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HomeMy WebLinkAbout06348 - ZEUS CONSTRUCTION CO IFB 13-12 AIRPORT SECURITY CHECKPOINT AREA REMODEL Kathie Hart From: Suzanne Seymour Sent: Thursday,June 23, 2016 7:53 AM To: Kathie Hart; Mark Jucht Cc: Jay Thompson Subject: RE:A6348, Zenus p Okay to close. Suzanne .N1. Seymour _Administrative Secretary Palm Springs International Airport 3400 E.Tahquitz Canyon Way,Suite OFC Palm Springs,CA 92262 Phone: (760) 318-3804/Fax: (760) 318-3815 suzanne.seymourCapahnspringsca.gov From: Kathie Hart Sent: Wednesday, June 22, 2016 6:23 PM To: Mark Jucht; Suzanne Seymour Cc: Jay Thompson Subject: A6348, Zenus Airport Security Checkpoint Area Remodel (IF8 13-12) (15 working days) This agreement expired 6-2013. Ok to close? kRt-hbe Kathie Hart, MMC Chief Deputy City Clerk CALIFORNIA� City of Palm Springs "' (760) 323-8206 3200 E. Tahquitz Canyon Way _; (760) 322-8332 Palm Springs,CA 92262 P Kathie.Hart@PalmSpringsCA.gov City Hall is open 8 am to 6 pm, Monday through Thursday, and closed on Fridays. t City of Pal". . Springs Office of the.City Clerk -.3200 E.Tahquitz Canyon Way.'.• PFaim Springs,d.'92262 �ti cl:"(760)323-8204 !Fax:(760) 322-8332 • TDD:4760)864-9527.•'Web:,m w.pahnsprings-ca:gov May 24, 2014 Zeus Construction Co. Re: Certificate of Insurance City of Palm Springs Agreement No. A6348 Dear: During a review of the agreement file, it has been noted there are discrepancies relating to the certificate of insurance on file as listed below: The General Liability policy expired on 05/03/2014. The Workers Comp policy expired on 08/01/2013. The Automobile policy expired on 06/24/2013. Please contact your insurance office and request a current Certificate of Insurance and corresponding endorsements be sent to: Kathie Hart, CIVIC City of Palm Springs 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 Please email the requested document(s) to me at Kathie.Hart@PalmSpringsCA.gov. If you fax or email the certificate there is no need to forward a paper copy via the U.S. Mail. This will avoid duplication. Sincerely, Kathie Hart, CIVIC Chief Deputy City Clerk Post Office Box 2743 0 Palm Springs, California 92263-2743 Kathie Hart From: Mark Jucht Sent: Monday, May 13, 2013 2:29 PM To: Kathie Hart Cc: Thomas Nolan; Caren Nelson Subject: FW: Agreements Expiring in the Next 120 Days Attachments: May 2013 Airport Agr Exp Soon.pdf Kathie, Thank you for the list of upcoming agreement expirations. First, the Signature lease is for a portion of property that is currently under lease; Hangars#2 and 3. Signature is evaluating their potential for these facilities and they will likely continue. Second, the Zeus Construction Co. is for a 15 day remodel project. The work has not.yet started, we are hopeful that they will complete by the end of June 2013 as the term specifies.A630 Mark Jucht Airport Administration Manager Palm Springs International Airport 3400 E. Tahquitz Canyon Way Palm Springs, CA 92262 mark.iucht@palmsprinesca.aov (760)318-3808 From: Kathie Hart Sent: Sunday, May 12, 2013 2:30 PM To: Thomas Nolan Cc: Jay Thompson; Caren Nelson Subject: Agreements Expiring in the Next 120 Days Tom: Please find attached a report showing all agreements expiring within the next 120 days. Please review and advise of its status, i.e. it will not be renewed, may close, or working on renewal,etc. Thank you. m Kathie Hart, CMG Chief Deputy City Clerk City of Palm Springs (760)323-8206 3200 E. Tahqurtz Canyon Way aff(760)322-8332 Palm Springs, CA 92262 0KathieHarte almSpringsCA.gav Please note that City Nail is open 8 a.m. to 6 p.m.Monday through Thursday, and closed on Fridays at this time. 1 AGREEMENT THIS AGREEMENT made this \111 day of ADO in the year 2013, by and between the City of Palm Springs, a charier 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 ZaS OafnU CN CWANY 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: AIRPORT SECURITY CHECKPOINT AREA REMODEL, IFB 13-12 The Work is generally described as follows: A. Installation of a temporary construction enclosure. B. Removal of existing walls, ceilings and carpet on an area of approximately 376 sq/ft to open expand the existing Security Checkpoint area. C. Installation of new soffits, acoustic ceiling tile, and lighting fixtures. D. Some patching and finish work required. 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 $ 690 for each calendar day that expires after the time specified in Article 2, herein. AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 AGREEMENT FORM AGREEMENT AND BONDS- PAGE 14 ARTICLE 3 -- CONTRACT PRICE $13,750.00 The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid and Bid Schedule(s). ARTICLE 4-- THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers 0 to 0 , inclusive, and all Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5 -- PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the City as provided in the Contract Documents. ARTICLE 6 -- NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7 -- MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 AGREEMENT FORM AGREEMENT AND BONDS- PAGE 15 IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. APPROVED: B� ���� City Manage APPROVED BY CITY MANAGER DateO �63�8 ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By_ Not to Exceed $��a?r City Clerk without The ss �_� Authorization Eofrerhe ritten Manager city APPROVED AS TO FORM: By Zll*" City Attorney Date 47/— /o •)-N/3 AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 AGREEMENTFORM AGREEMENT AND BONDS-PAGE 16 CONTRACTOR: Name: one:_Individual_Partnership Xcorporation Address: 1L By: By: Signature (notarized) Signature(notarize Name: ___'y [Zl A Name: r Title: a�a�'CI��c� Title: (This Agreement must be signed in the above This Agreement must be signed in 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 P State of C A clekN/f1 C County of_f2(Il �2SID Ess County of l W 50r Css On —/3 On before me, L466 UI !C before me, ChA 4_4 / personally appeared lei IUAWIJCI personally appeared ,-) Y,24g/-e71Vs who proved to me on the basis of satisfactory who proved to me on the basis of atisfactory evidence to be the person(s) whose name(s) evidence to be the person(s)whose name(s) is/are is/are subscribed to the within instrument and subscribed to the within instrument and acknowledged to me that he/she/they executed acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon instrument the person(s), or the entity upon behalf behalf of which the person(s) acted, executed the of which the person(s) acted, executed the instrument. instrument. I certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing laws of the State of California that the foregoing paragraph is true and correct. paragraph is true and correct. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary S' nature: Notary Seal: Notary Seal: LINDA ROCHA Commission# 1958006 z Owy LINDA ROCHA i ,-® Notary Public-California zD Commission # 1958006 z Riverside County = , Notary Public-California i My Comm.Expires Nov 20,2015� zRiverside County Comm.Expires Nov 20,2015 AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 AGREEMENT FORM AGREEMENT AND BONDS- PAGE 17 CITY OF PALM SPRINGS, CALIFORNIA PROCUREMENT & CONTRACTING DEPARTMENT NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND SPECIAL PROVISIONS FOR CONSTRUCTION OF THE: AIRPORT SECURITY CHECKPOINT AREA REMODEL IFB 13-12 IN THE CITY OF PALM SPRINGS FEBRUARY 2013 OF PALM S U cn RPORAT EO C1Z I FO RXA\P Craig L.Gladders, C.P.M., Procurement & Contracting Manager Bids Open: February 28, 2013 AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 Dated: February 7, 2013 AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND SPECIAL PROVISIONS TABLE OF CONTENTS PART I -- BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS Notice Inviting Bids Instructions to Bidders Bid Forms Bid (Proposal) Bid Schedule List of Subcontractors Local Business Preference Program Good Faith Efforts Non-collusion Affidavit Bid Bond (Bid Security Form) Bidder's General Information Agreement and Bonds Agreement Form Worker's Compensation Certificate Payment Bond Performance Bond Certificate of Insurance PART II -- SPECIAL PROVISIONS Section 1 - Terms, Definitions, Abbreviations, and Symbols Section 2 - Scope and Control of Work Section 3 - Changes in Work Section 4 - Control of Materials Section 5 - Utilities Section 6 - Prosecution, Progress, and Acceptance of the Work Section 7 - Responsibilities of the Contractor Section 8 - Facilities for Agency Personnel Section 9 - Measurement and Payment Section 10 - Construction Details PART III -- APPENDICES APPENDIX "A" Plans and Specifications - Drawings AIRPORT SECURITY CHECKPOINT AREA REMODEL IFB 13-12 SPECIAL PROVISIONS CONTENTS- PAGE 1 CITY OF PALM SPRINGS PROCUREMENT & CONTRACTING DEPARTMENT PART I - BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS AIRPORT SECURITY CHECKPOINT AREA REMODEL, IFB 13-12 Notice Inviting Bids Instructions to Bidders Bid Forms Bid (Proposal) Bid Schedule List of Subcontractors Local Funds Only Local Business Preference Program Good Faith Efforts Non-Collusion Affidavit Bidder's General Information Bid Bond (Bid Security Form) Agreement and Bonds Agreement Form Worker's Compensation Certificate Performance Bond Payment Bond Certificate of Insurance AIRPORT SECURITY CHECKPOINT AREA REMODEL IFB 13-12 PART I - SPECIAL PROVISIONS GENERAL CONTENTS-PAGE 1 CITY OF PALM SPRINGS NOTICE INVITING BIDS FOR AIRPORT SECURITY CHECKPOINT AREA REMODEL, IFB 13-12 N-1 NOTICE IS HEREBY GIVEN that sealed bids for the minor remodeling of the Security Checkpoint area at the Palm Springs International Airport will be received at the office of the Procurement and Contracting Manager of the City of Palm Springs, California, until 3:00 P.M. on Thursday, February 28, 2013 at which time they will be opened and read aloud. N-2 DESCRIPTION OF THE WORK: The Work generally comprises the minor remodeling of the airport Security Checkpoint area as per the description below and as more fully set forth in the plans and specifications by the architect as attached: A. Installation of a temporary construction enclosure. B. Removal of existing walls, ceilings and carpet on an area of approximately 376 sq/ft to expand the existing Security Checkpoint area. C. Installation of new soffit, acoustic ceiling tile, and lighting fixtures. D. Some patching and finish work required. Bidders are strongly advised to inspect the site before submitting a bid. N-3 AWARD OF CONTRACT: (a) The City reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a bid, or to make award to the lowest responsive, responsible bidder and reject all other bids, as it may best serve the interest of the City. (b) As a condition of award, the successful bidder will be required to submit payment and performance bonds and insurance. N-4 BID SECURITY: each bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of 10 percent of the total bid price, payable to the City of Palm Springs. N-5 BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a period of 90 calendar days from the date of bid opening. N-6 CONTRACTOR'S LICENSE CLASSIFICATION: The Contractor shall possess a valid Class B-1 Contractor license at the time of submitting bids and shall act as the General Contractor, sub-contracting with other licensed trade contractors as required to complete the project. AIRPORT SECURITY CHECKPOINT AREA REMODEL IFB 13-12 NOTICE INVITING BIDS PAGE 1 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 PRE-BID WALK-THROUGH (Strongly Suggested): Prospective bidders are strongly advised to attend the pre-bid walk-through of the project site to acquaint potential bidders with the project and existing site conditions that may affect the work. The meeting will be held on Thursday, February 14, 2013, at 2:00 PM local time at the Palm Springs International Airport, 3400 E. Tahquitz Canyon Way, Palm Springs, CA 92262, in the main conference room on the second level above the main lobby. Bidders must examine and judge for themselves the location, surroundings, physical condition, and nature of any work to be done. Submission of a bid shall be construed as conclusive evidence that the bidder has made such an examination. N-10 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: (a) Contract Documents may be inspected without charge at the office of the Procurement and Contracting Manager, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. (b) Complete sets of said Contract Documents may be obtained free of charge via electronic transmission from the City of Palm Springs Procurement & Contracting Department by contacting Craig Gladders at 760-322-8368 or via email at Craig.Gladdersapalmspringsca.gov Vendors that obtain the bid documents electronically shall be required to create printed copies at their own expense. (c) Obtaining Bid Documents and registration as a Bidder: If you are interested in submitting a bid, Bidders shall contact Craig Gladders, Procurement & Contracting Manager by e-mail at Craig.Gladders@palmspringsca.gov, or by phone at (760) 322- 8368, 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. (d) 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 Bid Document and used to submit a bid. (e) All questions about the meaning or intent of the Bid Documents are to be directed to the Procurement & Contracting Manager. Questions shall be submitted in writing ONLY to: Craig Gladders, Procurement & Contracting Manager, by fax to (760) 323-8238, or by e-mail to Craiq.Gladders(a)palmspringsca.gov Questions must be submitted by 3:00 PM, Wednesday, February 20, 2013. AIRPORT SECURITY CHECKPOINT AREA REMODEL IFB 13-12 NOTICE INVITING BIDS PAGE 2 N-11 LOCAL BUSINESS PROMOTION — In accordance with the provisions of Palm Springs Ordinance No. 1756, and Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference Program", subsection (5) "Local Preference in Public Works Contracts (Sub-Contracting)", the prime contractor shall use good faith efforts to sub- contract the supply of materials and equipment to local business enterprises and to sub- contract services to businesses whose work force resides within the Coachella Valley. N-12 ADDRESS AND MARKING OF BIDS: The envelope enclosing the Bid shall be sealed and addressed to the City of Palm Springs, and shall be delivered or mailed to the Procurement & Contracting Manager at 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. The envelope shall be plainly marked in the upper left hand corner with the name and address of the Bidder and shall bear the words "Bid For..." followed by the title of the Project and the date and hour of opening Bids. The certified or cashier's check or Bid Bond shall be enclosed in the same envelope with the Bid. BY ORDER OF THE CITY OF PALM SPRINGS By Craig L. Gladders, C.P.M. Procurement & Contracting Manager February 7, 2013 AIRPORT SECURITY CHECKPOINT AREA REMODEL IFB 13.12 NOTICE INVITING BIDS PAGE 3 CITY OF PALM SPRINGS INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS - Terms used in these Instructions to Bidders and the Notice Inviting Bids and not defined herein shall have the meanings assigned to them in the General and Special Provisions. The term "Bidder" shall mean one who submits a Bid directly to the City, as distinct from a sub-bidder, who submits a Bid to a Bidder. The term "City's Project Representative" shall be as defined in the Special Provisions. 2. COMPETENCY OF BIDDERS - In selecting the lowest responsive, responsible Bidder, consideration will be given not only to the financial standing of the Bidder, but also to the general competency of the Bidder for the performance of the Work covered by the Bid. To this end, each Bid shall be supported by a statement of the Bidder's experience as of recent date on the form entitled "Bidder's General Information," bound herein. Except as otherwise provided under Public Contract Code §20103.5, no Bid for the Work will be accepted from a contractor who does not hold a valid contractor's license in the State of California for the classifications named in the Notice Inviting Bids at the time of award. 3. DISQUALIFICATION OF BIDDERS - More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. If the City believes that any Bidder is interested in more than one Bid for the Work contemplated, all Bids in which such Bidder is interested will be rejected. If the City believes that collusion exists among the Bidders, all Bids will be rejected. 4. BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND THE SITE — a) It is the responsibility of each Bidder before submitting a Bid to examine the Contract Documents thoroughly; visit the site to become familiar with local conditions that may affect cost, progress, or performance of the Work; consider federal, state, and local laws and regulations that may affect cost, progress, or performance of the Work; study and carefully correlate the Bidder's observations with the Contract Documents; and notify the Procurement & Contracting Manager of all conflicts, errors, or discrepancies noted in the Contract Documents. (b) Reference is made to the Special Provisions for identification of those reports of explorations and tests of subsurface conditions at the site which may have been utilized by the City in the preparation of the Contract Documents (if applicable). However, such reports are NOT a part of the Contract Documents. The interpretation of such technical data, including any interpolation or extrapolation thereof, together with non-technical data, interpretations, and opinions contained therein or the completeness thereof is the responsibility of the Bidder. (c) Copies of such reports and drawings will be made available for inspection by the City to any Bidder upon request (if applicable). Those reports and drawings are NOT part of the Contract Documents, but any technical data contained therein upon which the Bidder is entitled to rely is limited to that set forth in the Special Provisions. (d) Subject to the provisions of Section 4215 of the California Government Code, information and data reflected in the Contract Documents with respect to underground AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 INSTRUCTIONS TO BIDDERS-PAGE 1 utilities at or contiguous to the site is based upon information and data furnished to the City by the owners of such underground utilities or others, and the City does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Special Provisions. (e) Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground utilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in the Standard Specifications and Special Provisions (if applicable). (f) Before submitting a Bid, each Bidder must, at Bidder's own expense, make or obtain any additional examinations and investigations which pertain to the physical conditions (surface, subsurface, and underground utilities, if applicable) at or contiguous to the site or otherwise which may affect cost, progress, or performance of the Work and which the Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents. (g) Where feasible, upon request in advance, the City will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submittal of a Bid. The Bidder shall fill all exploration and test holes made by the Bidder and shall repair damage, clean up, and restore the site to its former condition upon completion of such exploration (if applicable). (h) The lands upon which the Work is to be performed, the rights-of-way and easements for access thereto, and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents (if applicable). All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Contractor. Easement for permanent structures or permanent changes in existing structures will be obtained and paid for by the City unless otherwise provided in the Contract Documents. (i) The submittal of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article; that without exception the Bid is premised upon performing the Work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents; and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all the terms and conditions for performance of the Work. 5. INTERPRETATIONS - All questions about the meaning or intent of the Contract Documents are to be directed to the Procurement & Contracting Manager. Interpretations or clarifications considered necessary by the Procurement & Contracting Manager, in consultation with the City's Project Representative and Architect in response to such questions will be resolved by the issuance of Addenda mailed or delivered to all parties recorded by the Procurement & Contracting Manager or the City as having received the Contract Documents. Questions received less than 5 days prior to the date of opening Bids may not be answered. Only questions that have been resolved by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 INSTRUCTIONS TO BIDDERS- PAGE 2 6. BID SECURITY, BONDS, AND INSURANCE - Each Bid shall be accompanied by a certified or cashier's check or approved Bid Bond in the amount stated in the Notice Inviting Bids. Said check or bond shall be made payable to the City and shall be given as a guarantee that the Bidder, if awarded the Work, will enter into an Agreement with the City and will furnish the necessary insurance certificates, and Payment and Performance Bonds. Each of said bonds and insurance certificates shall be in the amounts stated in the Standard Specifications or Special Provisions. In case of refusal or failure of the successful Bidder to enter into said Agreement, the check or Bid Bond, as the case may be, shall be forfeited to the City. If the Bidder elects to furnish a Bid Bond as its security, the Bidder shall use the Bid Bond form bound herein, or one conforming substantially to it in form. 7. RETURN OF BID SECURITY - Within 14 days after award of the Contract, the City will return all bid securities accompanying such of the Bids that are not considered in making the award. All other Bid securities will be held until the Agreement has been finally executed. They will then be returned to the respective Bidders whose Bids they accompany. 8. BID FORM - The Bid shall be made on the Bid Schedule sheets bound herein. Unless otherwise provided in the Notice Inviting Bids, in the event there is more than one Bid Schedule, the Bidder may Bid on any individual schedule or on any combination of schedules. All bid items shall be properly filled out. Where so indicated in the Bid Documents, Bid price shall be shown in words and figures, and in the event of any conflict between the words and figures, the words shall govern. The envelope enclosing the sealed bids shall be plainly marked in the upper left-hand 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 5100 et seq. of the California Public Contract Code. In case of discrepancy between the unit price and the total set forth for a unit basis item, the unit price shall prevail, except as provided in (a) or(b), as follows: (a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount as the entry in the item total column, then the AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 INSTRUCTIONS TO BIDDERS-PAGE 3 amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price; (b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly 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. In the event that there is more than one Bid Item in a Bid Schedule and the total indicated for the schedule does not agree with the sum of prices Bid on the individual items, the prices bid on the individual items shall govern and the total for the schedule will be corrected accordingly, and the Contractor shall be bound by said correction, subject to the provisions of Section 5100 et seq. of the California Public Contract Code. 11. QUANTITIES OF WORK — *THIS SECTION DOES NOT APPLY AS THIS IS A LUMP SUM CONTRACT*. (a) The quantities of work a oterel stated an nit n items of the. Rid supplied only to give 'nediGatien of the general seepe of the. Werk; the Gity .lees net .e enre ssl.. by p"Gatien agree that the Dot .el anno .nt of . .nrL or rn;;tprk;l .:II Gerrespend therewith. (b) In the event of an inGFease r edeerease ORo hit item quantity of a nit PFiGe GOntFaGt the tetal amount of werk arAually done or nnateFWE; or equipment fuFnished shall paid he for n oreding to the Unit pliGes established fer a .eh Bork under the Gontdeet DC1Gunnentn provided, that .en unit pItioe Go tFaiste RGPe..seS of mena than 26 peFGent, deGFeases of mePe thaR 26 PeFGent, and eliminated items shall be adjusted as pFevid 12. WITHDRAWAL OF BID - The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or it's properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids prior to the scheduled closing time for receipt of Bids. 13. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS - Unauthorized conditions, limitations, or provisos attached to the Bid will render it informal and may cause its rejection as being non-responsive. The completed Bid forms shall be without interlineation, alterations, or erasures. Alternative Bids will not be considered unless expressly called for in the Notice Inviting Bids. Oral, FAX, telegraphic, or telephone Bids or modifications will not be considered. 14. LIQUIDATED DAMAGES - Provisions for liquidated damages, if any, shall be as set forth in the Agreement and the provisions of the Special Provisions. 15. SUBSTITUTE OR "OR-EQUAL" ITEMS - The procedure for submittal of any application for a substitute or `or-equal" item by the Contractor and consideration by the City is set forth in Section 4 of the Standard Specifications and Special Provisions. 16. AWARD OF CONTRACT - Award of Contract, if it is awarded, will be based primarily on the lowest overall cost to the City, and will be made to a responsive, responsible Bidder whose Bid complies with all the requirements prescribed. Unless AIRPORT SECURITY CHECKPOINTAREA REMODEL IFS 13-12 INSTRUCTIONS TO BIDDERS-PAGE 4 otherwise specified, any such award will be made within the period stated in the Notice Inviting Bids that the Bids are to remain open, unless extended by mutual agreement of the bidders. Unless otherwise indicated, a single award will not be made for less than all the Bid Items of an individual Bid Schedule. In the event the Work is contained in more than one Bid Schedule, the City may award schedules individually or in combination. In the case of 2 or more Bid Schedules which are alternative to each other, only one of such alternative schedules will be awarded. 17. EXECUTION OF AGREEMENT - The Bidder to whom award is made shall execute a written Agreement with the City on the form of agreement provided, shall secure all insurance, and shall fumish all certificates and bonds required by the Contract Documents within 15 calendar days after receipt of the Agreement forms from the City. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award and forfeiture of the Bid Security. If the lowest responsive, responsible bidder refuses or fails to execute the Agreement, the City may award the Contract to the second lowest responsive, responsible Bidder. If the second lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the City may award the Contract to the third lowest responsive, responsible Bidder. On the failure or refusal of such second or third lowest Bidder to execute the Agreement, each such bidder's Bid Securities shall be likewise forfeited to the City. 18. WORKER'S COMPENSATION REQUIREMENT - The Bidder should be aware that in accordance with laws of the State of California, the Bidder will, if awarded the Contract, be required to secure the payment of compensation to its employees and execute the Worker's Compensation Certification. - END OF INSTRUCTIONS TO BIDDERS- AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 INSTRUCTIONS TO BIDDERS-PAGE 5 BID DOCUMENTS Only the following listed documents, identified in the lower right corner as "Bid Forms" shall be fully executed and submitted with the Bid at the time of opening of Bids. Bid (Proposal) Bid Schedule(s) List of Subcontractors Local Business Preference Program Good Faith Efforts Non-collusion Affidavit Bid Bond (Bid Security Form) Bidder's General Information Failure of a Bidder to fully execute and submit all of the listed documents with the Bid will render a Bid as non-responsive and subject to rejection. AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 COVER SHEET 610 FORMS-PAGE 1 BID SIGNATURE FORM 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: AIRPORT SECURITY CHECKPOINT AREA REMODEL, IFB 13-12 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 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 Date Number Date Number Date Number Date Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of California Labor Code Section 1860, et seq., the undersigned confirms the following as its certification: I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non- collusion Affidavit, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 BID SIGNATURE FORM BID FORMS-PAGE 2 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: AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 BID SIGNATURE FORM BID FORMS-PAGE 3 BID SCHEDULE Lump Sum Price for Construction of AIRPORT SECURITY CHECKPOINT AREA REMODEL, IFB 13-12 In Palm Springs, California Item Description A. Installation of a temporary construction enclosure. B. Removal of existing walls, ceilings and carpet on an area of approximately 376 sq/ft to expand the existing Security Checkpoint area. C. Installation of new soffit, acoustic ceiling tile, and lighting fixtures. D. Some patching and finish work required. TOTAL BID PRICE - FOR SCHEDULE For the lump sum of (Price in figures) (Price in words) Name of Bidder AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 BID SIGNATURE FORM BID FORMS-PAGE 4 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. AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 LIST OF SUBCONTRACTORS BID FORMS-PAGE 5 LOCAL BUSINESS PREFERENCE PROGRAM - GOOD FAITH EFFORTS IFB 13-12 Bid Opening Date February 28, 2013 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: AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 LOCAL BUSINESS PREFERENCE PROGRAM GOOD FAITH EFFORTS BID FORMS-PAGE 6 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 AIRPORT SECURITY CHECKPOINTAREA REMODEL IFS 13-12 LOCAL BUSINESS PREFERENCE PROGRAM GOOD FAITH EFFORTS BID FORMS-PAGE 7 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. AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 LOCAL BUSINESS PREFERENCE PROGRAM GOOD FAITH EFFORTS BID FORMS-PAGE 8 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of ) I, being first duly sworn, deposes and says that he or she is of , the 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 AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 NON-COLLUSION AFFIDAVIT BID FORMS- PAGE 9 ALL-PURPOSE ACKNOWLEDGMENT State of County of On before me, Date Name,Title of Officer personally appeared NAME(S)OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature of Notary ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Named Above AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 NON-COLLUSION AFFIDAVIT BID FORMS - PAGE 10 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: AIRPORT SECURITY CHECKPOINT AREA REMODEL, IFB 13-12 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,_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 SURETY: Signature(NOTARIZED) Print Name and Title: By Signature(NOTARIZED) By Print Name and Title Signature(NOTARIZED) Print Name and Title: AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 BID BOND (BID SECURITY FORM) BID FORMS- PAGE 11 BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: 2. CONTRACTOR'S Telephone Number: ( ) Facsimile Number: ( ) 3. CONTRACTOR'S License: Primary Classification State License Number(s) Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety Address Surety Company Telephone Numbers: Agent( ) Surety( ) 5. Type of Firm (Individual, Partnership or Corporation): 6. Corporation organized under the laws of the State of: 7. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm: AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 BIDDER'S GENERAL INFORMATION BID FORMS-PAGE 12 BIDDER'S GENERAL INFORMATION (Continued) 8. Number of years experience as a contractor in this specific type of construction work: 9. List at least three related projects completed to date: a. Owner Address Contact Class of Work Phone Contract Amount Project Date Completed Contact Person Telephone number b. Owner Address Contact Class of Work Phone Contract Amount Project Date Completed Contact Person Telephone number C. Owner Address Contact Class of Work Phone Contract Amount Project Date Completed Contact Person Telephone number 10. List the name and title of the person who will supervise full-time the proposed work for your firm: 11. Is full-time supervisor an employee contract services 12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the City. AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 BIDDER'S GENERAL INFORMATION BID FORMS- PAGE 13 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 Schedule(s) of the City's Contract Documents entitled: AIRPORT SECURITY CHECKPOINT AREA REMODEL, IFB 13-12 The Work is generally described as follows: A. Installation of a temporary construction enclosure. B. Removal of existing walls, ceilings and carpet on an area of approximately 376 sq/ft to open expand the existing Security Checkpoint area. C. Installation of new soffits, acoustic ceiling tile, and lighting fixtures. D. Some patching and finish work required. 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 $ 690 for each calendar day that expires after the time specified in Article 2, herein. AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13.12 AGREEMENT FORM AGREEMENT AND BONDS - PAGE 14 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, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers to , inclusive, and all Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5 -- PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the City as provided in the Contract Documents. ARTICLE 6 -- NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7 -- MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the 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 parry hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 AGREEMENT FORM AGREEMENT AND BONDS- PAGE 15 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 By City Clerk APPROVED AS TO FORM: By City Attorney Date CONTENTS APPROVED: By City Manager Date APPROVED BY THE CITY COUNCIL: bate Agreement No. Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 AGREEMENT FORM AGREEMENT AND BONDS- PAGE 16 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 ❑ss County of ❑ss On On before me, before me, personally appeared personally appeared who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) evidence to be the person(s)whose name(s) is/are is/are subscribed to the within instrument and subscribed to the within instrument and acknowledged to me that he/she/they executed acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon instrument the person(s), or the entity upon behalf behalf of which the person(s) acted, executed the of which the person(s) acted, executed the instrument. instrument. I certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing laws of the State of California that the foregoing paragraph is true and correct. paragraph is true and correct. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal: Notary Seal: AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 AGREEMENT FORM AGREEMENT AND BONDS- PAGE 17 WORKER'S COMPENSATION CERTIFICATE (AS REQUIRED BY SECTION 1861 OF THE CALIFORNIA LABOR CODE) I am aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract. Contractor By Title By Signature(NOTARIZED) Print Name and Title: By Signature(NOTARIZED) Print Name and Title: SURETY: By Title (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 WORKER'S COMPENSATION CERTIFICATE AGREEMENT AND BONDS-PAGE 18 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That as Contractor, And as Surety, are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the County of Riverside, State of California, hereinafter called the "City," in the sum of: dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Contractor has been awarded and is about to enter into the annexed agreement with said City to perform the Work as specified or indicated in the Contract Documents entitled: AIRPORT SECURITY CHECKPOINT AREA REMODEL, IFB 13-12 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. PAYMENT BOND AGREEMENT AND BONDS-PAGE 19 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 201. CONTRACTOR: (Check one: _individual, partnership, _corporation) (Corporations require two signatures; one from each of the following groups: A. Chairman of Board, President, or any Vice President; AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). By Signature (NOTARIZED) Print Name and Title: By Signature (NOTARIZED) Print Name and Title: SURETY By Title (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) PAYMENT BOND AGREEMENT AND BONDS-PAGE 20 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That as Contractor, and as Surety, are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the County of Riverside, California, hereinafter called the "City," in the sum of: dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said City to perform the Work as specified or indicated in the Contract Documents entitled: AIRPORT SECURITY CHECKPOINT AREA REMODEL, IFB 13-12 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 fumished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said Contractor or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED, this day of 201_ CONTRACTOR: Check one: individual, _partnership, corporation (Corporations require two signatures; one from each of the following groups: A. Chairman of Board, President, or any Vice President; AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). By AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 PERFORMANCE BOND AGREEMENT AND BONDS-PAGE 21 signature (NOTARIZED) AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 PERFORMANCE BOND AGREEMENT AND BONDS-PAGE 22 Print Name and Title: By signature (NOTARIZED) Print Name and Title: SURETY: By signature (NOTARIZED) Print Name and Title: AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 PERFORMANCE BOND AGREEMENT AND BONDS-PAGE 23 CERTIFICATE OF INSURANCE THIS CERTIFICATE ISSUED TO THE OWNER/AGENTS LISTED BELOW DESIGNATED BY THE CONTRACT WITH THE INSURED NAME AND ADDRESS OF INSURED INSURANCE COMPANIES AFFORDING COVERAGE COMPANY A B C D TYPE OF WORK PERFORMED AND LOCATION LIMITS OF LIABILITY IN THOUSANDS(x1000) v„a TYPE OF INSURANCE POLICY NUMBER EACH COMPREHENSIVE GENERAL LIABILITY Including: ❑ EXP OSION AND COLLAPSE BODILY INJURY $ $ ❑ UNDERGROUND DAMAGE $ $ ❑ PROPERTY DAMAGE PROWCTSICOMRETED OPERATIONS ❑ CONTRACTUAL INSURANCE or ❑ BROAD FORM PROPERTY DAMAGE ❑ INDEPENDENT CONTRACTORS BODILY INJURY AND ❑ PERSONAL INJURY PROPERTY $ $ DAMAGE COMBINED PERSONAL INJURY $ COMPREHENSIVE AUTOMOBILE BODILY eUUPY LIABILITY EACH PERSON $ Including: EACH ACCIDENT ❑ OWNED ❑ $HIRED PROPERTY DAMAGE ❑ NON-OWNED q ❑ MOTOR CARRIER ACT BODILY INJURY AND PROPERTY $ DAMAGE COMBINED EXCESS LIASNTY BODILY INJURY Including: AND PROPERTY ❑ EMPLOYER'S LIABILITY DAMAGE COMBINED $ WORKER'S COMPENSATION STATUTORY ,land EMPLOYER'S LIABILITY Including: EL $ ?EACH ❑ LONG SHOREMEN'S AND ACCIDENT? HARBORWORKERS OTHER ADDITIONAL INSURED ENDORSEMENT-CITY OF PALM SPRINGS The undersigned certifies that he or she I$the representative of the above-named insurance companies,that he or she has the authority to execute and issue this certificate to Certificate Holder,and accordingly,does hereby certify on behalf of said insurance companies that policies of insurance listed above have been issued to the insured named above and are in force at this time. Notwithstanding any requirement term,or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to at the terms,exclusions,and conditions Of such policies. Copies of the policies shown will be furnished to the Certificate Holder upon request. This Certificate does not amend,extend,Or alter the coverage afforded by the policies listed. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof,the issuing company will mail 30 days written notice to the below-named certificate holder: NAME AND ADDRESS OF ADDITIONAL INSURED DATE ISSUED BY AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 CERTIFICATE OF INSURANCE AGREEMENT AND BONDS-PAGE 24 AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 CERTIFICATE OF INSURANCE AGREEMENT AND BONDS- PAGE 25 CITY OF PALM SPRINGS PROCUREMENT & CONTRACTING DEPARTMENT PART II -- SPECIAL PROVISIONS AIRPORT SECURITY CHECKPOINT AREA REMODEL, IFB 13-12 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 AIRPORT SECURITY CHECKPOINT AREA REMODEL,IFB 13-12 PART II --SPECIAL PROVISIONS 2/7/13 GENERAL CONTENTS-PAGE 1 CITY OF PALM SPRINGS PROCUREMENT & CONTRACTING DEPARTMENT SPECIAL PROVISIONS AIRPORT SECURITY CHECKPOINT AREA REMODEL, IFB 13-12 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 (if applicable), including all current supplements, addenda, and revisions thereof, these Special Provisions, the Architect's Specifications and the Standard Plans identified in the Appendix, insofar as the same may apply to, and be in accordance with, the following Special Provisions. In case of conflict between the Standard Specifications for Public Works Construction ("Greenbook") and these Special Provisions, the Special Provisions shall take precedence over, and be used in lieu of, such conflicting portions. 1-1.2 Supplementary Reference Specifications. - Insofar as references may be made in these Special Provisions to the Caltrans Standard Specifications (if applicable), such work shall conform to the referenced portions of the technical provisions only of said reference specifications, provided, that wherever the term "Standard Specifications" is used without the prefix "Caltrans," it shall mean the Standard Specifications for Public Works Construction ("Greenbook"), 2012 Edition, as previously specified in the above paragraph. 1-2 LEGAL ADDRESS 1-2.1 Legal Address of the City. - The official address of the City shall be City of Palm Springs, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, or such other address as the City may subsequently designate in written notice to the Contractor. 1-2.2 Legal Address of the Architect. - The official address of the licensed architect for this project is Urrutia Architects, 165 N. Luring Drive, Palm Springs, CA 92262, or such other address as the City may subsequently designate in writing to the Contractor. AIRPORT SECURITY CHECKPOINT AREA REMODEL,IFB 13-12 TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 2/7/13 SPECIAL PROVISIONS-SECTION 1 - PAGE 1 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 Executive Director of the Airport, City of Palm Springs, Airport Department, 3400 E. 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. Architect—The Architect of record for the project, Urrutia Architects Engineer - The individual, partnership, firm, or corporation duly authorized by the Owner to be responsible for engineering inspection of the contract work and acting directly or through an authorized representative. The Engineer shall be understood to be the Architect of the Owner or th a Owner's duly authorized representative. Liquidated Damages - The amount prescribed in the Special Provisions, pursuant to the authority of Government Code Section 53069.85, to be paid to the City or to be deducted from any payments due, or to become due, the Contractor for each day's delay in completing the whole or any specified portion of the Work beyond the time allowed in the Special Provisions. Standard Plans-The Standard Drawings and the Special Drawings of the City of Palm Springs. Owner-The Owner shall be the Agency, as defined above. Working Day-A Working Day is defined as any day, except as follows: (a) 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 Friday or Saturday, the Thursday before the holiday shall be a designated legal holiday. When a designated holiday falls on a Sunday, the Monday after the holiday shall be a designated legal holiday. (b) Days on which the Contractor is prevented by inclement weather or conditions resulting immediately therefrom adverse to the current controlling operation or operations, as determined by the City,from proceeding with at least 75 percent of the normal labor and equipment force engaged AIRPORT SECURITY CHECKPOINT AREA REMODEL,IFB 13-12 TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 2/7/13 SPECIAL PROVISIONS-SECTION 1 -PAGE 2 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 - AIRPORT SECURITY CHECKPOINT AREA REMODEL,IFB 13-12 TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 2/7/13 SPECIAL PROVISIONS-SECTION 1 - PAGE 3 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: 15 WORKING DAYS *NOTE THAT WORK MAY BE PERFORMED ONLY DURING THE HOURS OF 7:00 PM TO 4:OOAM TO AVOID DISRUPTION TO THE TRAVELING PUBLIC, AND WEEKENDS ARE PERMISSIBLE FOR THIS PROJECT* 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. As set forth in the Agreement, the Contractor shall pay to the City as liquidated damages the sum set forth in the Agreement per day for each and every calendar day's delay in finishing the Work in excess of the number of working days prescribed above. The location of the work at the Airport is not in a controlled secure area and therefore special Airport Security Requirements shall be waived for this project. 2-1.1 Subcontracts. In addition to the subcontractors required to be listed in accordance with Section 2-3.1 of the Standard Specifications, each proposal shall have listed therein the name and address of all subcontractors, regardless of the amount of work. The list of subcontractors shall also set forth the portion of work that will be done by each subcontractor listed. A sheet for listing the subcontractors is included in the Proposal. 2-2 CONTRACT BONDS 2-2.1 BONDING COMPANY WAIVER OF RIGHT OF NOTIFICATION The following shall be added at the end of Section 2-4 of the Standard Specifications: 'The Contractor shall ensure that its Bonding Company is familiar with all of the terms and conditions of the Contract Documents, and shall obtain a written acknowledgement by the 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 AIRPORT SECURITY CHECKPOINT AREA REMODEL,IFB 13-12 SCOPE AND CONTROL OF WORK 2/7/13 SPECIAL PROVISIONS-SECTION 2-PAGE 1 increased Work, or of cancellation of the Contract, or of any other act or acts by the City or any of its authorized representatives." 2-2.2 EXECUTION OF BONDS Bonds shall be executed by either: (a) two (2) or more sufficient personal sureties; (b) one sufficient admitted surety insurer; or(c) a combination of sufficient personal sureties and admitted surety insurers. If a corporate surety insurer is used, a County Clerk's certificate evidencing that it is an admitted surety insurer shall be submitted with the bonds. If a personal surety is used, all requirements set out in Code of Civil Procedure Section 995.510 shall be met to the satisfaction of the City Attorney. 2-3 PRECEDENCE OF CONTRACT DOCUMENTS The provisions of Section 2-5.2 of the Standard Specifications shall be revised to read as follows: In resolving disputes resulting from conflicts, errors, or discrepancies in any of the Contract Documents, the document highest in precedence shall control. The order of precedence shall be as listed below: 1. Change Orders or Work Change Directives 2. Agreement 3. Addenda 4. Contractor's Bid(Bid Forms) 5. Special Provisions 6. Notice Inviting Bids 7. Instructions to Bidders 8. Plans(Contract Drawings) 9. Standard Plans 10. Standard Specifications 11. Reference Documents With reference to the Drawings, the order of precedence shall be as follows: 1. Figures govern over scaled dimensions 2. Detail drawings govern over general drawings 3. Addenda or Change Order drawings govern over Contract Drawings 4. Contract Drawings govern over Standard Drawings 5. Contract Drawings govern over Shop Drawings 2-4 SUBSURFACE DATA Section 2-7 of the Standard Specifications shall be revised to read as follows: "2-7.1 Limited Reliance by Contractor.—(if applicable)Soils reports and other reports of subsurface conditions may be made available for inspection by the Contractor. HOWEVER, SUCH REPORTS AND DRAWINGS ARE NOT CONTRACT DOCUMENTS. The Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings only where such "technical data"are specifically identified in the Special Provisions. Except for such reliance on such "technical data," the Contractor may not rely upon or make any claim against the City, the City's Project Representative, nor any of the City's Consultants with respect to any of the following: AIRPORT SECURITY CHECKPOINT AREA REMODEL,IFB 13-12 SCOPE AND CONTROL OF WORK 2/7/13 SPECIAL PROVISIONS-SECTION 2-PAGE 2 2-7.1.1. Completeness. - The completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto,or 2-7.1.2. Other Information. - Any other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings,or 2-7.1.3. Interpretation. -Any interpretation by the Contractor of such "technical data," or any conclusion drawn from any "technical data" or any such data, interpretations, opinions or information." 2-5 TEMPORARY ACCESS OR CONSTRUCTION RIGHTS-OF-WAY Unless indicated otherwise, all temporary access or construction rights-of-way, other than those shown on the Plans, which the Contractor may find it requires during progress of the Work, shall be arranged by and paid for entirely by the Contractor, at its own expense. 2-8 AUTHORITY OF THE CITY'S PROJECT REPRESENTATIVE The City's Project Representative will decide all conflicts which may arise as to (1) the quality or acceptability of the materials or equipment furnished, (2) the performance of the Work, (3) the manner of performance and rate of progress of the Work, (4) the interpretation of the Plans, Specifications, and Special Provisions, (5) the acceptable fulfillment of the Contract on the part of the Contractor, and (6) compensation of the Contractor. The City's Project Representative's decision shall be final, and he shall have the authority to enforce and make effective such decisions and orders which the Contractor may fail to carry out promptly. 2-9 INSPECTION The City's Project Representative shall have complete and safe access to the Work at all times during construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the Specifications, the Special Provisions, and the Plans. All labor, materials, and equipment furnished shall be subject to the City's Project Representative's inspection. When the Work is substantially completed, a representative of the City will make the final inspection. 2-10 SITE EXAMINATION The Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work, and the general and local conditions, such as, but not limited to, all other matters which could in any way affect the Work or the costs thereof. The failure of the Contractor to acquaint itself with all available information regarding any applicable existing or future conditions shall not relieve it from the responsibility for AIRPORT SECURITY CHECKPOINT AREA REMODEL,IFB 13-12 SCOPE AND CONTROL OF WORK 2/7/13 SPECIAL PROVISIONS-SECTION 2-PAGE 3 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 (if applicable) Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. , the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, and has prepared its Bid accordingly; and the Contractor, by submitting such a Bid, assumes all said risk. 2.12 SUBMITTALS The following provisions shall replace Section 9-2 "Lump Sum Work" of the Standard Specifications: On lump sum items, the Contractor shall submit, for approval by the City's Project Representative, a Schedule of Values, or lump sum price breakdown, which will serve as the basis for progress payments and shall be incorporated into a form of Application for Payment acceptable to the City's Project Representative. Such Schedule of Values shall be submitted for approval at the Pre- construction Conference and must meet the approval of the City's Representative before any payments can be made to the Contractor. - END OF SECTION - AIRPORT SECURITY CHECKPOINT AREA REMODEL,IFB 13-12 SCOPE AND CONTROL OF WORK 217/13 SPECIAL PROVISIONS-SECTION 2 - PAGE 4 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 21 percent(includes bonding) 2) Materials 15 percent 3) Equipment rental 15 percent 4) Other items and expenditures 15 percent 5) Subcontracts (1 st tier only) 5 percent 6) lower tier subcontractors none To the sum of the costs and markups provided for in this subsection, except for labor, one percent shall be added as compensation for bonding. - END OF SECTION - AIRPORT SECURITY CHECKPOINT AREA REMODEL,IFB 13.12 CHANGES IN WORK 2/7/13 SPECIAL PROVISIONS-SECTION 3- PAGE 1 SECTION 4 -- CONTROL OF MATERIALS 4-1 TRADE NAMES OR EQUALS 4-1.1 Substitutions. - Subparagraph 2 of Section 4-1.6 of the Standard Specifications shall be amended to read as follows: Whenever any particular material, process, or equipment is indicated by a patent, proprietary, or brand name, or by the name of the manufacturer, such product shall be followed by the words "or equal." A Contractor may offer any material, process, or equipment considered as equivalent to that indicated, unless a sole source is specified. Failure of the Contractor to submit requests for substitution promptly after bid opening shall be deemed to signify that the Contractor intends to furnish one of the brands named in the Special Provisions, and the Contractor does hereby waive all rights to offer or use substitute materials, products, or equipment for that which was originally specified. Unless otherwise authorized by the City's Project Representative, the time for submission of data substantiating a request for substitution of an "or equal" item shall be not more than 20 days after bid opening. 4-1.2 Submittals for Approval of "Or Equals." - Should the Contractor request approval for "or equal" products, it shall submit data substantiating such request to the City's Project Representative as per Subsection 4-1.1, above. Data for approval of "or equal" products shall include complete calculations, technical specifications, samples, or published documents relating to the performance and physical characteristics of the proposed substitute. The appearance of manufacturer and product names or trademarks, details of materials or services, or product descriptions in either the Plans or the Specifications are for reference only and do not constitute an endorsement of same by the City's Project Representative or the City. 4.2 MATERIALS 4-2.2 Placing Orders. - The Contractor shall place the orders) for all long-lead supplies, materials, and equipment, within 3 working days after the award of Contract by the City. The Contractor shall furnish the City's Representative with a statement from the vendor(s) that the order(s) for said supplies, materials, and equipment has been received and accepted by said vendor(s) within 15 working days from the date of said award of Contract. - END OF SECTION - AIRPORT SECURITY CHECKPOINT AREA REMODEL,IFB 13.12 CONTROL OF MATERIALS 2/7113 SPECIAL PROVISIONS- SECTION 4- PAGE 1 SECTION 5 -- UTILITIES 5-1 REMOVAL, RELOCATION, OR PROTECTION OF EXISTING UTILITIES (a) The following full text of Government Code Section 4215 shall replace the provisions of Section 5-5, subparagraph 4, of the Standard Specifications: "In any contract to which a public agency as defined in Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunk-line utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids. The contract documents shall include provisions to compensate the contractor for the costs of locating, repairing damage not due to the failure of the contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. The contract documents shall include provisions that the contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was.caused by the failure of the public agency or the owner of the utility to provide for removal or relocation of such utility facilities. Nothing herein shall be deemed to require the public agency to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve the public agency from identifying main or trunk-lines in the plans and specifications. Nothing herein shall preclude the public agency from pursuing any appropriate remedy against the utility for delays which are the responsibility of the utility. Nothing herein shall be construed to relieve the utility from any obligation as required either by law or by contract to pay the cost of removal or relocation of existing utility facilities. (b) Removal, Relocation, or Protection of Existing Utilities. - The following provisions shall be added to the end of Section 5-5 of the Standard Specifications: "If the Contractor, while performing the Contract, discovers utility facilities not identified by the public agency in the Contract Plans or Specifications, he or she shall immediately notify the public agency and utility in writing. AIRPORT SECURITY CHECKPOINT AREA REMODEL,IFB 13-12 UTILITIES 2/7/13 SPECIAL PROVISIONS- SECTION 5- PAGE 1 The public utility, where they are the owner, shall have the sole discretion to perform repairs or relocation work, or permit the Contractor to do such repairs or relocation work at a reasonable price." Special Note: While the City endeavors to show all known utilities in the plans, the City's inclusion of this special provision with reference to Government Code Section 4215 is made to advise the Contractor of the fact that not all utilities may be shown in the plans, and that by this reference included in the specifications, the Contractor assumes responsibility for protecting all known utilities that are shown in the plans OR identified by location in the project area by markings provided by Underground Service Alert prior to construction. The City will only compensate the Contractor, as required by law, for locating utilities that are shown in the plans or identified by location in the project area by markings provided by Underground Service Alert, and which can not be found in the general location identified. The City will not compensate the Contractor for locating and protecting utilities shown in the plans OR marked by Underground Service Alert prior to construction. The Contractor is advised to investigate and review all existing utilities in the project area, and in submitting a Bid, acknowledges its responsibilities as referenced herein. - END OF SECTION - AIRPORT SECURITY CHECKPOINT AREA REMODEL,IFB 13-12 UTILITIES 2/7/13 SPECIAL PROVISIONS- SECTION 5 - PAGE 2 SECTION 6 -- PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 LIQUIDATED DAMAGES 6-1.1 Amount. - The amount of liquidated damages as specified in Section 6-9 of the Standard Specifications shall not apply, but shall be as stated in the Agreement. 6-2 TIMES OF OPERATION This section does not apply to this project as it is required to be night time work so as not to interfere with the travelling public in the Airport. 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 holidays, unless otherwise approved by the City's Project Representative: 1. Powered Vehicles 2. Construction Equipment 3. Loading and Unloading Vehicles 4. Domestic Power Tools 6-3 NOTIFICATION The Contractor shall notify the City and the owners of all utilities and substructures not less than 2 working days prior to commencing the Work. The following list of names and telephone numbers is intended for the convenience of the Contractor only and is not guaranteed to be complete or correct: CITY OF PALM SPRINGS Mike Lytar, Senior Public Works Inspector (760)323-8253 Valerie Wagner, Streets Maintenance Supervisor (760)323-8167 Dave Barakian,City Engineer (760)323-8253 Rick Miniares, Parks Maintenance Supervisor (760)567-1034 VERIZON Attention: Mr. Larry Moore (760)778-3603 DESERT WATER AGENCY Attention: Ms. Debbie Randall (760)323-4971 SOUTHERN CALIFORNIA EDISON COMPANY Attention: Mr. Frank Jasso (760)2024278 SOUTHERN CALIFORNIA GAS COMPANY Attention: Ken Kennedy (909)335-7716 TIME-WARNER CABLE Attention: Mr. Dale Scrivner (760)340-1312 SPRINT Attention: Mr. Lynn Durrett (909)873-8022 PROSECUTION, PROGRESS, AIRPORT SECURITY CHECKPOINT AREA REMODEL,IFB 13-12 AND ACCEPTANCE OF THE WORK 2/7/13 SPECIAL PROVISIONS-SECTION 6-PAGE 1 UNDERGROUND SERVICE ALERT (800)227-2600 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 City's Project Representative at the Pre-Construction Conference. - END OF SECTION - PROSECUTION, PROGRESS, AIRPORT SECURITY CHECKPOINT AREA REMODEL,IFB 13.12 AND ACCEPTANCE OF THE WORK 2/7/13 SPECIAL PROVISIONS-SECTION 6 - PAGE 2 SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR 7-1 General. - The provisions of Section 7-13 of the Standard Specifications shall be revised to read as follows: "The Contractor shall keep itself fully informed of all existing and future State and Federal laws, and county and municipal ordinances and regulations, which in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any way affect the conduct of the Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. He or she shall at all times observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any or all authority over the Work, and shall indemnify the City and all officers and employees thereof connected with the Work, including, but not limited to, the City's Project Representative, against any claim or liability arising from, or based on, the violation of any such law, ordinance, regulation, order, or decree, whether by itself or its employees. If any discrepancy or inconsistency is discovered in the Plans, Drawings, Special Provisions, or Contract for the Work in relation to any such law, ordinance, regulation, order, or decree, the Contractor shall forthwith report the same to the City's Project Representative in writing." 7-2 Hours of Labor. — Eight hours labor constitutes a legal day's work. The Contractor shall comply with all applicable provisions of Section 1810 to 1815, inclusive, of the California Labor Code relating to working hours. The Contractor shall forfeit, as a penalty to the City, $25.00 for each worker employed in the execution of the contract by the Contractor or by any subcontractor under him for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day or 40 hours in any one calendar week, unless such worker receives compensation for all hours worked in excess of 8 hours per day, or 40 hours during any one week at not less than one and one-half times the basic rate of pay. 7-3 Prevailing Wage Rates Not Applicable. - Funding for the Work is with all local funds and, as provided under the City Charter, will NOT require compliance with the prevailing wage requirements of the State of California. 7-5 Unpaid Claims. - If, at any time prior to the expiration of the period for service of a Stop Notice, there is served upon the City a Stop Notice, as provided in Sections 3179 through 3210 of the Civil Code of the State of California, the City shall, until the discharge thereof, withhold from the moneys under its control so much of said moneys due or to become due the Contractor under this Contract, as shall be sufficient to answer the claim stated in such Stop Notice, and to provide for the reasonable cost of any litigation thereunder, provided, that if the City's Representative shall, in its discretion, permit the Contractor to file with the City the bond referred to in Section AIRPORT SECURITY CHECKPOINT AREA REMODEL,IFB 13-12 RESPONSIBILITIES OF THE CONTRACTOR 2/7113 SPECIAL PROVISIONS- SECTION 7 - PAGE 1 3196 of the Civil Code of 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. 7-7 Contracts for Trenches or Excavations; Notice on Discovery of Hazardous Waste or Other Unusual Conditions; Investigations; Change Orders; Effect on Contract. - (a) As required under Section 7104 of the Public Contract Code, in any public works contract of a local public entity, which involves the digging of trenches or other excavations that extend deeper than 1.2 meters (4 feet) below the surface, shall be subject to the following conditions: the Contractor shall promptly, before the conditions are disturbed, notify the public entity in writing of such conditions. (b) It has been determined that the OSHA soil classification in Palm Springs has designated to be Type C soil throughout the City. All protective measures shall be based upon that determination. 7-8 Resolution of Construction Claims. - As required under Section 20104, et seq., of the California Public Contract Code, any demand of $375,000 or less, by the Contractor for a time extension, payment of money, or damages arising from the work done by or on behalf of the Contractor pursuant to this Contract, or payment of an amount which is disputed by the City, shall be processed in accordance with the provisions of said Section 20104, et seq., relating to informal conferences, non-binding judicially-supervised mediation, and judicial arbitration. A single written claim shall be filed under this Article prior to the date of final payment for all demands resulting out of the Contract. Within 30 days of the receipt of the claim, the City may request additional documentation supporting the claim, or relating to defenses or claims the City may have against the Contractor. If the amount of the claim is less than $50,000, the Contractor shall respond to the request for additional information within 15 days after receipt of the AIRPORT SECURITY CHECKPOINT AREA REMODEL,IFB 13-12 RESPONSIBILITIES OF THE CONTRACTOR 2/7/13 SPECIAL PROVISIONS- SECTION 7- PAGE 2 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. If the Contractor disputes the City's response, or the City fails to respond, the Contractor may demand an informal conference to meet and confer for settlement of the issues in dispute. The demand shall be served on the City, within 15 days after the deadline of the City to respond, or within 15 days of the City's response, whichever occurs first. The City shall schedule the meet and confer conference within 30 days of the request. If the meet and confer conference does not produce a satisfactory request, the Contractor may pursue the remedies authorized by law. 7-9 Concrete Forms, Falsework, and Shoring. - The Contractor shall comply fully with the requirements of Section 1717 of the Construction Safety Orders, State of California, Department of Industrial Relations, regarding the design of concrete forms, falsework, and shoring, and the inspection of same prior to the placement of concrete. Where the said Section 1717 requires the services of a civil engineer registered in the State of California to approve design calculations and working drawings of the falsework or shoring system, or to inspect such system prior to the placement of concrete, the Contractor shall employ a registered civil engineer for these purposes, and all costs therefore shall be included in the Bid item price named in the Contract for completion of the Work as set forth in the Contract Documents. 7-11 INSURANCE The limits of liability for insurance, as required by Section 7-3 and 7-4 of the Standard Specifications, shall provide coverage for not less that the following amounts, or greater where required by laws and regulations: INSURANCE AMOUNTS Prior to commencing any Work, all contractors, vendors and service providers shall procure and maintain, at their own cost and expense for the duration of their contract with the City, appropriate insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work or services. The types of insurance required and the coverage amounts are specified below: AIRPORT SECURITY CHECKPOINT AREA REMODEL,IFB 13-12 RESPONSIBILITIES OF THE CONTRACTOR 2/7/13 SPECIAL PROVISIONS-SECTION 7 - PAGE 3 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. 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 Under$25,000 $500,000 per Occurrence/$1 Million Aggregate $25,000 to $5 Million: $1 Million per Occurrence/ $2 Million Aggregate Over$5 Million: Limits to be determined by the City's Risk Manager Umbrella excess liability may be used to reach the limits stated above. C. General Standards for Insurance Policies All insurance policies shall meet the following standards: AIRPORT SECURITY CHECKPOINT AREA REMODEL,IFB 13-12 RESPONSIBILITIES OF THE CONTRACTOR 2/7/13 SPECIAL PROVISIONS-SECTION 7 - PAGE 4 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 includes those insurers with a minimum policyholder's surplus of $50 Million to $100 Million). Exceptions to the Best's rating may be considered when an insurance carrier meets all other standards and can satisfy surplus amounts equivalent to a B+, Class VII rating. 3. Certificate must include evidence of the amount of any deductible or self-insured retention under the policy. D. Verification of Insurance Coverage All individuals, contractors, agencies, and organizations conducting business for the City shall provide proof of insurance by submitting one of the following: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm 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 all work performed with the City" may be included in this statement). See Example A below. As an alternative to the non-contributory endorsement, the City will accept a waiver of subrogation endorsement on the General Liability policy. At a minimum, this endorsement shall include the following language: "This insurance company agrees to waive all rights of subrogation against the City of Palm Springs, its officers, officials and employees for losses paid under the terms of this policy which arise from the work performed by the named insured for the City." 3. "The insurance afforded by this policy shall not be cancelled except after thirty days prior written notice by certified 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 Example B below. AIRPORT SECURITY CHECKPOINT AREA REMODEL,IFB 13-12 RESPONSIBILITIES OF THE CONTRACTOR 2/7/13 SPECIAL PROVISIONS- SECTION 7-PAGE 5 The Workers' Compensation and Employer's Liability policies shall contain waiver of subrogation clause in favor of City, its elected officials, officers, employees, agents and volunteers. See Example C below. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policy. All certificates and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of works hall not waiver the contractor's obligation to provide them. E. Acceptable Alternatives to Insurance Industry Certificates of Insurance The City will accept either a CG 20 10 10 01 or a CG 20 33 10 01 (or some form specific to a particular insurance company that has similar wording) as long as the form is accompanied by a CG 20 37 10 01. In addition, the City will accept the following: • A copy of the full insurance policy which contains a thirty (30) days' cancellation notice provision (ten (10) days for non-payment of premium) and additional insured and/or loss-payee status, when appropriate, for the City. • Binders and Cover Notes are also acceptable as interim evidence for up to 90 days from date of approval F. Endorsement Language for Insurance Certificates Example A: THE INSURANCE SHALL BE PRIMARY WITH RESPECT TO THE INSURED SHOWN IN THE SCHEDULE ABOVE, OR IF EXCESS, SHALL STAND IN AN UNBROKEN CHAIN OF COVERAGE EXCESS OF THE NAMED INSURED'S SCHEDULED UNDERLYING PRIMARY COVERAGE. IN EITHER EVENT, ANY OTHER INSURANCE MAINTAINED BY THE INSURED SCHEDULED ABOVE SHALL BE IN EXCESS OF THIS INSURANCE AND SHALL NOT BE CALLED UPON TO CONTRIBUTE WITH IT. Example B: AIRPORT SECURITY CHECKPOINT AREA REMODEL,IF'B 13-12 RESPONSIBILITIES OF THE CONTRACTOR 2/7/13 SPECIAL PROVISIONS- SECTION 7 - PAGE 6 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 FAILURE IRE TO MAIL CI GH NOTICE SHALL IMPOSE NO OR] 1GATION OR LIABILITY OF AAIV KIND I IPQN THE INSURER, ITS AGENTS OR REPRESENTATIVES. `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. H. Waiver of Modification of the Insurance Requirements Any waiver or modification of the insurance requirements can only be made by the City's Risk Manager or designee at City's discretion. If you do not believe that the insurance requirements apply to you (e.g., you do not have employees and are not subject to the State workers' compensation insurance requirements; you do not drive an automobile in connection with the services you provide to the City; professional liability or errors and omissions liability insurance is not available for the type of services you are performing, etc.), please submit a written request for waiver or modification of the insurance requirements and the reasons underlying your request to the Risk Manager. All requests for waiver or modification will be reviewed and a final determination rendered by the Risk Manager. 7-12 PERMITS 7-12.1 Business License. The Contractor and all of its subcontractors shall possess a current City business license issued by the City prior to commencement of the Work, in accordance with Title 3 of the City's Municipal Code. The Contractor shall obtain a Business License from the City of Palm Springs prior to commencement of work. The Business License can be obtained from the City of Palm Springs, Business License Office, 3200 Tahquitz Canyon Way, Palm Springs, CA. 92262, (760) 323-8289. AIRPORT SECURITY CHECKPOINT AREA REMODEL,IFB 13.12 RESPONSIBILITIES OF THE CONTRACTOR 2/7/13 SPECIAL PROVISIONS-SECTION 7 -PAGE 7 7-12.3 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 City's Representative. All cleanup costs shall be absorbed in the Contractor's bid. Full compensation for all work required in this section shall be considered as included in the contract prices paid for the related items of work and no additional compensation will be allowed therefore. 7-15 DUST CONTROL 7-15.1 General A. The Contractor shall be responsible for stabilizing the disturbed soil during construction (if applicable). The method which it will use must be approved by the City's Representative. If a water meter is required by the City's Representative during construction, the Contractor shall contact the Desert Water Agency at (760) 323-4971 to obtain said meter. The cost of this work shall be included in the price of various items in the Bid Schedule, and no additional payment will be made therefore. B. The Contractor shall be responsible for maintaining the project site and providing adequate dust control 24 hours a day, everyday, through the duration of the rp oiect, in conformance with City requirements, Section 7-8 of the Standard Specifications, and to the satisfaction of the City's Representative. - END OF SECTION - AIRPORT SECURITY CHECKPOINT AREA REMODEL,IFB 13-12 RESPONSIBILITIES OF THE CONTRACTOR 2/7/13 SPECIAL PROVISIONS-SECTION 7- PAGE 8 SECTION 8 -- FACILITIES FOR AGENCY PERSONNEL (BLANK) - END OF SECTION - AIRPORT SECURITY CHECKPOINT AREA REMODEL,IFS 13-12 FACILITIES FOR AGENCY PERSONNEL 2/7/13 SPECIAL PROVISIONS- SECTION 8 -PAGE 1 SECTION 9 - PAYMENT 9-1 GENERAL 9-1.1 Payment. - Payment for the work, as further specified herein, shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of work being described, as necessary to complete the work, in accordance with the provisions for Measurement and Payment in the Standard Specifications and these Special Provisions, including all appurtenances thereto, and including all costs of compliance with the regulations of public agencies having jurisdiction, including the Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration of the U.S. Department of Labor(OSHA). 9-1.2 Partial and Final Payments. - Acceptance of any progress payment accompanying any estimate without written protest shall be an acknowledgement by the Contractor that the number of accumulated contract days shown on the associated statement of working days is correct. Progress payments made by the City to the Contractor after the completion date of the Contract shall not constitute a waiver of liquidated damages. Subject to the provisions of Section 22300 of the Public Contract Code, 10 percent retention will be withheld from each payment. All invoices and pay requests shall be approved by the City's Project Representative before submittal to the City for payment. All billings shall be directed to the City's Project Representative. The Contractor shall submit with its invoice the Contractor's conditional waiver of lien for the entire amount covered by such invoice; valid unconditional waivers of lien from the Contractor and all subcontractors and material-men for all work and materials included in any prior invoices; Waivers of lien shall be in the forms prescribed by California Civil Code Section 3262. Prior to final payment by the City, the Contractor shall submit a final waiver of lien for the Contractor's work, together with releases of lien from any subcontractor or material- men. Payments shall be processed in accordance with Section 9-3 "Payment" of the Greenbook Standard Specifications for Public Works Construction, provided, however, that the Contractor shall make an estimate of the work performed prior to the closure date of each month to serve as the basis of an invoice for making monthly payments. The closure date shall be established as the last day of the month in which work is performed. The City's Project Representative shall review the Contractor's monthly estimate of the work, and shall either reject or approve the estimate. If rejected, the Contractor shall revise the monthly estimate of work, and resubmit for approval by the City's Project Representative. The Contractor shall receive payment by mail to the Contractor's business address within 30 days of the City's Project Representiative's AIRPORT SECURITY CHECKPOINT AREA REMODEL,IFB 13-12 MEASUREMENT AND PAYMENT 2/7/13 SPECIAL PROVISIONS-SECTION 9- PAGE 1 approval of the Contractor's monthly estimate of the work. Payments shall not be made more frequently than once per month. The last subparagraph of Standard Specifications Section 9-3.1 shall be DELETED and the following substituted therefore: After 35 days of the 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 FOR MOBILIZATION. Payment for mobilization will be based upon completion of such work as a lump sum, non-proratable pay item, and shall require completion of all of the listed items during the first 10 days following the Notice to Proceed. The scope of the work for mobilization shall include the obtaining of all bonds, insurance, and permits, moving onto the site of all plant and equipment, and the furnishing and erecting of plants, temporary buildings, and other construction facilities, all as required for the proper performance and completion of the Work. Mobilization shall include, but not be limited to, the following principal items: 1. Moving onto the site of all Contractor's plant and equipment required. 1. Installing temporary construction power, wiring, and lighting facilities. 3. Establishing fire protection system. 4. Providing on-site communication facilities for the Contractor and the City's Project Representative. 5. Providing on-site sanitary facilities and potable water facilities. 6. Obtaining and paying for all required bonds, insurance, and permits. 7. Posting all OSHA-required notices, and establishment of OSHA- approved safety programs. 8. Having the Contractor's superintendent at the job site full-time. 9. Submitting of the required Construction Schedule, as specified in the Section 6-1, "Construction Schedule and Commencement of Work" of the Standard Specifications. In addition to the requirements specified above, all submittals shall conform to the applicable requirements of Section 2-5.3, "Submittals" of the Standard Specifications. AIRPORT SECURITY CHECKPOINT AREA REMODEL,IFB 13-12 MEASUREMENT AND PAYMENT 2/7/13 SPECIAL PROVISIONS- SECTION 9 -PAGE 2 No payment for any of the listed Mobilization Work items will be made until all of the listed items have been completed to the satisfaction of the City's Project Representative. The Contractor's attention is directed to the condition that 5 percent of the total Contract Price will be deducted from any money due the Contractor until all mobilization items listed above have been completed as specified. The aforementioned amount will be retained by the City as the agreed, estimated value of completing all of the mobilization items listed. Any such retention of money for failure to complete all such mobilization items shall be in addition to the retention of any payment pursuant to the provisions of Public Contract Code 22300. - END OF SECTION - AIRPORT SECURITY CHECKPOINT AREA REMODEL,IFB 13.12 MEASUREMENT AND PAYMENT 2/7/13 SPECIAL PROVISIONS- SECTION 9 - PAGE 3 SECTION 10 -- CONSTRUCTION DETAILS 10-1 GENERAL 10-1 RECORD DRAWINGS The Contractor shall keep a complete set of record drawings at the job site. The Construction Plans shall be legibly marked showing each actual item of record construction including: 1. Field changes of dimensions, locations and/or materials with details as required to clearly delineate the modifications. 2. Any details not in the original Construction Plans developed by the City throughout construction necessary to clarify or modify the Construction Plans. The Contractor shall maintain all record information daily and make this information available to the Project Inspector upon request. The Contractor's progress payment will not be approved unless project record drawings are current. 10-2 LOCATION AND DESCRIPTION OF THE WORK 10-2.1 General Location. - The work location will be the Palm Springs International Airport, owned and operated by the City of Palm Springs, at 3400 E. Tahquitz Canyon Way in Palm Springs. 10-3 REMOVALS. — Items to be legally disposed of pursuant to these specifications are the responsibility of the Contractor. 10-4 ELECTRICAL 10-4.1 Codes and Standards. All electrical work shall comply with National Electrical Code, latest edition, local utility company regulations, and City of Palm Springs codes and ordinances. 10-4.2 Record Drawings. During progress of the work, the Contractor shall maintain an accurate record of all items. - END OF SECTION - AIRPORT SECURITY CHECKPOINT AREA REMODEL IFB 13-12 CONSTRUCTION DETAILS 2/7/13 SPECIAL PROVISIONS- SECTION 10-PAGE 1 CITY OF PALM SPRINGS PROCUREMENT & CONTRACTING DEPARTMENT PART III - APPENDIX AIRPORT SECURITY CHECKPOINT AREA REMODEL, IFB 13-12 Plans and Specifications — Drawings, Urrutia Architects Sheets T 1.1 thru E 3.1 (12 sheets) Please see the instructions in the Notice Inviting Bids on how to register for this project as a Plan Holder and obtain the Plans,Specifications and Drawings referenced above. 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S LIGHT SUSPENSION DETALI KM 4 ea O s.u\v¢�w.wN»pY,wwemw✓m m.�ie�iwiw.n N dew wryPR N N r81'#IN `>X"� NAT aT®.Hoar oEu 9 HORIZONTAL STRUT DETAILI 16 COMPRESSION STRUT No a.rs. 8 WIRE CONNECTION DETAILI N.Ta 17 S s g' m.um a € Z d N CEILING GENERAL NOTES e w eN � ter` S ]DA]OI I'btM RM5016 A5.2 D --- � --- . � \ • � � , ' . a . , �a���, ee�«---- om _ mm ELEVATION _„ _mom_. „ _»__N „ ° a ! | . � | ! ! ! . | \ 2 & - } | 11111■ 3® � � � i�) i - - - � A8: GENERAL NOTES LEGEND DRAWING LIST w.•in zmdNIMIA RACE A cwom.,,o w ANUMBI ACT " ,—r oI..ou<, "END'IND ACCEANUNLI—AID I MININCE NQ TU, ANIN ,,NBA, ELECT PLEMPLE BURNS.11 MCA cw o1.i ,INA CIALITION .w—, ...A— AND _a OF 11 AMBIENT INS SPECIMEN..—I AND ENCE NSA ' 1 m a�.ai�s z�o. E w.owEo N.M..mm.,,m wo..,wxs US ANDS 11—FLOW ,—L' p-NO ME,:e;E, ,n«K.,�w '�"°" �mwwxw o .��Pw. ow MN EINL UP N,BALL BE wN.N:Nn.AN..sN .rzo. � „ ,Ml BA,..E B.,a,TO ME AewovA..mE MA,,F .. ,,..E-wr rxw I—. 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BEGINS.FGAND ON NATINGLIAR NOT USED T NOT USED 4 CEILING DIFFUSER MOUNTING 1 I I�l AID i B STALL zIDE SO OF E. sT . UTIAN SAN INS,ON III w n n c. MITSc BE j Tl,TTG _ T..,..b...,w NOT USED S NOT USED S DUCT SUPPORT 3 n } lI INALL e zSI J< r.�cw�R AU �za�K INS H die.<wlo VJQOO �s5d FT UT YEARGIN FUll R S. '"""ecw aE.E[.INED All.a. To.Rµ DazF� aRk I—SEEMIIN 4- TOP) N c Z�EF� ,HaIw[I,E i Ira a:E,r rco� IN :,..:. dp—'haw 11 AN, rsco +e o W z o vm IRE FOR THAT �zN � cn�R+ sn I Owr wr, u[-ua _ SEPIE� 133100 .. PfVI50H5 NOT USED 9 NOT USED RR B CONNECTION TO STRUCTURE GENERAL NOTES LEGEND DRAWING LIST . [z'lul,w"sM n.mw--I E.TKRD EDc.EmRc " auan.TNT S.m nu uT.E. 9 u A. ..... - AT 'CODE AUSEL US PRE FIAT am�.Ca.rs«mE r«.a..v. wl CUP u«SUFFEAND w ms-A.. 11-G aAu a DTmnua[D iN mE TnD w As iNDiuTE AM US."+• +OULDEm"em,.r is,D BE crvaEm. TOP. I m�AR AXA­ w DING., BYRON TES m"a)RRI I) axcxw A.a"THEALL , AN .a«,Ea 1°"r..«,„w.x°.rmNEED A' ILI °°`"i` °°INDDICATE:m SIZE"'"` o snx° x ,o-c,Tu r°.. .xm sx°m. „„ .�s m 1° a.r.AN.CE '"a""'c°"'"L DEMOLITION NOTES CONT. ALL GTE CLUBS ITURE DMIMI LIKES w. IRE'Da.THE'EST iiV.,.111°vr O= F.m.ma A.w a.aT,o.xmmw OPPECTI..I CLUES o-C mam w,LL m—.D ® EmE.w aSIwAAa . IND THERY,A DOLE BY HURT LEE AN T + Ars R.ro +a m Ta.Tas a«iaD vw«n.mww. ILATUAL 0. A.man n,m or UPON«xm �rt>ioAT AGE TAGmd"[TENTUALL 1 I.— AND ma.AN AID EYE 1. Ec D. a ..E. SL A �. EREING D.RC. w.m.'.A.C«, mE ELEVAELECTTIONS «nC r DE mE emx°ue5 u THAT BE MAINTAINED CAN AND"PUBLED DOING E PEON.COE+ma ACCORDANCE IN COD IXL N'"'so-' .o-`n"ti m ALL BE ANN ED Q 11TEDUCE ` 1. .E ODNR. CKcm`:.. Ea DwClrIDU C TX TH«THE GRE . R NNND„,n ON¢wxE u TELL EAR«AC LIE ALL I' YALE 11TENATERS Do--YOUNTERE .. 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BE UW SICT A xD IMR IL COST TO TIEomEA. «AmD As DIRECTED BY F"'" mC AE OFFIEF '—""IT Ta.T ��� M TIE ��TX TO��ACCURE'�A'S CONTRACT AT OWN SECTIONS US LOT APPLE DRY ELECTRICAL sD AN ,A GUT o wAN DDRRSaSssET a ADERS ATISO I'GUT MKCIK ISSUED 81 IND"��CT AS TRUE AND REFER ALL C MED PRE CONTRACTOR STEEL'�I IS THE ILL NO—.1 A C�'X�S'�IYAREL To LISP OUTELET NIS"LL ATUAL UP PIGI�D N EACH Ea.Dw.ro C.DSS aT.5..,.,E.usxm.mP.mE wEn,RwM AT © E Eo-m,D,.n.rm mE Ear... CATEPOI STILL EST DE xa w DENmc.EALTERNATE a..mD««.«TNNNim�N 4' ,w DNTE:D Em@:=€°.rtD. ..COOT AT I.,ixores AM UNITS'SIZE,TIED FESUR EST AID ED DEGREES IUS DRY D D.BG ENT BY �ft OEM D ncu°xxD Ac«SS.AxS.s w s DO mwDixnrtD am mE Orau RIM oo s EEssa vaE awr IN'A �a NT�w An DCCDNEAT..-IN ru DEMOLITION NOTES AND C�C�PRES ALL AN LL AM Go w sRw,. a w +« .,E+ ,.,am . Ewa; w ,-7�T RAPID MAY FILL «.,w CEr E mEa UNCIALLEmE..ET m TTTG STALL BE To aECMIC�CLAUSTRAITCHING RE—O-I To IT TE REmm : FELT 11 ME LNT m.xEx.ER .CCwEE ToENTRY I'S ENT ANN ALI CRT'IN SAATCHI INTRU NDIN-1'A-.NUMBER NE���''UNI THE BILL UP PASS A%MQM AND GENERAL CII I COLD OF DOE EXTENSION OF"'STING COOLANT AID F�ERS AND EARLIER ANCRE INES,ENT I 11 ��GR ALI K�'��lS X TIE SENTRACT D�'EIN'AEG ED FILLI or TIN THE ED ED OBJECIEDE By REAGAILUCT III ARMY—PLAINUE IT LL 6 GUT CESESTARTI 70 MUNPARY FILE COHERENT'IN TRADES RUCTURENT PEREEPTIEND, A", TEz .,.ANAN NI) nC w C�DARFACEI ME LEGEND—10 PAY BE a ABLE CAND HE CRT ME Al F is __ xs AID NXYY ,u"..xma am COS EAN mirs Of ME Caxmx,w m Cmm..1 THE .DRR. sa«.E+T a xE mwcTw wu.u EmmEO a.,a cww..MRs ANTICLEGO mu x" a sEA„w. w«,ma Eo-+T DK+ TO us' APPLICABLE CODES AND STANDARDS pLLw1� i ow p p 11 COD. .a lnAw«u. E a w p m -0 p GREAS TO eA COOT-.IN[IN iNvuaO nnw..mr swEYTH ACEN i � CALIFORNIACODE«.TmT.DA COOPER-AFTENE DENIED M�S RE TO LEE E-1 MCATENT SUFFER BE-- ENTATTLENED FREARMENTED THENCE I CALT, I ISEENTARE,BY—H--,A '—IT—I—ED NUAL—GAIDET YEATER CLARES, GOLD C��'M'�B w�s i�wi�n s..P.AT i U� Y� W N S a : TreE�s NCO.CmrT.¢.EX­Es . rswmE .s-m. Qz �7 Aax s uNuss Emuass xDTm. —)- CODE,w., LL a Y �s —ZN Q as Ica)DnEmi.,D,..� 'CI — U Id() N 5 �5 IN ARMS SATELL BE • �°«m°roix�wmio�T owao�xo crcE ac w uamnwA AxExD"m U/ a)NO II MY CONDIT FOR ISFICEIGAL AND I O Em- Rus ABRIPAD'BEINGO w T. -- z -1 a N m $� r mu DRATxxDD DRaR m Dm°rw �xDO ED FEE�B��TX CHILE BE A..c°x°un aSPONSIBLE FAM maOBT E „EUT. INEENTUALm,,,ccxvfT Er nwEURxE cwo-....wiNE, COX i END R Ty l m ~OO 3 ®.E LE Em..�IN AS nE ate.EACTENT ow x,nwA.ELECTRICAL mm SPEND. ATema A.uDw.rs �U� U Z< - ) 2E ) JWNQZ 6 Z K L "SAINTE AN STALLE1 AN u u .I ni ne F 6 cum cm[«rt as lcw) .[,.r a Q U Q d PAID lZ��D INCEREAUT PUT'GET No IRE AETNA OF THE PRECAN GLEN TO WE CAST rvuE,mno. «XR, vc. L a ....E ARm ao m,..Ds.Dwmm.,,.,a r,«RE wA.,aNTENTEN a, 8 AN RENT Ex Ra axa DarD«E AS CONE °°`"`m m«.Ta"ADaAT aa<D«E S All:'oi:N;�'Am`.1.1. L uiE zW T rcooQ o rD u.rvTAw„uw°w AND rD rrtsExr A a.r ADDEAR.D«. °" i ON aaRDAR AT AT LEGEND.DADCC)cFILE 11 ABLET I. aNi.EN DECO"Raw Er Cu«AD DNssss'E'D l'ERIK SxAm DE DwLD Am,A°Em LEE IDENTIFY ELSE warn[COasour_ c.uv°RNIA CODE u REmLARu'"D"�ain`nS onRr ENT CA'�HIA REFERENCED P— _ .O= wDnDNE, x aDpw ) 00 —ALL LEE Aiau«r m niw NE. RAN xnc w¢.Anz� STER Alf A THE RAN" u raw5lcw)m.Eµwnuw+a SIT, SEP,cMBER 3B]OI] hB100 urt REY suum. [-a'L m « PSWSnw:s(ca)nn[19 N[NSiOrvS sn„«sTE,<A.'-m,.RwDNawwmAarswmwRm ,y°w�;muT DE,.<<. � E0.1 KEYNOTES �:" I. . .°�.ETER 1-1�.we �: v dm .- —. -- p a. ❑R ❑ ❑a. o 0 0 0 E IR 0 EE o.To .1 a.IN oE of ET . of " E � o, ` m Qi GENERAL NOTES Pr noRED' . Pr ' .I..IN N.— El .° ` ` "CC?1 No ® oe A °m`PSa; `m :"=�fk'. P, % `o d'£`FY Pe. a`Wa m` `m.. We [ _... b` EET ER SETTG . „ y IT K zw��a DI Ems-, aarc_oo g g CYAa'a f L2fip� � fr .�P@g s V. a m p-�M1mx f K e R'O RED ..o s � ZwUUO € _ x SEFiEM2ER]B]013 1�3100 z ONS SECURITY CHECKPOINT LANE EXPANSION•REMODEL FLOOR PLAN •t 2 SECURITY CHECKPOINT LANE EXPANSION•DEMOLITION FLOOR PLAN 0 ., E IFEI llwlE NOT USED S NOT USED 8 NOT USED 4 SSEUT NL!rw 1 e[w¢a .11 asuxe ,.c. r �o To 1/ ti;o Eon: IFTTG NOT USED 9 NOT USED T NOT USED SP. D I s zw Q a" OwOzz � p "K LIGINTINOI PIXTURE �CNIOULR J�QO� €j Mimi rA/4S occmo.c euc.:� nw.,o c,,, o cum.a.v. ,.xc s.cwi wwuw OdYNV �U a�'zsa� f yR't m �V�HN 6K p�RWI QIL SEPIEMBEft]B 3013 I]B1C0 REVSIONS LIGHTING FIXTURE SCHEDULE S p E3.1 City of Palm Springs, CA Procurement Contracting Division Bid Abstract BID ABSTRACT Vendor&Bid Amount Vendor&Bid Amount Vendor& Bid Amount Vendor&Bid Amount Vendor&Bid Amount e PROJECT NO: IFB 13-12 PROJECT NAME: Security Checkpoint Remodel ,p a Z, 7,5­11 , at Palm Springs Inrl Airport DUE DATE: 2/28/2013 Total of all items 4 cZ 3. ey Whitnessed By- Ull Y, f}� dNsi 'E 3 Check"a License - License Detail - Contractors State License Board Page 1 of 2 DEPARTMENT OF CONSUMER AFFAIRS a Contractors State License Board Contractor's License Detail - License # 373193 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 7071.17, only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. >� Due to workload,there may be relevant information that has not yet been entered onto the Board's license database. License Number 373193 Extract Date 2/28/2013 ZEUS CONSTRUCTION CO Business Information Business Phone Number:(760)779-8069 44-615 SAN ONOFRE PALM DESERT,CA 9226D Entity Sole Ownership Issue Date 04/25/1979 Expire Date 03/31/2014 License Status ACTIVE This license is current and active.All information below should be reviewed. CLASS DESCRIPTION Classifications B GENERAL BUILDING CONTRACTOR —___ _____- A GENERAL ENGINEERING CONTRACTOR _- -- CONTRACTOR'S BOND....._....._. ._._._..._..m.. .�._......,,...e,,._.�_.__... . This license filed a Contractor's Bond with NAVIGATORS INSURANCE COMPANY. Bonding Bond Number: 04BCO24766 Bond Amount:$12,500 Effective Date:03/31/2012 Contractor's Bond History Workers'Compensation WORKERS'COMPENSATION This license has workers compensation insurance with STATE COMPENSATION INSURANCE FUND Policy Number: 9020090 Effective Date:0 8/0 112 0 1 2 https://www2.cslb.ca.gov/OnlineServices/CheekLicenseIl/LicenseDetail.asi)x?LicNum=37_. 709/7011 Check a License - License Detail - Contractors State License Board Page 2 of 2 Expire Date: 08/01/2013 Workers'Compensation History Personnel List Conditions of Use I Privacy Policy Copyright©2010 State of California https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/LicenseDetail.asnx?LicNurn=37... 2/28/2013 ck ,'_ ' -Po LAtiJ� BID DOCUMENTS Only the following listed documents, identified in the lower right corner as 'Bid Forms" shall be fully executed and submitted with the Bid at the time of opening of Bids. Bid (Proposal) Bid Schedule(s) List of Subcontractors Local Business Preference Program Good Faith Efforts Non-collusion Affidavit Bid Bond (Bid Security Form) Bidder's General Information Failure of a Bidder to fully execute and submit all of the listed documents with the Bid will render a Bid as non-responsive and subject to rejection. AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 COVER SHEET BID FORMS-PAGE 1 BID SIGNATURE FORM 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: AIRPORT SECURITY CHECKPOINT AREA REMODEL, IFB 13-12 Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond, and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged): Number Date Number Date Number Date Number Date Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of California Labor Code Section 1860, et seq., the undersigned confirms the following as its certification: I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non- collusion Affidavit, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 BID SIGNATURE FORM BID FORMS-PAGE 2 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). .� 01c .c��9 Dated: Bidder By: (Signature) Title: AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 BID SIGNATURE FORM BID FORMS-PAGE 3 BID SCHEDULE Lump Sum Price for Construction of AIRPORT SECURITY CHECKPOINT AREA REMODEL, IFB 13-12 In Palm Springs, California Item Description A. Installation of a temporary construction enclosure. B. Removal of existing walls, ceilings and carpet on an area of approximately 376 sq/ft to expand the existing Security Checkpoint area. C. Installation of new soffit, acoustic ceiling tile, and lighting fixtures. D. Some patching and finish work required. TOTAL BID PRICE - FOR SCHEDULE For the lump sum of so co II (Price in figures) \ (Price in words) Name of Bidder AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 BID SIGNATURE FORM BID FORMS-PAGE 4 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. � �" ���� 33 5. AIRPORT SECURITY CHECKPOINTAREA REMODEL IFS 13-12 LIST OF SUBCONTRACTORS BID FORMS-PAGE 5 LOCAL BUSINESS PREFERENCE PROGRAM -GOOD FAITH EFFORTS IFB 13-12 Bid Opening Date February 28, 2013 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: ell AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 LOCAL BUSINESS PREFERENCE PROGRAM GOOD FAITH EFFORTS BID FORMS-PAGE 6 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 kA\\ L cn/- /. '�s AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 LOCAL BUSINESS PREFERENCE PROGRAM GOOD FAITH EFFORTS BID FORMS-PAGE 7 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: (5, cQrc_ A� 1 �,I /.,tee Cry NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 LOCAL BUSINESS PREFERENCE PROGRAM GOOD FAITH EFFORTS BID FORMS-PAGE 8 t, .i hs e i y'1 - { ,l- III if F ' •" A� r�� u . _ it If 71� , I y 5 1 FI .Y t. NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) pp ) ss. County of ku"Is;sc ) S�J, being first duly sworn, deposes and says that he or she is of -,7 eu.c 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 Titled Organization Address �0 63 4�- AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 NON-COLLUSION AFFIDAVIT BID FORMS-PAGE 9 //i�� pp ALL-PURPOSE ACKNOWLEDGMENT State of l—H�r fayu2q County of ?rue&J"IXQ On 2J2812c13 before me, II S GAAC.A'ND'tOAnA- Pwjj r_ Date / M Name,Title of Officer personally appeared DAB e/ /"PAAEyAjLe- ' t , NAME(S)OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in hisAler/their authorized capacity(ies), and that by his/herttheir signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand nd ffi al seal. I-M GARCIA Commission# 1855342 to N ai Notary Public-Califor nia Riide County J2 20 3OMYCOMZC�x - ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. pO THIS CERTIFICATE Title or Type of Document NON-a/h.JroN *96 MUST BE ATTACHED TO THE DOCUMENT Number of Pages DATE of DOCUMENT DESCRIBED AT RIGHT: Signer(s)Other Than Named Above AIRPORT SECURITY CHECKPOINTAREA REMODEL IFS 13A2 NON-COLLUSION AFFIDAVIT BID FORMS-PAGE 10 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: >>vlTS� 2. CONTRACTOR'S Telephone Number: (9(s6 ) Facsimile Number: (9bo ) 'r qo\ 3. CONTRACTOR'S License: Primary Classification \r,\ - State License Number(s) 7-S9 5 Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety l ,l ho Address Ss�Company eSe+CT EmP;A+- f;7yi""wee Telephone Numbers: Agent (%o ) 3Lo-11900 Surety ( Bed ) 331-6oJ3 5. Type of Firm (Individual, Partnership or Corporation): eo�� 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 ities of the principal officers of the corporation or firm: AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 BIDDER'S GENERAL INFORMATION BID FORMS-PAGE 12 BIDDER'S GENERAL INFORMATION (Continued) 8. Number of years experience as a contractor in this specific type of construction work: 'SLA >acs 9. List at least three related projects completed to date: a. Owner Address I1 Contact M� z c_ Class of Work Phone 910o Zoo � Contract Amount L>` L Project Date Completed Contact Person Telephone number b. Owner 6"ddreSS Contact '(Vlba uy_�Q_ Class of Work Phone qU0. 2-1 tb .LIL9 ContractAmount Project Date Completed L Contact Person \\Telephone number C. Owne AL% Address Contact��ve Pz t--`— Class of Work q\k W)a�,6_ Phone ftbo.'3'�1. •U(.r'\\ Contract Amount k 6'>t oo J Project Date Completed 2 . \ • \3 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 Alu contract services ? 12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the City. AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 BIDDER'S GENERAL INFORMATION BID FORMS-PAGE 13 WORKER'S COMPENSATION CERTIFICATE (AS REQUIRED BY SECTION 1861 OF THE CALIFORNIA LABOR CODE) I am aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract. ntractor By Titlee'��' Y Signature(NOTARIZED) int Name and Titl Signature(NOTARIZED) Print Name and Titled Insurance Company: State Compensation Insurance Fund !_ J By Title Producer (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) AIRPORT SECURITY CHECKPOINTAREA REMODEL IFB 13-12 WORKER'S COMPENSATION CERTIFICATE AGREEMENT AND BONDS-PAGE 18 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County of Rwe r5;o_e_ On 2) before me, Lt�1n�n i&c A>Ofaf- j Oablie Data � Here I at h rt Name and nI e Officer personally appeared ,tJCI ri ie l I I arra re-hS Names)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 OCNA his/her/their authorized capacity(ies), and that by IINDA R Commission 7958006 his/her/their signature(s) on the instrument the i R Notary Public•California i person(s), or the entity upon behalf of which the Riverside County ' person(s) acted, executed the instrument. My Comm.Expires Nov 20,2075 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS y ha nd office rse I. Sign ure: Place Notary Seal Above Signatittre of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: /e Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Individual • El Individual NOMPM MEN ❑ Partner —❑Limited General Top of thumb here ❑ Partner — ❑Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: O 2010 National Notary Association-Nationallvotary.org-1-800-US NOTARY H 800-876-6827) Item#5907