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Home My WebLink About06369 - GOLDEN VALLEY CONSTRUCTION SIDEWALK REPLACEMENT IN PARKS CITYWIDE CP 13-06 DOC # 2013-0512266 10/29/2013 08:35A Fee:NC Page 1 of 2 Recorded in Official Records County of Riverside Larry W, Ward Assessor, County Clerk & Recorder � � - �-�� 'y,�. IIIIIIIIIIIIIIiIIIIIIIIIIIIIillllllllllllllllllllllllll � 1� io g Requested MR PAGE SIZE DA MISC LONG RFD COPYReco g egnsesled By AndWhen Recorded Return To: City of Palm Springs,Attn:City Clerk 465 426 PCORNCOR SMF CHG exAMP.O.Box 2743, Palm Springs,CA W263-2743 �Z(SPACE ABOVE THIS LINE FOR RECORDING USE) TY UNI(EXEMPT FROM RECORDING FEE PER GOV.CODE§6103) NOTICE OF COMPLETION NOTICE IS HEREBY given that: 1. The City of Palm Springs,California,is a municipal corporation,organized and incorporated pursuant to the laws of the State of California. 2. The City Clerk of the City of Palm Springs is authorized and directed to execute,on behalf of said City,any and all Notices of Completion. 3. The address of the City of Palm Springs is City Hall,3200 E.Tahquitz Canyon Way,Palm Springs,California(P.O. Box 2743,Palm Springs,CA 92263-2743). 4. The public work of improvement on the hereinafter referred to real property within the city was COMPLETED on the 27a day of September,2013 5. The name of the contractors(if named)for such work of improvement was:Golden Valley Construction,2000 Executive Drive,Palm Springs Ca 92262. 6. The public work of improvement,which was completed in the City of Palm Springs,County of Riverside,State of California,is described as follows:City Project 13-06 Sidewalk Replacement in Parks Citywide. 7. Nature of Interest:Fee Owner 8. The property address or location of said property is:Desert Highland Park—480 W.Tramview Rd,Victoria Park— 2650 Via Miraleste,Wellness Park—677 E.Tachevah Rd,Ruth Hardy Park—700 Tamarisk Rd,Francis Stevens Park—538 North Palm Canyon Dr,Baristo Park—395 Calle El Segundo,Sunrise Park—450 S.Sunrise Wy, Demuth Park—4375E.Mesquite Ave,pglM$prir�S,GR. t7)(,(fl- '(T- IIA' ( 9. City Purchase Order# 1 I C,+I p -(ck No: 13-�(vl P dP eVvtP_. � NUmb�: (0969 CITY OF PALM SPRING REVIEWED BY: DATED: Park aintenance Su isor Rick Minjares BY: `C %"� DATED: v 3 Director of Public Works/City Engineer David J.Barakian 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. City C erk-James Thompson Index No. 1013 =AN��1T CITY OF PALM SPRINGS PARKS PARK NAw — APDRkSS APN Baristo Park 385 Calle El Segundo, Palm Springs, CA 92262 508-092-005 City of Palm Springs Dog Park 3200 Tahquitz Canyon Way, Palm Springs, CA 92262 502-150-005 Demuth Park 4375 E. Mesquite Avenue, CA 92264 680-020-053 Desert Highland Park 480 W. Tramview Rd, Palm Springs, CA 92262 669-330-025 Frances Stevens Park 538 N. Palm Canyon Drive, Palm Springs, CA 92262 505-325-003 Gene Autry Gateway Park 1637 N. Gene Autry Trail, Palm Springs, CA 92262 677-250-062 Ruth Hardy Park 700 Tamarisk Road, Palm Springs, CA 92262 507-170-007 Sunrise Park 450 S. Sunrise Way, Palm Springs, CA 92262 502-200-001 Victoria Park 2650 Via Miraleste, Palm Springs, CA 92262 501-590-009 Wellness Park 677 E. Tachevah Drive, Palm Springs, CA 92262 507-170-008 IIIIII IIII I 11111111111111111111111111111 II IIIII IIII IIII 10J^c0f 08�35R CITYOFPALMSPRINGS CONTRACT CHANGEORDER To: Golden Valley Construction Date: August 7, 2013 2000 Executive Drive Project No.: CP 13.06 Palm Springs, Ca 92262 Project. Sidewalk Replacement in Parks Citywide Change Order No.: One (1) Contract Purchase No.: Account Numbers: Agreement No.: NEW ITEMS-ADDITIONSIREDUCTIONS A. Additional sidewalk replacement at Sunrise Park and Demuth Parks $12,479.25 Total—Change Order Increase Amount $12,479.25 REASONS FOR CHANGES: The original engineer's estimate of the project was$97,000.00 and the agreement with Golden Valley Construction for the project is$57,036.25 which will allow the replacement of other trio hazard sidewalk areas located within Sunrise Park and Demuth Park. Chances below are based on unit prices in agreement and increases in work are below the 25%threshold. Sunrise Park= 1567 sq.ft. Additions=1567x$1.50saft(removal)=$2350.50,1567x$3.75(install)=$5876.25 Demuth Park=810 sa.ft. Additions=810x$1.50sa ft(removal)=$1215.00,810x$3.75(install)=$3037.50 Total $1247925 Note: THE CONTRACTOR HAS AGREED TO THESE CHANGES AND NO ADDITIONAL CHARGES WILL BE ADDED TO THE CONTRACT. SOURCE OF FUNDS Funds are available in account no. 260-4500-59406 Summary of Costs Contract Time Original Contract Amount: $57,036,25 Original Completion Date: September 27, 2013 This Change Order: $12,479.25 Days Added for this C.C.O. 0- Previous Change Order(s):$0.00 $ -0- Previous Days Added: -0- Revised Contract Amount: $69, 515.50 Revised Completion Date: -0- ORIGINAL Biu NOR AGREEMENT 1 I have received a copy of this Change lir:,.Ap rovkOrder and the above AGREED PRICES IAre acceptable to the contractor. Submitted by ' h V Date Z� Park aintenar ce Supervisor i I i ) �Y By Approved by �— Date Contractor. of n Valley Construction City-Engineer Date CC< < Atteste Clerk Distribution: Original Executed Copies Conformed-File Coov Contractor (1) Engineering File (1) City Clerk (1) Park Maintenance Supervisor (1) Economic Development (1) Finance (1) APPROVED BY DEPARMENT HEAD MW �Pa mq# NbM T 2 AGREEMENT THIS AGREEMENT made this -�day of, in the year 2013, by and between the City of Palm Springs, a charter ' , 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 Golden Vista Construction, Inc. dba Golden Valley Construction 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: SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO. 13-06 The Work is generally described as follows: Removal and reconstruction of damaged sidewalks and curbs in the City parks. 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 NQtba to PmC.aed 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 difficutties 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$700.00 for each calendar day that expires after the time specified in Article 2, herein. SIDEWALK REPLACEMENT IN PARKS CITYWIDE - CITY PROJECT NO. 13-08 - AGREEMENT FORM 04/11/2013 _ AGREEMENT AND BONDS-PAGE 1 ARTICLE 3 -- CONTRACT PRICE ($57,036.25) 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, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers 0 to t , 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 Engineer or the City as provided in the Contract Documents. ARTICLE 6 -- NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7 -- MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications 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. SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO. 13-06 AGREEMENT FORM 0 411 112 01 3 AGREEMENT AND BONDS- PAGE 2 IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA APPROVED BY THE CITY COUNCIL: City Clerks1/14 � .4*r3 Date APPROVED AS TO FORM: & �� Agreement No. By City Attorney APPROVED BY CITY COUNCIL Date CONTENTS APPROVED: By Meet City Engineer Date Bye City Manager Date SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO. 13-06 AGREEMENT FORM 04111/2013 - AGREEMENT AND BONDS- PAGE 3 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. CONTRACTOR: Name: Check one: _Individual_Partnership _Corporation iii By: Signature notaahzed)(!Q Name: Title:_ 4L (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_C� t' State of 1`llfdyf(y/ ( c C County of—1 L 1 ss County of i-SS On 01e (15)h-D13 On 60 tl1 (7-0 before me,7At2Ld�G,cuat, 9. before me,—4.42,d.c£w r IUL4,, Ltu44W personally appeared l' CAAtL 4�,hl yf 121 personally appeared AtA1P,,?ev, 72t a&AAc r Who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory evidence to be the personk4 whose name,(s°j evidence to be the person(s)whose name,(s`il" SS)" subscribed to the within instrument and subscribed to the within instrument and acknowledged to me that(�7e)oe/th6y executed acknowledged to me that 06sh /ttldy executed the same i hi t} r/thKir authorized capacity(i�), the same in hf he their authorized capacityO, and that by is /thp# signaturesK on the and that by her/beir signature9{s) on the instrument the personk4), or the entity upon instrument the person or the entity upon behalf behalf of which the persoriK)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: MELODY AMOK S.SWINDELL Notary Seal: MELODY AMOR S. SWINOELL Commission M 1956054 Commission• 1956054 Notary Public•CaRlornia Notary Public-Calitomia LOS Angeles County Los Angeles County omg Comm.Expires Oct 10,2015 r M Comm-Wires Oct 10,2015 SIDEWALK REPLACEMENT IN PARKS CITYWIDE AGREEMENT FORM CITY PROJECT NO. 13-06 - AGREEMENT AND BONDS-PAGE 4 04/11/2013 PUBLIC WORKS CONTRACTS BID RESULT CHECK LIST FOR CITY CLERK OFFICE: AGR# AMOUNT City Project No: Mo# DATE Dates Published: DIV IND APP NOTICE Y ❑N ❑ Bid Date & Time: 1172aV .2/ dD/,3 PROJECT: r *SUCCESSFUL: 1. Z-,) Fh/ �/a//P�. t oezW&Oc 'cw 6. k4l; & l La:E4&I 2. JZ•�n �nGf 7. G 3. _J-P-19 8. s. ��/1�^ _ lance c�c�i? 10. / ara/J f�Lr�lrrnr/T ear 37.-' INCOMPLETE BIDS: t)e6� f /J /1/ii f 1( ( CL/lG(/YI/A�i� J�, r /5 (Non-responsive) WHY: ac CONTRACTOR BACKGROUND CHECK: . Required? Y ❑ N ❑ (ArrACH IE REoumm) Affidavit of Non-Collusion Signed & Notarized? Y N ❑ Information required of bidder page completed? Y ON ❑ Type & Amount of Insurance Required: Cfe e_ jrl_� 9— DRAM AWO g ARE SPEC ") ,� Contractors License No. 7 rl .2 V 9 Type(s) �" Status Yt6 f/� No. of days to complete work Working Calendar Estimated Start Date: _B-S C3 Estimated Completion Date: _/O - ?- 1.3 No. of days in which to execute contract after Notice of Award (date City Clerk transmits contracts for execution): Davis-Bacon Exhibits (Specify Exhibits to be completed by Contractor?) Any Addenda? Y lJ N D No. Addenda Signed by Contractor? Y ETN ❑ BONDS: `PERFORMANCE BOND /Db % PAYMENT BOND OO % CORRECTION REPAIR BOND % ':BID BONDS: BLANK BID SPECS. :Successful Bidder: #' CASHIER'S CHECK? Y ❑ N ❑ DEPOSITED IN T & A? Y ❑ N ❑ Five (J) extra Sets Of bid 'Unsuccessful Bidders: specifications for contract execution CASHIER'S CHECKS? Y ❑ N ❑ DEPOSITED IN T & A? Y ❑ N ❑ Attached: Y ❑ N ❑ Which Contractor(s): ❑ Provided Previously DO SPECS & AGREEMENT FORM REFERENCE: Public Contracts Government Code Sec. 2233//00 Y N ❑ Labor Code 17gq77//55 Y N ❑ Labor Codd A Y N ❑ California Standard Specifications EDITION p Standard Specifications for Public Works Constructions Ol Z_ EDITION DATE: ��D �� BY: �i1n &� 6,y DEPT: � Check a License - License Detail - Contractors State License Board Page 1 of 2 Contractors State License Board Contractor's License Detail - License # 776249 L_.s 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 7124.6) 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 A 7 , 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 may be relevant information that has not yet been entered onto the Board's license database. License Number 776249 Extract Date 7/8/2013 GOLDEN VISTA CONSTRUCTION INC dba GOLDEN VALLEY CONSTRUCTION Business Information Business Phone Number:(661)940-9914 44815 FIG AVENUE SUITE 117 LANCASTER,CA 93534 Entity Corporation Issue Date 0 3/1 512 0 00 Expire Date 03/31/2014 ACTIVE License Status This license is current and active. All information below should be reviewed. CLASS DESCRIPTION Classifications A GENERAL ENGINEERING CONTRACTOR CONTRACTOR'S BONA __ .. . . This license fled a Contractor's Bond with AMERICAN CON TRAC7ORS INDEMNITY COMPANY. Bond Number: SC1026186 - Bond Amount: $12,500 Effective Date: 03/02/2009 Bonding Contractor's Bond History BONE)OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer(RMO) EMERSON MICHAEL 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: 03/15/2000 Workers'Compensation WORKERS'COMPENSATION https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/L icenseDetail.aspx?LicNum=776... 7/8/2013 Check a License - License Detail - Contractors State License Board Page 2 of 2 This license has workers compensation insurance with AMERICAN GUARANTEE FlND LIABILITY INSURANCE COMPANY Policy Number:WC966130501 Effective Date: 1 010 1/2 01 2 Expire Date: 10/01/2013 Workers'Compensation History PerScr.❑eel List Conditions of Use I Privacy Policy Copyright©2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheekLicenseII/LicenseDetail,aspx?Li eNum=776... 7/8/2013 City of Palm springs, CA Procurement Cor*acthg Divdw Bid Abstract BID ABSTRACT Vendor& Bid Amount Vendor&Bid Amount Vendor& Bid Amount Vendor&Bid Amount Vendor&Bid Amount PROJECT NO: CP 13-06 - e G PROJECT NAME: 3 Sidewalk Replacement in Parks Citywide. DUE DATE: 6/21/2013 3 S o0 Total of all Bid Schedule Items Witnessed By: Date: i City of Palm Springs, CA Pmcwe t Cmtracdng Division Bid Abstract BID ABSTRACT Vendor&Bid Amount Vendor&Bid Amount Vendor&Bid Amount Vendor&Sid Amount Vendor&Bid Amount A PROJECT NO: CP 13-06 PROJECT NAME: Sidewalk Replacement in Parks Citywide. DUE DATE: 5/21/2013 Total of all Bid Schedule Items Witnessed By: Date: City of Palm Springs, CA PMWu tContn3"DlW Bid Abstract B I D ABSTRACT #Vendor& nt Vendor& Bid Amount Vendor&Bid Amount Vendor&Bid Amount Vendor&Bid Amount PROJECT NO: CP 13-06 c PROJECT NAME: Sidewalk Replacement in Parks Citywide. DUE DATE: 5/21/2013 l Total of all Bid Schedule Items Witnessed By: Date: BID DOCUMENTS Only the following listed documents, identified in the lower right comer as 'Bid Forms" and reproduced on colored paper, shall be fully executed and submitted with the Bid at the time of opening of Bids. Bid (Proposal) Bid Schadule(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. SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO.13-06 COVER SHEET 04111/2013- BID FORMS-PAGE I 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: SIDEWALK-REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO. 13-06 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 bylaw. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will fumish 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 1. Date 5 - 15 • 2 0 r Z) 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 at 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 workers 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 SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO.13-06 - BID (PROPOSALI 04/1112013 BID FORMS-PAGE 2 Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefore the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). Dated: S 21- 2013 Bidder: Goldcr� valley Cons-'iruc4iort By: � (Signature) Title: Gan Cr o,A "CLn 0.0 c r SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO.13-06 - - BID(PROPOSAL) 04/1 112 01 3. - BID FORMS-PAGE 3 BID SCHEDULE A Schedule of Prices for the Construction of the: ' SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO. 13-06 Desert Highland Park—480 W. Tramview Rd. in Palm Springs, California. Ito Description Estimated Unit Unit Amount m Quantity Price No. 1. Initial Mobilization --- LS $ o0 20Ci. 2. Traffic Control - LS c 0 $ 100 - 3. Remove Existing PCC Sidewalk 280 SF $ I s0 $ .:.I 2C} Do l 4. Construct 4° PCC Sidewalk 280 SF $ $ I C}O Cn TOTAL OF ALL ITEMS OF THE BID SCHEDULE: / v $ I `l '1 © 00 (Price in figures) O C/ C�r,e +ho� sa>,d Seven 1-,�r,drec� seen_�,11n_�s � +op (Price In words) GC) C1eR VNid-dy ConS�rXc+% cr-L Name.of Bidder or Firm SIDEWALK REPLACEMENT IN PARKS CITYWIDE - CITY PROJECT NO.13-06 UNIT PRICE BID SCHEDULE 04/1 V2013 BID FORMS-PAGE 4 BID SCHEDULE B Schedule of Prices for the Construction of the: SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO. 13-06 Victoria Park—2650 Via Miraleste in Palm Springs, California. Ite Description Estimated Unit Unit Amount m Quantity Price No. 1. Initial Mobilization --- LS $ 2 O c-0 2' Traffic Control. --- LS $ 0 0 1 CC . 3' Remove Existing PCC Sidewalk 270 SF $ 1 r;p $ 4. Construct 4" PCC Sidewalk 270 SF $ 3.�5 $ ie12 .so TOTAL OF ALL ITEMS OF THE BID SCHEDULE: $ 4 -t 1 1- 5O (Price in figures) one -kho>Jscir"� seven hur)(Are8' w- s (Price in words) C-,Arlen 'Valley C�ns�r�c+ion Name of Bidder of Firm SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO.13-06 UNIT PRICE BID SCHEDULE 0M1112013 BID FORMS-PAGE 5 BID SCHEDULE C Schedule of Prices for the Construction of the: SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO. 13-06 Wellness Park— 677 E. Tachevah Dr. in Palm Springs, California. Ite Description Estimated Unit Unit Amount m Quantity Price No. 1 Initial Mobilization - -- LS $ or> 20C . 2. Traffic Control --- LS c c $ 3' Remove Existing PCC Sidewalk 110 SF 1 50 Cr $ $ I �oS. 4' Construct 4" PCC Sidewalk T110 SF $ 3 , 5 $ ,�1 so TOTAL OF ALL ITEMS OF THE BID SCHEDULE: $ 8� �• 5O (Price in figures) Eiglh � F,tAnckYeA Sevcn4 , Seven 5ciloo (Price in words) Golder)n Vd11ev Cor,s+ etjc,F-Ion Name of Bid er or Firm SIDEWALK REPLACEMENT IN PARKS CITYWIDE - CITY PROJECT NO.13-06 - UNIT PRICE BID SCHEDULE 04/11/2013 - BID FORMS-PAGE 6 BID SCHEDULE D Schedule of Prices for the Construction of the: SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO. 13-06 Ruth Hardy Park—700 Tamarisk Rd. in Palm Springs, California. Its Description Estimated Unit Unit Amount In Quantity Price No. 1. Initial Mobilization --- LS or $ z00_ 2. Traffic Control --- LS o 0 $ 1 O C;. 3. Remove Existing PCC Sidewalk 930 SF $ ) 5 O $ 1 4' Remove Existing PCC Barrier Curb 310 LF 00 �a v 6' Construct 4" PCC Sidewalk 930 SIF 6. Construct 6" PCC Barrier Curb 310 LF $I(o a o g(n0 $ y o0 TOTAL OF ALL ITEMS OF THE BID SCHEDULE: $ ✓ (Price In figures) Eleven +hCu-SCL"d +hree 1 Liridv-eC1 e,lgh+v +wc, cko0o..rs oo (Price in words) CC Golden Vn11ev Co s+rLlc} ion Name of Sidde or Firm SIDEWALK REPLACEMENT IN PARKSCITYWIDE CITY PROJECT NO.13-06 - - UNIT PRICE BID SCHEDULE 04/11/2013 - BID FORMS-PAGE 7 BID SCHEDULE E Schedule of Prices for the Construction of the: SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO. 13-06 Francis Stevens Park—538 N. Palm Canyon Dr. in Palm Springs, California. Ite Description Estimated Unit Unit Amount Im Quantity Price No. 1' Initial Mobilization - LS $ 2CC - 2. Traffic Control --- LS r, $ i CC. 3' Remove Existing PCC Sidewalk 650 SF ) S0 oo 4. Remove Existing PCC Curb & Gutter 50 LF $ .c c $ 30 O. ° 5` Remove Existing PCC Barrier Curb 390 LF $ ; c o $ , 5 Ko C. CIO 6. Construct 4" PCC Sidewalk 650 SF 5 7. Construct 6" PCC Curb &Gutter 50 LF c,o c o d $ $ 12UG. 8. Construct 6" PCC Barrier Curb 390 LF $ l oc TOTAL OF ALL ITEMS OF THE BID SCHEDULE: / $ t '2s, O12. SO 1/ (Price in figures) �1lIY- t n welve eloljor S S SG�ioC� (Price in words) Golden Va,lit Corns+r AC.+ Ior-L Name of Bidde or Firm SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO.13-06 - UNIT PRICE BID SCHEDULE 04/11/2013 - BID FORMS-PAGE 8 BID SCHEDULE F Schedule of Prices for the Construction of the: SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO. 13-06 Baristo Park—385 Calle El Segundo in Palm Springs, California. Ite Description Estimated Unit Unit Amount m Quantity Price No. 1 r Initial Mobilization --- LS $ 200. 2. Traffic Control -- LS c o $ t GC- 3. Remove Existing Sidewalk 505 SF $ 1 .5C+ $ 15'q . SG 4' Remove Existing Curb & Gutter 50 LF $ oc $ EGG or ✓ 5. Constrict 4" PCC Sidewalk 505 SF $ $I S Ci 3 -15 ✓ 6. Construct 6" PCC Curb & Gutter 50 LF $ ( � oo $ $00 o a TOTAL OF ALL ITEMS OF THE BID SCHEDULE: $ '--I O 51 � 2 (Price in figures) 1'oQr +V-)0O50.118 �S } one dollara 8 2- 51 co (Prim in words) G3o) r� e1, Vallev Coc�S}rL1C+lorL Name of Bidder or irm SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO. 13-06 - UNIT PRICE BID SCHEDULE 04/11/2013 - BID FORMS-PAGE 9 BID SCHEDULE G Schedule of Prices for the Construction of the: SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO. 13-06 Sunrise Park- 450 S. Sunrise Way in Palm Springs, California. lte Description Estimated Unit Unit Amount m Quantity Price No. 1' Initial Mobilization - -- LS $ co 2CC. 2. Traffic Control - -- LS c c $ t CC 3' Remove Existing PCC Sidewalk 3,000 SF ($ gp $ H O 4' Construct 4" PCC Sidewalk 3,000 SF $ '�., 5 $ 1 1,2 SC,00 TOTAL OF ALL ITEMS OF THE BID $ (Price in figures) $ 1 .ni e -+Y,o�sar,c� c\c) a S �� c oli 00 (Price in words) Golden V all e� Cons}ruc+i On Narn . Bidder r Firm SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO.13-06 UNIT PRICE BID SCHEDULE 04/11/2013 - BID FORMS-PAGE 10 BID SCHEDULE H Schedule of Prices for the Construction of the: SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO. 13-06 Demuth Park—4375 E. Mesquite Ave. in Palm Springs, California. ite Description Estimated Unit Unit Amount m Quantity Price No. Initial Mobilization --- LS co $ 200. 2. Traffic Control --- LS o c $ 3" Remove ExistingPCC Sidewalk 1,500 SF $ 1 .50 $ 2 2 5C.00 r/ 4' Construct 4" PCC Sidewalk 1,500 SF $ 3 ,5 $ S251.00 (/ TOTAL OF ALL ITEMS OF THE BID SCHEDULE: $ F51 l5 . (Da (Price in figures) EiGI�� +h��scthcl o1, e lr)""drea SCNCV) Vy "�ive CJo11arS 3, c��l00 (Price in words) TOTAL OF ALL ITEMS OF THE BID SCHEDULES A, B, C, D,E, F,G,and H/(basis of award): $ 52 , 2� � 57039 . )- gures) s •� �y iwo +housonc� �,1 ;, e l�y+lcLre� Cig6+, si Y. Ao1larS -siloo Price in words QUANTITIES OF WORK: The quantities of work or material stated in the unit price items of the Bid Schedule are supplied only to give an indication of the general scope of the Work. The City does not expressly nor by implication agree that the actual amounts of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any unit price bid item, by an amount up to 25 percent of increase or decrease,without a change in the unit prices, and shall have the right to delete any bid item in its entirety,'and receive full credit in the amount shown in the Bid Schedule for the deleted item of Work. Golden VcL11cy Cons+ruc}ion Name of Bidder or Firm SIDEWALK REPLACEMENT IN PARKS CITYWIDE - CITY PROJECT NO. 13-06 UNIT PRICE BID SCHEDULE 04/1112013 BID FORMS-PAGE 11 INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100, et seq., of the Public Contract Code, the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractors 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 50% of the Work identified in this Bid. In the event a Bidder lists subcontractors who Will perform Work under this Bid in excess of 50% 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: rgC�4shall not be less than 50%). Contractor's Percent License of Total Work to be Performed Number Contract Subcontractor's Name & Address 1 t�10 &_Abcoi'Jr actors 2. 3 4 5. SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO.13-06 - LIST OF SUBCONTRACTORS D4H 1/2013 - BID FORMS-PAGE 12 LOCAL BUSINESS PREFERENCE PROGRAM - GOOD FAITH EFFORTS City Project No.: 13-0cc Bid Opening Date "o,y 2 1 . 20 1 3 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: tJo Con+ rCkC1 Ur S Local firms that will furnish materials or supplies to the Bidder for this project: P.SSOCIQA ed Reach crck C itLA CON-)St1'L1 cL ieS LOCAL BUSINESS PREFERENCE PROGRAM SIDEWALK REPLACEMENT IN PARKS CITYWIDE - GOOD FAITH EFFORTS CITY PROJECT NO.13-06 BID FORMS-PAGE 13 04/11/2013 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 good faith efforts to do so. 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 ►`10 Sib Cone r a c+or s 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 T lc e rck.c-VorS LOCAL BUSINESS PREFERENCE PROGRAM SIDEWALK REPLACEMENT IN PARKS CITYWIDE GOOD FAITH EFFORTS CITY PROJECT NO.13-06 BIO FORMS-PAGE 14 04/11/2013 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 (YIN) �C S rc\C Cr �� D. The names, addresses and phone numbers of rejected local firms, the reasons for the bidders 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 bidders rejection of the local firms: tJ o S v b ccr,-4 r c>`cJ+C-Y S Names, addresses and phone numbers of firms selected for the work above: tJ0 Sib C0v-, 'r Cyr',- r, NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. LOCAL BUSINESS PREFERENCE PROGRAM SIDEWALK REPLACEMENT IN PARKS CITYWIDE GOOD FAITH EFFORTS Bip FORMS-PAGE 15 CITY PROJECT NO.13-08 0411 112 01 3 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of iP d c ) I, t 1 1L e 1 1 c n z being first duly swom, deposes and says that hecp*peis GcncrC0 t 1ar agCr of Gctdcri V0.1Iey LC:nS'trw(4tc'rl the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham .Bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in-the proposed Contract; that all statements contained in the Bid are true; and, further, . that the Bidder has not, directly or indirectly, submitted his or her Bid price, or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any.corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid. Bidder Gold cn Vo_llty COnSlruc+ton By M11LC- Hors Z TMe C'1ehr_-ro..1 t-�alzaoer Organization Gu%6cn v0.Ale constn-IC11 n Address �i 915 -i A e_"k cr Pctr V-y-ay t # 4 IncL10 Ca 922C1 SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO.13-06 NON-COLLUSION AFFIDAVIT D4/11/2013 BID FORMS-PAGE 16 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: Golden Vct11e�j C or -Fr %C_+_%ors Indio CA 92201 2. CONTRACTOR'S Telephone Number: Facsimile Number: (-i r o ) n s- (fl s o 2 3. CONTRACTOR'S License: Primary Classification State License Numbers) "1 1 ro 2-1 9 Supplemental License Classifications tit o r, e 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety r for+h AMn _Vico_" 'speciaA+� lnsuranc-r Co. Address 100 Rine SFrrai 2200 5 o.r, 1-r a n n S C o C to 9 4 11 1 Surety Company t-1 6 M c G ow c-r, & P s so ci a I ec� Telephone Numbers: Agent(-+1s) s a 2 - i c so Surety( 8-1-1) 2-)3 - 12 G�I 5. Type of Firm (Individual, Partnership or Corporation): C or�or a +i on 6. Corporation organized under the laws of the State of: C o0 i o v r'_I o- 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: Michael Emerson Pres d t r-L+ SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO.13-06 BIDDER'S GENERAL INFORMATION 04111/2013- BID FORMS-PAGE 19 BIDDER'S GENERAL INFORMATION (Continued) 8. Number of years experience as a contractor in this specific type of construction work: 30 y e oar s . 9. List at least three related projects completed to date: C; of a. Owner cDv' orhe a Address Contact Go,d on Fi s1-,cr Class of Work A. c en s c Phone-i 60• so 1. 8121 Contract Amount 24 q 6 sk. o 0 Project De Oro Pnx k, Date Completed 4 - I 20 1 -�s Contact Person — Telephone number off- b. Owner n Address 10o Civic Ceni-er Mo-11 Contact Eric. W e r ti- Class of Work p L; tens e Phone-6o.3g1- -401-1 Contract Amount 0. 00 Project 61`10 Date Completed r 1 201 2 Contact Person Telephone number C. Owner w e s s. cx n Address 5s6 S ri r i s e Contact Mario Caonznje s Class of Work A- " r �e Phone,ro- g H g- 1 i c o Contract Amount -1 a , , y q-I. Do Project C hD s e P 1 h c e Date Completed 8 - 1 - 2011 Contact Person _ Telephone number — 10. List the name and title of the person who will supervise full-time the proposed work for your firm: M k e 1 1 0 n Z- 11. Is full-time supervisor an employee contract services V/? 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 Engineer. SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO.13-06 BIDDER'S GENERAL INFORMATION 04/11/2013 - BID FORMS-PAGE 20 BID BOND KNOWALL MEN BY Ttw=PRESENTS, That Golden Vista Construction,Inc.dba Golden Valley Constructionas l and North American Specialty Insurance Company as we� mid firmly bound ur>to the M of Patin SWnA MMMSIW taped the gggr h the sun of: Ten(10%)Percent of Bid Amount- - d0M (riot less Crn 10 POWM ofthe 110101.0nomd of the b)* fbr the PrAywd of which sun, wall and V*to-be made, we bind of MdM, ow fWm woeadas, rtWMO*M suooemeorm,'mird eamlyrM. and theme 1�Y Y,1�Y�' presents. WAREAS,said Prh*al I'M subrrdaed a SId 0 aakl CRY 10 Perform the work undsr ft requuad Bid Scltedub(s)otthe CAYs CarrtradDotparlwftstdlfled: SIDEWALK REPLACEMENT IN PARKS CITY1011M CITY PROJECT NO.%06 NOW THEIiEFORC,6 saki PrVtGpel is awarded a Contract by saki Gty,and vdCrlrr the tune and in CIs merman required in the Tam IrWnp Bids' end the*kISbUOt M W Bidders'enure info a W ten Apreemmnt on to Form of Agrewnerd bound me said Coshed Doolummnb, rymyshea he Mquked CWrOdlila of Inctuanbe.aM fiutllahes Cie Mqutrod PerfOmWm Bored and Payment Bond,then this ob%apon shall be null and vdd;oftl&Wn it snap remaln in ftd tome and eit'ect. in Ole ewd auit Is b *ht WM this Bond by ae(d City,and City prevaib,saki Sur*shall pay a1 casts Incurred by said +My!h MM$4 kxWlnp a Mswnabie abMeys.fee m'be had by the e0u't tM�[a EOANDSEW.ED,tlds 21st day of May 210178. PRINCIPAL me awolur �moweamatihehbw'ggo, titX,rliwtareeaap�omelt,aryvraPreaaseAWL Asiansu wuww.aral4triww4Nomen} Gp7sftfftm ;TM@: .d ey Construction SUJMW . North American Specialty Insurance Company { G a OTARIPF� v,� Sq�mamMaTAR¢EOl P*d Nei and TH1e PIW NO=mid TWe Donna J.Frowd,Attorney-in-Fact $0l10i"PM CELO PIN PARIQ.CrrywME OIIYPROAHC7f 1a'M e'a POND WD SFOUft"FORM OM1t170fa B13 FORMS•PABa 18 ALL-PURPOSE ACKNOWLEDGMENT State of OAIJ E:: A 1[ 4 County of d?l Vr�l DE On LJAM --A.7OUR> before me,AM M. NaVOrVQ - puguc- Date �L Name,Title of Officer personally appeared NAME(S)OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person(of whose name istam subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisAwltheir authorized capacily(ies), and that by hlsAwfAheir signatures(sjon the instrument the personK,, or the entity,upon behalf of which the persorj acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct Witness my hand and official seal. Signature of Notary COMM.112WOM NOTARY PLOW* tS RNERSIOE COUNTY d comipkn 1�3,1017 ATTENTION NOTARY. Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to unauthorized document THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages_DATE of DOCUMENT DESCRIBED AT RIGHT. Signer(s)Other Than Named Above SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO.13-06 NON-COLLUSION AFFIDAVIT 04/11/2013 SID FORMS-PAGE 17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of MARIN On May 21, 2013 before me, Donna L. Welsh Notary Public, personally appeared Donna J. Frowd who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/af'iasubscribed to the within instrument and acknowledged to me that ke/she/they executed the same in Isis/her/their authorized capacity0es), and that by his/her/dlaoir signature(,$) on the instrument the person(sx), 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. (seal) Signature d U♦ norm PUE i0,c�iF0WA \.� �M1ry CommN� rssern__. . e:il+er 5,pp'I] 'i NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: MICHAEL B.McGOWAN,SUSAN J.McGOWAN,DONNA L.WELSH, DEBBIE L.WELSH and DONNA J.FROWD JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9'of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate hearing such facsimile signatures or facsimile seal shall be binding upon ,,.�ytyylheee Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." "'� GNAI F BY 'fAdEAL t S� D Stevn P.Aade WePmiar Vke PrmWA aS,,egroaraferoadPnallvpa Campam 1 SF.AI. '�S/ IM &Smlar Vke Prpideat or NorLL Amerime SpmiaNy lomnnm Company J By nand M.Layman,Vke Pt eni oof W�aehinaloo Ina nati oA lommm Compva &Vitt Pomid ar Nor Amon SpaWry tomranm Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this26th day of June .2012. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 26dr day of June 201.2 before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. `O�(QA1e38AL` DONNA D.SKIENS �Camm4doo& i Publice Soft o 101inals Donna D.Sklens,Notary Public I, Jeffrey Goldberg=the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a time and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 21 shay of May 20 13 Jeffrey Goldberg.vice Pmti t k Aosmt Sememy of Wmldngtna InknutimW Jummae Company a NoM American Specialty Wmanm Cmn ony CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CML CODE S 1189 State of California /J , /�� County of dos hta� D''/, On M vv j before me, e (ray . /V vr�fif /l w , It Date' Here InWO Name and Title of Md Officer personally appeared /�r I�YI� r C Coto_ 4Yt Nama(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose nameO)(Plere subscribed to within instrument and acknowledged t me that h&shekhey executed the same in it authorized capacity(io), and that by i it signaturell on the instrument the L.DRANOw persono), or the entity upon behalf of which the CttatwNWp i 1859627 person(ill) acted, executed the instrument. Mmrry ro t:-cal t9rain uE AMPIN COWRY Mom Dot 6.2015 1 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: A24"e ic Place Notary Seal Above of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Dgcumgnt Title or Type of Document: f�t &l Document Date: f Number of Pages: ll Signer(s) Other Than Named Above: GL Capacity(ies) Claimed bySigner(s) Signer's Name: fv"u t.K R mot_• �f �1/�1T' 1 Signer's Name: O'Corporate Officer — Title(s): PrC 5L.d.e4t-4' ❑Corporate Officer — Title(s): ❑ Individual MOM ❑ Individual ❑ Partner— C Limited ❑General Top of thumb hie ❑ Partner — ❑ Limited ❑General T of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Cons for ❑ Other: ❑Other: Signer Is Representing: Sign s Representing: ®2010 National Notary Association•NaticnalNotary.org-1-800-US NOTARY(1-800-876-6827) Item#S 07 CITY OF PALM SPRINGS NOTICE INVITING BIDS For constructing SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO. 13-06 N-1 NOTICE IS HEREBY GIVEN that sealed bids for the SIDEWALK REPLACEMENT IN PARKS CITYWIDE will be received at the office of the Procurement and Contracting Manager of the City of Palm Springs, California, until 3 P.M. on May 21, 2013, at which time they will be opened and read aloud. N-2 DESCRIPTION OF THE WORK: The Work comprises the removal and reconstruction of damaged sidewalks and curbs in the City parks. The engineer's estimate is $97,000. 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 on the basis of the total sum of Bid Schedules A, B, C, D, E, F, G, and H, 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. N4 BID SECURITY: each bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of 10 percent of the total bid price, payable to the City of Palm Springs. N-5 BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a period of 60 calendar days from the date of bid opening. N-6 CONTRACTOR'S LICENSE CLASSIFICATION: The Contractor shall possess a valid Class A or C8 Contractor license at the time of submitting bids. 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. 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 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: (a) Contract Documents may be inspected without charge at the office of the City SIDEWALK REPLACEMENT IN PARKS CITYWIDE NOTICE INVITING BIDS CITY PROJECT NO. 13-06 PAGE 1 04l11M013 Engineer, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. (b) Complete sets of said Contract Documents may be purchased at $15.00 per set by cash, check or credit card and are obtainable from the City of Palm Springs Engineering Department, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. No refund will be made of any charges for sets of Contract Documents. Make checks payable to "City of Palm Springs". (c) An additional mailing fee of $5.00 will be charged for sets of documents sent by mail. Overnight, Federal Express, or other methods of delivery shall be the responsibility of the Bidder. If you have a FedEx No. or an On-Trac No, include that in your correspondence. If you do not have either of these, please include the mailing fee in your check for Bid Documents to cover the cost of shipping. If you have any questions, please call the Engineering Secretary @ (760) 323-8253 x 8738 or by e-mail at kim.liconna.pal mspdngsca.gov. (d) Obtaining Bid Documents and registration as a Bidder: If you are interested in submitting a bid, Bidders shall contact Kim Licon, Engineering Secretary, by e-mail at kim.licon@palmspdngsoa.gov, or by phone at (760) 323-8253 x 8738, 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 to submit a Bid; failure to register may be cause to find a Bid non-responsive. (e) Bidders shall obtain Bid Documents from the City of Palm Springs. The Bid Forms found in the original Bid Documents shall be removed from the bound Bid Document and used to submit a bid. (f) This Notice Inviting Bids, the Plan Holders List, and other related information for this project can be found on-line at the City's webpage at www.palmsprings- ca.gov/index.aspx?page=85. (g) All questions about the meaning or intent of the Bid Documents are to be directed to the City Engineer. Questions shall be submitted in writing to: George Farago, Associate Civil Engineer, by fax to (760) 322-8325, or by e-mail to George. Farago@palmspringsca.gov. Questions must be submitted by 2:00 PM on May 14, 2013. Questions received after this date will not be accepted. N-10 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. N-11 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 and Contracting Manager at 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. The envelope shall be plainly marked in the upper left hand comer SIDEWALK REPLACEMENT IN PARKS CITYWIDE NOTICE INVITING BIDS CITY PROJECT NO. 13-06 PAGE 2 0 4/1 112 01 3 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 �� ..� Date David J. Barakian, PE Director of Public Works/City Engineer SIDEWALK REPLACEMENT IN PARKS CITYWIDE NOTICE INVITING BIDS CITY PROJECT NO. 13-06 PAGE 3 04/11/2013 CITY OF PALM SPRINGS NOTICE INVITING BIDS For constructing SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO. 13-06 N-1 NOTICE IS HEREBY GIVEN that sealed bids for the SIDEWALK REPLACEMENT IN PARKS CITYWIDE will be received at the office of the Procurement and Contracting Manager of the City of Palm Springs, California, until 3 P.M. on May 21, 2013, at which time they will be opened and read aloud. N-2 DESCRIPTION OF THE WORK: The Work comprises the removal and reconstruction of damaged sidewalks and curbs in the City parks. The engineer's estimate is $97,000. 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 on the basis of the total sum of Bid Schedules A, B, C, D, E, F, G, and H, 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. N4 BID SECURITY: each bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of 10 percent of the total bid price, payable to the City of Palm Springs. N-5 BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a period of 60 calendar days from the date of bid opening. N-6 CONTRACTOR'S LICENSE CLASSIFICATION: The Contractor shall possess a valid Class A or C8 Contractor license at the time of submitting bids. 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. 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 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: (a) Contract Documents may be inspected without charge at the office of the City SIDEWALK REPLACEMENT IN PARKS CITYWIDE NOTICE INVITING BIDS CITY PROJECT NO. 13-06 PAGE 1 04/11/2013 Engineer, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. (b) Complete sets of said Contract Documents may be purchased at $15.00 per set by cash, check or credit card and are obtainable from the City of Palm Springs Engineering Department, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. No refund will be made of any charges for sets of Contract Documents. Make checks payable to "City of Palm Springs". (c) An additional mailing fee of $5.00 will be charged for sets of documents sent by mail. Overnight, Federal Express, or other methods of delivery shall be the responsibility of the Bidder. If you have a FedEx No. or an On-Trac No, include that in your correspondence. If you do not have either of these, please include the mailing fee in your check for Bid Documents to cover the cost of shipping. If you have any questions, please call the Engineering Secretary @ (760) 323-8253 x 8738 or by e-mail at kim.licon(a-)Dalmsi)d ngsca.gov. (d) Obtaining Bid Documents and registration as a Bidder: If you are interested in submitting a bid, Bidders shall contact Kim Licon, Engineering Secretary, by e-mail at kim.licon@palmspdngsca.gov, or by phone at (760) 323-8253 x 8738, 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 to submit a Bid; failure to register may be cause to find a Bid non-responsive. (e) Bidders shall obtain Bid Documents from the City of Palm Springs. The Bid Forms found in the original Bid Documents shall be removed from the bound Bid Document and used to submit a bid. (f) This Notice Inviting Bids, the Plan Holders List, and other related information for this project can be found on-line at the City's webpage at www.palmspdngs- ca.gov/index.aspx?page=85. (g) All questions about the meaning or intent of the Bid Documents are to be directed to the City Engineer. Questions shall be submitted in writing to: George Farago, Associate Civil Engineer, by fax to (760) 322-8325, or by e-mail to George. Farago@palmspdngsca.gov. Questions must be submitted by 2:00 PM on May 14, 2013. Questions received after this date will not be accepted. N-10 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. N-11 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 and Contracting Manager at 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. The envelope shall be plainly marked in the upper left hand comer SIDEWALK REPLACEMENT IN PARKS CITYWIDE NOTICE INVITING BIDS CITY PROJECT NO. 13-08 PAGE 2 04/11/2013 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 Date � David J. Barakian, PE Director of Public Works/City Engineer SIDEWALK REPLACEMENT IN PARKS CITYWIDE NOTICE INVITING BIDS CITY PROJECT NO. 13-06 PAGE 3 04111/2013 CITY OF PALM SPRINGS, CALIFORNIA PUBLIC WORKS & ENGINEERING DEPARTMENT NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND SPECIAL PROVISIONS FOR CONSTRUCTION OF THE: SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO. 13-06 IN THE CITY OF PALM SPRINGS April 2013 OF PALM S v � p-A� U cn m RpOR Al Eo FORN`P David J. Barakian, P.E., City Engineer Bids Open: May21, 2013 Dated: April 11, 2013 • • • CITY PROJECT NO. 13-06 • • • The Special Provisions • contained herein have been • prepared by, or under the direct • supervision of, the following • • Registered Civil Engineer: • • ��Qt`oPGk E-Fg99''G • c, O � George F. arago ca z Associate Civil Engineer 9 rr • Civil Engineer C 62254 * No.C-6 254 • Exp:9-30-20 13 • pqp Clvll Ft]F CAllF�P • • • Approved by: • • • • David J. Barakian, P.E. • City Engineer • Civil Engineer C 28931 • • • • • • • • • • • SIDEWALK REPLACEMENT IN PARKS CITYWIDE • CITY PROJECT NO. 13-06 04/11/2013 SIGNATURE PAGE • • NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND SPECIAL PROVISIONS TABLE OF CONTENTS • PART I -- BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS Notice Inviting Bids Instructions to Bidders Bid Forms Bid (Proposal) • Bid Schedule • List of Subcontractors 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 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 --APPENDIX • Vicinity Map City of Palm Springs Standard Drawing Dust Control Sign Measure J Sign • SIDEWALK REPLACEMENT IN PARKS CITYWIDE • CITY PROJECT NO. 13-06 SPECIAL PROVISIONS 04/11/2013 GENERAL CONTENTS-PAGE 1 • • • • • CITY OF PALM SPRINGS • PUBLIC WORKS & ENGINEERING DEPARTMENT • • • PART I - BIDDING AND CONTRACTUAL • DOCUMENTS AND FORMS • • SIDEWALK REPLACEMENT IN PARKS CITYWIDE • CITY PROJECT NO. 13-06 • 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 • 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 • • • • • • • • • • • SIDEWALK REPLACEMENT IN PARKS CITYWIDE • CITY PROJECT NO. 13-06 PART 1 CONTENTS 0 4/1 112013 PAGE 1 • • CITY OF PALM SPRINGS NOTICE INVITING BIDS For constructing SIDEWALK REPLACEMENT IN PARKS CITYWIDE • CITY PROJECT NO. 13-06 N-1 NOTICE IS HEREBY GIVEN that sealed bids for the SIDEWALK REPLACEMENT . IN PARKS CITYWIDE will be received at the office of the Procurement and Contracting • Manager of the City of Palm Springs, California, until 3 P.M. on May 21, 2013, at which time they will be opened and read aloud. N-2 DESCRIPTION OF THE WORK: The Work comprises the removal and • reconstruction of damaged sidewalks and curbs in the City parks. The engineer's estimate is $97,000. • 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 on the basis of the total sum of Bid Schedules A, B, C, D, E, F, G, and H, 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 r] and performance bonds and insurance. • N-4 BID SECURITY: each bid shall be accompanied by a certified or cashier's check - or Bid Bond in the amount of 10 percent of the total bid price, payable to the City of Palm Springs. N-5 BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a • period of 60 calendar days from the date of bid opening. • N-6 CONTRACTOR'S LICENSE CLASSIFICATION: The Contractor shall possess a • valid Class A or C8 Contractor license at the time of submitting bids. 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. 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 t' Contract Code. • N-9 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: (a)Contract Documents may be inspected without charge at the office of the City • SIDEWALK REPLACEMENT IN PARKS CITYWIDE NOTICE INVITING BIDS • CITY PROJECT NO. 13-06 - PAGE 1 04/11/2013 • • Engineer, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. (b) Complete sets of said Contract Documents may be purchased at $15.00 per set by cash, check or credit card and are obtainable from the City of Palm Springs Engineering Department, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. No refund will • be made of any charges for sets of Contract Documents. Make checks payable to "City of • Palm Springs". (c) An additional mailing fee of $5.00 will be charged for sets of documents sent by mail. • Overnight, Federal Express, or other methods of delivery shall be the responsibility of the Bidder. If you have a FedEx No. or an On-Trac No, include that in your correspondence. If you do not have either of these, please include the mailing fee in your check for Bid Documents to cover the cost of shipping. If you have any questions, please call the . Engineering Secretary @ (760) '323-8253 x 8738 or by e-mail at . kim.liconft pal mspringsca.gov. (d) Obtaining Bid Documents and registration as a Bidder: If you are interested in • submitting a bid, Bidders shall contact Kim Licon, Engineering Secretary, by e-mail at • kim.licon@palmspdngsca.gov, or by phone at (760) 323-8253 x 8738, 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 to submit a Bid; failure to register may be • cause to find a Bid non-responsive. (e) Bidders shall obtain Bid Documents from the City of Palm Springs. The Bid Forms found in the original Bid Documents shall be removed from the bound Bid Document and S used to submit a bid. (f) This Notice Inviting Bids, the Plan Holders List, and other related information for this project can be found on-line at the City's webpage at www.palmsprings- Ga.gov/index.aspx?page=85. (g) All questions about the meaning or intent of the Bid Documents are to be directed to • the City Engineer. Questions shall be submitted in writing to: George Farago, Associate • Civil Engineer, by fax to (760) 322-8325, or by e-mail to George. Farago@palmspringsca.gov. Questions must be submitted by 2:00 PM on May 14, 2013. +♦ Questions received after this date will not be accepted. N-10 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. • N-11 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 and Contracting Manager at 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. The envelope shall be plainly marked in the upper left hand comer • SIDEWALK REPLACEMENT IN PARKS CITYWIDE • CITY PROJECT NO. 13-06 NOTICE INVITING BIDS 04/11/2013 PAGE 2 • • 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 Date 3 • David J. Barakian, PE • Director of Public Works/City Engineer. r SIDEWALK REPLACEMENT IN PARKS CITYWIDE NOTICE INVITING BIDS • CITY PROJECT NO. 13-06 - PAGE 3 04/1 112 0 1 3 • I • i CITY OF PALM SPRINGS i INSTRUCTIONS TO BIDDERS i • 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 i directly to the City, as distinct from a sub-bidder, who submits a Bid to a Bidder. The term • "Engineer' shall be as defined in the Special Provisions. 2. COMPETENCY OF BIDDERS - In selecting the lowest responsive, responsible Bidder, consideration will be given not only to the financial standing of the Bidder, but also i to the general competency of the Bidder for the performance of the Work covered by the i 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. i 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 contractors license in the i 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 i 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. i 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 Worts; study i and carefully correlate the Bidders observations with the Contract Documents; and notify . the Engineer of all conflicts, errors, or discrepancies noted in the Contract Documents. (b) Reference is made to the Special Provisions for identification of those reports • of explorations and tests of subsurface conditions at the site which may have been • utilized by the Engineer in the preparation of the Contract Documents. However, such reports are NOT a part of the Contract Documents. The interpretation of such technical i data, including any interpolation or extrapolation thereof, together with non-technical data, i interpretations, and opinions contained therein or the completeness thereof is the . responsibility of the Bidder. (c) Copies of such reports and drawings will be made available for inspection by . the City to any Bidder upon request. Those reports and drawings are NOT part of the i 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 SIDEWALK REPLACEMENT IN PARKS CITYWIDE INSTRUCTIONS TO • CITY PROJECT NO. 13-06 0411112013 BIDDERS-PAGE 1 utilities at or contiguous to the site is based upon information and data furnished to the • City and the Engineer by the owners of such underground utilities or others, and the City • does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Special Provisions. • (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. (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) 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. (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. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Contractor. Easement for permanent structures or permanent changes in existing structures will be obtained and paid for by the City unless • otherwise provided in the Contract Documents. (i) The submittal of a Bid will constitute an incontrovertible representation by the • Bidder that the Bidder has complied with every requirement of this Article; that without • exception the Bid is premised upon performing the Work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents; and that the . Contract Documents are sufficient in scope and detail to indicate and convey • understanding of all the terms and conditions for performance of the Work. 5. INTERPRETATIONS - All questions about the meaning or intent of the Contract • Documents are to be directed to the Engineer by faxing or e-mailing at (760) 322-8360 or • kim.likon((Dpalmsi)rinosca.com. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be resolved by the issuance of Addenda delivered to all parties recorded by the Engineer or the City as having received the . Contract Documents. Questions received less than 7 days prior to the date of opening Bids may not be answered. Only questions that have been resolved by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. SIDEWALK REPLACEMENT IN PARKS CITYWIDE INSTRUCTIONS TO • CITY PROJECT NO. 13-06 BIDDERS-PAGE 2 04/11/2013 • • 6. BID SECURITY, BONDS, AND INSURANCE - Each Bid shall be accompanied by . a certified or cashier's check or approved Bid Bond in the amount stated in the Notice • Inviting Bids. Said check or bond shall be made payable to the City and shall be given as a guarantee that the Bidder, if awarded the Work, will enter into an Agreement with the City and will furnish the necessary insurance certificates, Payment Bond, and • Performance Bond. Each of said bonds and insurance certificates shall 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 comer 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 6100 et seq. of the California Public Contract Code. In case of discrepancy between the unit pace 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 SIDEWALK REPLACEMENT IN PARKS CITYWIDE INSTRUCTIONS TO • CITY PROJECT NO. 13-06 - BIDDERS-PAGE 3 04/11/2013 • 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 off by 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. i 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 govem 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 at seq. of the California Public Contract Code. 11. QUANTITIES OF WORK— (a) The quantities of work or material stated in unit price items of the Bid are supplied only to give an indication of the general scope of the Work; the City does not • expressly or by implication agree that the actual amount of work or material will • correspond therewith. r♦ (b) In the event of an increase or decrease in a bid item quantity of a unit price • contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit prices established for such work under the Contract Documents; provided, that on unit price contracts, increases of more than 25 percent, decreases of more than 25 percent, and eliminated items shall be adjusted as provided in • Section 3 of the Standard Specifications and Special Provisions. 12. WITHDRAWAL OF BID - The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or it's properly authorized representative. Such • written request must be delivered to the place stipulated in the Notice Inviting Bids prior to . the scheduled closing time for receipt of Bids. 13. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS - Unauthorized conditions, limitations, or provisos attached to the Bid will render it informal and may • cause its rejection as being non-responsive. The completed Bid forms shall be without interlineation, alterations, or erasures. Alternative Bids will not be considered unless expressly called for in the Notice Inviting Bids. Oral, FAX, telegraphic, or telephone Bids • or modifications will not be considered. 14. LIQUIDATED DAMAGES - Provisions for liquidated damages, if any, shall be as set forth in the Agreement and the provisions of the Special Provisions. 15. SUBSTITUTE OR "OR-EQUAL" ITEMS - The procedure for submittal of any application for a substitute or "or-equal" item by the Contractor and consideration by the Engineer is set forth in Section 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 SIDEWALK REPLACEMENT IN PARKS CITYWIDE INSTRUCTIONS TO • CITY PROJECT NO. 13-06 BIDDERS-PAGE 4 04/11/2013 • • Inviting Bids that the Bids are to remain open, unless extended by mutual agreement of . the bidders. Unless otherwise indicated, a single award will not be made for less than all • the Bid Items of an individual Bid Schedule. In the event the Work is contained in more than one Bid Schedule, the City may award schedules individually or in combination. In the case of 2 or more Bid Schedules which are alternative to each other, only one of such • alternative schedules will be awarded. 17. EXECUTION OF AGREEMENT - The Bidder to whom award is made shall execute a written Agreement with the City on the form of agreement provided, shall • secure all insurance, and shall furnish all certificates and bonds required by the Contract Documents within 15 calendar days after receipt of the Agreement forms from the City. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment . of the award and forfeiture of the Bid Security. If the lowest responsive, responsible bidder refuses or fails to execute the Agreement, the City may award the Contract to the second lowest responsive, responsible Bidder. If the second lowest responsive, i responsible Bidder refuses or fails to execute the Agreement, the City may award the • Contract to the third lowest responsive, responsible Bidder. On the failure or refusal of such second or third lowest Bidder to execute the Agreement, each such bidder's Bid Securities shall be likewise forfeited to the City. • 18. WORKER'S COMPENSATION REQUIREMENT : The Bidder should be aware that in accordance with laws of the State of California, the Bidder will, if awarded the Contract, be required to secure the payment of compensation to its employees and execute the Worker's Compensation Certification. 19. LOCAL BUSINESS PROMOTION — 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 proposes 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. END OF INSTRUCTIONS TO BIDDERS- • SIDEWALK REPLACEMENT IN PARKS CITYWIDE INSTRUCTIONS TO • CITY PROJECT NO. 13-06 04/11/2013 BIDDERS- PAGE 5 • • • • BID DOCUMENTS Only the following listed documents, identified in the lower right corner as "Bid • Forms" and reproduced on colored paper, shall be fully executed and submitted with the Bid at the time of opening of Bids. • Bid (Proposal) Bid Schedule(s) • List of Subcontractors . 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 eBid will render a Bid as non-responsive and subject to rejection. • • • • • • • i • • • • • SIDEWALK REPLACEMENT IN PARKS CITYWIDE • CITY PROJECT NO. 13-06 COVER SHEET 04/11/2013 BID FORMS-PAGE 1 • • • • • • BID • • BID TO: CITY OF PALM SPRINGS, CALIFORNIA • The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City in the form included in the Contract Documents (as defined in • Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract • Documents entitled: • SIDEWALK REPLACEMENT IN PARKS CITYWIDE • CITY PROJECT NO. 13-06 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: 1 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 SIDEWALK REPLACEMENT IN PARKS CITYWIDE • CITY PROJECT NO. 13-06 - BID(PROPOSAL) 0 4/1 112 0 1 3 BID FORMS-PAGE 2 • • Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to • accept in full payment 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: SIDEWALK REPLACEMENT IN PARKS CITYWIDE • CITY PROJECT NO.13-06 - BID IPROPOSALI 04/11/2013 BID FORMS-PAGE 3 • • • • • • • BID SCHEDULE A • Schedule of Prices for the Construction of the: ' SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO. 13-06 • • Desert Highland Park—480 W. Tramview Rd. • in Palm Springs, California. • Ite Description Estimated Unit Unit Amount • m Quantity Price • No. • 1 Initial Mobilization - - - LS • $ • 2. Traffic Control -- - LS • $ • 3' Remove Existing PCC Sidewalk 280 SF • 4. Construct 4" PCC Sidewalk 280 SF $ $ • • TOTAL OF ALL ITEMS OF THE BID SCHEDULE: • (Price in figures) • • (Price in words) • • • • Name.of Bidder or Firm • • • • • • • • • SIDEWALK REPLACEMENT IN PARKS CITYWIDE • CITY PROJECT NO. 13-06 - UNIT PRICE BID SCHEDULE 04/11/2013 BID FORMS-PAGE 4 • • • • • • • BID SCHEDULE B • Schedule of Prices for the Construction of the: • SIDEWALK REPLACEMENT IN PARKS CITYWIDE • CITY PROJECT NO. 13-06 Victoria Park — 2650 Via Miraleste in Palm Springs, California. • • Ite Description Estimated Unit Unit Amount • m Quantity Price • No. • 1 Initial Mobilization - - - LS $ • • 2. Traffic Control - -- LS 3. Remove Existing PCC Sidewalk 270 SF • 4' Construct 4" PCC Sidewalk 270 SF • TOTAL OF ALL ITEMS OF THE BID SCHEDULE: • $ - (Price in figures) • (Price in words) • • • Name of Bidder or Firm • • I • • • • • • • SIDEWALK REPLACEMENT IN PARKS CITYWIDE • CITY PROJECT NO.13-06 UNIT PRICE BID SCHEDULE 04/11/2013 _ BID FORMS-PAGE 5 • • BID SCHEDULE C • Schedule of Prices for the Construction of the: SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO. 13-06 S Wellness Park — 677 E. Tachevah Dr. in Palm Springs, California. e Ite Description Estimated Unit Unit Amount i m Quantity Price • No. 1 Initial Mobilization - - - LS $ 2. Traffic Control - -- LS 3. Remove Existing PCC Sidewalk 110 SF 4. Construct 4" PCC Sidewalk 110 SF $ $ TOTAL OF ALL ITEMS OF THE BID SCHEDULE: (Price in figures) • (Price in words) • • • Name of Bidder or Firm • SIDEWALK REPLACEMENT IN PARKS CITYWIDE . CITY PROJECT NO.13-06 UNIT PRICE BID SCHEDULE 04/11/2013 BID FORMS- PAGE 6 • • I • BID SCHEDULE D • Schedule of Prices for the Construction of the: SIDEWALK REPLACEMENT IN PARKS CITYWIDE • CITY PROJECT NO. 13-06 Ruth Hardy Park — 700 Tamarisk Rd. in Palm Springs, California. Ite Description Estimated Unit Unit Amount m .Quantity Price No. • 1 Initial Mobilization -- - LS $ Z' Traffic Control - - - LS $ 3' Remove Existing PCC Sidewalk 930 SF $ $ • 4. Remove Existing PCC Barrier Curb 310 LF $ $ 5. Construct 4" PCC Sidewalk 930 SF 6' Construct 6° PCC Barrier Curb 310 LF TOTAL OF ALL ITEMS OF THE BID SCHEDULE: $ . (Price in figures) • (Price in words) • • • • Name of Bidder or Firm • SIDEWALK REPLACEMENT IN PARKS CITYWIDE • CITY PROJECT NO. 13-06 UNIT PRICE BID SCHEDULE 04/11/2013 - BID FORMS- PAGE 7 • • BID SCHEDULE E Schedule of Prices for the Construction of the: • SIDEWALK REPLACEMENT IN PARKS CITYWIDE • CITY PROJECT NO. 13-06 Francis Stevens Park — 538 N. Palm Canyon Dr. in Palm Springs, California. • Ite Description Estimated Unit Unit Amount m Quantity Price No. 1. • Initial Mobilization - - - LS $ 2. Traffic Control -- - LS $ 3. Remove Existing PCC Sidewalk 650 SF $ $ 4. Remove Existing PCC Curb & Gutter 50 LF $ $ 5. Remove Existing PCC Barrier Curb 390 LF • $ $ 6. Construct 4" PCC Sidewalk 650 SF $ $ 7- Construct 6" PCC Curb & Gutter 50 LF $ $ 8. Construct 6" PCC Barrier Curb 390 LF $ $ • TOTAL OF ALL ITEMS OF THE BID SCHEDULE: $ (Price in figures) • • (Price In words) • • Name of Bidder or Firm • SIDEWALK REPLACEMENT IN PARKS CITYWIDE • CITY PROJECT NO. 13-06 UNIT PRICE BID SCHEDULE 04111W13 - BID FORMS - PAGE 8 • BID SCHEDULE F • Schedule of Prices for the Construction of the: SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO. 13-06 Baristo Park— 385 Calle El Segundo in Palm Springs, California. Ite Description Estimated Unit Unit Amount • m Quantity Price . No. 1 Initial Mobilization - - - LS 2. Traffic Control - -- LS 3' Remove Existing Sidewalk 505 SF • 4 Remove Existing Curb & Gutter 50 LF $ $ 5. Construct 4" PCC Sidewalk 505 SF $ $ 6' Construct 6" PCC Curb & Gutter 50 LF $ $ • TOTAL OF ALL ITEMS OF THE BID SCHEDULE: $ • (Price in figures) • • (Price in words) • • • Name of Bidder or Firm • SIDEWALK REPLACEMENT IN PARKS CITYWIDE • CITY PROJECT NO.13-06 UNIT PRICE BID SCHEDULE 04/11/2013 BID FORMS- PAGE 9 • • BID SCHEDULE G Schedule of Prices for the Construction of the: • SIDEWALK REPLACEMENT IN PARKS CITYWIDE • CITY PROJECT NO. 13-06 Sunrise Park - 450 S. Sunrise Way • in Palm Springs, California. Ite Description Estimated Unit Unit Amount m Quantity Price No. 1. • Initial Mobilization - - - LS $ • 2. Traffic Control - - - LS $ 3. Remove Existing PCC Sidewalk 3,000 SF $ $ 4. Construct 4" PCC Sidewalk 3,000 SF • TOTAL OF ALL ITEMS OF THE BID SCHEDULE: $ • (Price in figures) • $ (Price in words) • • • • Name of Bidder or Firm • SIDEWALK REPLACEMENT IN PARKS CITYWIDE • CITY PROJECT NO. 13-06 UNIT PRICE BID SCHEDULE 04/11/2013 BID FORMS-PAGE 10 • • BID SCHEDULE H Schedule of Prices for the Construction of the: SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO. 13-06 • Demuth Park—4375 E. Mesquite Ave. . in Palm Springs, California. Ite Description Estimated Unit Unit Amount m Quantity Price • No. 1 Initial Mobilization --- LS $ 2. Traffic Control - -- LS $ 3' Remove Existing PCC Sidewalk 1,500 SIF $ $ 4' Construct 4" PCC Sidewalk 1,500 SIF $ $TOTAL OF ALL ITEMS OF THE BID SCHEDULE: • $ (Price in figures) • • (Price in words) TOTAL OF ALL ITEMS OF THE BID SCHEDULES A, B,C,D,E, F,G,and H(basis of award): $ (Price in figures) • Price in words • QUANTITIES OF WORK: The quantities of work or material stated in the unit price items of the Bid Schedule are supplied only • to give an indication of the general scope of the Work. The City does not expressly nor by implication agree that the actual amounts of work or material Will correspond therewith, and reserves the right after award to increase or decrease the quantity of any unit price bid item, by an amount up to 25 percent of increase or decrease, without a change in the unit prices, and shall have the right to delete any bid item in its entirety, and receive full credit in the amount shown in the Bid Schedule for • the deleted item of Work. Name of Bidder or Firm • SIDEWALK REPLACEMENT IN PARKS CITYWIDE • CITY PROJECT NO, 13-06 UNIT PRICE BID SCHEDULE 04/11/2013 BID FORMS- PAGE 11 • • INFORMATION REQUIRED OF BIDDER • LIST OF SUBCONTRACTORS As required under Section 4100, et seq., of the Public Contract Code, the Bidder shall list below • the name and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, or$10,000.00, whichever is greater, and shall also list the portion of the Work which will be done by such subcontractor. After the opening of Bids, no changes or substitutions will be allowed except as otherwise • provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. Special Note: The Prime Contractor shall perform not less than 50% of the Work identified in • this Bid. In the event a Bidder lists subcontractors who will perform Work under this Bid in excess of 50% 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 50%). Contractor's Percent • License of Total Work to be Performed Number Contract Subcontractor's Name &Address 1. 2. — 3. • 4 5. • SIDEWALK REPLACEMENT IN PARKS.CITYWIDE • CITY PROJECT NO. 13-06 - LIST OF SUBCONTRACTORS 04/11/2013 - BID FORMS-PAGE 12 • LOCAL BUSINESS PREFERENCE PROGRAM - GOOD FAITH EFFORTS City Project No.: Bid Opening Date 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: I . LOCAL BUSINESS PREFERENCE PROGRAM SIDEWALK REPLACEMENT IN PARKS CITYWIDE GOOD FAITH EFFORTS • CITY PROJECT NO.13-06 BID FORMS-PAGE 13 04/11/2013 • • 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 good faith efforts to do so. 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 i • LOCAL BUSINESS PREFERENCE PROGRAM SIDEWALK REPLACEMENT IN PARKS CITYWIDE GOOD FAITH EFFORTS • CITY PROJECT NO. 13-06 BID FORMS-PAGE 14 04/11/2013 • • • 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) 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 SIDEWALK REPLACEMENT IN PARKS CITYWIDE GOOD FAITH EFFORTS • CITY PROJECT NO. 13-06 BID FORMS-PAGE 15 04/11/2013 • • • NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER • AND SUBMITTED WITH BID State of California ) ss. County of ) I, being first duly swom, deposes and says that he or she is of the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not • directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, • and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder • or anyone else to put in a sham Bid, or that anyone shall refrain from bidding; that the . Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her Bid price, or any breakdown thereof, or the contents thereof, or divulged information or data relative • thereto, or paid, and will not pay, any fee to any corporation, partnership, company, . association, organization, bid depository, or to any member or agent thereof, to effectuate • a collusive or sham Bid. • Bidder By . Title Organization . Address • SIDEWALK REPLACEMENT IN PARKS CITYWIDE ' • CITY PROJECT NO. 13-06 NON-COLLUSION AFFIDAVIT 04/11/2013 - BID FORMS-PAGE 16 • • 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. 1 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: Signer(s)Other Than Named . Above • SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO.13-06 NON-COLLUSION AFFIDAVIT 04/11/2013 BID FORMS-PAGE 17 • 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: • SIDEWALK REPLACEMENT IN PARKS CITYWIDE • CITY PROJECT NO. 13-06 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 attorneys fee to be fixed by the court. • SIGNED AND SEALED, this day of 2013. • PRINCIPAL: • (Check one:_individual,�artnership, 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 . By Signature(NOTARIZED) • • Signature(NOTARIZED) Print Name and Title • Print Name and Title: SIDEWALK REPLACEMENT IN PARKS.CITYWIDE • CITY PROJECT NO. 13-06 BID BOND (BID SECURITY FORM) 0 4/1 112 0 1 3 _ BID FORMS-PAGE 18 II • 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. BIDDERICONTRACTOR'S Name and Street Address: 2. CONTRACTOR'S Telephone Number: ( ) Facsimile Number: ( ) 3. CONTRACTOR'S Licenser 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: • SIDEWALK REPLACEMENT IN PARKS CITYWIDE • CITY PROJECT NO.13-06 BIDDER'S GENERAL INFORMATION 04/11/2013 BID FORMS- PAGE 19 • 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 i 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 iPhone 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 Engineer. • SIDEWALK REPLACEMENT IN PARKS CITYWIDE • CITY PROJECT NO. 13.06 BIDDER'S GENERAL INFORMATION 04/11/2013 BID FORMS -PAGE 20 • I AGREEMENT THIS AGREEMENT made this day of in the year 2013, 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 i Schedule(s)of the City's Contract.Documents entitled: SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO. 13-06 The Work is generally described as follows: • Removal and reconstruction of damaged sidewalks and curbs in the City parks. 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$700.00 for each • calendar day that expires after the time specified in Article 2, herein. • SIDEWALK REPLACEMENT IN PARKS CITYWIDE • CITY PROJECT NO. 13-06 AGREEMENT FORM 04/11/2013 AGREEMENT AND BONDS- PAGE 1 ARTICLE 3 -- CONTRACT PRICE The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid • and Bid Schedule(s). ARTICLE 4-- THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, • Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's • Compensation Certificate, Performance Bond, Payment Band, 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 Engineer or the City as provided in the Contract Documents. i • 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 parry 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. • SIDEWALK REPLACEMENT IN PARKS CITYWIDE • CITY PROJECT NO. 13-06 AGREEMENT FORM 04/11/2013 AGREEMENT AND BONDS-PAGE 2 IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be 40 executed the day and year first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA APPROVED BY THE CITY COUNCIL: By City Clerk Date APPROVED AS TO FORM: Agreement No. BY • City Attorney Date • CONTENTS APPROVED: 0 BY City Engineer • • Date • By 0 City Manager Date • • • • • • • 0 • SIDEWALK REPLACEMENT IN PARKS CITYWIDE • CITY PROJECT NO. 13-06 AGREEMENT FORM 0 411 112 01 3 AGREEMENT AND BONDS-PAGE 3 • 0 • 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, 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 i ss County of i 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. • 1 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: • SIDEWALK REPLACEMENT IN PARKS CITYWIDE AGREEMENT FORM • CITY PROJECT NO. 13-06 AGREEMENT AND BONDS-PAGE 4 04/11/2013 • • • • • • • • • • • • WORKER'S COMPENSATION CERTIFICATE (AS REQUIRED BY SECTION 1861 • OF THE CALIFORNIA LABOR CODE) • 1 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 • • • • • • • • SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO. 13-06 WORKER'S COMPENSATION CERTIFICATE 04/11/2013 AGREEMENT AND BONDS-PAGE 5 • • • PERFORMANCE BOND • KNOW ALL MEN BY THESE PRESENTS, w 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: • SIDEWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO. 13-06 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 2013. CONTRACTOR: (Check one:_individual,partnership,_corporation) • (Corporations require two signatures:one from each of the following groups:A.Chainnan 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 • BY • Signature(NOTARIZED) Title (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) Print Name and Title: • SIDEWALK REPLACEMENT IN PARKS CITYWIDE • CITY PROJECT NO. 13-06 PERFORMANCE BOND 04/11/2013 AGREEMENT AND BONDS- PAGE 6 • • PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That as Contractor, And as Surety, are held finnly 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: SIDEWALK REPLACEMENT IN PARKS CITYWIDE • CITY PROJECT NO. 13-06 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. • SIDEWALK REPLACEMENT IN PARKS CITYWIDE PAYMENT BOND • CITY PROJECT NO. 13-06 AGREEMENT AND BONDS PAGE 7 0 4/1 112 0 1 3 • • 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 said alterations or extensions of • the Agreement is hereby waived by said Surety. SIGNED AND SEALED, this day of 2013. • 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) • • SIDEWALK REPLACEMENT IN PARKS CITYWIDE PAYMENT BOND • CITY PROJECT NO.13-06 AGREEMENT AND BONDS- PAGE 8 0 4/1 112 0 1 3 • • 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 • C D • TYPE OF WORK PERFORMED AND LOCATION • LIMITS OF LIABILITY IN THOUSANDS WOOD) • ,„,e TYPE OF INSURANCE POLICY NUMBER EACH • COMPREHENSIVE GENERAL • LIABILITY Including: • ❑ EXPLOSION AND COLLAPSE BODILY INJURY 5 $ • ❑ UNDERGROUND DAMAGE a 5 ❑ PROPERTY DAMAGE PROPERATIONSCi$ICOPLETEO OPERATIONS • ❑ CONTRACTUAL INSURANCE or . ❑ BROAD FORM PROPERTY DAMAGE ❑ INDEPENDENT CONTRACTORS BODILY INJURY AND • ❑ 5 PERSONAL INJURY PROPERTY $ DAMAGE COMBINED • PERSONAL INJURY j • COMPREHENSIVE AUTOMOBILE BODILY INJURY • UAlli EACH PERSON $ InCWding: EACH ACCIDENT • ❑ OWNED $ ❑ HIRED PROPERTY DAMAGE . - ❑ NON OWNEDo, • ❑ MOTOR CARRIER ACT BODILY INJURY AND PROPERTY $ DAMAGE COMBINED • EXCESS LIABILITY BODILY INJURY • Including: AND PROPERTY ❑ DAMAGE COMBINED a EMPLOYE WS LIABILITY • WORKER'S COMPENSATION STATUTORY • and EMPLOYER'S d CITY • Including: EL 5 LEACH CCIDENT) LONG$HOREMEN'$AND • HARBOR WORKERS • OTHER ADDITIONAL INSURED ENDORSEMENT--CITY OF PALM SPRINGS • The undersigned certifies that he or she is the representative of the above-named insurance companies,that he or she has the authority to execute and issue his candidate to Certificate Haider,and accordingly,does hereby cartify on behalf of said insurance companies that policies of insurance listed above have been issued to the insured named above and Be in farce at this time. Notwithstanding any requiremen,term,or Condition of any cpntraet or other documem with respect 10 • which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to at the terms,exclusions,and conditions of such policies. Copies of the policies shown will he 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 below-nametl certificate holder: • • NAME AND ADDRESS OF ADDITIONAL INSURED DATE ISSUED • BY A—olozro Rcrosr.TALIs x es-m..1-1Inlisel •• .00eas • SIDEWALK REPLACEMENT IN PARKS CITYWIDE CERTIFICATE OF INSURANCE • CITY PROJECT NO. 13-06 AGREEMENT AND BONDS-PAGE 9 04/11/2013 • • • • • • • • • • CITY OF PALM SPRINGS • • • PUBLIC WORKS AND ENGINEERING DEPARTMENT • • • PART 11 - SPECIAL PROVISIONS • • • SIDEWALK REPLACEMENT IN PARKS CITYWIDE • CITY PROJECT NO. 13-06 • • 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 • • • • • • • • • SIDWALK REPLACEMENT IN PARKS CITYWIDE- PART II -- SPECIAL PROVISIONS CITY PROJECT N0, 13-06 GENERAL CONTENTS- PAGE 1 • 3/27/2013 0 • • CITY OF PALM SPRINGS • • • PUBLIC WORKS AND ENGINEERING DEPARTMENT • • • • SPECIAL PROVISIONS • • SIDEWALK REPLACEMENT IN PARKS CITYWIDE • CITY PROJECT NO. 13-06 • 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 ("Greenbook"), 2012 Edition, including all current supplements, addenda, and revisions thereof, these Special • Provisions, 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. • 1-2 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 Engineer shall be • the Director of Public Works/City Engineer, City of Palm Springs, Engineering Department, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, or such • other address as the Engineer 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 Senior Public Works • Inspector, City of Palm Springs, Public Works and Engineering Department, 3200 E. • • SIDWALK REPLACEMENT IN PARKS CITYWIDE TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS CITY PROJECT NO- 13-06 SPECIAL PROVISIONS-SECTION 1 - PAGE 1 . 3/27/2013 • Tahquitz Canyon Way, 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 Director of Public Works/City Engineer of the City of Palm Springs, California. 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 days 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) Fridays, Saturdays, Sundays, and any designated legal holiday officially observed by the City of Palm Springs. Designated legal holidays are: • New Year's Day(January 1) Martin Luther King Jr. Day(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 Sunday, the Monday after the holiday shall be a designated • legal holiday. • (b) Days on which the Contractor is prevented by inclement weather or conditions resulting • immediately therefrom adverse to the current controlling operation or operations, as determined by the Engineer, from proceeding with at least 75 percent of the normal labor and equipment force engaged on such operation or operations for at least 60 percent of the total daily time being • currently spent on the controlling operation or operations. END OF SECTION - SIDWALK REPLACEMENT IN PARKS CITYWIDE TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS • CITY PROJECT NO. 13-06 SPECIAL PROVISIONS - SECTION 1 - PAGE 2 4/1 1/2013 • 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 before the expiration of: 32 WORKING DAYS from the day specified in the Notice to Proceed issued by the City. Said time of • completion does not include time associated with ordering long lead-time items. Contractor shall refer to Section 4-2.2 of these Special Provisions for requirements associated with ordering long lead-time items. • In the event one or more Bid Schedules are not awarded and included in the Work, the Work shall be completed as indicated below, with the contract time being the sum of the allowable working days specified for all of the Bid Schedules awarded. • The Work identified in Bid Schedule A shall be diligently prosecuted to completion . before the expiration of: . 2 WORKING DAYS from the date specified in the Notice to Proceed from the City. The Work identified in Bid Schedule B shall be diligently prosecuted to completion before the expiration of: 2 WORKING DAYS from the date specified in the Notice to Proceed from the City. The Work identified in Bid Schedule C shall be diligently prosecuted to completion before the expiration of: • 2 WORKING DAYS from the date specified in the Notice to Proceed from the City. The Work identified in Bid Schedule D shall be diligently prosecuted to completion • before the expiration of: . 3 WORKING DAYS . SIDWALK REPLACEMENT IN PARKS CITYWIDE SCOPE AND CONTROL OF WORK CITY PROJECT NO. 13-06 SPECIAL PROVISIONS- SECTION 2 - PAGE 1 • 3/27/2013 from the date specified in the Notice to Proceed from the City. The Work identified in Bid Schedule E shall be diligently prosecuted to completion before the expiration of: • 6 WORKING DAYS from the date specified in the Notice to Proceed from the City. The Work identified in Bid Schedule F shall be diligently prosecuted to completion before the expiration of: 3 WORKING DAYS from the date specified in the Notice to Proceed from the City. • The Work identified in Bid Schedule G shall be diligently prosecuted to completion before the expiration of: +, 8 WORKING DAYS . from the date specified in the Notice to Proceed from the City. The Work identified in Bid Schedule H shall be diligently prosecuted to completion before the expiration of: . 6 WORKING DAYS • from the date specified in the Notice to Proceed from the City. 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. 2-1.1 Subcontracts. The subcontractors are 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 • 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 • SIDWALK REPLACEMENT IN PARKS CITYWIDE SCOPE AND CONTROL OF WORK • CITY PROJECT NO. 13-06 SPECIAL PROVISIONS-SECTION 2 - PAGE 2 3/27/2013 • • • 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 Engineer. 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 govem 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. - 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 any claim • against the City,the Engineer, nor any of the Engineer's Consultants with respect to any of the • following: • SIDWALK REPLACEMENT IN PARKS CITYWIDE SCOPE AND CONTROL OF WORK CITY PROJECT NO. 13-06 SPECIAL PROVISIONS - SECTION 2 - PAGE 3 • 3/27/2013 • 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." 2-6 SURVEY MONUMENT PRESERVATION GUIDELINES All work is to be performed by a person or under the supervision of a person authorized to practice Land Surveying, and shall adhere to the following guidelines: A. PRIOR TO CONSTRUCTION . 1. The public survey records are to be researched for the location of all possible survey monuments within the scope of the project and copies shall be fumished to the survey crew. 2. The survey crew shall diligently search for all survey monuments of record above or below the surface, within the road right-of-way. It is suggested that this search would include the use of a metal detector. When the detector indicates the possibility of a buried monument, than digging below the surface to uncover the • monument is required. 3. The survey crew shall properly reference all found survey monuments, which may be disturbed or covered during construction, to stable surface points. 4. The authorized surveyor shall properly complete a Comer Record or Record of Survey for the monuments noted in item 3, above. Prior to the start of any construction work, the original or a print of the Corner Record of Survey shall be • submitted to the County Surveyor for review, signature, and filing. • B. AFTER CONSTRUCTION AND PRIOR TO RECORDING THE NOTICE OF COMPLETION 1. All covered and disturbed monuments shall be reset with the same or more durable type of monument as the original, in the surface of the construction. Key monuments shall be a minimum 1" inside diameter iron pipe of appropriate length. 2. A monument box or other protective structure is recommended to be placed around key monuments (section comers, quarter section comers). SIDWALK REPLACEMENT IN PARKS CITYWIDE SCOPE AND CONTROL OF WORK • CITY PROJECT NO- 13-06 SPECIAL PROVISIONS -SECTION 2 - PAGE 4 3/27/2013 • • 3. The authorized surveyor shall properly complete a Corner Record or Record of Survey for all set monuments with a change in character, including tag number, and submit it to the County Surveyor for review, signature, and filing. 2-8 AUTHORITY OF THE ENGINEER The Engineer 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 Engineer'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 Engineer 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 Engineer's inspection. • When the Work is substantially completed, a representative of the Engineer 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 • 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. . 2-11 FLOW AND ACCEPTANCE OF WATER 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: • SIDWALK REPLACEMENT IN PARKS CITYWIDE SCOPE AND CONTROL OF WORK CITY PROJECT NO. 13-06 SPECIAL PROVISIONS- SECTION 2- PAGE 5 • 3/27/2013 • On lump sum items, the Contractor shall submit, for approval by the Engineer, a Schedule of Values, or lump sum price breakdown, which will serve as the basis for progress payments and shall be incorporated into a form of Application for Payment acceptable to the Engineer. Such Schedule of Values shall be submitted for approval at the Pre- construction Conference and must meet the approval of the Engineer before any payments can be made to the Contractor. END OF SECTION - SIDWALK REPLACEMENT IN PARKS CITYWIDE SCOPE AND CONTROL OF WORK . CITY PROJECT NO. 13-06 SPECIAL PROVISIONS- SECTION 2 - PAGE 6 3/27/2013 • • SECTION 3 -- CHANGES IN WORK 3-1 EXTRA WORK The provisions of Section 3-3 of the Standard Specifications shall apply; provided, that • the provisions for markup percentages for overhead and profit for extra work referenced in subparagraph 3-3.2.3 of the 2012 edition shall be deleted in its entirety and the following substituted: 3-2 PAYMENT 3-2.1 Markup: The provisions of Subsection 3-3.2.3 Markup, shall be amended to 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 24 percent(includes bonding) • 2) Materials 15 percent 3) Equipment rental 15 percent 4) Other items and expenditures 15 percent 5) Subcontracts (I 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 Tabor, one percent shall be added as compensation for bonding. 3-2.2 Contract Unit Prices: The provisions of Subsection 3-2.2.1 of the Standard Specifications shall be revised to read as follows: 3-2.2.1(a) Allowable Quantity Variations on Unit Price Contracts: In the event • of an increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the Contract Documents, wherever such unit price has been established; provided, that an adjustment in the Contract Unit Price may be made for changes which result in • an increase or decrease in the quantity of any unit price bid item of the Work in excess of 25 percent, or for eliminated items of work. 3-2.2.1(b) Increases of More Than 25 Percent on Unit Price Contracts: On a • unit price contract, should the total quantity of any item of work required under the Contract exceed the Engineer's Estimate therefore by more than 25 percent, the work in excess of 125 percent of such estimate and not covered by an executed contract Change Order specifying the compensation to be paid therefore will be paid for by adjusting the Contract Unit Price, as hereinafter • provided, or at the option of the City, payment for the work involved in such • SIDWALK REPLACEMENT IN PARKS CITYWIDE CHANGES IN WORK CITY PROJECT N0, 13-06 SPECIAL PROVISIONS- SECTION 3 -PAGE 1 • 3/27/2013 • excess will be made as provided in Section 3-3.2 of the Standard Specifications, as amended in these Special Provisions. Such adjustment of the Contract Unit Price will be the difference between the Contract Unit Price and the actual unit cost, which will be determined as • hereinafter provided, of the total pay quantity of the item. If the costs applicable to such item of work include fixed costs, such fixed costs shall be deemed to have been recovered by the Contractor by the payments made for 125 percent of the Engineer's Estimate of the quantity for such item, and in computing the actual . unit cost, such fixed costs will be excluded. Subject to the above provisions, such • actual unit cost will be determined by the Engineer in the same manner as if the work were to be paid for as extra work as provided in Section 3-3.2 of the Standard Specifications, as amended in these Special Provisions, or such . adjustment as will be as agreed to by the Contractor and the City. • When the compensation payable for the number of units of an item of work performed in excess of 125 -percent of the Engineer's Estimate is less than $5,000 at the applicable Contract Unit Price, the Engineer reserves the right to • make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor. 3-2.2.1(c) Decreases of More Than 25 Percent on Unit Price Contracts: On • unit price contracts, should the total pay quantity of any item of work required under the contract be less than 75 percent of the Engineer's Estimate therefore, an adjustment in compensation pursuant to this Section will not be made unless the Contractor so requests in writing. If the Contractor so requests, the quantity of said item performed, unless covered by an executed contract change order • specifying the compensation payable therefore, will be paid for by adjusting the • Contract Unit Price as hereinafter provided, or at the option of the Engineer, payment for the quantity of the work of such item performed will be made as if the work were to paid for as extra work as provided in Section 3-3.2 of the • Standard Specifications, as amended in these Special Provisions, or such . adjustment as will be as agreed to by the Contractor and the City; provided however, that in no case shall the payment for such work be less than that which would be made at the Contract Unit Price. Such adjustment of the contract unit price will be the difference between the contract unit price and the actual unit cost, which will be determined as hereinafter provided, of the total pay quantity of the item, including fixed costs. Such actual unit cost will be determined by the Engineer in the same manner as • if the work were to be paid for as extra work as provided in Section 3-3.2 of the Standard Specifications, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the City. The payment for the total pay quantity of such item of work will in no case exceed the payment which would be made for the performance of 75 percent of the Engineers Estimate of the quantity for such item at the original Contract Unit Price. SIDWALK REPLACEMENT IN PARKS CITYWIDE CHANGES IN WORK . CITY PROJECT NO. 13-06 - SPECIAL PROVISIONS- SECTION 3- PAGE 2 3/27/2013 • • 3-2.2.1(d) Eliminated Items on Unit Price Contracts: On unit price contracts, should any contract item of the Work be eliminated in its entirety, in the absence of an executed contract Change Order covering such elimination, payment will . be made to the Contractor for actual costs incurred in connection with such eliminated contract item if incurred prior to the date of notification in writing by the Engineer of such elimination. If acceptable material is ordered by the Contractor for the eliminated item prior to • the date of notification of such elimination by the Engineer, and if orders for such material cannot be canceled, it will be paid for at the actual cost to the Contractor. In such case, the material. paid for shall become the property of the City and the actual cost of any further handling will be paid for by the City. If the • material is returnable to the vendor and if the Engineer so directs the Contractor, • the material shall be returned and the Contractor will be paid for the actual cost of charges made by the vendor for returning the material. The actual cost of handling returned material will be paid for. The actual costs or charges to be paid by the City to the Contractor as provided in this Section 3-2 will be computed in the same manner as if the work were to be paid as extra work as provided in Section 3-3.2 of the Standard Specifications, . as amended in these Special Provisions, or such adjustment as will be as agreed • to by the Contractor and the City. f - END OF SECTION - • SIDWALK REPLACEMENT IN PARKS CITYWIDE CHANGES IN WORK CITY PROJECT NO. 13-06 SPECIAL PROVISIONS-SECTION 3-PAGE 3 • 3/27/2013 - • 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 . Engineer, 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 Engineer 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 Engineer or the City. • 4.2 MATERIALS 4-2.1 Quantities. - The Contractor shall submit with each of its billing invoices, a corrected list of quantities, verified by the Engineer, for unit price items listed in-the Bid • Schedule. 4-2.2 Placing Orders. - The Contractor shall place the orders) for all long-lead supplies, materials, and equipment, for any traffic signing, striping, legends, and traffic control facilities within 3 working days after the award of Contract by the City. The • Contractor shall furnish the Engineer with a statement from the vendor(s) that the orders) for said supplies, materials, and equipment has been received and accepted by said vendors) within 15 working days from the date of said award of Contract. • - END OF SECTION - SIDWALK REPLACEMENT IN PARKS CITYWIDE CONTROL OF MATERIALS CITY PROJECT NO, 13-06 SPECIAL PROVISIONS- SECTION 4 - PAGE 1 • 3/2 7120 1 3 • 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: i "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 tt 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. SIDWALK REPLACEMENT IN PARKS CITYWIDE UTILITIES CITY PROJECT NO. 13-06 SPECIAL PROVISIONS- SECTION 5- PAGE 1 • 3/27/2013 • 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: The Contractor shall assume responsibility for protecting all 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 S 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 S 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. 5-3 UTILITY LOCATION AND PROTECTION The Contractor shall notify Underground Service Alert at 1-800-227-2600 a minimum of 2 working days prior to any excavation in the vicinity of any potentially existing underground facilities in order to verify the location of all utilities prior to the commencement of the Work. The Contractor shall be responsible for coordinating its work with all utility companies during the construction of the Work. All water meters, water valves, fire hydrants, Southern California Edison vaults, General • Telephone vaults, Southern California Gas Company valves, and other subsurface • structures shall be protected by the Contractor as specified in the Special Provisions. END OF SECTION - SIDWALK REPLACEMENT IN PARKS CITYWIDE UTILITIES CITY PROJECT NO. 13-06 SPECIAL PROVISIONS- SECTION 5- PAGE 2 3/27/2013 • • 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 • 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 3:30 p.m., Monday through Thursday, with no work allowed on City-observed r♦ holidays, unless otherwise approved by the Engineer: 1. Powered Vehicles 2. Construction Equipment 3. Loading and Unloading Vehicles 4. Domestic Power Tools 6-3 NOTIFICATION i 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 i 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 Mike Lytar,Senior Public Works Inspector (760)323-8253 . Valerie Wagner, Streets Maintenance Supervisor (760)323-8167 • Dave Barakian, City Engineer (760)323-8253 . VERIZON Attention: Mr. Lary Moore (760)778-3603 • DESERT WATER AGENCY Attention: Ms. Debbie Randall (760)3234971 • SOUTHERN CALIFORNIA EDISON COMPANY • Attention: Mr. Frank Jasso (760)202-4278 SOUTHERN CALIFORNIA GAS COMPANY i Attention: Ken Kennedy (909)335-7716 • TIME-WARNER CABLE • Attention: Mr. Dale Scrivner (760)340-1312 • WHITEWATER MUTUAL • Attention: Mr. Stan Clark (760)325-5880 • SPRINT Attention: Mr. Lynn Durrett (909)873-8022 UNDERGROUND SERVICE ALERT (800)227-2600 PROSECUTION, PROGRESS, SIDWALK REPLACEMENT IN PARKS CITYWIDE AND ACCEPTANCE OF THE WORK CITY PROJECT NO. 13-06 SPECIAL PROVISIONS-SECTION 6- PAGE 1 • 3/27/2013 • 6-4 EMERGENCY INFORMATION The names, addresses, and telephone numbers of the Contractor, sub- contractors, their owners, officers, and superintendents, shall be filed with the Engineer • at the Pre-Construction Conference. . - END OF SECTION - i PROSECUTION, PROGRESS, • SIDWALK REPLACEMENT IN PARKS CITYWIDE AND ACCEPTANCE OF THE WORK CITY PROJECT NO. 13-06 SPECIAL PROVISIONS- SECTION 6 - PAGE 2 3/27/2013 • • 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 Engineer, against any claim or liability arising from, • or based on, the violation of any such law, ordinance, regulation, order, or • decree, whether by itself or its employees. If any discrepancy or inconsistency is discovered in the Plans, Drawings, 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 • Engineer 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 Engineer shall, in its discretion, pennit the • Contractor to file with the City the bond referred to in Section 3196 of the Civil Code of SIDWALK REPLACEMENT IN PARKS CITYWIDE RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 13-06 SPECIAL PROVISIONS- SECTION 7 -PAGE 1 • 3/27/2013 • the State of California, said moneys shall not thereafter be withheld on account of such Stop Notice. 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. • 7-8 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 Con tract. 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. • 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. SIDWALK REPLACEMENT IN PARKS CITYWIDE RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 13-06 SPECIAL PROVISIONS- SECTION 7 - PAGE 2 3/27/2013 • • 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. 7-11 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 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. • SIDWALK REPLACEMENT IN PARKS CITYWIDE RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 13-06 SPECIAL PROVISIONS -SECTION 7 - PAGE 3 • 3/27/2013 • 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 a Request for Waiver of Workers' Compensation Insurance Requirement form • 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 $1 Million per Occurrence / $2 Million Aggregate 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. 2. Insurers must have a Best's rating of B++, Class VII, or higher (this rating • surplus of 50 Million to with a minimumpolicyholder's $ includes those insurers wt p $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 • Springs 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 • SIDWALK REPLACEMENT IN PARKS CITYWIDE _ RESPONSIBILITIES OF THE CONTRACTOR • CITY PROJECT NO. 13-06 SPECIAL PROVISIONS-SECTION 7 - PAGE 4 3/27/2013 • • 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: r "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 mail 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 i Example B below. The Workers' Compensation and Employers Liability policies shall contain waiver of subrogation clause in favor of City, its elected officials, officers, employees, agents + and volunteers. See Example C below. 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 contractors 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 • SIDWALK REPLACEMENT IN PARKS CITYMDE - RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 13-06 SPECIAL PROVISIONS -SECTION 7 - PAGE 5 • 3/27/2013 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 TO MAIL 30 DAYS* WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN BUT F.A.11-1-IRE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION 0 • 1 IA1.]II ITV OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRFSENTATIVES • *The broker/agent can include a qualifier stating `10 days notice for • nonpayment of premium." Example C: 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. The City has recently joined SPARTA (Service Providers & Artisans Trade Activities • Program) to accommodate smaller contractors and service providers who have • difficulty in meeting the City's insurance requirements. The SPARTA Program offers a general liability program that provides the $1 million limit and, upon request, will also provide auto insurance with the $1 million limit (only in conjunction with the . purchase of general liability insurance). SPARTA is only available during the time • your company is under contract with the City. Insurance is provided on a per project basis and is overseen by the Municipality Insurance Services, Inc. Essex Insurance Company provides coverage and is an • A++ rated company. There is a 24-hour response time and coverage is immediate. SIDWALK REPLACEMENT IN PARKS CITYWIDE RESPONSIBILITIES OF THE CONTRACTOR • CITY PROJECT NO. 13-06 SPECIAL PROVISIONS -SECTION 7 - PAGE 6 3/27/2013 • A quote may be obtained by calling 1-800-420-0555 or online at www.2soarta.com. Type of work covered: A. Personal services contracts; B. General contractors and their subcontractors (certain specialty trades excluded); C. Consultants; and D. Providers of goods. 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 National Pollution Discharge Elimination System (NPDES) Permit - This project is subject to the requirements of General Permit No. CAS000002 issued by the • State Water Resources Control Board. This permit regulates storm water discharges associated with construction activities. NPDES permits are required for all storm water discharges associated with a construction activity where clearing, grading, and excavation results in a land disturbance of 1 or more acres. Storm water discharges • from a construction activity that results in a land disturbance of less than 1 acre, but which is part of a larger common plan of development or sale, also require a permit. Permits are required until construction is complete. The Contractor's attention is directed to. the California Department of Transportation (Caltrans)website at: www.dot.ca.gov/hq/construGstormwater/manuals.htm The Caltrans website contains SWPPP templates and other important information necessary in the preparation of a SWPPP for public works projects. Additionally the Contractor shall guarantee that complies with the following measures from the Regulatory Permits and Environmental Commitment Measures: • • Projects shall not discharge substances in concentrations toxic to 'human, plant, animal, or aquatic life or that produce detrimental physiological responses. . SIDWALK REPLACEMENT IN PARKS CITYWIDE RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 13-06 SPECIAL PROVISIONS-SECTION 7-PAGE 7 3/27/2013 • Projects shall not discharge waste classified as "hazardous" as defined in Title 22 • CCR section 66261and the California Water Code section 19179; • • No oil, petroleum products, or rubbish shall be allowed to enter into or be placed where it may be washed by rainfall or runoff into Municipal Separate Storm Water • Sewer System, including the public streets. • No equipment maintenance will be done within or near any stream channel where petroleum products or other pollutants from the equipment may enter into Municipal • Separate Storm Water Sewer System. • • Equipment refueling shall not occur within Municipal Separate Storm Water Sewer System. • Any oil or grease leaks shall be immediately cleaned up. The Construction Superintendent shall prepare a Construction Schedule and Best • Management Practices (BMP) Sequencing Schedule for the project. • Throughout the duration of the work, the Construction Superintendent shall ensure that • the following construction storm water monitoring actions are performed: • • Conduct site inspections before and after storm events. • Conduct inspections of construction sites prior to anticipated storm events and after actual storm events to identify areas contributing to a discharge of storm water • associated with construction activity, and evaluate whether control practices to reduce pollutant loadings are adequate and properly implemented or whether additional control practices are needed. A record of the inspections must include the • date of the inspection, the individual(s) who performed the inspection, and the • observations. • Any noncompliance or anticipated noncompliance shall be reported to the Engineer • immediately, for reporting to the Regional Water Quality Control Board (RWQCB). • The notifications shall identify the type(s) of noncompliance, describe the actions necessary to achieve compliance, and include a time schedule, subject- to the modifications by the RWQCB, indicating when compliance will be achieved. The Contractor shall allow authorized agents of the California Regional Water Quality Control Board (Regional Board), State Water Resources Control Board, U.S. Environmental Protection Agency, and local storm water management agencies, upon the presentation of credentials and other documents as may be required by law, to: 1. Enter, at reasonable times, upon the construction site and the Contractors facilities pertinent to the work. 2. Have access to inspector records at reasonable times. . SIDWALK REPLACEMENT IN PARKS CITYWIDE RESPONSIBILITIES OF THE CONTRACTOR . CITY PROJECT NO. 13-06 SPECIAL PROVISIONS -SECTION 7 -PAGE 8 3/27/2013 , 3. Inspect, at reasonable times, the construction site and related erosion and sediment control measures. • 4. The Contractor shall grant Regional Water Board staff, or an authorized • representative, upon presentation of credentials and other documents as may be required by law, to enter the project site at reasonable times, to ensure compliance with the terms and conditions of the WQC and/or to determine the impacts the • project may have on waters of the United States. 7-12.2 Payment — Full compensation for establishing and implementing, Best • Management Practices (BMPs), and monitoring and maintaining the BMPs throughout • the duration of this project shall be considered as included in the lump sum bid item price for "Initial Mobilization," which price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved to establish, implement, monitor and maintain the BMPs, and no additional compensation • shall be allowed therefore. 7-12.3 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. • 7-12.5 City of Palm Springs Construction Permit. The Contractor shall be required to obtain and sign a City of Palm Springs Construction Permit prior to commencement of the Work, but the fee for this permit shall be waived. The Construction Permit can be obtained from the office of the Engineer. 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 • Section 7-15 of these Special Provisions. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. • Materials and equipment shall be removed from the site as soon as they are no longer • necessary; and upon completion of the work and before final inspection the entire worksite shall be cleared of equipment, unused materials, trash, rubbish and debris so as to present a satisfactory clean and neat appearance, as approved by the Engineer. All cleanup costs shall be absorbed in the Contractor's bid. Full compensation for all work required in this section shall be considered as included in the contract prices paid for the related items of work and no additional compensation will be allowed therefore. . SIDWALK REPLACEMENT IN PARKS CITYWIDE RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 13-06 SPECIAL PROVISIONS- SECTION 7- PAGE 9 • 3/27/2013 • 7-15 DUST CONTROL • 7-15.1 General A. The Contractor shall be responsible for stabilizing the disturbed soil during construction. The method which it will use must be approved by the Engineer. If a • water meter is required by the Engineer during construction, the Contractor shall contact the Desert Water Agency at (760) 323-4971 to 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 rp oiect, in conformance with City requirements, Section 7-8 of the Standard Specifications, and to the satisfaction of the City Engineer. • 7-15.2 Dust Control Sign Requirements 7-15.2.1 Sign Materials and Fabrication. - The Contractor shall construct, erect, and • maintain a rectangular, painted sign, outside of any proposed work area. The sign shall • be installed within 5 days of the execution of the Contract, and the Contractor shall maintain the sign in good condition until the execution of the Notice of Completion, at which time the Contractor shall remove the sign and deliver it to the City yard. The sign board shall be minimum 5.5-foot wide by 4-foot high, constructed as follows: • a. 3/4" High Density Overlay exterior type plywood, Grade designation APA HDO EXT. b. Two 4" x 4" posts securely buried not less than 36 inches into the ground. No concrete shall be used to secure the sign posts. The posts shall be • treated with linseed replacement oil tinted with redwood stain. • C. Posts shall be attached to the edges of the plywood with a minimum of two (2) carriage bolts on each post. d. The front surface of the sign should be painted in the contrasting colors of a white background with black lettering. All paint shall be weather-proof • non fading enamel. e. Commercially prepared metal signs mounted on steel posts are also acceptable. f. For large projects, signs shall be installed at 300 feet spacing along • adjacent streets, or as required by the City Engineer. • No handwritten signs will be accepted. Stenciled or professionally prepared signs are required. 7-15.2.2 Sign Installation. - The sign shall be installed such that members of the public can easily view, access, and read the sing at all times and shall be located along the street frontage such that it will not be subject to damage from equipment or vehicles working at the project site. Additionally: . SIDWALK REPLACEMENT IN PARKS CITYWIDE RESPONSIBILITIES OF THE CONTRACTOR • CITY PROJECT NO. 13-06 - SPECIAL PROVISIONS-SECTION 7 - PAGE 10 4/1 1/2013 • • • • • • • a. The lower edge of the sign shall be mounted a minimum of 6 feet above existing ground level for easy viewing. • b. On the construction site the sign should be positioned so as to be visible • from all major streets. • c. For construction projects that are developed in phases, the sign should • be relocated to the areas which are under active construction. • 7-15.2.3 Sign Lettering. - The sign shall contain the following words in the top portion • of the sign in minimum 1.5 and 2 inch high (as indicated in parentheses) bold face type • letters: Project Name: (2") • Contractor: (2") • City Project No: (2") • IF YOU SEE DUST COMING (2") • FROM THIS PROJECT CALL (2") Underneath the sign shall contain the following words in the largest, minimum 3", bold • face type letters: • (PROJECT MANAGER'S NAME) (XXX) XXX-XXXX • The Contractor shall supply its Superintendent's or Project Manager's name and 24 hour telephone number. • Underneath in smaller, minimum 1.5" bold face type letters shall be the following words: • IF YOU DO NOT GET A RESPONSE, PLEASE CALL: • 8:06 a. m. —5:00 p.m. Monday to Thursday: (760) 323-8253 City of Palm Springs • Public Works and Engineering Department After hours or weekends please call: (760) 323-8115 City of Palm Springs • Police Department • Or call A.Q.M.D.: 1-800-288-7664 • The sign planning, appearance, and layout shall substantially conform to the sketch • included in Part III-Appendix, and shall be subject to the approval of the Engineer. The • sign shall be placed into its final position as a part of the work of Initial Mobilization. The sign need only to be placed in the vicinity of the work for Bid Schedules D,.E, F, G, and • H only. 7-15.2.4 Sign Maintenance. — Dust Control Sign shall be maintained in good condition by the Contractor at all times during the entire contract. In case of damage • to the sign from any cause, including graffiti, vandalism, environmental conditions and • fading, the Contractor shall repair, re-install, and/or repaint the sign, as required. All • such repair or maintenance shall be completed promptly within 2 days of any such • damage to the full satisfaction of the Engineer. • 7-15.2.5 Payment. - Full compensation for providing 24 hour dust control and project maintenance; and for furnishing, erecting, maintaining, and removing the dust control • sign shall be considered as included in the contract lump sum price paid for • mobilization, and no additional compensation will be allowed therefore. . • END OF SECTION - • • SIDWALK REPLACEMENT IN PARKS CITYWIDE RESPONSIBILITIES.OF THE CONTRACTOR CITY PROJECT NO- 13-06 SPECIAL PROVISIONS -SECTION 7- PAGE 11 • 4/11/2013 • • • • • • SECTION 8 -- FACILITIES FOR AGENCY PERSONNEL • • • (BLANK) • END OF SECTION - • • • • • • • • • • • • • • • • • • w • • • • • • • • • SIDWALK REPLACEMENT IN PARKS CITYWIDE FACILITIES FOR AGENCY PERSONNEL CITY PROJECT NO. 13-06 SPECIAL PROVISIONS-SECTION 8- PAGE 1 • 3/27/2013 • SECTION 9 - MEASUREMENT AND PAYMENT 9-1 GENERAL 9-1.1 Payment. - Payment for the various items of the Bid Sheets, as further specified herein, shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of work being described, as necessary to complete • the various items of work, all in accordance with the provisions for Measurement and Payment in the Standard Specifications and these Special Provisions, and as shown on the Drawings, including all appurtenances thereto, and including 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). No separate payment will be made for any item that is not specifically set forth in the Bid Sheet(s), and all costs shall be included in the prices named in the Bid Sheet(s) for the • various appurtenant items of work: 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. Subject to the provisions of Section 22300 of the Public Contract Code, a 5 percent • retention will be withheld from each payment. All invoices and detailed pay requests shall be approved by the Engineer before submittal to the City for payment. All billings shall be directed to the Engineer. 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 approximate measurement 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 Engineer shall review the Contractor's monthly measurement of the work, and shall either reject or approve the measurements. If • SIDWALK REPLACEMENT IN PARKS CITYWIDE MEASUREMENT AND PAYMENT CITY PROJECT NO. 13-06 SPECIAL PROVISIONS- SECTION 9- PAGE 1 • 312712013 • rejected, the Contractor shall revise the monthly measurement of work according to the Engineer's measurements, and resubmit for approval by the Engineer. The Contractor shall receive payment by mail to the Contractor's business address within 30 days of the Engineer's approval of the Contractor's monthly measurement of the work. Payments shall not be made more frequently than once per month. • 9-1.3 Payment. - The last subparagraph of Standard Specifications Section 9-3.1 shall be DELETED and the following substituted therefore: After 35 days of the Citys recordation of a Notice of Completion with the County Recorder, or as prescribed by law, the amount deducted from the partial payments and retained by the City will be • processed for payment to the Contractor, except for such amounts as are required by law to be • withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. • 9-2 PAYMENT SCHEDULE 9-2.1 Bid Schedule. - All pay line.items will be paid for at the unit prices named in the Bid Sheet(s) for the respective items of work. The quantities of work or material stated • as unit price items on the Bid Sheet(s) are supplied only to give an indication of the • general scope of the Work. The City does not expressly, .nor by implication, agree that the actual amount of work or material will correspond therewith, and reserves the right after the award of Contract to increase or decrease the quantity of any unit price item of • work, and shall have the right to delete any Bid item in its entirety, or to add additional • Bid items. 9-2.2 Initial Mobilization. - Measurement for payment for initial mobilization will be based upon completion of such work as a lump sum, non-proratable pay item, and shall • require completion of all of the listed items during the first 7 days following the Notice to • Proceed. Payment for Initial Mobilization will be made at the lump sum allowance named in the • Bid Sheet(s) under Item No. 1, which price shall constitute full compensation for all such • work. Payment for Initial Mobilization will be made in the form of a single, lump-sum, non-proratable payment, no part of which will be approved for payment under the Contract until all Initial Mobilization items listed herein have been completed as specified. The scope of the work included under. Pay Item No. 1 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 plant and equipment required for the Contractor's operations. 2. Installing temporary construction power, wiring, and lighting facilities. • 3. Establishing fire protection systems as specified in these Special Provisions. SIDWALK REPLACEMENT IN PARKS CITYWIDE MEASUREMENT AND PAYMENT • CITY PROJECT NO. 13-06 SPECIAL PROVISIONS - SECTION 9 - PAGE 2 3/27/2013 _ • • 5. Providing on-site communication facilities for the Contractor and the Engineer. . 6. Providing on-site sanitary facilities and potable water facilities 9. Obtaining and paying for all required bonds, insurance, and permits. 10. Posting all OSHA-required notices, and establishment of OSHA- approved safety programs. 11. Having the Contractor's superintendent at the job site full-time. • 12. Submitting of the required Construction Schedule, as specified in 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. No payment for any of the listed Initial Mobilization Work items will be made until all of the listed items have been completed to the satisfaction of the Engineer. The aforementioned amount will be 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 as a lump-sum item shall be in addition to the • retention of any payment pursuant to the provisions of Public Contract Code 22300. END OF SECTION - • SIDWALK REPLACEMENT IN PARKS CITYWIDE MEASUREMENT AND PAYMENT CITY PROJECT NO. 13-06 SPECIAL PROVISIONS- SECTION 9 - PAGE 3 . 411112013 • SECTION 10 -- CONSTRUCTION DETAILS 10-1 GENERAL 10-1.1 Construction Project Funding Identification Signs. - Before any major physical construction work is started on this contract, the Contractor shall erect a Construction Project Funding Identification Sign at the location designated by the Engineer. The sign shall be in accordance with the details contained within the Part III-Appendix of these . Special Provisions. The sign shall be kept clean and in good repair by the Contractor. Upon completion,of the work, the sign shall be removed and shall become the property of • the City. The sign shall be delivered to the City of Palm Springs Corporation Yard. Full compensation for fumishing, erecting, maintaining, and removing the construction • project funding identification sign shall be considered as included in the contract lump • sum price paid for mobilization and no additional compensation will be allowed therefore. 10-1.2 LOCATION OF THE WORK • The proposed sidewalk replacement work is located at the following City of Palm Springs parks: A. Desert Highland Park—480 W. Tramview Rd. B. Victoria Park- 2650 Via Miraleste • C. Wellness Park— 677 E. Tachevah Dr. • D. Ruth Hardy Park— 700 Tamarisk Rd. E. Frances Stevens Park— 538 N. Palm Canyon Dr. F. Baristo Park — 385 Calle El Segundo . G. Sunrise Park - 450 S. Sunrise Way • H. Demuth Park —4375 E. Mesquite Ave. At each park the required work locations will be marked by the City with orange paint prior to advertizing for bids. • 10-2 TRAFFIC CONTROL 10-2.1 Maintaining Traffic. Attention is directed to Sections 7-10, "Public Convenience and Safety," of the Standard Specifications. • 10-2.2 Field Operations. - The Engineer retains the authority to initiate field changes in • traffic control to ensure public safety and minimize traffic disruptions. The Contractor shall maintain all traffic control devices in proper working condition 24 hours a day, 7 days a week for the duration of the Work, regardless of whether the subject traffic control devices • were originally included in the Contract or Were added at the discretion of the Engineer. All traffic control devices shall be removed from view and non-operational when not in use. • SIDEWALK REPLACEMENT IN PARKS • CITY PROJECT NO, 13-06 CONSTRUCTION DETAILS 04/11/13 SPECIAL PROVISIONS-SECTION 10-PAGE 1 • • 10-2.3 Construction Signing, - Lighting and Barricading - Construction signing, • lighting and barricading shall be provided on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) 2012 EDITION or • subsequent editions in force at the time of construction. These signs and barricades shall • be indicated on and be an integral part of the Traffic Control Plan. 10-2.4 Temporary No Parking Signs. - Temporary No Parking signs shall be posted at least 24 hours, but no more than 48 hours in advance of the work. The signs shall be • placed no more than 100 feet apart on each side of the street and at shorter intervals if • conditions warrant. The Contractor shall provide the signs and will be responsible for adding the dates and hours of closure to the signs. Removal of signs and furnishing and placing of barricades, if necessary, for posting of signs will be provided. All signs shall be • removed within 24 hours after the effective date. • 10-2.6 Traffic Disruptions. - For all road closures, road detours, and lane closures, the Contractor shall obtain written approval from the Engineer a minimum of 2 working days prior to the commencement of the Work. All warning signs shall be manufactured with • high intensity faces and legends, and shall be placed at least 7 calendar days prior to the commencement of construction. Any of the Contractor's work shall not disrupt normal traffic signal operations. 10-2.8 Traffic Access and Control. - The Contractor shall provide and maintain all necessary traffic control to protect and guide traffic around all work in the construction zone, including solar-powered arrow boards. All traffic controls shall be clearly posted with signs prior to the commencement of the Work. All traffic restrictions listed herein shall • supplement any other traffic control requirements of the City, and are not intended to • replace any part of these requirements. Local access shall be maintained to all properties fronting the Work at all times. 10-2.9 Parking and Access. - Access shall be maintained to all driveways within the • construction zone, unless other prior arrangements have been made with the Engineer • and the affected property owner. 10-2.10 Pedestrians. - The Contractor shall erect signs and barricades to direct pedestrians through or around the construction zone. These signs and barricades shall be an integral part of the Contract, and shall be included as part of the Bid Item for traffic Control in the Bid Schedule, and no additional compensation will be allowed therefore. 10-2.11 Public Safety During Non-Working Hours. - Notwithstanding the Contractor's • primary responsibility for safety at the site of the Work when the Contractor is not present, • the Engineer, at his option, after attempting to contact the Contractor, may direct City forces to perform any functions he may deem necessary to ensure public safety at or in the vicinity of the site of the Work. If such procedures are implemented, the Contractor shall be responsible for all expenses incurred by the City. • SIDEWALK REPLACEMENT IN PARKS • CITY PROJECT NO. 13-06 CONSTRUCTION DETAILS • 04/11/13 SPECIAL PROVISIONS-SECTION 10-PAGE 2 • • • 10-2.13 Measurement and Payment - Measurement for payment for traffic control will be based upon the completion of all planning, design, engineering, furnishing, and construction, and maintenance and removal, of all traffic control as a lump sum item, complete, as required under the provisions of any permits, and in accordance with the . standard specifications and these special provisions. Payment for traffic control will be included in the lump sum Bid item for "Traffic Control", which price shall include full compensation for completion of all such work as required hereunder and no additional compensation will be allowed therefore. 10-3 EARTHWORK 10-3.1 Clearing and Grubbing. - All clearing and grubbing shall conform to Sections 300-1.1, 300-1.2; and 300-1.3 of the Standard Specifications. Clearing and grubbing shall consist of removing all existing objectionable natural materials in the area of the proposed Work to the satisfaction of the Engineer. Said objectionable materials shall be hauled away and property disposed of. Clearing and Grubbing shall also include, but not be limited to the following: 1. Removal of existing landscaping, including rocks, boulders, bricks, walls, • concrete borders, gravel, shrubs, and plants (excluding trees). • 2. Modification (or relocation) of irrigation improvements, including removal, relocation and capping of irrigation lines and sprinklers. 10-3.1.1 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 slated for removal as part of the • Contract, 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. 10-3.1.2 Trees Within Project Limits 10-3.1.2.1 General. - The Contractor shall exercise all necessary precautions so as not • to damage or destroy any trees or shrubs to be protected in place and shall not trim or remove any trees unless such trees have been approved for trimming or removal by the City. All existing trees and shrubs which are damaged during construction shall be trimmed or replaced by the Contractor or a certified tree company under permit from the • SIDEWALK REPLACEMENT IN PARKS CITY PROJECT NO. 13-06 CONSTRUCTION DETAILS 04/11/13 SPECIAL PROVISIONS-SECTION 10-PAGE 3 • City and to the satisfaction of the Engineer. Tree replacement shall be accomplished in . accordance with the following paragraph. 10-3.1.2.2 Replacement. - The Contractor shall immediately notify the City if any tree is damaged by the Contractor's operations. If, in the opinion of the City the damage is such • that replacement is necessary, the Contractor shall replace the tree at its own expense. • The tree shall be of a like size and variety as the tree damaged, or, if of a smaller size, the Contractor shall pay to the City an acceptable compensatory payment. The size of the trees shall be not less than 1-inch diameter or less than 6 feet in height. Fines will be assessed against the Contractor for trees removed without the City's prior written . approval. The minimum amount of fine or restitution to the City will be the replacement of • the tree removed, with one of equal or greater size and maturity and as approved by the City. Larger fines may be assessed against the Contractor depending upon the circumstances and type of tree removed, especially in the case of oak trees. • 10-3.1.3 Rights of Way. - The Contractor shall not do any work that would affect any oil, gas, sewer, or water pipeline; any.telephone, television, telegraph, or electric transmission line or cable; any fence; or any other structure. Maintaining in Service: All oil and gasoline pipelines, power, and telephone television, or other communication cable ducts, gas and water mains, irrigation lines, sewer lines, storm drain lines, poles, and overhead power and communication wires and cables encountered along the line of the Work shall remain continuously in service during all the operations • under the Contract, unless other arrangements satisfactory to the Engineer are made with . the owner of said pipelines, duct, main, irrigation line, sewer, storm drain, pole, or wire or cable. The Contractor shall be responsible for and shall repair all damage due to its operations, and the provisions of this Section shall not be abated even in the event such damage occurs after backfilling or is not discovered until after completion of the backfilling. Approval of Repairs. - All repairs to damaged improvements are subject to inspection and approval by an authorized representative of the improvement owner before being • concealed by backfill or other work. 10-3.1.4 Payment. - Payment for Clearing and Grubbing shall be considered as included in the contract prices paid for the related items of work and shall constitute full compensation for removal and disposal of all resulting materials as required in the . Standard Specifications, these Special Provisions and as directed by the Engineer. • 10-3.2 REMOVALS 10-3.2.1 Disposal Site. - The Contractor shall specify the route and the disposal site of • the material that is required to be removed and hauled away. The Contractor shall provide this information at the Pre-Construction Conference. The Contractor shall not stockpile any removals on any adjacent lots, with or without the property owner's approval. No burning of shrubs or other removal material will be allowed. • SIDEWALK REPLACEMENT IN PARKS CITY PROJECT NO. 13-06 - CONSTRUCTION DETAILS • 04/11/13 SPECIAL PROVISIONS-SECTION 10-PAGE 4 • 10-3.2.3 Portland Cement Concrete: Portland cement concrete improvements shall be removed to neatly sawed edges, with saw cuts made to a minimum depth of one-half the thickness of said concrete. Concrete to be removed shall be neatly sawed in straight lines, either parallel to the curb or at right angles to the alignment of the existing concrete • flatwork. The Contractor shall remove damaged sidewalk, curb and gutter, and barrier curb at the locations specified in Section 10-1.1 "Location of the Work" of these Special Provisions and in accordance with the Bid Schedules. 10-3.2.6 Payment Payment for removal of Portland cement concrete sidewalk shall be made at the unit • price bid per square foot for "Remove Existing PCC Sidewalk", which price shall include . full compensation for saw-cutting, removal, and disposal thereof, and no additional compensation will be allowed therefore. Payment for removal of concrete curb and gutter shall be made at the unit price bid per • linear foot for "Remove Existing PCC Curb & Gutter", which price shall include full • compensation for saw-cutting, removal, and disposal thereof, and no additional compensation will be allowed therefore. • Payment for removal of concrete barrier curb shall be made at the unit price bid per linear foot for "Remove Existing PCC Barrier Curb", which price shall include full compensation for saw-cutting, removal, and disposal thereof, and no additional compensation will be allowed therefore. • 10-3.3 UNCLASSIFIED EXCAVATION 10-3.3.1 Unclassified Excavation - Unclassified excavation shall consist of excavation of native material in excess of the proposed sidewalk or curb sections, and any removals not specifically listed as removal items in the Bid Schedule. The Contractor will coordinate his work with the City. Excavation shall be done in accordance with Section 300-2, "Unclassified Excavation" of the Standard Specifications. . 10-3.3.2 Payment. - Payment for unclassified excavation shall be considered as included in the various bid items of work, and no additional compensation shall be allowed therefore. 10-3.4 UNCLASSIFIED FILL 10-3.4.1 Unclassified Fill. - The Work shall conform to Section 300-4, "Unclassified Fill" of the Standard Specifications. However, the top 12 inches of subgrade and topsoil shall have a minimum relative compaction of 90 percent. • SIDEWALK REPLACEMENT IN PARKS • CITY PROJECT NO. 13-06 CONSTRUCTION DETAILS 04/11/13 SPECIAL PROVISIONS-SECTION 10-PAGE 5 • • 10-3.4.2 Payment. - Payment for all unclassified fill shall be considered as included in • the various bid items of work, and no additional compensation shall be allowed therefore. • 10-4 PORTLAND CEMENT CONCRETE 10-4.1 Material. Portland Cement Concrete of the class and type shown on City Standard Drawings shall be used to construct new sidewalk, driveway approach, barrier • curb, and access ramp. 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. . 10-4.2 Sidewalk. Sidewalk material shall be Portland cement concrete of type 560-C- 3250 (6 Sack). The width of the replaced concrete sidewalk shall match the existing. Construction of sidewalk shall conform to Section 303-5 of the Standard Specifications. • 10-5.5 Barrier Curb. Construction of 6" high barrier curb shall conform to the City of Palm Springs Standard Drawing No. 200, Type Al. The material shall be Portland cement concrete of type 560-C-3250 (6 Sack). 10-5.6 Curb and Gutter. Construction of new 6" curb and gutter shall conform to the City of Palm Springs Standard Drawings Number 200, Type A3. Portland Cement Concrete of type 560-C-3250 (6 Sack) shall be used for construction. Curb and Gutter and shall be constructed to the dimensions as specified in the City's Standard Drawings . but; application details and other specifications not explicitly shown or stated in the City's Standard Drawing, shall conform to Section 303-5 of the Standard Specifications. 10-5.8 Vandalism. The Contractor shall be responsible for protecting all new Portland cement concrete construction from vandalism until project is accepted by City. Any ' vandalism identified on new concrete construction shall be removed and replaced by the • Contractor, as required and directed by the City Engineer. 10-5.9 Payment. - Payment for construction of Portland cement concrete items will be based on the unit prices bid for the items shown in the bid schedules for P.C.C. items constructed complete in place, as specified in the standard specifications and in these special provisions and as directed by the Engineer. Payment for Portland cement concrete sidewalk per C.P.S. Std. Dwg. 210 shall be made • at the unit price bid per square foot for "Construct 4" PCC Sidewalk" and no additional • compensation will be allowed therefore. Payment for 6" Portland cement concrete curb & gutter per City of Palm Springs Std. Drawing 200 shall be made at the unit price bid per linear foot for "Construct 6" PCC • Curb & Gutter" and no additional compensation will be allowed therefore. Payment for Portland cement concrete barrier curb shall be made at the unit price bid per linear foot for "Construct 6" PCC Barrier Curb" and no additional compensation will • be allowed therefore. • SIDEWALK REPLACEMENT IN PARKS CITY PROJECT NO. 13-06 CONSTRUCTION DETAILS • 04/11/13 SPECIAL PROVISIONS-SECTION 10-PAGE 6 • • Payment for PCC items shall include full compensation for construction of PCC items including all material, labor, plant, equipment, furnishing all transportation, hauling, spreading, finishing, and protecting, complete in place, in accordance with the standard • specifications and these special provisions. No separate payment will be made for grading, preparation of subgrade, furnishing, and setting of expansion joint material, disposal of excess materials, and all other appurtenant items for which separate payment is not specifically provided in the bid. - END OF SECTION - SIDEWALK REPLACEMENT IN PARKS CITY PROJECT NO. 13-06 CONSTRUCTION DETAILS 04111/13 SPECIAL PROVISIONS-SECTION 10-PAGE 7 • • CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING DEPARTMENT PART III - APPENDIX SIDWALK REPLACEMENT IN PARKS CITYWIDE CITY PROJECT NO. 13-06 • Vicinity Map City of Palm Springs Standard Drawing No. 200 - Curbs, Gutters, and Cross-Gutters • Dust Control Sign Measure J Sign • SIDEWALK REPLACEMENT IN PARKS . CITY PROJECT NO. 13-06 CONTENTS - 04/11/13 PART III • • • M P.RMROM • • CESMHIGHLAND w PARR 1RM Y EW 0101E a O IAS vmAS • g� RMOWFiF- to F FARM S om A • � SMN RARML • e*y Yi. FRuws OR. ..r awlw • � z.,,wm mNRNP anF 6 • �¢ A RA COW aue RaM W. t oCgC /F \V,-, WRIN - IWA rRtla Rao 111SW 10 =D • D RL • MNm ROM NOlml i I i—`11 NOT TO SCME AMWU CANYON MyO � t \RRraaMBMOYY00 ROM^ 1Pis,NtlRLL V WAFA SUM • 9111NY.dMES RDM • 9R! RD. tl • d �'r nrtr�RNmr NEE! O N1011111t sallo1N RDM • EASE PM.N CANYON DRIVE ell RRXIt 10181 01111131111 tll/ICfL b ryr P� VICINITY MAP PALM SPRINGS • A — DESERT HIGHLAND PARK E — FRANCIS STEVENS PARK • B — VICTORIA PARK F — BARISTO PARK • C — WELLNESS PARK G — SUNRISE PARK • D — RUTH HARDY PARK H — DEMUTH PARK • • • NO- REVISIONS APPROVED DATE • R= 1/2" = 1/2 6" 24 • p A.C. PAVEMENT. 1 1/2" • R=1/2" 1/4" LIP (TYP) ,�• N U R_1. v • A.C. PAVEMENT .•. .• ` +.,.....�'i . N .'� • Al A2 A3 A.C. PAVEMENT 6" 24" 6" 12" 1' 1' • R=1/2" 1/2A 6" • v: 1/4" LIP (TYP) iv i! R=1"T • °D o R-1" _ _ • . N •ice ! ':p I_ - R=1/2" ONSITE ONLY ONSITE ONLY • A4 A.C. PAVEMENT Bl B2 • 24" 3' 3' • 18" 6" ¢ • 2"RR 8" . SLOPE 1/2" SLOPE 1"R . '' FLOWUNE 6 OF GUTTER 6 CROSSGUTTER-SECONDARY THOROUGHFARE 1/2" FIBER EXPANSION JOINT • Cl - END OF CURB DI 4' @ 4' 10" • 2" 2" SLOPE • 1/2" SLOPE 8„ • 8' CROSSGUTTER-MAJOR THOROUGHFARE El • D2 A.C. PAVEMENT NOTES: 1. TYPES Al, A2 AND E1 ARE BARRIER CURBS. 2. TYPES A,B,C AND D ARE CONSTRUCTED OF CLASS 560-C-3250 PORTLAND CEMENT CONCRETE. • 3. TYPE E1 IS CONSTRUCTED OF TYPE D2-AR8000 ASPHALT CONCRETE. 4. TYPE B CURB AND GUTTERS ARE FOR ONSITE USE ONLY. • 5. ALL EXPOSED CORNERS ON P.C.C. CURBS AND GUTTERSSHALL BE ROUNDED WITH A 1/2" RADIUS. • 6. EDGE OF A.C. PAVEMENT SHALL BE INSTALLED 1/4" ABOVE LIP OF GUTTER. 7. FOR EXPANSION AND WEAKENED PLANE JOINTS SEE SECTION 303-5.4 OF STANDARD SPECIFICATIONS FOR • PUBLIC WORKS CONSTRUCTION. SCORING SHALL BE DONE EVERY 5 FEET MAXIMUM WITH 1" DEEP WEAKENED PLANE JOINTS PROVIDED EVERY 10 FEET. • CITY. OF PALM SPRINGS APPROVED: DATE 'l i • PUBLIC WORKS & ENGINEERING DEPARTMENT CITY ENGINEER R.C.E. • CURBS, GUTTERS, AND DRAWN BY: G.F.F. FILE NO. STANDARDS CROSS-GUTTERS CHECKED BY: M.L.F. . DWG. NO. 2OO • • • 66" 1 .5" PROJECT NAME: SIDEWALK REPLACEMENT IN 2" PARKS CITYWIDE 2" 1 .5" CITY PROJECT NO: 1 3 - 06 2 1 .5" CONTRACTOR : XXXXXXXXXXXXXXXXXXXXX 2" IF YOU SEE DUST COMMING 2" FROM THIS PROJECT CALL : 2" JOHN DOE XXX - XXX - XXXX 3„ 00 IF YOU DO NOT GET A RESPONSE PLEASE CALL: 1 .5" 8: 00 AM - 6 : 00 PM MONDAY TO THURSDAY: 1 .5" 760- 323- 8253 CITY OF PALM SPRINGS 1 .5" AFTER HOURS OR WEEKENDS PLEASE CALL: 1 .5" 760- 323- 8115 CITY OF PALM SPRINGS POLICE DEPT. 1 .5" OR CALL A. Q. M . D . AT 1 - 800- 288- 7664 1 .5" - i DUST CONTROL SIGN 48" PROJECT NAME: SIDEWALK REPLACEMENT IN PARKS CITYWIDE. CITY PROJECT NO. 13-06 ENGINEER: CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING 24„ CONTRACTOR: BROWN LETTERS FUNDED BY: MEASURE "J" FUNDS TAN BACKGROUND MEASURE " J " PROJECT SIGN • • iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii • 48" PROJECT NAME: SIDEWALK REPLACEMENT IN PARKS CITYWIDE. CITY PROJECT NO. 13-06 ENGINEER: CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING 24„ CONTRACTOR: BROWN LETTERS FUNDED BY: MEASURE "J" FUNDS TAN BACKGROUND MEASURE " J " PROJECT SIGN