they executed acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), the same in his/herttheir authorized capacity(ies), and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon instrument the person(s), or the entity upon behalf behalf of which the person(s)acted, executed the of which the person(s) acted, executed the instrument. instrument. I certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing laws of the State of California that the foregoing paragraph is true and correct. paragraph is true and correct. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal: Notary Seal: AGREEMENTFORM AGREEMENT AND BONDS WORKER'S COMPENSATION CERTIFICATE (AS REQUIRED BY SECTION 1861 OF THE CALIFORNIA LABOR CODE) I am aware of the provisions of Section 3700 of the California 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 of said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract. Contractor G Rqo&d IIS 'tl iei ��. By ,"/Fdi Title WORKER'S COMPENSATION CERTIFICATE AGREEMENT AND BONDS PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That as Contractor, And as Surety, are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the County of Riverside, State of California, hereinafter called the "City," in the sum of: dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, 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: PALM SPRINGS SWIM CENTER POOL DECK REPLACEMENT, CP# 14-08 NOW THEREFORE, if said Contractor, its subcontractors, 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 performance of the Work contracted to be 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 employees 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 3247-3252, inclusive, of the Civil Code of the State of California and acts amendatory thereof, and Sections of other Codes 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, or power used in, upon, for, or about performance of the Work contracted to be executed or performed, 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 performs work or labor upon the same, or any person who supplies both work and materials therefore, shall have complied with the provisions of said laws, then said surety will pay the same in an amount not exceeding the sum hereinbefore set forth, and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee as shall be fixed by the Court. This Bond shall inure to the benefit of any and all persons named in Section 3181 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 the 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 BONDS AGREEMENT AND BONDS 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 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 day of 201_. CONTRACTOR: (Check one:_individual,_partnership, _corporation) (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). By Signature(NOTARIZED) Print Name and Title: By Signature(NOTARIZED) Print Name and Title: SURETY By Title (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) BONDS AGREEMENT AND BONDS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That as Contractor, and as Surety, are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the County of Riverside, California, hereinafter called the "City," in the sum of: dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS 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: PALM SPRINGS SWIM CENTER POOL DECK REPLACEMENT, CP #14-08 NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract Documents required to be performed on its part, at the times and in the manner specified herein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the 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 said 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 such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED, this day of 201_ CONTRACTOR: Check one: individual, _partnership, _corporation (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). By signature (NOTARIZED) BONDS AGREEMENT AND BONDS Print Name and Title: By signature (NOTARIZED) Print Name and Title: SURETY: By signature (NOTARIZED) Print Name and Title: BONDS AGREEMENT AND BONDS Check a License - License Detail - Contractors State License Board Page 1 of 2 DEPARTMENT OF CONSUMER AFFAIRS Contractors State License Board Contractor's License Detail - License # 866111 DISCLAIMER:A license status check provides information taken from the CSLB license database. Before relying on this information,you should be aware of the following limitations. CSLB complaint disclosure is restricted by law(B&P 7124.61 If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17,only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. ->> Due to workload,there maybe relevant information that has not yet been entered onto the Board's license database. License Number 866111 Extract Data 7/7/2014 DESERT RANGER CONSTRUCTION INC Business Information Business Phone Number: (805)302-7988 44489 TOWN CENTER WAY#D PALM DESERT,CA 92260 Entit_y___ Issue Date 1 011 9/2 0 0 5 10/31/2015 ACTIVE License Status This license is current and active.All information below should be reviewed. CLASS DESCRIPTION B GENERAL BUILDING CONTRACTOR - —...... .................... .........- Classifications A GENERAL ENGINEERING CONTRACTOR _ C10 ELECTRICAL ______ —� C36 PLUMBING Bonding CONTRACTOR'S BOND This license filed a Contractor's Bond with FINANCIAL PACIFIC INSURANCE COMPANY. Bond Number: 911874 Bond Amount:$12,500 Effective Date: 11/17/2012 Contractor's Bond History BOND OF QUALIFYING INDIVIDUAL 1. https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum--866... 7/7/2014 Check a License- License Detail - Contractors State License Board Page 2 of 2 The Responsible Managing Officer(RMO) EVANS PAUL EDWARD certified that he/she owns 10 percent or more of the voting stock/equity of the corporation.A bond of qualifying individual is not required. Effective Date: 1 012 6/2 0 1 2 BQI's Band History WORKERS'COMPENSATION This license has workers compensation insurance with STATE COMPENSATION INSURANCE FUND Workers'Compensation Policy Number:9102195-14 Effective Date: 0 610 7/2 01 4 Expire Date:06/07/2015 Workers'Comoensation History Personnel listed on this license(current or disassociated)are listed on other licenses. Personnel List Other Licenses Conditions of Use I Privacy Policy Copyright©2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.aspx?LicNum=866... 7/7/2014 CITY OF PALM SPRINGS, CALIFORNIA PROCUREMENT & CONTRACTING DEPARTMENT NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND SPECIAL PROVISIONS FOR CONSTRUCTION OF THE: PALM SPRINGS SWIM CENTER POOL DECK REPLACEMENT CP# 14-08 IN THE CITY OF PALM SPRINGS June 2014 OF PALM S A� U N t M1�4104I.1t0��' ; CraigL.Gladders, C.P.M., Procurement& Contracting Manager Bids Open: July 7, 2014, 3:00pm Local Time Dated: June 4, 2014 Palm Spnngs Seem Center Pool Deck Replacement OP#14.08 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 Local Business Preference Program Good Faith Efforts 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 - Terms, Definitions, Abbreviations, and Symbols Section 2 - Scope and Control of Work Section 3 - Changes in Work Section 4 - Control of Materials Section 5 - Utilities Section 6 - Prosecution, Progress, and Acceptance of the Work Section 7 - Responsibilities of the Contractor Section 8 - Facilities for Agency Personnel Section 9 - Measurement and Payment Section 10 - Construction Details PART III —APPENDICES Appendix "A" Plans and Specifications— Drawings Asbestos Abatement"Procedure 5" Work Plan SPECIAL PROVISIONS TABLE OF CONTENTS CITY OF PALM SPRINGS PROCUREMENT & CONTRACTING DEPARTMENT PART I - BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS PALM SPRINGS SWIM CENTER POOL DECK REPLACEMENT , CP# 14-08 Notice Inviting Bids Instructions to Bidders Bid Forms Bid (Proposal) Bid Schedule List of Subcontractors Local Funds Only Local Business Preference Program Good Faith Efforts Non-Collusion Affidavit Bidder's General Information Bid Bond (Bid Security Form) Agreement and Bonds Agreement Form Worker's Compensation Certificate Performance Bond Payment Bond Certificate of Insurance PART I-SPECIAL PROVISIONS GENERAL CONTENTS CITY OF PALM SPRINGS, CA NOTICE INVITING BIDS PALM SPRINGS SWIM CENTER POOL DECK REPLACEMENT, CP#14-08 N-1 NOTICE IS HEREBY GIVEN that sealed bids for the Palm Springs Swim Center Pool Deck Replacement project will be received at the office of the Procurement and Contracting Manager of the City of Palm Springs, California, until 3:00 P.M. on MONDAY, JULY 7, 2014 at which time they will be opened and read aloud. N-2 DESCRIPTION OF THE WORK: The Work generally comprises the removal and replacement of approximately 13,159 sq. ft. concrete pool deck, removal and replacement of approximately 570 LF of 8° concrete edge band, removal and replacement of approximately 570 LF of 6° concrete asbestos containing drain pipe, removal and replacement of 6 area drains and application of deck coatings. It should be noted that the drain piping is asbestos containing concrete and as such will require the successful contractor to employee the services of a properly licensed asbestos abatement subcontractor for the abatement and proper disposal. An Abatement Work Plan CProcedure 5') has been independently prepared for use of the abatement subcontractor— they will be required to process thru AQMD. The pre-bid construction estimate for this project is $300,000. Bidders are strongly advised to inspect the site before submitting a bid. 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 90 calendar days from the date of bid opening. N-6 CONTRACTOR'S LICENSE CLASSIFICATION: The Contractor shall possess a valid Class A or B-1 Contractor license at the time of submitting bids and shall act as the General Contractor, sub-contracting with other licensed trade contractors as required to complete the project. N-7 PREVAILING WAGE RATES NOT APPLICABLE: Funding for the Work is with all local funds and, as provided under City Charter, will NOT require compliance with the prevailing wage requirements of the State of California. NOTICE INVITING BIDS PAGE 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 depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code. N-9 PRE-BID WALK-THROUGH (Strongly Suggested): Prospective bidders are strongly advised to attend the pre-bid walk-through of the project site to acquaint potential bidders with the project and existing site conditions that may affect the work. The meeting will be held on Wednesday, June 18, 2014, at 8:00 AM local time at the Palm Springs Swim Center, 405 S. Pavilion Way, Palm Springs, CA 92262. Bidders must examine and judge for themselves the location, surroundings, physical condition, and nature of any work to be done. Submission of a bid shall be construed as conclusive evidence that the bidder has made such an examination. N-10 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: (a) Contract Documents may be inspected without charge at the office of the Procurement and Contracting Manager, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. (b) Plans, Specifications & Contract Documents shall be provided via electronic link for download to those Contractors that register with the City as a Bidder(Plan Holder) per the instructions below. Contractors that download the bid documents shall be required to create printed copies at their own expense. No refunds will be made for the printing of Contract Documents by interested bidders. (c) Obtaining Bid Documents and registration as a Bidder (Plan Holder): If you are interested in submitting a bid, Bidders shall contact Cheryl Martin, Procurement Specialist I, by email at Cheryl.Martin(a_palmsprincisca.00v or by phone at (760) 322-8373, to officially register as a Bidder for this project with your company name, address, phone, fax, contact person and e-mail address. Bidders must be registered as a Plan Holder with the City to obtain the Bid Documents and to ensure receipt of any addenda issued; failure to register may result in failure to receive addenda and may be cause to find a Bid non-responsive. (d) Bidders shall obtain Bid Documents from the City of Palm Springs. The Bid Forms found in the original Bid Documents shall be printed out and used to submit a bid. (e) All questions about the meaning or intent of the Bid Documents are to be directed to in writing ONLY to: Allen Smoot, Special Projects Coordinator, by fax to (760) 322- 8360, or by e-mail to Allen.Smoot( palmspringsca.gov Questions must be submitted by 3:00 PM, WEDNESDAY , JUNE 25, 2014. N-11 LOCAL BUSINESS PROMOTION — In accordance with the provisions of Palm Springs Ordinance No. 1756, and Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference Program", subsection (5) "Local Preference in Public Works Contracts (Sub-Contracting)", 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. NOTICE INVITING BIDS PAGE N-12 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 Procurement & Contracting Manager 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 By Craig L. Gladders, C.P.M. Procurement& Contracting Manager NOTICE INVITING BIDS PAGE3 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 "City's Project Representative" 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 Procurement & Contracting Manager 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 City in the preparation of the Contract Documents (if applicable). 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 (if applicable). 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 INSTRUCTIONS TO BIDDERS-PAGE 1 utilities at or contiguous to the site is based upon information and data furnished to the City 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. (e) 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 applicable). (f) 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, if applicable) 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 (if applicable). (h) The lands upon which the Work is to be performed, the rights-of-way and easements for access thereto, and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents (if applicable). 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 Procurement & Contracting Manager. Interpretations or clarifications considered necessary by the Procurement & Contracting Manager, in consultation with the City's Project Representative and Engineer in response to such questions will be resolved by the issuance of Addenda mailed or delivered to all parties recorded by the Procurement & Contracting Manager or the City as having received the Contract Documents. Questions received after June 25, 2014 at 3:00pm 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. INSTRUCTIONS TO BIDDERS-PAGE 2 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, and Payment and Performance Bonds. Each of said bonds and insurance certificates shall be 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 5100 et seq. of the California Public Contract Code. In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or(b), as follows: (a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount as the entry in the item total column, then the INSTRUCTIONS TO BIDDERS-PAGE 3 amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price; (b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly Y off b a factor of ten one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage-wise the unit price or item total in the City of Palm Springs's Final Estimate of cost. 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 — * THIS SECTION DOES NOT APPLY AS THIS IS A LUMP SUM CONTRACT. (a) The quantities of ork oF mate.'al stater) iRnit n items of the Bid aFe supplied enly te give an invocation of the general s ne of the WeFki the Gita `loon no expFessly OF by iffipliGatien agFee that the aa+ ,al arnnt of %vo* ateoal ..ill end theYa..dth (b) In the event of a innFease r deerease in a bid item quantity of a nit PFiGe GE)Rtpaist, the total GIFFIGHAt Of WE)Fk aGtually dene eF materials or equipment f,imished shall he paid for a OFding to the , nt n established f . � i vices s e or such .,erL under the GORtra nt Documents; n yde.t that a nit n nntragtn_ of MOM than 25 n en+ vppPl l lG...v, rn n i as a innYnnn en ern deereases of mom than OG n ant anvt elim'nate.t''kems shall he aElJ nted as provided in 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 City is set forth in Section 4 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 INSTRUCTIONS TO BIDDERS-PAGE 4 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 10 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. - END OF INSTRUCTIONS TO BIDDERS- INSTRUCTIONS TO BIDDERS-PAGE 5 BID DOCUMENTS Only the following listed documents, identified in the lower right corner as "Bid Forms" shall be fully executed and submitted with the Bid at the time of opening of Bids. Bid (Proposal) Bid Schedule(s) List of Subcontractors Local Business Preference Program Good Faith Efforts 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. Palm Springs Swim Center Pool Deck Replacement,CP#14-08 COVER SHEET BID FORMS 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: PALM SPRINGS SWIM CENTER POOL DECK REPLACEMENT, CP#14-08 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 be 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 1860, et 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 Palm Springs Swim Center Pool Deck Replacement,CP#1408 Bid Signature Form Bid Forms Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefore the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). Dated: Bidder: By: (Signature) Title: Palm Springs Swim Center Pool Deck Replacement,CPk74-08 Bid Signature Form Bid Forms BID SCHEDULE Lump Sum Price for PALM SPRINGS SWIM CENTER POOL DECK REPLACEMENT, CP# 14-08 In Palm Springs, California Item Description 1) Remove and replace approximately 13,159 sq. ft. of concrete pool decking along with related concrete edging and drainage system at the Palm Springs Swim Center as outlined in the Plans and Specifications. Contractor hereby submits the following pricing for the above referenced project: FOR A TOTAL LUMP SUM BID PRICE OF: (Price in figures) (Price in words) Name of Bidder LUMP SUM BID SCHEDULE BID FORMS 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, Contractor's License number 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. Special Note: The Prime Contractor shall perform not less than 15% of the Work identified in this Bid. In the event a Bidder lists subcontractors who will perform Work under this Bid in excess of 15% of the Work identified in this Bid, the Bid shall be considered non-responsive. Bidders shall list the total % of Work to be performed by the Prime Contractor HERE: % (shall not be less than 15%). Contractor's Percent License of Total Work to be Performed Number Contract Subcontractor's Name &Address 1. 2. 3. 4. 5. LIST OF SUBCONTRACTORS BID FORMS LOCAL BUSINESS PREFERENCE PROGRAM - GOOD FAITH EFFORTS CP #14-08 Bid Opening Date : Monday, July 7, 2014 The contract for this project is subject to the provisions of Palm Springs Ordinance No. 1756, and Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference Program", subsection (5) "Local Preference in Public Works Contracts (Sub-Contracting)", which states: 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. The prime contractor shall submit evidence of such good faith efforts at the time of submission of bids. Good faith efforts may be evaluated by placing advertisements inviting proposals in local newspapers, sending request for proposals to local sub-contractors, or by demonstrating that no local sub-contracts are qualified to perform the work or supply the materials or equipment. Any notice inviting bids which may require the use of sub-contractors shall include notification of this subsection. The City Council or Director may reject as non-responsive the bid of any contractor proposing to use sub-contractors that fail to comply with the requirements of this subsection. Bidders shall provide sufficient information to demonstrate that they have made good faith efforts to comply with Palm Springs Ordinance No. 1756. In the event no local firm (as defined in Ordinance No. 1756) is listed as a subcontractor on the "List of Subcontractors" submitted with its Bid, Bidders shall identify local subcontractors not required to be identified on the List of Subcontractors, and/or shall identify local firms with whom the Bidder has solicited to furnish materials and supplies for incorporation into the work of this project. Local Subcontractors not listed on the List of Subcontractors: Local firms that will furnish materials or supplies to the Bidder for this project: LOCAL BUSINESS PREFERENCE PROGRAM GOOD FAITH EFFORTS BID FORMS LOCAL BUSINESS PREFERENCE PROGRAM - GOOD FAITH EFFORTS (CONTINUED) In the event no local firms (as defined in Ordinance No. 1756) will provide services, or furnish materials and supplies to the Bidder for this project, the Bidder shall provide information sufficient to demonstrate its good faith efforts to retain or hire local firms to (a) provide services and (b) to furnish materials and supplies for this project. Examples of information accepted by the City to demonstrate good faith efforts shall be included below: A. The names and dates of each publication in which a request for participation by local firms for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement B. The names and dates of written notices sent to local firms soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the local firms were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of Date of Follow Up Methods firms Initial and Dates Solicited Solicitation LOCAL BUSINESS PREFERENCE PROGRAM GOOD FAITH EFFORTS BID FORMS C. The items of work which the bidder made available to local firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate participation by local firms. Items of Work Bidder Breakdown of Items Amount Percentage Normally M Of Performs Item Contract (Y/N) D. The names, addresses and phone numbers of rejected local firms, the reasons for the bidder's rejection of the local firms, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each firm if the selected firm is not a local firm: Names, addresses and phone numbers of rejected local firms and the reasons for the bidder's rejection of the local firms: Names, addresses and phone numbers of firms selected for the work above: NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. LOCAL BUSINESS PREFERENCE PROGRAM GOOD FAITH EFFORTS BID FORMS NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of ) I, , being first duly sworn, deposes and says that he or she is of the parry 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 By Title Organization Address NON-COLLUSION AFFIDAVIT BID FORMS ALL-PURPOSE ACKNOWLEDGMENT State of County of On before me, , Date Name,Title of Officer personally appeared NAME(S)OF SIGNER(S) who 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seaL Signature of Notary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages_DATE of DOCUMENT DESCRIBED AT RIGHT: Signers)Other Than Named Above NON-COLLUSION AFFIDAVIT BID FORMS BID BOND KNOW ALL MEN BY THESE PRESENTS, That as Principal, and as Surety, are held and firmly bound unto the City of Palm Springs, hereinafter called the"City" in the sum of: dollars (not less than 10 percent of the total amount of the bid) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a Bid to said City to perform the Work required under the Bid Schedule(s) of the City's Contract Documents entitled: PALM SPRINGS SWIM CNETER POOL DECK REPLACEMENT, CP#14-08 NOW THEREFORE, if said Principal is awarded a Contract by said City, and within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a written Agreement on the Form of Agreement bound with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this Bond by said City, and City prevails, said Surety shall pay all costs incurred by said City in such suit, including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED, this day of 2014. PRINCIPAL: (Check one: individual,_partnership, _corporation) (Corporations require two signatures;one from each of the following groups:A.Chainnan of Board,President,or any Vim President;AND B. Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). By SURETY: Signature(NOTARIZED) Print Name and Title: By Signature(NOTARIZED) By Print Name and Title Signature(NOTARIZED) Print Name and Title: BID BOND(BID SECURITY FORM) BID FORMS 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: 2. CONTRACTOR'S Telephone Number: ( ) Facsimile Number: ( ) 3. CONTRACTOR'S License: Primary Classification State License Number(s) Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety Address Surety Company Telephone Numbers: Agent( ) Surety( ) 5. Type of Firm (Individual, Partnership or Corporation): 6. Corporation organized under the laws of the State of: 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: BIDDER'S GENERAL INFORMATION BID FORMS 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: a. Owner Address Contact Class of Work Phone Contract Amount Project Date Completed Contact Person Telephone number b. Owner Address Contact Class of Work Phone Contract Amount Project Date Completed Contact Person Telephone number C. Owner Address Contact Class of Work Phone Contract Amount Project Date Completed Contact Person Telephone number 10. List the name and title of the person who will supervise full-time the proposed work for your firm: 11. Is full-time supervisor an employee contract services 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 City. BIDDER'S GENERAL INFORMATION BID FORMS AGREEMENT THIS AGREEMENT made this day of in the year 2014, 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 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: PALM SPRINGS SWIM CENTER POOL DECK REPLACEMENT, CP #14-08 The Work is generally described as follows: Removal and replacement of approximately 13,159 sq. ft. of concrete pool decking including, deck preparation, related concrete edging and drainage systems as described in the Plans and Specifications. Project also includes the abatement and proper disposal of 570 lineal feet of 6" asbestos containing drainage piping. 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 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 $ 22,500 for each calendar day that expires after the time specified in Article 2, herein. ARTICLE 3-- CONTRACT PRICE AGREEMENTFORM AGREEMENT AND BONDS 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 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, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers to , 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. ARTICLE 5 -- PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by 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 and the Special Provisions will have the meanings indicated in said Standard Specifications and the 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. AGREEMENT FORM AGREEMENT AND BONDS ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk APPROVED AS TO FORM: By City Attorney Date CONTENTS APPROVED: BY City Manager Date APPROVED BY THE CITY COUNCIL: Date Agreement No. Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. AGREEMENTFORM AGREEMENT AND BONDS CONTRACTOR: Name: Check one:_Individual_Partnership _Corporation Address: By: By: Signature(notarized) Signature(notarized) Name: Name: Title: Title: (This Agreement must be signed in the above This Agreement must be signed in the above space by one of the following: Chairman of the space by one of the following: Secretary, Chief Board, President or any Vice President) Financial Officer or any Assistant Treasurer) State of ❑ State of ❑ County of Os County of ❑ss On On before me, before me, personally appeared personally appeared who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) evidence to be the person(s)whose name(s)is/are is/are subscribed to the within instrument and subscribed to the within instrument and acknowledged to me that he/she/they executed acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon instrument the person(s), or the entity upon behalf behalf of which the person(s)acted, executed the of which the person(s) acted, executed the instrument. instrument. I certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing laws of the State of California that the foregoing paragraph is true and correct. paragraph is true and correct. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal: Notary Seal: AGREEMENT FORM AGREEMENT AND BONDS WORKER'S COMPENSATION CERTIFICATE (AS REQUIRED BY SECTION 1861 OF THE CALIFORNIA LABOR CODE) I am aware of the provisions of Section 3700 of the California 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 of said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract. Contractor By Title WORKER'S COMPENSATION CERTIFICATE AGREEMENT AND BONDS PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That as Contractor, And as Surety, are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the County of Riverside, State of California, hereinafter called the "City," in the sum of: dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, 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: PALM SPRINGS SWIM CENTER POOL DECK REPLACEMENT, CP# 14-08 NOW THEREFORE, if said Contractor, its subcontractors, 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 performance of the Work contracted to be 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 employees 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 3247-3252, inclusive, of the Civil Code of the State of California and acts amendatory thereof, and Sections of other Codes 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, or power used in, upon, for, or about performance of the Work contracted to be executed or performed, 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 performs work or labor upon the same, or any person who supplies both work and materials therefore, shall have complied with the provisions of said laws, then said surety will pay the same in an amount not exceeding the sum hereinbefore set forth, and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee as shall be fixed by the Court. This Bond shall inure to the benefit of any and all persons named in Section 3181 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 the 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 BONDS AGREEMENT AND BONDS 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 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 day of 201. CONTRACTOR: (Check one: individual,partnership, corporation) (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). By Signature(NOTARIZED) Print Name and Title: By Signature(NOTARIZED) Print Name and Title: SURETY By Title (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) BONDS AGREEMENT AND BONDS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That as Contractor, and as Surety, are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the County of Riverside, California, hereinafter called the"City," in the sum of: dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS 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: PALM SPRINGS SWIM CENTER POOL DECK REPLACEMENT, CP#14-08 NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract Documents required to be performed on its part, at the times and in the manner specified herein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the 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 said 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 such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED, this _day of 201_. CONTRACTOR: Check one: individual, partnership, _corporation (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). By signature (NOTARIZED) BONDS AGREEMENT AND BONDS Print Name and Title: By signature (NOTARIZED) Print Name and Title: SURETY: By signature (NOTARIZED) Print Name and Title: BONDS AGREEMENT AND BONDS CERTIFICATE OF INSURANCE THIS CERTIFICATE ISSUED TO THE OWNERIAGENTS LISTED BELOW DESIGNATED BY THE CONTRACT WITH THE INSURED NAME AND ADDRESS OF INSURED INSURANCE COMPANIES AFFORDING COVERAGE COMPANY A B C D TYPE OF WORK PERFORMED AND LOCATION LIMITS OF LIABILITY IN THOUSANDS(x1000) TYPE OF INSURANCE POLICY NUMBER EACH OCCURRENCE AGGREGATE COMPREHENSIVE GENERAL LIABILITY Including: ❑ E%PLONONANDCOLIFPSE BODILY INIURY $ $ ❑ UNDERGHWNDDAMAGE PROPERTY DAMAGE $ $ ❑ PROWCTS'COMPLETEO OPERATIONS p ❑ CONTRACTUAL INSURANCE ❑ BROAD FORM PROPERTY DAMAGE BODILY I WURY AND ❑ INDEPENDENT CONTRACTORS PROPERTY $ $ OAM4GE COMBINED ' ❑ FERSON4LIWURY I PERSONALIWURY S COMPREHENSIVE AUTOMOBILE BODILY INJURY LIABILITY EACHPERSON $ Including: FAOHACCIDENT ❑ OWNFD PROPERTY DAMAGE S ❑ HIRED ❑ NON-0WNED WDILYINIURY ❑ MOTORCARRIERACT PERT' DAMMAGEAGE C COOMBINED $ EXCESS LIABILITY BODILY INJURY Including: ANDPROPERTY DAMAGE COMBINED $ ❑ EMPLOYER'S LWBUTY WORKERS COMPENSATION STATUIDRY and EMPLOYER'S LIABILITY Including: EL $ (EACH ACCIDENT) ❑ LORS AND HARBOR WORKERS WORKERKERS OTHER ADDITIONAL INSURED ENDORSEMENT-CITY OF PALM SPRINGS The undersigned cerVfies that he or she Is the representative of the abovenamed insurance companies,that he or she has the authority to execute and issue this certificate to Certificate Holder,and accordingly,does hereby certify an behalf of said insurance companies that policies of insurance listed above have been Issued to the Insured namedabove and are inform atthis time. Notwithstanding any requirement,term.or candition of any contract or other document will respect to which this certficate may be issued or may pertain,the insurance afforded by the policies described herein is subject to at the terms,exclusions,and mndibons of such policies. Copies of the policies shown will be furnished to the Certificate Holder upon request This Certificate does not amend extend,or alter the coverage afforded by the policies listed. Cancellation:Should any of the above described policies be cancelled before the expiration date thereof,the issuing company will mail W days written notice to the belaw- named certificate holder: NAME AND ADDRESS OF ADDITIONAL INSURED DATE ISSUED BY CERTIFICATE OF INSURANCE AGREEMENT AND BONDS CITY OF PALM SPRINGS, CA PROCUREMENT & CONTRACTING DEPARTMENT PART II -- SPECIAL PROVISIONS PALM SPRINGS SWIM CENTER POOL DECK REPLACEMENT, CP #14-08 Section 1 - Terms, Definitions, Abbreviations, and Symbols Section 2 - Scope and Control of Work Section 3 - Changes in Work Section 4 - Control of Materials Section 5 - Utilities Section 6 - Prosecution, Progress, and Acceptance of the Work Section 7 - Responsibilities of the Contractor Section 8 - Facilities for Agency Personnel Section 9 - Measurement and Payment Section 10 - Construction Details Palm Springs Swim center Pool Deck Replacement PART II--SPECIAL PROVISIONS CP#14.08 GENERAL CONTENTS-PAGE 1 CITY OF PALM SPRINGS PROCUREMENT & CONTRACTING DEPARTMENT SPECIAL PROVISIONS PALM SPRINGS SWIM CENTER POOL DECK REPLACEMENT, CP# 14-08 SECTION 1 —TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 GENERAL 1-1.1 Standard Specifications. - The Work hereunder shall be done in accordance with the Standard Specifications for Public Works Construction ("Green book"), 2012 Edition (if applicable), including all current supplements, addenda, and revisions thereof, these Special Provisions, the architect's specifications and the Standard Plans identified in the Appendix, insofar as the same may apply to, and be in accordance with, the following Special Provisions. In case of conflict between the Standard Specifications for Public Works Construction ("Greenbook") 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 Caltrans Standard Specifications (if applicable), such work shall conform to the referenced portions of the technical provisions only of said reference specifications, provided, that wherever the term "Standard Specifications" is used without the prefix "Caltrans," it shall mean the Standard Specifications for Public Works Construction ("Greenbook"), 2012 Edition, as previously specified in the above paragraph. 1-2 LEGAL ADDRESS 1-2.1 Legal Address of the City. - The official address of the City shall be City of Palm Springs, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, or such other address as the City may subsequently designate in written notice to the Contractor. 1-2.2 Legal Address of the Engineer - The official address of the project engineer for this project is MSA Consulting, Inc., 34200 Bob Hope Drive, Rancho Mirage, Ca. 92270 or such other address as the City may subsequently designate in writing to the Contractor. 1-2.3 Legal address of the City's Project Representative. - The name and address of the City's designated Project Representative shall be the Special Projects Coordinator, Allen Smoot, Office of the City Manager, 3200 E. Tahquitz Canyon Way, Palm Springs Swim Center Pool Deck Replacement TERMS,DEFINITIONS,ABBREVIATIONS,AND SYMBOLS CP#14.08 SPECIAL PROVISIONS-SECTION 1 -PAGE 1 Palm Springs, California 92262, or such other address as the Project Representative may subsequently designate in writing to the Contractor. 1-3 DEFINITIONS AND TERMS 1-3.1 Definitions and Terms. - Wherever in the Standard Specifications the following terms are used, the definitions shall be amended to read: Agency - The City of Palm Springs, a charter city organized and existing in the County of Riverside, State of California. Engineer - The individual, partnership, firm, or corporation duly authorized by the Owner to be responsible for inspection of the contract work and acting directly or through an authorized representative. Liquidated Damages - The amount prescribed in the Special Provisions, pursuant to the authority of Government Code Section 53069.85, to be paid to the City 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. Standard Plans-The Standard Drawings and the Special Drawings of the City of Palm Springs. Owner-The Owner shall be the Agency,as defined above. 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 Years Day(January 1) Martin Luther King Jr. Day(Third Monday in January) 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 Christmas Eve Day(December 24) Christmas Day(December 25) When a designated holiday falls on 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 City, 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. - END OF SECTION - Palm Springs Swim Center Pool Deck Replacement TERMS, DEFINITIONS,ABBREVIATIONS,AND SYMBOLS CP#14-08 SPECIAL PROVISIONS-SECTION 1 -PAGE 2 SECTION 2 -- SCOPE AND CONTROL OF WORK 2-1 GENERAL Particular attention is directed to the provisions of Section 6-1, "Construction Schedule and Commencement of Work," Section 6-7, "Time of Completion," and Section 6-9, "Liquidated Damages" of the Standard Specifications. After the Contract has been approved by the City, and a written Notice to Proceed has been issued to the Contractor, the Contractor shall start the Work within 10 working days after the date specified in said Notice to Proceed. Said Work shall be diligently prosecuted to completion between the dates of August 4, 2014 and August 29, 2014 as specified in the Notice to Proceed issued by the City. Contractor shall refer to Section 4-2.2 of these Special Provisions for requirements associated with ordering long lead-time items. Special Note: The successful contractor shall be responsible for the submittal of the Asbestos Abatement Work Program "Procedure 5" to the SCAQMD as per their rules of procedure. There is a 14 day wait period from the day of submittal of the "Procedure 5" Work Program to AQMD, this must be taken into account when meeting the time constraints for completion listed above. 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 days delay in finishing the Work in excess of the number of working days prescribed above. The location of the work at the Airport is not in a controlled secure area and therefore special Airport Security Requirements shall be waived for this project. 2-1.1 Subcontracts. In addition to the subcontractors required to be listed in accordance with Section 2-3.1 of the Standard Specifications, each proposal shall have listed therein the name and address of all subcontractors, regardless of the amount of work. The list of subcontractors shall also set forth the portion of work that will be done by each subcontractor listed. A sheet for listing the subcontractors is included in the Proposal. 2-2 CONTRACT BONDS 2-2.1 BONDING COMPANY WAIVER OF RIGHT OF NOTIFICATION The following shall be added at the end of Section 2-4 of the Standard Specifications: 'The Contractor shall ensure that its Bonding Company is familiar with all of the terms and conditions of the Contract Documents, and shall obtain a written acknowledgement by the Palm Springs Swim Center Pool Deck Replacement SCOPE AND CONTROL OF WORK CP N14-08 SPECIAL PROVISIONS-SECTION 2-PAGE 1 Bonding Company that said Bonding Company thereby waives the right of special notification of any changes or modifications of the Contract, or of extensions of time, or of decreased or increased Work,or of cancellation of the Contract,or of any other act or acts by the City or any of its authorized representatives." 2-2.2 EXECUTION OF BONDS Bonds shall be executed by either: (a) two (2) or more sufficient personal sureties; (b) one sufficient admitted 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 Attorney. 2-3 PRECEDENCE OF CONTRACT DOCUMENTS The provisions of Section 2-5.2 of the Standard Specifications shall be revised to read as follows: In resolving disputes resulting from conflicts, errors, or discrepancies in any of the Contract Documents, the document highest in precedence shall control. The order of precedence shall be as listed below: 1. Change Orders or Work Change Directives 2. Agreement 3. Addenda 4. Contractor's Bid(Bid Forms) 5. Special Provisions 6. Notice Inviting Bids 7. Instructions to Bidders 8. Plans(Contract Drawings) 9. Standard Plans 10. Standard Specifications 11, Reference Documents With reference to the Drawings, the order of precedence shall be as follows: 1. Figures govern over scaled dimensions 2. Detail drawings govern over general drawings 3. Addenda or Change Order drawings govern over Contract Drawings 4. Contract Drawings govern over Standard Drawings 5. Contract Drawings govern over Shop Drawings 2-4 SUBSURFACE DATA Section 2-7 of the Standard Specifications shall be revised to read as follows: "2.7.1 Limited Reliance by Contractor.—(if applicable)Soils reports and other reports of subsurface conditions may be made available for inspection by the Contractor. HOWEVER, SUCH REPORTS AND DRAWINGS ARE NOT CONTRACT DOCUMENTS. The Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings only where such"technical data"are specifically identified in the Special Provisions. Except for such reliance on such "technical data,"the Contractor may not rely upon or make Palm Springs Swim Center Pool Deck Replacement SCOPE AND CONTROL OF WORK CP#14-08 SPECIAL PROVISIONS-SECTION 2-PAGE 2 any claim against the City, the City's Project Representative, nor any of the City's Consultants with respect to any of the following: 2-7.1.1. Completeness. - The completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto,or 2-7.1.2. Other Information. - Any other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings, or 2-7.1.3. Interpretation.-Any interpretation by the Contractor of such "technical data,"or any conclusion drawn from any "technical data" or any such data, interpretations, opinions or information." 2-5 TEMPORARY ACCESS OR CONSTRUCTION RIGHTS-OF-WAY Unless indicated otherwise, all temporary access or construction rights-of-way, other than those shown on the Plans, which the Contractor may find it requires during progress of the Work, shall be arranged by and paid for entirely by the Contractor, at its own expense. 2-8 AUTHORITY OF THE CITY'S PROJECT REPRESENTATIVE The City's Project Representative will decide all conflicts which may arise as to (1) the quality or acceptability of the materials or equipment furnished, (2) the performance of the Work, (3) the manner of performance and rate of progress of the Work, (4) the interpretation of the Plans, Specifications, and Special Provisions, (5) the acceptable fulfillment of the Contract on the part of the Contractor, and (6) compensation of the Contractor. The City's Project Representative's decision shall be final, and he shall have the authority to enforce and make effective such decisions and orders which the Contractor may fail to carry out promptly. 2-9 INSPECTION The City's Project Representative shall have complete and safe access to the Work at all times during construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the Specifications, the Special Provisions, and the Plans. All labor, materials, and equipment furnished shall be subject to the City's Project Representative's inspection. When the Work is substantially completed, a representative of the City will make the final inspection. 2-10 SITE EXAMINATION The Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work, and the general and local conditions, such as, but not limited to, all other matters which could in any way affect the Work or the costs thereof. The failure of the Contractor to acquaint itself with all available information regarding Palm Springs Swim Center Pool Deck Replacement SCOPE AND CONTROL OF WORK CP#14-08 SPECIAL PROVISIONS-SECTION 2-PAGE 3 any applicable existing or future conditions shall not relieve it from the responsibility for properly estimating either the difficulties, responsibilities, or costs of successfully performing the Work according to the Contract Documents. Special consideration should be taken by the contractor that the site is not easily accessible for heavy equipment, and said condition must be considered by the contractor when submitting one's bid. 2-11 FLOW AND ACCEPTANCE OF WATER(if applicable) Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. , the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, and has prepared its Bid accordingly; and the Contractor, by submitting such a Bid, assumes all said risk. 2.12 SUBMITTALS The following provisions shall replace Section 9-2 "Lump Sum Work" of the Standard Specifications: On lump sum items, the Contractor shall submit, for approval by the City's Project Representative, 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 City's Project Representative. Such Schedule of Values shall be submitted for approval at the Pre- construction Conference and must meet the approval of the City's Representative before any payments can be made to the Contractor. - END OF SECTION - Palm Springs Swim Center Pool Deck Replacement SCOPE AND CONTROL OF WORK CP#14-08 SPECIAL PROVISIONS-SECTION 2-PAGE 4 SECTION 3 -- CHANGES IN WORK 3-1 EXTRA WORK The provisions of Specification Section 01153 shall apply. Provisions for markup percentages for overhead and profit for extra work shall be as follows: 3-2 PAYMENT 3-2.1 Markup: The provisions for Markup shall read as follows: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profit. 1) Labor 21 percent(includes bonding) 2) Materials 15 percent 3) Equipment rental 15 percent 4) Other items and expenditures 15 percent 5) Subcontracts (1 st tier only) 5 percent 6) lower tier subcontractors none To the sum of the costs and markups provided for in this subsection, except for labor, one percent shall be added as compensation for bonding. - END OF SECTION - Palm Springs Swim Center Pool Deck Replacement CHANGES IN WORK CP#14-08 SPECIAL PROVISIONS-SECTION 3-PAGE 1 SECTION 4-- CONTROL OF MATERIALS 4-1 TRADE NAMES OR EQUALS 4-1.1 Substitutions. - Subparagraph 2 Of Section 4-1.6 of the Standard Specifications shall be amended to read as follows: Whenever any particular material, process, or equipment is indicated by a patent, proprietary, or brand name, or by the name of the manufacturer, such product shall be followed by the words "or equal." A Contractor may offer any material, process, or equipment considered as equivalent to that indicated, unless a sole source is specified. Failure of the Contractor to submit requests for substitution promptly after bid opening shall be deemed to signify that the Contractor intends to furnish one of the brands named in the Special Provisions, and the Contractor does hereby waive all rights to offer or use substitute materials, products, or equipment for that which was originally specified. Unless otherwise authorized by the City's Project Representative, the time for submission of data substantiating a request for substitution of an "or equal" item shall be not more than 20 days after bid opening. 4-1.2 Submittals for Approval of "Or Equals." - Should the Contractor request approval for "or equal" products, it shall submit data substantiating such request to the City's Project Representative as per Subsection 4-1.1, 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 City's Project Representative or the City. 4.2 MATERIALS 4-2.2 Placing Orders. - The Contractor shall place the order(s) for all long-lead supplies, materials, and equipment, within 3 working days after the award of Contract by the City. The Contractor shall furnish the City's Representative 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. - END OF SECTION - Palm Springs Swim Center Pool Deck Replacement CONTROL OF MATERIALS CP#14-08 SPECIAL PROVISIONS-SECTION 4-PAGE 1 SECTION 5 -- UTILITIES 5-1 REMOVAL, RELOCATION, OR PROTECTION OF EXISTING UTILITIES (a) The following full text of Government Code Section 4215 shall replace the provisions of Section 5-5, subparagraph 4, of the Standard Specifications: "In 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 a part of the invitation for bids. The contract documents shall include provisions to 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 contract documents shall include provisions that 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. 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. Nothing herein shall preclude the public agency from pursuing any appropriate remedy against the utility for delays which are the responsibility of the utility. Nothing herein shall be construed to relieve the utility from any obligation as required either by law or by contract to pay the cost of removal or relocation of existing utility facilities. (b) Removal, Relocation, or Protection of Existing Utilities. - The following provisions shall be added to the end of Section 5-5 of the Standard 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. Palm Springs Swim Center Pool Deck Replacement UTILITIES CP 014-08 SPECIAL PROVISIONS-SECTION 5-PAGE 1 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." Special Note: While the City endeavors to show all known utilities in the plans, the City's inclusion of this special provision with reference to Government Code Section 4215 is made to advise the Contractor of the fact that not all utilities may be shown in the plans, and that by this reference included in the specifications, the Contractor assumes responsibility for protecting all known utilities that are shown in the plans OR identified by location in the project area by markings provided by Underground Service Alert prior to construction. The City will only compensate the Contractor, as required by law, for locating utilities that are shown in the plans or identified by location in the project area by markings provided by Underground Service Alert, and which can not be found in the general location identified. The City will not compensate the Contractor for locating and protecting utilities shown in the plans OR marked by Underground Service Alert prior to construction. The Contractor is advised to investigate and review all existing utilities in the project area, and in submitting a Bid, acknowledges its responsibilities as referenced herein. - END OF SECTION - Palm Springs Swim Center Pool Deck Replacement UTILITIES CP#14.08 SPECIAL PROVISIONS-SECTION 5-PAGE 2 SECTION 6— PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 LIQUIDATED DAMAGES 6-1.1 Amount. - The amount of liquidated damages as specified in Section 6-9 of the Standard Specifications shall not apply, but shall be as stated in the Agreement. 6-2 TIMES OF OPERATION 7:00 am to 5:00 pm. 6-2.1 Hours of Operation. - It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no work allowed on City-observed holidays, unless otherwise approved by the City's Project Representative: 1. Powered Vehicles 2. Construction Equipment 3. Loading and Unloading Vehicles 4. Domestic Power Tools 6-3 NOTIFICATION The Contractor shall notify the City and the owners of all utilities and substructures not less than 2 working days prior to commencing the Work. The following list of names and telephone numbers is intended for the convenience of the Contractor only and is not guaranteed to be complete or correct: CITY OF PALM SPRINGS Allen Smoot (760)219-2528 VERIZON Attention: Mr. Larry Moore (760)778-3603 DESERT WATER AGENCY Attention: Ms. Debbie Randall (760)323-4971 SOUTHERN CALIFORNIA EDISON COMPANY Attention: Mr.Frank Jasso (760)202.4278 SOUTHERN CALIFORNIA GAS COMPANY Attention: Ken Kennedy (909)335-7716 TIME-WARNER CABLE Attention: Mr.Dale Scrivner (760)340-1312 SPRINT Attention: Mr. Lynn Durrett (909)873-8022 UNDERGROUND SERVICE ALERT (800)227-2600 6-4 EMERGENCY INFORMATION Palm Springs Swim Center Pool Deck Replacement PROSECUTION,PROGRESS, CP#14-08 AND ACCEPTANCE THE WORK SPECIAL PROVISIONS-SECTIOIO N 6-PAGE 1 The names, addresses, and telephone numbers of the Contractor, sub- contractors, their owners, officers, and superintendents, shall be filed with the City's Project Representative at the Pre-Construction Conference. - END OF SECTION - PROSECUTION,PROGRESS, Palm Springs Swim Center Pool Deck Replacement AND ACCEPTANCE OF THE WORK CP#14-08 SPECIAL PROVISIONS-SECTION 6-PAGE 2 SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR 7-1 General. -The provisions of Section 7-13 of the Standard Specifications shall be revised to read as follows: "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 or all 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 City's Project Representative, 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, Special Provisions, 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 City's Project Representative in writing." 7-2 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 for each worker employed in the 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. 7-3 Prevailing Wage Rates Not Applicable. - Funding for the Work is with all local funds and, as provided under the City Charter, will NOT require compliance with the prevailing wage requirements of the State of California. 7-5 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 shall, 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 City's Representative shall, in its discretion, permit the Contractor to file with the City the bond referred to in Section 3196 of the Civil Code of the State of California, said moneys shall not thereafter be withheld on account of such Stop Notice. Palm Springs Swim Center Pool Deck Replacement RESPONSIBILITIES OF THE CONTRACTOR CP 914-08 SPECIAL PROVISIONS-SECTION 7-PAGE 1 7-6 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 ensure 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. 7-7 Contracts for Trenches or Excavations; Notice on Discovery of Hazardous Waste or Other Unusual Conditions; Investigations; Change Orders; Effect on Contract. - (a) As required under Section 7104 of the Public Contract Code, in any public works contract of a local public entity, which involves the digging of trenches or other excavations that extend deeper than 1.2 meters (4 feet) below the surface, shall be subject to the following conditions: the Contractor shall promptly, before the conditions are disturbed, notify the public entity in writing of such conditions. (b) It has been determined that the OSHA soil classification in Palm Springs has designated to be Type C soil throughout the City. All protective measures shall be based upon that determination. 7-8 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 extension, payment of money, or damages 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 demands 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 of receipt, if the amount of the claim exceeds $50,000, but is less than $375,000. Palm Springs Swim Center Pool Deck Replacement RESPONSIBILITIES OF THE CONTRACTOR CP#14-08 SPECIAL PROVISIONS-SECTION 7-PAGE 2 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. 7-9 Concrete Forms, Falsework, and Shoring. - The Contractor shall comply fully with the requirements of Section 1717 of the Construction Safety Orders, State of California, Department of Industrial Relations, regarding the design of concrete forms, falsework, and shoring, and the inspection of same prior to the placement of concrete. Where the said Section 1717 requires the services of a civil engineer registered in the State of California to approve design calculations and working drawings of the falsework or shoring system, or to inspect such system prior to the placement of concrete, the Contractor shall employ a registered civil engineer for these purposes, and all costs therefore shall be included in the Bid item price named in the Contract for completion of the Work as set forth in the Contract Documents. 7-11 INSURANCE The limits of liability for insurance, as required by Section 7-3 and 7-4 of the Standard Specifications, shall provide coverage for not less that the following amounts, or greater where required by laws and regulations: INSURANCE AMOUNTS Prior to commencing any Work, all contractors, vendors and service providers shall procure and maintain, at their own cost and expense for the duration of their contract with the City, appropriate insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work or services. The types of insurance required and the coverage amounts are specified below: A. Minimum Scope of Insurance Required Palm Springs Swim Center Pool Deck Replacement RESPONSIBILITIES OF THE CONTRACTOR CP#14-08 SPECIAL PROVISIONS-SECTION 7-PAGE 3 1. General Liability Insurance is required whenever the City is at risk of third-party claims which may arise out of work or presence of a contractor, vendor and service provider on City premises. At a minimum this policy shall: • be written on a per occurrence basis; and • include products and completed operations liability, independent contractors liability, broad form contractual liability, and cross liability protection. 2. Automobile Liability Insurance is required only when vehicles are used by a contractor, vendor or service provider in their scope of work or when they are driven off-road on City property. Compliance with California law requiring auto liability insurance is mandatory and cannot be waived. At a minimum this policy shall: • be written on a per occurrence basis; and • include coverage for Bodily Injury and Property Damage, Owned, Non-owned and Hired Vehicles; and • include coverage for owned, non-owned, leased and hired vehicles. If an automobile is not used in Connection with the services provided by the contractor, vendor or service provider, a written request to waive this requirement should be made to the City's Risk Manager. 3. Workers' Compensation and Employer's Liability Insurances is required for any contractor, vendor or service provider that has any employees at any time during the period of this contract. Contractors with no employees must complete Insurance Requirement form a Request for Waiver of Workers' Compensation available from the City's Risk Manager. At a minimum, this policy shall: • provide statutory requirements of the State of California; and • include $1,000,000 Employer's Liability. B. Minimum Limits of Insurance Coverage Required Under$25,000 $500,000 per Occurrence/$1 Million Aggregate $25,000 to $5 Million: $1 Million per Occurrence/$2 Million Aggregate Over$5 Million: Limits to be determined by the City's Risk Manager Umbrella excess liability may be used to reach the limits stated above. C. General Standards for Insurance Policies All insurance policies shall meet the following standards: 1. Insurance carrier is to be placed with duly licensed or approved non-admitted insurers in the state of California. Palm Springs Swim Center Pool Deck Replacement RESPONSIBILITIES OF THE CONTRACTOR CP#14-08 SPECIAL PROVISIONS-SECTION 7-PAGE 4 2. Insurers must have a Best's rating of B+, Class VII, or higher(this rating includes those insurers with a minimum policyholder's surplus of $50 Million to $100 Million). Exceptions to the Best's rating may be considered when an insurance carrier meets all other standards and can satisfy surplus amounts equivalent to a B+, Class VII rating. 3. Certificate must include evidence of the amount of any deductible or self-insured retention under the policy. D. Verification of Insurance Coverage All individuals, contractors, agencies, and organizations conducting business for the City shall provide proof of insurance by submitting one of the following: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm SSprinos or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees and agents are named as an additional insured" ("as it relates to a specific contract" or "for any and all work performed with the City" may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have" ("as it relates to a specific contract" or "for any and all work performed with the City" may be included in this statement). See Example A below. As an alternative to the non-contributory endorsement, the City will accept a waiver of subrogation endorsement on the General Liability policy. At a minimum, this endorsement shall include the following language: "This insurance company agrees to waive all rights of subrogation against the City of Palm Springs, its officers, officials and employees for losses paid under the terms of this policy which arise from the work performed by the named insured for the City." 3. "The insurance afforded by this policy shall not be cancelled except after thirty days prior written notice by certified me#return receipt requested has been given to the City." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. See Example B below. The Workers' Compensation and Employer's Liability policies shall contain waiver of subrogation clause in favor of City, its elected officials, officers, employees, agents and volunteers. See Example C below. Palm Springs Swim Center Pool Deck Replacement RESPONSIBILITIES OF THE CONTRACTOR CP#14-08 SPECIAL PROVISIONS-SECTION 7-PAGE 5 In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policy. All certificates and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of works hall not waiver the contractor's obligation to provide them. E. Acceptable Alternatives to Insurance Industry Certificates of Insurance The City will accept either a CG 20 10 10 01 or a CG 20 33 10 01 (or some form specific to a particular insurance company that has similar wording) as long as the form is accompanied by a CG 20 37 10 01. In addition, the City will accept the following: • A copy of the full insurance policy which contains a thirty (30) days' cancellation notice provision (ten (10) days for non-payment of premium) and additional insured and/or loss-payee status, when appropriate, for the City. • Binders and Cover Notes are also acceptable as interim evidence for up to 90 days from date of approval F. Endorsement Language for Insurance Certificates Example A: THE INSURANCE SHALL BE PRIMARY WITH RESPECT TO THE INSURED SHOWN IN THE SCHEDULE ABOVE, OR IF EXCESS, SHALL STAND IN AN UNBROKEN CHAIN OF COVERAGE EXCESS OF THE NAMED INSURED'S SCHEDULED UNDERLYING PRIMARY COVERAGE. IN EITHER EVENT, ANY OTHER INSURANCE MAINTAINED BY THE INSURED SCHEDULED ABOVE SHALL BE IN EXCESS OF THIS INSURANCE AND SHALL NOT BE CALLED UPON TO CONTRIBUTE WITH IT. Example B: SHOULD ANY OF THE ABOVE-REFERENCED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR ono TO MAIL 30 DAYS" WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN BUT CAII I IRE TO A.1411 CI GH NOTICE SHALL IMPOSE NQ 001 IGATION OR 1 IAR11 ITV OP ANY KIND UPON THE INSURER, ITS AGENTS OR RFPRFRF FoITAT1\/CC\/CC 'The broker/agent can include a qualifier stating "10 days notice for nonpayment of premium.' Example C: Palm Springs Swim Center Pool Deck Replacement RESPONSIBILITIES OF THE CONTRACTOR CP#14.08 SPECIAL PROVISIONS-SECTION 7-PAGE 6 IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED(S), BUT ONLY WITH RESPECT TO THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO. G. Alternative Programs/Self-Insurance Under certain circumstances, the City may accept risk financing mechanisms such as Risk Retention Groups, Risk Purchasing Groups, off-shore carriers, captive insurance programs and self-insurance programs as verification of insurance coverage. These programs are subject to separate approval once the City has reviewed the relevant audited financial statements and made a determination that the program provides sufficient coverage to meet the City's requirements. H. Waiver of Modification of the Insurance Requirements Any waiver or modification of the insurance requirements can only be made by the City's Risk Manager or designee at City's discretion. If you do not believe that the insurance requirements apply to you (e.g., you do not have employees and are not subject to the State workers' compensation insurance requirements; you do not drive an automobile in connection with the services you provide to the City; professional liability or errors and omissions liability insurance is not available for the type of services you are performing, etc.), please submit a written request for waiver or modification of the insurance requirements and the reasons underlying your request to the Risk Manager. All requests for waiver or modification will be reviewed and a final determination rendered by the Risk Manager. 7-12 PERMITS 7-12.1 Business License. The Contractor and all of its subcontractors shall possess a current City business license issued by the City prior to commencement of the Work, in accordance with Title 3 of the City's Municipal Code. The Contractor shall obtain a Business License from the City of Palm Springs prior to commencement of work. The Business License can be obtained from the City of Palm Springs, Business License Office, 3200 Tahquitz Canyon Way, Palm Springs, CA. 92262, (760) 323-8289. 7-12.3 City of Palm Springs Building Permit. The Contractor shall be required to obtain and sign a City of Palm Springs Building Permit prior to commencement of the Work, but the fee for this permit shall be waived. The Building Permit can be obtained from the office of the Building Department. 7-14 SITE 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 Palm Springs Swim Center Pool Deck Replacement RESPONSIBILITIES OF THE CONTRACTOR CP#14-08 SPECIAL PROVISIONS-SECTION 7-PAGE 7 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 City's Representative. 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 therefore. 7-15 DUST CONTROL 7-15.1 General A. The Contractor shall be responsible for stabilizing the disturbed soil during construction (if applicable). The method which it will use must be approved by the City's Representative. If a water meter is required by the City's Representative during construction, the Contractor shall contact the Desert Water Agency at (760) 323-4971 to 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 therefore. 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 ra oiect. in conformance with City requirements, Section 7-8 of the Standard Specifications, and to the satisfaction of the City's Representative. - END OF SECTION - Palm Springs Swim Center Pool Deck Replacement RESPONSIBILITIES OF THE CONTRACTOR CP#14-08 SPECIAL PROVISIONS-SECTION 7-PAGE 8 SECTION 8 - FACILITIES FOR AGENCY PERSONNEL (BLANK) END OF SECTION - Palm Springs Swim Center Pool Deck Replacement FACILITIES FOR AGENCY PERSONNEL CP#14-08 SPECIAL PROVISIONS-SECTION 8-PAGE 1 SECTION 9 - PAYMENT 9-1 GENERAL 9-1.1 Payment. - Payment for the work, 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 work, in accordance with the provisions for Measurement and Payment in the Standard Specifications and these Special Provisions, including all appurtenances thereto, and including all costs of compliance with the regulations of public agencies having jurisdiction, including the 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). 9-1.2 Partial 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. 5 Subject to the provisions of Section 22300 of the Public Contract Code, 7A percent retention will be withheld from each payment. All invoices and pay requests shall be approved by the City's Project Representative before submittal to the City for payment. All billings shall be directed to the City's Project Representative. 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 material- men. Payments shall be processed in accordance with Section 9-3 'Payment" of the Greenbook Standard Specifications for Public Works Construction, provided, however, that the Contractor shall make an estimate of the work performed prior to the closure date of each month to serve as the basis of an invoice for making monthly payments. The closure date shall be established as the last day of the month in which work is performed. The City's Project Representative shall review the Contractor's monthly estimate of the work, and shall either reject or approve the estimate. If rejected, the Contractor shall revise the monthly estimate of work, and resubmit for approval by the City's Project Representative. The Contractor shall receive payment by mail to the Contractor's business address within 30 days of the City's Project Representiative's Palm Springs Swim Center Pool Deck Replacement MEASUREMENT AND PAYMENT CP#14-08 SPECIAL PROVISIONS-SECTION 9-PAGE 1 approval of the Contractor's monthly estimate of the work. Payments shall not be made more frequently than once per month. The last subparagraph of Standard Specifications Section 9-3.1 shall be DELETED and the following substituted therefore: After 35 days of the City's recordation of a Notice of Completion with the County Recorder, or as prescribed b law, the amount deducted from the partial payments and retained b the City will be P Y P P Ym Y tY 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. 9-2 PAYMENT FOR MOBILIZATION. Payment for 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 the Notice to Proceed. The scope of the work for mobilization shall include the obtaining of all bonds, insurance, and permits, moving onto the site of all plant and equipment, and the furnishing and erecting of plants, temporary buildings, and other construction facilities, all 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 onto the site of all Contractor's plant and equipment required. 1. Installing temporary construction power, wiring, and lighting facilities. 3. Establishing fire protection system. 4. Providing on-site communication facilities for the Contractor and the City's Project Representative. 5. Providing on-site sanitary facilities and potable water facilities. 6. Obtaining and paying for all required bonds, insurance, and permits. 7. Posting all OSHA-required notices, and establishment of OSHA- approved safety programs. 8. Having the Contractor's superintendent at the job site full-time. 9. Submitting of the required Construction Schedule, as specified in the Section 6-1, "Construction Schedule and Commencement of Work" of the Standard Specifications. In addition to the requirements specified above, all submittals shall conform to the applicable requirements of Section 2-5.3, "Submittals" of the Standard Specifications. Palm Springs Swim Center Pool Deck Replacement MEASUREMENT AND PAYMENT CP#14-08 SPECIAL PROVISIONS-SECTION 9-PAGE 2 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 City's Project Representative. The Contractor's attention is directed to the condition that 5 percent of the total Contract Price will be deducted from any money due the Contractor until all mobilization items listed above have been completed as specified. The aforementioned amount will be retained by the City as the agreed, estimated value of completing all of the mobilization items listed. Any such retention of money for failure to complete all such mobilization items shall be in addition to the retention of any payment pursuant to the provisions of Public Contract Code 22300. - END OF SECTION - Palm Springs Swim Center Pool Deck Replacement MEASUREMENT AND PAYMENT CP#14-08 SPECIAL PROVISIONS-SECTION 9-PAGE 3 SECTION 10 -- CONSTRUCTION DETAILS 10-1 GENERAL 10-1.1 Record Drawings - The Contractor shall keep a complete set of record drawings at the job site. The Construction Plans shall be legibly marked showing each actual item of record construction including: 1. Field changes of dimensions, locations and/or materials with details as required to clearly delineate the modifications. 2. Any details not in the original Construction Plans developed by the City throughout construction necessary to clarify or modify the Construction Plans. 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. 10-1.2 Location and Description of the Work - The work location will be the Palm Springs Swim Center, Sunrise Park, owned and operated by the City of Palm Springs and will consist of the removal of drains, decking, existing Kool Deck finish and asbestos pipe and the construction of new concrete decking, crack filling and repair, trench drains, drain inlets and Kool Deck finish over the entire deck surface. 10-1.3 Dust Control and Site Maintenance - 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 be responsible for project site maintenance as per section 7-8 of the Standard Specifications. 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, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be absorbed in the Contractor's bid. Payment for dust control and site maintenance is considered to be included in the lump sum for the work and no additional compensation will be will be made therefore. 10-1.4 Delivery and Storage - All materials shall be delivered to the site in an undamaged condition. The materials shall be protected against damage and stored in a location approved by the Engineer. Defective or damaged materials shall be replaced by the Contractor at no expense to the City. Palm Springs Swim Center Pool Deck Replacement CP#14-08 CONSTRUCTION DETAILS SPECIAL PROVISIONS-SECTION 10-PAGE 1 10-1.5 Material Submittals - The Contractor shall submit all materials to be used to the City and Engineer for approval two weeks prior to work commencing or as needed to meet lead times. 10-2 EARTHWORK 10-2.1 Existing Facilities— It shall be the Contractor's responsibility to protect all existing improvements not designated for removal. Should the Contractor anticipate removal of any sidewalk, handicap ramps, curbs, gutters, driveway approaches, trees, hedges, oleanders, fences, walls, signs, water valves, irrigation system components and associated electrical service etc., that is not identified on the Plans for removal, repair and replacement shall be at least equal to the existing improvements prior to such damage, all in accordance with requirements of the Contract Documents. 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 expense, shall make any repairs that result from its operations, to the approval of the Engineer and the subject property owner. 10-2.2 Unclassified Fill — Unclassified fill shall conform to Section 300-4, "Unclassified Fill" of the Standard Specifications. However, the top 12 inches of subgrade shall have a minimum relative compaction of 95 percent. Vibratory equipment may not be used for compaction. Steel drum rollers or other mechanical compaction methods are acceptable. The Contractor is required to protect the existing pool shell at all times and shall be responsible for any and all damage that occurs to the existing pool and its appurtenances while the contract is in effect. Payment for unclassified fill shall be considered as included in the various bid items of work, and no additional compensation will be allowed therefore. 10-3 REMOVALS 10-3.1 Disposal Demolished/abated materials are to be legally disposed of pursuant to these specifications and are the sole responsibility of the Contractor. Contractor shall not stockpile on the Palm Springs Pool property; all removals shall be immediately hauled away. The Contractor shall specify the route and the disposal site of the material that is required to be hauled away. All concrete and steel materials to be removed shall be sorted and recycled, the Contractor shall provide tickets to the City for verification of recycled materials. 10-3.2 Concrete Pavement — Concrete pool deck shall be removed at locations as indicated on the plans, to neatly sawed edges with saw-cuts made to a minimum depth of one-half the thickness of the concrete. Concrete decking to be removed shall be neatly sawed such that construction joints to new concrete improvements are clean and straight. Palm Springs Swim Center Pool Deck Replacement CP#14.08 CONSTRUCTION DETAILS SPECIAL PROVISIONS-SECTION 10-PAGE 2 The Contractor must saw cut all existing rebar dowels clean with the face of the slab to be maintained and coat with 3M SkotchKote Liquid Epoxy Coating 323R or Engineer approved equal. The entire exposed end of all remaining rebar shall be coated. Concrete removal shall be executed in a manner that protects the subsurface and maintains the soil on property. Any additional soil to be imported or exported to achieve compaction requirements or line and grade shall be the sole responsibility of the Contractor and no additional payment shall be made therefore. Payment for concrete removals shall be included in the lump sum bid price and shall constitute full compensation for all equipment, materials, and labor necessary for the removal and disposal of concrete surfaces, and no additional compensation will be allowed therefore. 10.3.3 Asbestos Drain Pipe — Asbestos drain pipe shall be removed in accordance with and in conformance with the Infotox, Inc. Procedure 5 Asbestos Remediation Plan included in Part III Appendix. The Contractor is responsible to comply with all aspects of this report including removals and disposal as well as all licensing and reporting. Payment for Asbestos Pipe removals shall be included in the lump sum bid price and shall constitute full compensation for all equipment, materials, and labor necessary for the removal and disposal of asbestos drain pipe, and no additional compensation will be allowed therefore. 10.3.4 Drain Inlets — Drain inlet removal shall be executed in conformance with the Infotox, Inc. Procedure 5 Asbestos Remediation Plan included in Part III Appendix. Payment for Drain Inlet removals shall be included in the lump sum bid price and shall constitute full compensation for all equipment, materials, and labor necessary for the removal and disposal of drain inlets, and no additional compensation will be allowed therefore. 10.3.5 Grinding — The remainder areas of the deck that are not being removed shall be grinded to remove the existing Kool Deck finish. Surfaces will be prepped to receive new Kool Deck finish to match the proposed areas. 10-4 PORTLAND CEMENT CONCRETE 10-4.1 Materials - Portland Cement Concrete shall conform to table 201-1.1.2 of the Standard Specifications. 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. Fiber reinforced concrete shall be used on all deck areas. Concrete placement shall be in accordance with section 303-5 of the Standard Specifications except as modified herein. 10-4.2 General - Reference Organizations ACI - American Concrete Institute Palm Springs Swim Center Pool Deck Replacement CP#14-08 CONSTRUCTION DETAILS SPECIAL PROVISIONS-SECTION 10-PAGE 3 PICA- Portland Cement Association ASTM -American Society for Testing and Materials 10-4.3 Products 10-4.3.1 Concrete - Comply with ASTM C94 and the following requirements: 10-4.3.2 Strength - Specified compressive strength shall be 3,250 psi at (28) days with a maximum water cement ratio of 0.48. 10-4.3.3 Aggregates - Maximum aggregate size shall not exceed 1" and will comply with ASTM C-33. 10-4.3.4 Cement-Type 1/11 and will comply with ASTM C-150 10-4.3.5 Slump - Shall not exceed 5" using normal water reducing agents but may go up to 6" by using a mid range or high range water reducer. 10-4.3.6 Fiber Reinforcement - Virgin polypropylene fibers containing no reprocessed olefin materials and specifically manufactured for use in concrete. Addition rate of fibers shall provide a minimum of 80 psi average residual strength utilizing a modified ASTM C- 78 third point beam loading procedure. Submit documentation describing concrete mixture proportions. 10-4.3.7 Membrane - Forming curing Compounds Comply with ASTM C-309, Type 2 Class A Isolation Joint Material Comply with ASTM D-1751 or ASTM D-1752. 10-4.3.8 Forms - Forms shall be made of steel or wood or other material capable of supporting mechanical concrete placing equipment without settling vertically, bowing inward/outward or crushing. Forms shall have sufficient rigidity to maintain specified tolerances and shall be clean and free of dirt, rust and hardened concrete. 10-4.3.9 Expansion Joints — Expansion joint filler shall be per section 201-3 of the standard specification. 10-4.3.9 Joint Sealant—Shall be per section 201-3.4 type "A" sealant. 10-4.3.10 Finish — All existing and proposed concrete decking shall be finished with Mortex Kool Deck, color to match existing, or approved equal. 10-4.3.11 Crack Sealant— Injection epoxy crack sealant per ASTM C 881 type IV. 10-4.4 Execution Palm Springs Swim Center Pool Deck Replacement CP#14-08 CONSTRUCTION DETAILS SPECIAL PROVISIONS-SECTION 10-PAGE 4 Contractor shall ensure that the existing pavement surface is free of debris and loose materials. Grade for the overlay shall be set to provide a minimum of 1/8 inch per foot of fall. Minimum concrete thickness shall be 5 inches. 104.4.1 Setting Forms - Set, align and brace forms so that the decking will meet the tolerances specified. Apply form release agent to inside face of forms prior to placement of concrete. The edge of previously placed concrete may be used as a form. Do not apply form release agent to previously placed concrete. 10-4.4.2 Batching, mixing and transporting concrete -Comply with ASTM C-94 10-4.4.3 Placing and finishing - Deposit concrete directly from the transporting equipment between the forms to a uniform height. Vibrate or spade concrete to remove voids and air pockets. Do not move concrete horizontally with vibrator. Strike off concrete between forms using a form riding vibrating screed. Other strikeoff devices may be used when accepted by the engineer. After strikeoff, finish concrete with a bullfloat. Remove excess water and laitance. Finish the pavement to the elevations and thickness specified by the engineer in the project drawings. 10-4.4.4 Edging - Edge top surface edges to a radius of 1/4 inch. 10-4.4.5 Texture- Broom concrete surface with a steel or fiber broom to produce corrugations between 1/16 and 1/8 inch deep broom perpendicular to nearest edge of pavement. Broom all areas of a panel in the same direction. Use the same type and manufacturer of broom for all paved surfaces to provide consistent appearance. Other methods of producing final surface texture may be used when specified or accepted by the engineer. Contractor shall leave concrete surface in the accordance with the manufacturer specifcations described for placement of Mortex Kool Deck, or Engineer approved equal. 10-4.4.5 Curing — Contractor shall cure all slabs in accordance with the manufacturers specification for placement of Mortex Kool Deck, or Engineer approved equal and the Standard Specifications. Palm Springs Swim Center Pool Deck Replacement CP#14-08 CONSTRUCTION DETAILS SPECIAL PROVISIONS-SECTION 10-PAGE 5 10-4.4.6 Jointing — Weakened plane joints should be laid out to form approximate square panels. Panels should not exceed 8 ft. x 8 ft. unless specified by the engineer. Contractor shall submit a proposed joint layout for approval by the City and Engineer prior to work commencing and install in accordance with section 303-5.4.3 of the Standard Specifications. Expansion joints shall be 30' on center at the maximum and at all installations abutting existing concrete. Expansion joints shall be installed in accordance with section 303-5.4.2 of the Standard Specifications. Contractor to submit all joint placement locations to the City and Engineer for approval prior to work commencing. Joints should run continuously through the paved area. 10-4.4.7 Joint Sealant- Shall be installed per the manufacturers recommendations for and climate installation. 10-4.4.8 Concrete Finish - Concrete shall be finished with Mortex Kool Deck or Engineer approved equal per the manufacturers specifications. 10-4.4.9 Crack Sealing — Existing cracks on the deck surface that is not to be removed will be sealed using an injection epoxy per ASTM C 881 and installed in accordance with ACI 503R. Crack repair must occur after the existing concrete is grinded and before application of the Kool Deck finish. 10-4.4.10 Protect pavement from damage - Concrete may be opened to foot and vehicular traffic when the concrete compressive strength exceeds 3,000 psi, unless otherwise approved by the engineer. Contractor is responsible to protect surface at all times. Payment for Portland Cement Concrete is included in the lump sum bid and shall constitute full compensation for all equipment, materials, labor, batch plant operations, furnishing all transportation, hauling, spreading, forming, and protection from vandalism, including installation of crushed miscellaneous base and preparation of subgrade as necessary, complete and in place, in accordance with these special provisions. 10-4.4.11 Vandalism - The Contractor is responsible for protecting all new Portland Cement Concrete construction from vandalism. All construction of Portland Cement Concrete shall be conducted under direct supervision of the Contractor's staff, and shall be monitored until the work has adequately cured and is not susceptible to damage from vandalism. Any vandalism identified on new concrete construction shall be removed and replaced by the Contractor, as required and directed by the Engineer, at no additional cost to the City. 10-5 DRAINAGE Palm Springs Swim Center Pool Deck Replacement CP#14-08 CONSTRUCTION DETAILS SPECIAL PROVISIONS-SECTION 10-PAGE 6 10-5.1 Drain Inlets — Proposed drain inlets will be located in the identical location as the existing drains being demolished. Drains shall be NDS 12" x 12" Part No. 1200 with NDS grate part number 1214 or approved equal. Contractor will set the bottom elevation of the drains based on the trench drain elevation at the inlet. Care shall be taken to match inverts with the trench drain to provide positive drainage through the catch basins. Grate shall be set to match finish surface of proposed deck. 10-5.2 Trench Drain — Proposed trench drain shal be NDS Dura Slope Model DSN-097 or Engineer approved equal with DS-228 grates, or Engineer approved equal. Contractor shall install in compliance with the manufacturers specifications for installation. The Contractor is responsible to maintain positive slope to the catch basins and to the outlet point with a minimum of .7% slope. Contractor shall furnish the City with installation method prior to commencement of work. Trench drain location is per Palm Springs Pool Deck Exhibit contained in the appendix. 10-4 ELECTRICAL: 10-4.1 Codes and Standards. All electrical work shall comply with National Electrical Code, latest edition, local utility company regulations, and City of Palm Springs codes and ordinances. 10-4.2 Records Drawings. During progress of the work, the Contractor shall maintain an accurate record of all items. 104.3 Asbestos Pipe Location. Please note that the INFOTOX documentation depicts the pool as rectangular and the drain lines run around the pool. Actually the pool is "L" shaped as shown on the MSA Consulting drawing labeled "Palm Springs Pool Exhibit", and the asbestos drain pipe runs around the parameter of the pool, approximately 570 lineal feet. - END OF SECTION - I Palm Springs Swim Center Pool Deck Replacement CP#14-08 CONSTRUCTION DETAILS SPECIAL PROVISIONS-SECTION 10-PAGE 7 CITY OF PALM SPRINGS PROCUREMENT AND CONTRACTING DEPARTMENT PART III - APPENDIX PALM SPRINGS SWIM CENTER POOL DECK REPLACEMENT, CP# 14-08 1) DRAWING: 2) ASBESTOS "PROCEDURE 5" WORK PLAN DOCUMENTS Palm Springs Swim Center Pool Deck Replacement CP#14.08 CONTENTS PART III Palm Springs Swim Center Pool Deck Replacement CP#1488 CONTENTS PART III Y . F X.' / fff x �a t t'=: EX- POOL EDGE Ex, CONC, COPING IID / / . TO RE"N IN PUCE NO MODIFICATION TO / EXISTING POOL -� 8' EDGE BA ;✓� DAND TO BE BE REMOVED 27f7 21� xzx / j 4 ELEMENT 9 > LIGHT POST nOST . . ji p. H IMPROVEPC[TP[Puc�Y vr` ® AREA P Gry, y3:, aoaxa s_w cwa(w.Aaca r cacPcrz p AREA DRAIN DEMO OURNTITIES yjo ePdros[o a eo[ 6 �n ar ar wxcarlc aExau.+ro aEal,.mecx, NCPq eiMervowxn me N°�`r PROTECT IN PUCE (SEE DETAIL) � sm N°` Pam, s,o v r�owe xos�rlw ow�ixc REMOVE AND REPLACE (SEE DETAIL) tiOgS� del xPu o wuaarrNlP[s uewrta (e1 Iwo inrz a.Vma xo. �z,a xPrn orwu w F „165 Y A,6[l OECx CPxpxC ttN BSM ` Ip xO�L CEw M5x { ®GRIND COOL DECK FINISH Yx[mr_,o ce xsPwrto caw d F IUT DETAIL �MSAY CANSULT G.INC R PALM SPRINGS POOL EXHIBIT FOR C4IDDING PUl-Troses ONLY (li m� c A' — _ w—q Asbestos;Management Serviem Inspections, . : Assessments,Specifications,Air Monitoring A California Co trturation Sampling,Analysis,Awareness Traintng May 17, 2014 South Coast Air Quality Management District 21.865 Copely Drive Diamond Bar,CA 91765 Phone: (909) 396-3739 Fax: (909) 396-3342 Subject: Asbestos Management Services— Procedure 5 Submittal Asbestos Cement Drain Pipe Removal City of Palm Springs, Swim Center 405 S. Pavilion Way, Palm Springs,CA Infotox, Inc. Project# 142073 Dear Sirs: Following is the"Procedure 5"work plan for the removal of asbestos cement drain pipe from the pool site at the City of Palm. Springs, Swim Center,405 S. Pavilion Way, Palm Springs, CA. The asbestos cement pipe is Immediately below the concrete pool deck.The planned removal and replacement of the pool deck will require removal of the asbestos.cement drain piping. The site is a public recreation area. The office and Lockers are to the east,a skate park is to the cast and south,and greets space is to the south and west. The pool site is a completely fenced area. Refer to the attached site diagrams fora visual illustration of the site and surrounding areas. On May 5, 2014 infotox, Inc, performed a site visit to confirm the presence of asbestos cement pipe. The ruining analyzed As containing 20%c sable asbestos Theasbestos cement pipe is estimated to be approximately 6" below the concrete pool deck.. The planned removal will involve the removal of approximately 525 Ift_(825 Sft.)of 6" OD ACP. Refer to the attached photographic documentation and site diagrams for a visual illustration of the asbestos cement pipe location. The work plan is divided into five sections as follows. l. SCAQMD Rule 1403 Notification Form(To be submitted by Selected Contractor) 2. Asbestos Remediation Work Plan 3. Site Diagram 4. Asbestos Survey Report 9251 Oren Parkway,Suite d*Riverside,C401ornla 4;509.0906-(951)"5-5053/Fax(1150 Z77-3543 iniotoa(*bcglobaLuet California Certifieo4sl estas Consultants 5. Photographic Documentation If you should have any questions or require additional information regarding this work plan, please eomact me at your earliest convenience. �ttiiy, � Infotox,Ine. by AtK Michael A.Nieuwl dt as President Certified Asbestos Consultant No. 9M271 attachment(s) 2 of 33 4 C SCAQMD Rule 1403 Notification Form Section 1: SCAQMD Procedure 5/Emergency Project Notification To be delivered directly by Selected Asbestos Remediation Contractor Contractor Name: 4 of 33 U O_ W W Asbestos Remediation Work Plan City of Palm Springs, Swim Center 405 S. Pavilion Way, Palm Springs, CA Asbestos Cement Pipe Abatement Specification 6 of 33 The following specifications are to be used on the above mentioned project by: Contractor Name: DOSH Registration No.: Accordingly,the above named CONTRACTOR is instructed to incorporate standard abatement procedures as mandated by Federal OSHA Construction Industry Standard; 29 CFR 1926.1101, General Industry Standard;29 CFR 1910.1001,Respiratory Protection Standard; 29 CFR 1910.134, CAL/OSHA Construction Indus Standard; Title 8 Section 1529 General Indust Standard; Title 8 Section 5208 hY � Industry , Respiratory Protection Standard;Title 8, Section 5144, EPA NESHAP;40 CFR Part 61,South Coast Air Quality Management District Rules 1403 and 301,and all other federal, state and local laws,rules,and regulations for the performance of the asbestos abatement and related work described below. In addition, Contractor is to follow but is not limited to the following work standards for the removal, clean-up and disposal of asbestos containing materials at the above noted location. Project Notifications Contractor shall notify the following government agencies prior to the start of work. The notifications shall be submitted as an "emergency notification" which shall be submitted as soon as possible prior to the start of work. Copies of the notifications shall be presented to the OWNER or designated representative prior to the start of work. • State of California Division of Occupational Safety and Health • South Coast Air Quality Management District,Procedure 5 and Emergency Notification Proiect Documentation The Following Documentation shall be provided to the OWNER or designated representative prior to the start of work: • Government Agency Project Notifications(SCAQMD and Cal/OSHA) • Employee EPA AHERA Training Certifications • Employee Respirator Fit Test Documentation • Employee Medical Surveillance Clearance Documentation • State of California Contractors' License(Asbestos Certified) • State of California Division of Occupational Safety and Health Registration to Perform Asbestos Related Work 7 of 33 • State of California Department of Health Services Hazardous Waste Haulers Registration(if applicable) • Proof of Workers Compensation Insurance • Material Safety Data Sheets(MSDS) for all Materials Used • South Coast Air Quality Management District Permits to Operate HEPA Equipped Negative Air and Vacuum Equipment Within fourteen(14)days of the project completion, and prior to final payment,the following documentation shall be provided to the OWNER. • Daily Project Logs • Work Area Employee and Visitor Sign In/Sign Out Logs • Copies of Waste Manifest Documents and Landfill Weigh Tickets • Copies of Employee Exposure Monitoring Records Scone of Work The scope of work shall be the removal, related clean-up and disposal of the following asbestos- containing-materials: Material Material Location Area/Comments/Quantities Description Asbestos Perimeter of Swim Center Removal of Approximately 525 Lft. / (825 Cement Pie Pool Sft.)of 6" OD pipe The above work is to be performed as follows: General Requirements Contractor shall assign respiratory protection based upon the results of background/baseline air monitoring in accordance with CCR Title 8 Section 1529 &29 CFR 1926.1101. CONTRACTOR shall be perform required daily employee exposure monitoring to accurately determine the eight hour TWA and 30 minute Excursion level of the employees within the work area. The work area(including the staging area) shall each be set-up within a single regulated area. The regulated area shall be prepared by posting required asbestos danger signs and barrier tape in a manner to protect all persons approaching the work area and preventing unauthorized entry in to the work area. 8 of 33 A clean change area shall be established immediately adjacent to the abatement areas. All asbestos containing material shall be removed in a wet manner utilizing a mixture of water and surfactants. All asbestos containing material shall remain in a wet state until sealed in waste disposal bags and/or polyethylene sheeting for disposal. Material Specific Requirements Asbestos Cement Pipe: The asbestos cement pipe removal location shall be set up as a regulated area with an attached change area. The change area shall be established immediately adjacent to the regulated area. The change area shall consist of at least one layer of six-mil thick polyethylene sheeting of a size capable of accommodating the work crew and equipment to be used. A HEPA vacuum and water shall be at the change area for personnel and equipment decontamination. The asbestos cement pipe is presently below grade and will require removal of the concrete pool deck and excavation. The pool deck will be removed by others. Prior to removal of the pool deck,the concrete decking shall be saw cut to separate the deck drain boxes from the slab. The deck removal contractor shall exercise care so as not to damage the asbestos cement drain pipe below the deck. The deck removal will be done using a backhoe, loader or similar equipment. Final excavation will be performed by the abatement contractor personnel using hand shoveling. The asbestos cement pipe shall be wetted prior to the start of removal. Place a sheet of six(6) mil thick polyethylene sheeting below each cut site to catch any debris generated by the cutting of the ACP. The pipe shall be cut using a chain break. Minimize the number of cuts made,and remove in intact sections when feasible. Care shall be taken to minimize breakage of the asbestos cement pipe. The asbestos cement piping shall be picked up and placed directly into waste disposal bags or wrapped and sealed in polyethylene sheeting for disposal. The back hoe and straps may be used to lift the ACP sections from the trench. Following removal of the asbestos cement pipe from the site, the CONTRACTOR shall perform hand excavation and/or raking to a minimum depth of 2 inches below any visible debris to find any additional debris. A HEPA vacuum and/or shovel shall be used to remove loose soil around the debris. All debris, along with surrounding soil, shall be placed directly into the waste disposal bags. This process shall continue until no visible debris is noted. Upon completion of the removal process,the raw ends of the remaining asbestos cement pipe at the west fence line shall be encapsulated with a suitable encapsulation material in preparation for new piping connections by others. 9 of 33 Clean-un and Waste Load-out Asbestos Cement Pipe Throughout the removal processes, and again following removal of the asbestos cement pipe, the soil in the entire work area shall be raked to uncover any additional asbestos cement pipe debris that may have been missed.The debris shall be removed along with surrounding soil and placed and sealed into waste disposal bags or polyethylene sheeting for disposal. A HEPA vacuum and/or shovels shall be used to remove loose soil around the debris. Clearance Criteria Asbestos Cement Pipe Upon completion of the removal and waste load-out process, the work area including adjacent areas shall pass a thorough visual inspection for residual asbestos containing debris. Upon successful completion of the visual inspection,the regulated area and change area may be removed and the area returned to the owner for continuation of the grading project. Waste Disposal Damaged or broken section of asbestos cement pipe as well as related debris shall be disposed of in a minimum of two(2)each six(6) mil thick transparent, labeled and sealed waste disposal bags or wrapped in two(2) layers of six(6)mil thick transparent polyethylene sheeting with proper OSHA labels attached. Containers of non-friable waste require only the OSHA danger labels and Owner information. All wrapped and/or sealed asbestos cement pipes shall be placed into the waste transport vehicle or container in a manner that will not result in additional breakage or damage (do not throw or drop the pipe into the vehicle or container. The asbestos cement pipe shall be manifested and disposed of as non-friable/non-hazardous asbestos containing waste. CONTRACTOR shall be responsible for the transport of all asbestos containing waste in properly licensed hazardous waste hauling containers and vehicles and disposal of the waste at an approved landfill.The landfill site selected for this project is(Refer to the SCAOMD Rule 1403 Notification Form). CONTRACTOR shall complete all waste manifest documents for the OWNERS (Generators) signature.Following is the Owner and site information: Owner: City of Palm Springs 10 of 33 3200 E Tahquitr Canyon Way, Palm Springs, CA Contact: Mr. Allen Smoot, (760)219-2528 Site: City of Palm Springs; Swim Center 405 S. Pavilion Way, Palm Springs, CA EPA ID Number: N/A The OWNER(Generator)shall be responsible for the payment of any taxes assessed on the generation and/or disposal of the asbestos containing waste. Signed: Michael A.Nieuwlandt CAC 92-0271 11 of 33 Site Diagrams s , WIWI- 'lip I Milk, "e Y t may,./��• ..,. `� � Y „ ...,. v.. Goo l� -earth _ .. e-ea t s �� Approximate Cement PipeR,` Be] ml Pool D Goggle earth r""'' - 200 meters 1i �60 Palm Springs Swim Center, 405 S. Pavilion Way, Palm Springs, CA 14 of 33 Infotox, Inc. Project No. 142073 0 w Asbestos Survey Report Asbestos Management Services, Inspections, J11111111i. G G 1409 'VWV%EFs"GS A1111111i i�ri Assessments,Specifications,Air Monitoring, A California Corporation Sampling,Analysis,Awareness Training May 17, 2014 Mr. Allen Smoot Special Projects Coordinator P.O. Box 2743 Palm Springs CA 92263-2743 Phone: (760)219-2528 e-mail: Allen.Smoot(opaltttsprings-ca.gov Subject: Commercial Structure Asbestos Survey City of Palm Springs, Swim Center 405 S Pavilion Way,Palm Springs,CA Infotox, Inc. Project# 142073 Dear Mr. Smoot: On May 5, 2014, Infotox, Inc. performed a limited asbestos survey at the City of Palm Springs, Swim Center. The survey was limited to the swimming pool deck drain piping and deck coating material. See the attached photo sheets and survey summary reports for limits of the survey and materials sampled. The survey was conducted in accordance with CAL/OSHA, EI?n ALIERA and South Coast Air Quality Management District sampling protocols using non-destructive representative sampling techniques. Michael Nieuwlandt, Certified Asbestos Consultant ft 92-0271, performed the asbestos survey. The suspect bulk material samples were delivered to an independent NVLAP approved laboratory for analysis by Polarized Light Microscopy (PLM). The method of analysis used has a limit of detection of I%. LA Testing, 520 Mission Street, S. Pasadena, CA,NVLAP Lab Code: 200232-0, performed the laboratory analysis. The phone number for LA Testing is (323) 254-9960, Attached to this letter is a prepared inspection report that identities in detail each of the collected suspect materials including sample descriptions, locations and quantities. Also included within the survey report are independent laboratory analytical results, site diagrams, photographic documentation, and inspector and laboratory qualifications. Page- I 142073i.doc 9251 Oren,Parkway,Suite J •Riverside,California 92509-0906 •(951)685-56531 Fax(951)277-3543 infotoxii sbcglobal.net California CcrtiGeitAoto�stos Consultants Asbestos containing materials are not considered a health hazard until and unless asbestos fibers are released into the atmosphere. A fiber release may occur from many causes. Common causes of fiber release include mechanical force, delamination after water damage, air movement over damaged materials,etc. Infotox, Inc. recommends that disturbance of asbestos containing materials be avoided to prevent exposure to airborne asbestos fibers, EPA(NESHAP)and South Coast Air Quality Management District(SCAQMD) regulations require that asbestos containing materials be removed from a structure prior to demolition or renovation activities that may disturb the materials. Asbestos related work must be performed by California Licensed and Registered Asbestos Abatement Contractors. Limited exceptions to this requirement are allowed by various regulatory agencies. Infotox,Inc. recommends that only California Licensed and Registered Asbestos Abatement Contractors be utilized to perform asbestos related work. If you should have any questions regarding this report,please call our office at your convenience. Thank you for the opportunity to provide you with these asbestos management services. Sincerely, Infotox,Inc_by ._• --- - Michael A.Nieuwiandt President Certified Asbestos Consultant No. 92-0271 Page-2 I42073i.doc 17 of 33 's C Survey Report Instructions How to read the "Sample Summary Reports" This report is a composite of all of the samples collected for an Infotox,Inc.asbestos survey project. The report heading lists the following information: • Page Number • Project Identification • Date of Report Printing • Report Title The Page Number is the page number of the individual report. The Project Identification is the Infotox,Inc.project number. The Date the Report is Printed is only the date the report was printed,and does not reflect the dates that the survey was conducted. The Report Title identifies the scope of the report. The words"Sample Summary Report(By Project)"mean that the report is a summary report for all of the building material samples collected on the project. The Words"Sample Summary Report(By Area)"mean this is a survey summary report with page breaks for individual survey sample areas. The words"Sample Summary Report(Asbestos Positive by Project)"mean that the report is a summary report for all of the building material samples collected on the project that were analyzed by the analytical laboratory to be asbestos positive. The words"Sample Summary Report(Asbestos Positive by Area)"mean that the report is a summary report for all of the building material samples collected on the project that were analyzed by the analytical laboratory to be asbestos positive with page breaks for the individual survey sample areas. The column headings for the Sample Summary Reports have the following meanings: PRI Priority codes for the individual samples where: Zero(0)means no asbestos was detected(Non-Detect for Asbestos). One(1)is the priority needing the most attention,and seven(7)is the priority needing the least attention for asbestos positive materials. SAMPLE This is the Infotox,Inc.assigned sample identification number for each collected bulk material sample. TYP 19 of 33 This is a code for the type of asbestos detected in the collected bulk material sample.The code descriptions may be found in the legend at the bottom of each Sample Summary Report page. TYPE of MATERIAL This is a brief description of the collected bulk material sample. The percent amount of asbestos determined by the laboratory sample analysis. COND A word identifier for the condition of the material at the sample collection location(Good,Fair,or Poor). ACCESS A word identifier for the ease with which the suspect material may be accessed(Easy,Overhead,or Special). DIST A word identifier for the potential for disturbance of the sampled material(Low,Moderate,High). COMMENTS A brief statement about the collected sample material that may include sample collection location,color, locations, quantities,and general notes. 20 of 33 Y G Sample Summary Report Page 1 Sample Summary Report (By Pmject) Project Id: 142073 Report Date: 05/17/14 PRI SAMPLE TYPE OF MATERIAL TYP 6 COND ACCESS DIST COMMENTS Area ID: PALM SPRINGS SWIM CTR plan/sheet ref N/A /B 1 0 PSSC NOTE-01 ND 0.00 GOOD EASY LOW PHOTO'S OF PALM SPRINGS SWIM CENTER POOL. PHOTOGRAPH ONLY SURVEY IN PREPARATION FOR REMOVAL OF DECX DRAIN PIPING. 7 PSSC-01 C 20.00 DOOR SPECIAL LOW COLLECTED FROM DECK DRAIN SYSTEM @ NORTH CEN- ASB£STOS CEMENT PIPE TER CATCH BASIN. APPROX 525 LFT 6"OD PIPE @ POOL PERIMETER a TO WEST BELOW CONCRETE DECK. 0 PSSC-02 ND 0.00 FAIR EASY LOW COLLECTED FROM POOL DECK S/W OF POOL. TAN COAT:AG COATING OVER CONCRETE DECK. -02,-03,-04 APPEAR TYPICAL. 0 PSSC-03 ND 0.00 FAIR EASY LOW COLLECTED FROM POOL DECK MIN OF POOL. COATING 0 PSSC-04 ND 0.00 FAIR EASY LOW COLLECTED FRCM POOL DECK HIE OF POOL. COATING Number of Samples Reported in this 1 page report is ------a 5 . Asbestos 'TYP' code legend: 'C' - chrysotile A. - amosite 'CR' - crocidolite 'TR' - tremolite 'AN' - anthopnyllite 'AC' - actinolite 'ND' - not detected Trace and amounts lees than 1% are reported as -10 22 of 33 S 'Sample Summary Report (Asbestos Positive) Page 1 Sample Summary Report (Asbestos Positive By Project) Project Id: 142073 Report Date: 05/17/14 PRI SAMPLE TYPE OF MATERIAL TYP ® COND ACCESS DIST COMMENTS ---_ ------ ---------------- --- ----- ---- ------ --__ _____--- Area ID: PALM SPRINGS SWIM CTR plan/sheet ref N/A /B 1 7 PSSC-01 C 20.00 OOOD SPECIAL LOW COLLECTED FRO% DECK DRAIN SYSTEM @ NORTE CEN- ASBESTOS CEMRNT PIPE TER CATCE BASIN. APPRO% 525 LET 6-OD PIP£ 0 POOL PERIMETER a TO WEST BELOW CONCRETE DECK. [lumber of Samples Reported in this 1 page report is ------> 1 . Asbestos 'TYP' code legend: 'C' - chrysotile A. - amosite 'CR' - crocidolite 'TR' - tremolite 'AN' - anthophyllite 'AC' - actinolite 'ND' - not detected Trace and amounts less than 1e are reported as -1a 24 of 33 N U O W W Laboratory Analysis Report LA Testing LA Testing Orde: 321407916 520 Mission Street,South Paaadona,CA 91030 CustonerlO: 32INFOSO Phone7Fax (323)254-9960 r(323)254.9882 CusloinerPO: TESTING hno:lrntw.LATestimco oasadensla6Olatesline.mn PrgmtlD: Attn: Michael Nieuwlandt Phone: (951)685-5053 Infotox, Inc. Fax 9251 Orco Parkway Recehed: 051071149:10 AM Suite J Analysis Date: 6I92014 Riverside, CA 92509 coliecteil' P l: CITY OF PALM SPRINGS SWIMMING CENTER 1142073 Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-931116 Method using Polarized Light Microscopy Non-Asbestos As6astos Sample Description Appearance % Fibrous % Non-Fibrous % Type PSSC-01 ASBESTOS Tan S096,Na)-fibrous(other) 20% Chrysotils 32teornacosr CEMENT PIPE Not-Fitrous Homogeneous PSSC-02 COATING White 3% Cellulose 97% Not-fibrous(other) None Detected 321407610-M Non-Fibrous Homogeneous PSSC-03 COATING While 3% Cellulose 97% Not-fibrous(other) None Detected 32141070/ 3 Nan-Fibrous Homogeneous PSSC-04 COATING TaMNhite 100% Non-fibrous(other) None Detected J2tla7alttA]DI Fibrous Homogeneous AnaWs) Frencene Bautista(3) Jerry Drapala Ph.D.Laboratory Manager Frandsco Moreno(1) or other approved signatory Esl3lmebda4a rprormedc4pdaraatnndmmr emtamend addMTmy fctIodehred Miss p a drc uormesiulladlarsuei,qadodl ermam nanae n paabcmlapateraaltlb6me e mare naomenf laaaYrYfea bcN la.yV Tll IincwAae P wmm,lpMfmethodi3 nm oTnueaai limitations,dlimitations,pWaW tab oY9an wmsx,yP ea.f NdoMem.lw�aparivA a erwlsadpalOn OmY es,n aalem)n emm mepoen reeep rnoam aar e.map oe>eam.mpee.m,wdlten rim p oK M scl lro sr aEebsL. Ea sBbLe e elbarn tO Jalm N Eam9WeWlyboMmMapr bwdmepmanEMSL SeipeeaaMdlnpotlpnurlenmwmbabcL saMamyp=M =dwsmndiMswebupnanLtdae R11pomnppmlllet% Sanplae anslyfad dY a Teetlnp aoM PaeeGna,U NVIM Las Cane 2eW3IQ U ELM 22e3 Initial report Gan 05109f2014 11:43:45 Test Repot PLW728.9 Primed:6/92014 11:43A5 AM 26 of 33 THIS IS THE LAST PAGE OF THE REPORT. 1 OrderID: 321407818 Asbestos Chain of Custody LATESTING elk LA Testing Order Number(Lab use Only): 520 MISSION STREET S.PASADENA.CA 91030 TESTING PHONE:(323)254-99611 3 214 7 818 v FAX:(323)254-9982 LA Teeting-Bill to:W Same U Different Company;Infotox Inc. If atn a is pWOM ride unumoms In Cuawene" Street:9261 Orco Parkway,Suite n"Party Bift ra uheswrsleneuModrarionrmmrh6d CI , Riverside I StatefProvince:CA Zi ostal Code:92509 Country:USA Report To Name: Michael Nlsuwlandt Fax#: 951-2773543 Tele hone#: 51.685.5053 Email Address: Infotox be lobal.nat i Project NamsfNumber. L y r c' c, - y�,t /y z d7 Please Provlda Results: Fax Email Purchase Order.Verbal I U.S.State Sam es Taken:CA umaround Time A O ns'—Please Check 3 Hour 6 Hour 24 Hour 48 Hour 72 Hour 96 Hour" I El 1 Week 2 Week •far nEA/A1Y3 aupueh Chow;pkurse carans, to srhedida• a CnOMObra Hour or A U A . Youlnebe WW b en ewhoAmrbn Aorm huarresenfea. AnaconvWfedin*=x%ftw wft LA TeOrmt Temp ertdCmditbnsI=W b the AnaMW Pdoe Gube. PO 'I•AlI TEM—Alr❑4-4.GhrTATwmRAcnryl TEM-Du ❑ NIOSH 7400 ❑ AHERA 40 CFR,Part 763 ❑Mlcrovac-ASTM D 5755 ❑ wf OSHA 8hr.TWA ❑ NIOSH 7402 ❑Wipe-ASTM D8480 p�LsA• Bulk(reporting IWO ❑ EPA Level II ❑CarpetSonkation(EPA OWIJ-931187 PLM EPA SDDJR-931116(41%) ❑ ISO 10312 SolllRocklVennlcullte PLM EPA NOS(41%) TEM-Bulk ❑PLM CARS 435-A(0.25%sensitivity) 1 Point Carat ❑TEM EPA NOB ❑PLM CARS 435-8(0.1%senskivky) ❑400(<0.25%)❑1DD0(<0.1%) ❑NYS NOB 198A(clan-hiable-NY) ❑TEM CARS 435-B(0.1%sensitivity) Point Count WGravlmetrlc ❑Chatfield SOP ❑TEM CARS 435-C(0.01%sensllMty) ❑400(<(126%)❑1DD0(<0.1%) ❑TEM Mass Ana sis-EPA 60D sec.2.5 ❑EPA Protocol(Semi-QuenOlaWe) ❑ NYS 198.1 grlable in NY) TEM—Water. EPA 1002 ❑EPA Protocol(QuenBlative) ❑ NYS 198.8 NOB(non-friable-NY) Fibers>10pm ❑Waste ❑Drinking Other. NIOSH 9002 41% All Fiber Sizes ❑Waste ❑Drinking Check For Positive Stop—Clearly IdenUfy Homogenous Group Samplers Name•.M.A.Nieuwlandt Samplers signature: , VolumefAres r) Datalnme Sample# Sample Description HA# Bulk Sampled �SSC-- c I B TtS C rrA cr �o a e s s/�Y —QL CO a -o -o v 1 i Client Sam le# s: C Total#of Samples: Relinquished(Client): , ale: r Time: Received(bab): Data: Time: Ct' 40 Comment Uspeelel Instruction Page 1 of I pages Cbp.tlaY.w-MOW LOG-Ia-Vne010 27 of 33 Page 1 Of 1 e Inspector and Laboratory Qualifications STATE OF CALL FOR\)A Edmond G.Brown,Jr.Governor DEPARTMENT OF INDUS"I RiAL RELATIONS Division of Occupational Saieyy and Health Asbestos unit 2424 Arden Way,Suite 495 Sacramento.CA 95825-2417 (916)574.2993 Office (916)483.0572 Fax - HapJlwti}s.dir ca enWdirdatahasrakumi aetu!YdCL5!u . 207010271C 13 July 30, 2013 Michael A Nieuwlandt 23604 Cantara Rd. Corona CA 92883 Dear Certified Asbestos Consultant or Technician: Enclosed is your certification card. To maintain your certification, you must abide by the rules printed on the back of the certification card. Your certification is valid for a period of one year. If you wish to renew your certification, you must apply for renewal at least 60 days before the expiration date shown on your card. [8 CCR 341.15(h)(1)]. Please hold and do not send copies of your required AHERA refresher renewal certificates to our office until you apply for renewal of your certification. Certificates must be kept current if you are actively working as a CAC or CSST. The grace period is only for those who are not actively working as an asbestos consultant or site surveillance technician. itPlease contact our office at the above address, fax number or email, of any changes in your contact/mailing information within 15 days of the change. Si erely, f l--- Jeff mall State of California Sen Or Safety Engineer Mision of Occupational Safety and Health Certified Asbestos Consultant Michael A Nleuwlandt Attachment: Certification Card aa� ------ !Certification No.. 92.0271 cc: File Jtpires on 07/27/14 IM wlG orsixwM bf tln Name OmgaviISW*UW1; aeV waM sot*.IIN C ft d ft nu4rR9 xW Pair s U6 Renal—Cant Attached(RoOod 10124/2012) 29 of 33 United States Department of Commerce National Institute of Standards and Technology a Certificate of Accreditation to ISOREC 17025:2005 NVLAP LAB CODE: 200232-0 LA Testing South Pasadena, CA is accredited by the National Voluntary Laboratory Accreditation Program forspecific services, ilisted on the Scope of Accreditation, for. BULK ASBESTOS FIBER ANALYSIS This laboratory is accredited in accordance with the recognrzed International Standard ISO EC i 7025:2005. This accreditation demonstrates technical competence for a defined scope and the operation of a laboratory quality management system(refer to joint IS0-/LAC-1AF Communique dated January 2009). O �p 2013-07-01 through 2014-06-30 Effective dates "u ��' For the Na-Na Insldute of Standards and Technology `flrca o1 NVCAP-01C(REV.2009-01-281 30 of 33 Photographic Documentation j Asbestos Survey Report Photographs Cin- oC Patm Springs. Swim Center - y PHOTO# 1 PHOTO#2 PHOTO # 3 Sample(s): PSSC-Note-01 Sample(s): PSSC-Note-01 Sample(s): PSSC-Note-01 yE e _ z zz +r Fs va t ( � S {F `lF ;M14 fr: 5$ PHOTO#4 PHOTO#5 PHOTO#6 Sample(s): PSSC-01 Sample(s): PSSC-02 Sample(s) PSSC-03 Page 1 32 of 33 142073pht.doc Asbestos Survey Report Photographs City of Palm Springs- Swim Ccnwr z r Not Used Not Used �a PHOTO#7 PHOTO# 8 PHOTO#9 Sample(s): PSSC-04 Sample(s): PSSC- Sample(s): PSSC- Not Used Not Used Not Used PHOTO# 10 PHOTO# 11 PHOTO# 12 Sample(s). PSSC- Sample(s): PSSC- Sample(s): PSSC- I'egc 33 of 33 142073ph I.doc City of Palm Springs, CA Procurement Contacting Division Bid Abstract BID ABSTRACT Vendor&Bid Amount Vendor&Bid Amount Vendor&Bid Amount Vendor&Bid Amount Vendor&Bid Amount CP 14-08 PROJECT NAME: P.S. Swim Center Pool Dec Replacement DUE DATE: 7/07/2014 Total of all Bid Schedule Items crJ Witnessed B . Date: