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HomeMy WebLinkAboutA6301 - KNORR SYSTEMS - INC REPLACEMENT OF POOL HEATER AT SWIM CENTER CP 12-09 Kathie Hart From: Dave Barakian Sent: Saturday,July 27, 2013 10:57 PM To: Kathie Hart Cc: Dave Barakian; Savat Khamphou;Carrie Rovney;Tabitha Richards;Jay Thompson Subject: Re:A6301-Knorr System Work is done Sent from my iPhone On Jul 27, 2013, at 6:25 PM, "Kathie Hart" <Kathie.Hart[@palmsprings-ca.gov>wrote: This agreement is for the replacement of the pool heaters. Has this been completed? May I close this agreement file? Please advise. V Thx! Kathle Hart, CMC Chief Deputy City Clerk City of Palm Springs IM?(760)323-8206 3200 E. Tahqui tz Canyon Way A (760)322-8332 Palm Springs, CA 92262 0kethie.Hart@PalmSarinQsCA.00v Please note that City Hall 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 28th day of December in the year 2012, 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 Knorr Systems, Inc. hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -- THE WORK The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the City's Contract Documents entitled: (REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER] CITY PROJECT NO. 12-09 The Work is generally described as follows: A. Install (2) new heaters (lochinvar copper fine — model CPN1802) heaters will be provided by City. B. Remove existing bypass manifold, valves and fittings and install new bypass manifold, isolation valves and fittings — (new manifold CPVC, isolation valves shall be Bray Series 30/31 resilient seat butterfly valves or approved equal and all other fittings to be flanged, and all appurtenant hardware) C. Remove existing 8" inch pool return line, fittings, valves adjacent to heater manifold and replace with new 8" inch line, isolation valves and fittings — (8" inch line CPVC, isolation valves shall be Bray Series 30/31 resilient seat butterfly valves or approved equal and all other fittings to be flanged, and all appurtenant hardware) D. Shall include heater start up, testing and operational training for City Staff. Start up testing and final operation shall be to the satisfaction of the City. 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. REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT ` 3 AT SWIM CENTER CITY PROJECT NO.(#) L. AGREEMENT FORM �1/15/12 AGREEMENT AND BONDS-PAGE 14 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. 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 numberrs to All . inclusive, and all Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5 -- PAYMENT PROCEDURES The Contractor shall submit Applications for.Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the Engineer or the City as provided in the Contract Documents. ARTICLE 6 -- NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7 — MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO.(#) - AGREEMENT FORM 11/15/12 AGREEMENT AND BONDS-PAGE 15 consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By r; City Clerk �• �3 APPROVED TO FORM: APPROVED BY THE CITY COUNCIL: By Date City Attorney Date Ol- 2-4-;'v 13— Agreement No. CONTENTS APPROVED: APP�ROOV�ED,By CITY MANAGER By City Engineer Date 1 17 By ` �! City Manager Date 12�13- REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO.(#) AGREEMENT FORM 11/15/12 AGREEMENT AND BONDS-PAGE 16 Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary,Treasurer, Assistant Treasurer, or Chief Financial Officer. CONTRACTOR: Name: Knorr Systems, Inc. Check one:_Individual_Partnership X Corporation Address: 2221 Standard Avenue Santa Ana, CA 92707 Q B V / , � , Signature (Wotan Signat otarized) Name: Rich Robert Name: Susie Coudavre Title: President Title: Controller (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 Cn l; 7 /L 11 State of 11 County of ❑ss County of FISS On On L / before me, d /6e're 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 persoq(bl) whose nameK evidence to be the personvwhose name(g) is/zrre islKe subscribed to the within instrument and subscribed to the within instrument and acknowledged to me that he/s?/the executed acknowledged to me that V/shelth6yy executed the same in his/jle/dtt)err authorized cepacityWs), the same in �(s/her/tKir authorized capacity(ies), and that by his/hef/tbr6i_r signature on the and that by Vs/her/tWir signature on the instrument the person or the entity upon instrument the personas);or the entity upon behalf behalf of which the personi(a acted, executed the of which the perso%s f 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: DOMINIC Y.MESTAS No Seal: DOMINIC V.MESTAS CommUsbi •1863B6� �� Commission a 1863653 -� Notary Public -un�ornla � / / � � Notary Public-California i Orange County Comm.Expir Sep 10.2013+ Comm.Expires Sep 10.2013+ REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT. AGREEMENT FORM AT SWIM CENTER CITY PROJECT NO.(#) - AGREEMENT AND BONDS-PAGE 17 11/15/12 ADDENDUM NO. 1 To all prospective bidders under Specifications for the Replacement of Pool Heaters and Bypass equipment at Swim Center, City Project No. 12-09, which are to be received by the City of Palm Springs at the office of the Procurement and Contracting Manager at 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262, until 2:00 P.M. on December 4, 2012: I. The following changes shall be made in Specifications, Part II - Special Provisions, Section 10, 10-4.4: (additional language) It is the contractors responsibility to furnish equipment and labor necessary to move pool heaters into place. His may require use of a crane. Heaters will be delivered by City via trailer to the pool site and it will be contractor's responsibility to move heaters from trailer to existing pads in equipment room. Il. The Special Provisions as originally issued shall be used in submitting bids, and an acknowledgment of receipt of this Addendum No. 1 shall be entered on Page 2 of the Bid Forms. Failure to provide such acknowledgment may render the bid as non- responsive and subject to rejection. Date: November 26, 2012 BY ORDER OF THE CITY OF PALM SPRINGS By David J. Barakian Director of Public Works/City Engineer Civil Engineer C 28931 CITY OF PALM SPRINGS, CALIFORNIA PUBLIC WORKS & ENGINEERING DEPARTMENT NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND SPECIAL PROVISIONS FOR CONSTRUCTION OF THE: REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO. 12 - 09 IN THE CITY OF PALM SPRINGS NOVEMBER 2012 OF PALM S A� V to m RPORAYEO I FO R��P David J. Barakian, P.E., City Engineer Bids Open: December 4. 2012 Dated: November 14, 2012 CITY PROJECT NO. 12 - 09 The Special Provisions contained herein have been prepared by, or under the direct supervision of, the following Registered Civil Engineer: Q�pFESS/0 �L Z 31 M d cr, lEOF CAS\E���� Approved by: JXL David J. Barakian, P.E. City Engineer Civil Engineer C 28931 REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO.(#) 11/15/12 SIGNATURE PAGE NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND SPECIAL PROVISIONS TABLE OF CONTENTS PART I -- BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS Notice Inviting Bids Instructions to Bidders Bid Forms Bid (Proposal) Bid Schedule List of Subcontractors Local Business Preference Program Good Faith Efforts Non-collusion Affidavit Bidder's General Information Bid Bond (Bid Security Form) Agreement and Bonds Agreement Form Worker's Compensation Certificate Performance Bond Payment Bond Certificate of Insurance PART II -- SPECIAL PROVISIONS Section 1 - Terms, Definitions, Abbreviations, and Symbols Section 2 - Scope and Control of Work Section 3 - Changes in Work Section 4 - Control of Materials Section 5 - Utilities Section 6 - Prosecution, Progress, and Acceptance of the Work Section 7 - Responsibilities of the Contractor Section 8 - Facilities for Agency Personnel Section 9 - Measurement and Payment Section 10 - Construction Details PART III —APPENDICES APPENDIX "A" Standard Drawings Dust Control Sign APPENDIX "B" (as required) REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO.(#) SPECIAL PROVISIONS 11/15/12 GENERAL CONTENTS-PAGE 1 CITY OF PALM SPRINGS PUBLIC WORKS & ENGINEERING DEPARTMENT PART 1 - BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO. 12-09 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 REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO.(#) NOTICE INVITING BIDS 11/15/12 PAGE 1 Y CITY OF PALM SPRINGS NOTICE INVITING BIDS FOR CONSTRUCTING REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER 12-09 N-1 NOTICE IS HEREBY GIVEN that sealed bids for the Replacement of Pool Heaters and bypass equipment at swim center will be received at the office of the Procurement and Contracting Manager of the City of Palm Springs, California, until 2 P.M. on December 4, 2012 at which time they will be opened and read aloud. N-2 DESCRIPTION OF THE WORK: The Work comprises the installation and construction to be performed on the Pool Heaters and Bypass Equipment described on the attached description: A. Install (2) two new heaters B. Remove existing bypass manifold, valves and fittings and install new bypass manifold, isolation valves and fittings — (new manifold CPVC, isolation valves and fittings to be flanged) C. Remove existing 8" inch pool return line, fittings, valves adjacent to heater manifold and replace with new 8" inch line, isolation valves and fittings — (8" inch line CPVC, isolation valves and fittings to be flanged) D. Shall include heater start up, testing and operational training for City Staff. Start up testing and final operation shall be to the satisfaction of the City. Bidders are strongly advised to inspect the site and equipment 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 60 calendar days from the date of bid opening. REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO.(#) NOTICE INVITING BIDS 11/15/12 PAGE 1 N-6 CONTRACTOR'S LICENSE CLASSIFICATION: The Contractor shall possess a valid Class (A, C36, C53 or D35) Contractor license at the time of submitting bids and be certified by Lochinvar to install their equipment. 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 November 29, 2012, at 10:00 AM local time at the Swim Center, 401 S. Pavilion Way Palm Springs. N-10 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: (a) Contract Documents may be inspected without charge at the office of the City Engineer, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. (b) Complete sets of said Contract Documents may be purchased at $15.00 per set by cash, check or credit card and are obtainable from the City of Palm Springs Engineering Department, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. No refund will be made of any charges for sets of Contract Documents. Make checks payable to "City of Palm Springs". (c) An additional mailing fee of $5.00 will be charged for sets of documents sent by mail. Overnight, Federal Express, or other methods of delivery shall be the responsibility of the Bidder. If you have a FedEx No. or an On-Trac No, include that in your correspondence. If you do not have either of these, please include the mailing fee in your check for Bid Documents to cover the cost of shipping. If you have any questions, please call the Engineering Secretary @ (760) 323-8253 x 8738 or by e-mail at kim.licon@pal mspringsca.gov. (d) Obtaining Bid Documents and registration as a Bidder: If you are interested in submitting a bid, Bidders shall contact Kim Licon, Engineering Secretary, by e-mail at kim.licon@palmspringsca.gov, or by phone at (760) 323-8253 x 8738, to officially register as a Bidder for this project with your company name, address, phone, fax, contact person and e-mail address. Bidders must be registered to submit a Bid; failure to register may be Cause to find a Bid non-responsive. (e) Bidders shall obtain Bid Documents from the City of Palm Springs. The Bid Forms found in the original Bid Documents shall be removed from the bound Bid Document and used to submit a bid. REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO.(#) NOTICE INVITING BIDS 11/15/12 PAGE 2 (f) This Notice Inviting Bids, the Plan Holders List, and other related information for this project can be found on-line at the City's webpage at www.palmsprings- ca.gov/index.aspx?page=85. (g) All questions about the meaning or intent of the Bid Documents are to be directed to the City Engineer. Questions shall be submitted in writing to: David Barakian City Engineer, by fax to (760) 322-8325, or by e-mail to Dave.Barakian@palmspdngsca.gov. Questions must be submitted by 2:00 PM, November 29, 2012. Questions received after this date will not be accepted. 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 and Contracting Manager at 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. The envelope shall be plainly marked in the upper left hand comer with the name and address of the Bidder and shall bear the words "Bid For.." followed by the title of the Project and the date and hour of opening Bids. The certified or cashier's check or Bid Bond shall be enclosed in the same envelope with the Bid. BY ORDER OF THE CITY OF PALM SPRINGS Date I'Ud• l�, 201-- By � v David J. Barakian, PE Director of Public Works/City Engineer REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO.(#) NOTICE INVITING BIDS 11/15/12 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 "Engineer" shall be as defined in the Special Provisions. 2. COMPETENCY OF BIDDERS - In selecting the lowest responsive, responsible Bidder, consideration will be given not only to the financial standing of the Bidder, but also to the general competency of the Bidder for the performance of the Work covered by the Bid. To this end, each Bid shall be supported by a statement of the Bidder's experience as of recent date on the form entitled "Bidder's General Information," bound herein. Except as otherwise provided under Public Contract Code §20103.5, no Bid for the Work will be accepted from a contractor who does not hold a valid contractor's license in the State of California for the classifications named in the Notice Inviting Bids at the time of award. 3. DISQUALIFICATION OF BIDDERS - More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. If the City believes that any Bidder is interested in more than one Bid for the Work contemplated, all Bids in which such Bidder is interested will be rejected. If the City believes that collusion exists among the Bidders, all Bids will be rejected. 4. BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND THE SITE — a) It is the responsibility of each Bidder before submitting a Bid to examine the Contract Documents thoroughly; visit the site to become familiar with local conditions that may affect cost, progress, or performance of the Work; consider federal, state, and local laws and regulations that may affect cost, progress, or performance of the Work; study and carefully correlate the Bidder's observations with the Contract Documents; and notify the Engineer of all conflicts, errors, or discrepancies noted in the Contract Documents. (b) Reference is made to the Special Provisions for identification of those reports of explorations and tests of subsurface conditions at the site which may have been utilized by the Engineer in the preparation of the Contract Documents. However, such reports are NOT a part of the Contract Documents. The interpretation of such technical data, including any interpolation or extrapolation thereof, together with non-technical data, interpretations, and opinions contained therein or the completeness thereof is the responsibility of the Bidder. (c) Copies of such reports and drawings will be made available for inspection by the City to any Bidder upon request. Those reports and drawings are NOT part of the Contract Documents, but any technical data contained therein upon which the Bidder is entitled to rely is limited to that set forth in the Special Provisions. (d) Subject to the provisions of Section 4215 of the California Government Code, information and data reflected in the Contract Documents with respect to underground REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO.(#) INSTRUCTIONS TO 11/15/12 BIDDERS-PAGE 1 utilities at or contiguous to the site is based upon information and data furnished to the City and the Engineer by the owners of such underground utilities or others, and the City does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Special Provisions. (e) Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground utilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in the Standard Specifications and Special Provisions. (f) Before submitting a Bid, each Bidder must, at Bidder's own expense, make or obtain any additional examinations and investigations which pertain to the physical conditions (surface, subsurface, and underground utilities) at or contiguous to the site or otherwise which may affect cost, progress, or performance of the Work and which the Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents. (g) Where feasible, upon request in advance, the City will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submittal of a Bid. The Bidder shall fill all exploration and test holes made by the Bidder and shall repair damage, clean up, and restore the site to its former condition upon completion of such exploration. (h) The lands upon which the Work is to be performed, the rights-of-way and easements for access thereto, and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Contractor. Easement for permanent structures or permanent changes in existing structures will be obtained and paid for by the City unless otherwise provided in the Contract Documents. (i) The submittal of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article; that without exception the Bid is premised upon performing the Work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents; and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all the terms and conditions for performance of the Work. 5. INTERPRETATIONS - All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be resolved by the issuance of Addenda mailed or delivered to all parties recorded by the Engineer or the City as having received the Contract Documents. Questions received less than 5 days prior to the date of opening Bids may not be answered. Only questions that have been resolved by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. 6. BID SECURITY, BONDS, AND INSURANCE - Each Bid shall be accompanied by a certified or cashier's check or approved Bid Bond in the amount stated in the Notice REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO.(#) INSTRUCTIONS TO 11/15/12 BIDDERS-PAGE 2 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 fumish the necessary insurance certificates, and Payment Bond. Each of said bonds and insurance certificates shall be in the amounts stated in the Standard Specifications or Special Provisions. In case of refusal or failure of the successful Bidder to enter into said Agreement, the check or Bid Bond, as the case may be, shall be forfeited to the City. If the Bidder elects to fumish 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 fumish 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 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; REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO.(#) INSTRUCTIONS TO 11/15/12 BIDDERS-PAGE 3 (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— (a) The quantities of work or material stated in unit price items of the Bid are supplied only to give an indication of the general scope of the Work; the City does not expressly or by implication agree that the actual amount of work or material will correspond therewith. (b) In the event of an increase or decrease in a bid item quantity of a unit price Contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit prices established for such work under the Contract Documents; provided, that on unit price contracts, increases of more than 25 percent, decreases of more than 25 percent, and eliminated items shall be adjusted as provided in Section 3 of the Standard Specifications and Special Provisions. 12. WITHDRAWAL OF BID - The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or it's properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids prior to the scheduled closing time for receipt of Bids. 13. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS - Unauthorized conditions, limitations, or provisos attached to the Bid will render it informal and may cause its rejection as being non-responsive. The completed Bid forms shall be without interlineation, alterations, or erasures. Alternative Bids will not be considered unless expressly called for in the Notice Inviting Bids. Oral, FAX, telegraphic, or telephone Bids or modifications will not be considered. 14. LIQUIDATED DAMAGES - Provisions for liquidated damages, if any, shall be as set forth in the Agreement and the provisions of the Special Provisions. 15. SUBSTITUTE OR "OR-EQUAL" ITEMS - The procedure for submittal of any application for a substitute or "or-equal" item by the Contractor and consideration by the Engineer is set forth in Section 4 of the Standard Specifications and Special Provisions. 16. AWARD OF CONTRACT - Award of Contract, if it is awarded, will be based primarily on the lowest overall cost to the City, and will be made to a responsive, responsible Bidder whose Bid complies with all the requirements prescribed. Unless otherwise specified, any such award will be made within the period stated in the Notice 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 REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO.(#) INSTRUCTIONS TO 11/15/12 BIDDERS-PAGE 4 the Bid Items of an individual Bid Schedule. In the event the Work is contained in more than one Bid Schedule, the City may award schedules individually or in combination. In the case of 2 or more Bid Schedules which are alternative to each other, only one of such alternative schedules will be awarded. 17. EXECUTION OF AGREEMENT - The Bidder to whom award is made shall execute a written Agreement with the City on the form of agreement provided, shall secure all insurance, and shall furnish all certificates and bonds required by the Contract Documents within 15 calendar days after receipt of the Agreement forms from the City. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award and forfeiture of the Bid Security. If the lowest responsive, responsible bidder refuses or fails to execute the Agreement, the City may award the Contract to the second lowest responsive, responsible Bidder. If the second lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the City may award the Contract to the third lowest responsive, responsible Bidder. On the failure or refusal of such second or third lowest Bidder to execute the Agreement, each such bidder's Bid Securities shall be likewise forfeited to the City. 18. WORKER'S COMPENSATION REQUIREMENT - The Bidder should be aware that in accordance with laws of the State of California, the Bidder will, if awarded the Contract, be required to secure the payment of compensation to its employees and execute the Worker's Compensation Certification. - END OF INSTRUCTIONS TO BIDDERS- REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO.(#) INSTRUCTIONS TO 11/15/12 BIDDERS-PAGE 5 BID DOCUMENTS Only the following listed documents, identified in the lower right corner as "Bid Forms" and reproduced on colored paper, shall be fully executed and submitted with the Bid at the time of opening of Bids. Bid (Proposal) Bid Schedule(s) List of Subcontractors Local Business Preference Program Good Faith Efforts Non-collusion Affidavit Bid Bond (Bid Security Form) Bidder's General Information Failure of a Bidder to fully execute and submit all of the listed documents with the Bid will render a Bid as non-responsive and subject to rejection. REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO.(#) COVER SHEET 11/15/12 BID FORMS-PAGE 1 BID BID TO: CITY OF PALM SPRINGS, CALIFORNIA The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City in the form included in the Contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled: REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO. 12-09 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 REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO.(#) BID(PROPOSAL) 11/15/12 BID FORMS-PAGE 2 Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefore the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). Dated: Bidder: By: (Signature) Title: REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO.(#) BID(PROPOSAL) 11/15/12 BID FORMS-PAGE 3 BID SCHEDULE Lump Sum Price for Construction of REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER PROJECT NO. 12-09 In Palm Springs, Califomia Item Description A. Install (2) new heaters (lochinvar copper fine — model CPN1802). Heaters Will be provided by City. B. Remove existing bypass manifold, valves and fittings and install new bypass manifold, isolation valves and fittings — (new manifold CPVC, isolation valves shall be Bray Series 30/31 resilient seat butterfly valves or approved equal and all other fittings to be flanged, and all appurtenant hardware) C. Remove existing 8" inch pool return line, fittings, valves adjacent to heater manifold and replace with new 8" inch line, isolation valves and fittings — (8" inch line CPVC, isolation valves shall be Bray Series 30/31 resilient seat butterfly valves or approved equal and all other fittings to be flanged, and all appurtenant hardware) D. Shall include heater start up, testing and operational training for City Staff. Start up testing and final operation shall be to the satisfaction of the City. TOTAL BID PRICE - FOR SCHEDULE For the lump sum of (Price in figures) (Price in words) Name of Bidder REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO.(#) LUMP SUM BID SCHEDULE 11/15/12 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. REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO.(#) LIST OF SUBCONTRACTORS 11/15/12 BID FORMS-PAGE 5 LOCAL BUSINESS PREFERENCE PROGRAM - GOOD FAITH EFFORTS City Project No.: Bid Opening Date The contract for this project is subject to the provisions of Palm Springs Ordinance No. 1756, and Section 7.09.030 of the Palm Springs Municipal Code, "Local Business Preference Program", subsection (5) "Local Preference in Public Works Contracts (Sub-Contracting)", which states: The prime contractor shall use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises and to sub-contract services to businesses whose work force resides within the Coachella Valley. The prime contractor shall submit evidence of such good faith efforts at the time of submission of bids. Good faith efforts may be evaluated by placing advertisements inviting proposals in local newspapers, sending request for proposals to local sub-contractors, or by demonstrating that no local sub-contracts are qualified to perform the work or supply the materials or equipment. Any notice inviting bids which may require the use of sub-contractors shall include notification of this subsection. The City Council or Director may reject as non-responsive the bid of any contractor proposing to use sub-contractors that fail to comply with the requirements of this subsection. Bidders shall provide sufficient information to demonstrate that they have made good faith efforts to comply with Palm Springs Ordinance No. 1756. In the event no local firm (as defined in Ordinance No. 1756) is listed as a subcontractor on the "List of Subcontractors" submitted with its Bid, Bidders shall identify local subcontractors not required to be identified on the List of Subcontractors, and/or shall identify local firms with whom the Bidder has solicited to furnish materials and supplies for incorporation into the work of this project. Local Subcontractors not listed on the List of Subcontractors: Local firms that will furnish materials or supplies to the Bidder for this project: LOCAL BUSINESS PREFERENCE PROGRAM REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT GOOD FAITH EFFORTS AT SWIM CENTER CITY PROJECT NO.(#) BID FORMS-PAGE 6 11/15/12 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 LOCAL BUSINESS PREFERENCE PROGRAM REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT GOOD FAITH EFFORTS AT SWIM CENTER CITY PROJECT NO.(#) BID FORMS-PAGE 7 11/15/12 C. The items of work which the bidder made available to local firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate participation by local firms. Items of Work Bidder Breakdown of Items Amount Percentage Normally M Of Performs Item Contract (Y/N) D. The names, addresses and phone numbers of rejected local firms, the reasons for the bidder's rejection of the local firms, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each firm if the selected firm is not a local firm: Names, addresses and phone numbers of rejected local firms and the reasons for the bidder's rejection of the local firms: Names, addresses and phone numbers of firms selected for the work above: NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY. LOCAL BUSINESS PREFERENCE PROGRAM REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT GOOD FAITH EFFORTS AT SWIM CENTER CITY PROJECT NO.(#) BID FORMS-PAGE 8 11/15/12 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of ) I, , being first duly swom, deposes and says that he or she is of , the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her Bid price, or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid. Bidder By Title Organization Address REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO.(#) NON-COLLUSION AFFIDAVIT 11/15/12 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 REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO.(#) NON-COLLUSION AFFIDAVIT 11/15/12 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: REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO. 12-09 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 2012. 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 By Signature(NOTARIZED) Signature(NOTARIZED) Print Name and Title Print Name and Title: REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO.(#) BID BOND (BID SECURITY FORM) 11/15/12 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 Numbers) 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: REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO.(#) BIDDER'S GENERAL INFORMATION 11/15/12 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 Engineer. REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO.(#) BIDDER'S GENERAL INFORMATION 11/15/12 BID FORMS- PAGE 13 AGREEMENT THIS AGREEMENT made this day of in the year 2012, 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: (REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER) CITY PROJECT NO. 12-09 The Work is generally described as follows: A. Install (2) new heaters (lochinvar copper fine — model CPN1802) heaters will be provided by City. B. Remove existing bypass manifold, valves and fittings and install new bypass manifold, isolation valves and fittings — (new manifold CPVC, isolation valves shall be Bray Series 30/31 resilient seat butterfly valves or approved equal and all other fittings to be flanged, and all appurtenant hardware) C. Remove existing 8" inch pool return line, fittings, valves adjacent to heater manifold and replace with new 8" inch line, isolation valves and fittings — (8" inch line CPVC, isolation valves shall be Bray Series 30131 resilient seat butterfly valves or approved equal and all other fittings to be flanged, and all appurtenant hardware) D. Shall include heater start up, testing and operational training for City Staff. Start up testing and final operation shall be to the satisfaction of the City. 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. REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO.(#) AGREEMENT FORM 11/15/12 AGREEMENT AND BONDS- PAGE 14 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. 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 Engineer or the City as provided in the Contract Documents. ARTICLE 6 — NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7 -- MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO.(#) AGREEMENT FORM 11/15/12 AGREEMENT AND BONDS-PAGE 15 consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk APPROVED BY THE CITY COUNCIL: APPROVED AS TO FORM: By Date City Attorney Date Agreement No. CONTENTS APPROVED: By City Engineer Date By City Manager Date REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO.(#) AGREEMENT FORM 11/15/12 AGREEMENT AND BONDS- PAGE 16 Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. CONTRACTOR: Name: Check one: _Individual_Partnership _Corporation Address: By: By: Signature (notarized) Signature(notarized) Name: Name: Title: Title: (This Agreement must be signed in the above This Agreement must be signed in the above space by one of the following: Chairman of the space by one of the following: Secretary, Chief Board, President or any Vice President) Financial Officer or any Assistant Treasurer) State of ❑ State of C County of Gss County of Gss 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: REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AGREEMENT FORM AT SWIM CENTER CITY PROJECT NO.(#) AGREEMENT AND BONDS- PAGE 17 11/15/12 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) REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO.(#) 11/15/12 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: REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO. 12-09 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 2012. 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 CERTIFICATE OF INSURANCE THIS CERTIFICATE ISSUED TO THE OWNERIAGENTS LISTED BELOW DESIGNATED BY THE CONTRACT WITH THE INSURED NAME AND ADDRESS OF INSURED INSURANCE COMPANIES AFFORDING COVERAGE COMPANY A B C D TYPE OF WORK PERFORMED AND LOCATION LIMITS OF LIABILITY IN THOUSANDS Ix10001 L.n. TYPE OF INSURANCE POLICY NUMBER EACH COMPREHENSIVE GENERAL LIABILITY Including: ❑ EXPLOSION AND COLLAPSE BODILY INJURY $ 5 ❑ UNDERGROUND DAMAGE a $ ❑ PROPERTY DAMAGE %10WCT5/COMRETEO OPERATIONS ❑ CONTRACTUAL INSURANCE Pr ❑ BROAD FORM PROPERTY DAMAGE ❑ INDEPENDENT CONTRACTORS BODILY INJURY AND ❑ PERSONAL INJURY PROPERTY $ $ DAMAGE COMBINED PERSONAL INJURY $ COMPREHENSIVE AUTOMOBILE BODILY INJURY LIABILITY EACH PERSON $ Including: EACH ACCIDENT ❑ O"ED ❑ HIRED PROPERTY DAMAGE ❑ NON-OWNED w ❑ MOTOR CARRIER ACT BODILY INJURY AND PROPERTY $ DAMAGE COMBINED EXCESS LIABILITY BODILY INJURY Including: AND PROPERTY ❑ EMPLOYER'S LIABILITY DAMAGE COMBINED $ WORKER'S COMPENSATION STATUTORY and EMPLOYERS LIABILITY Including: EL ❑ S (EACH LONG SHOREMEN'S AND ACCmENTI HARBOR WORKERS OTHER ADDITIONAL INSURED ENDORSEMENT--CITY OF PALM SPRINGS The undersigned certifies that he or she is the representative of the above-named insurance companies,that he or she has the authority to execute and issue 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..and,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 REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT CERTIFICATE OF INSURANCE AT SWIM CENTER CITY PROJECT NO.(#) AGREEMENT AND BONDS- PAGE 21 11/15/12 CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING DEPARTMENT PART II -- SPECIAL PROVISIONS REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO. 12-09 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 REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIMF9AWffTFFR SPECIAL PROVISIONS CITY PROJECT NO. (#) GENERAL CONTENTS- PAGE 1 11/15/12 CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING DEPARTMENT SPECIAL PROVISIONS REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO. 12-09 SECTION 1 -- TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 GENERAL 1-1.1 Standard Specifications. - The Work hereunder shall be done in accordance with the Standard Specifications for Public Works Construction ("Greenbook"), 2012 Edition, including all current supplements, addenda, and revisions thereof, these Special Provisions, and the Standard Plans identified in the Appendix, insofar as the same may apply to, and be in accordance with, the following Special Provisions. In case of conflict between the Standard Specifications for Public Works Construction ("Greenbook") and these Special Provisions, the Special Provisions shall take precedence over, and be used in lieu of, such conflicting portions. 1-1.2 Supplementary Reference Specifications. - Insofar as references may be made in these Special Provisions to the Caltrans Standard Specifications, 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. REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT7gW ftC§t'fhftIONS, ABBREVIATIONS, AND SYMBOLS CITY PROJECT NO. W SPECIAL PROVISIONS-SECTION 1 -PAGE 1 11/15/12 1-2.2 Legal Address of the Engineer. - The official address of the Engineer shall be the Director of Public Works/City Engineer, City of Palm Springs, Engineering Department, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, or such other address as the Engineer may subsequently designate in writing to the Contractor. 1-2.3 Legal address of the City's Project Representative. - The name and address of the City's designated Project Representative shall be the Parks Maintenance Supervisor, City of Palm Springs, Public Works and Engineering Department, 3200 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 Terns. - Wherever in the Standard Specifications the following terms are used, the definitions shall be amended to read: Agency - The City of Palm Springs, a charter city organized and existing in the County of Riverside, State of California. Engineer-The Director of Public Works/City Engineer of the City of Palm Springs, Caflfornia. Liquidated Damages -The amount prescribed in the Special Provisions, pursuant to the authority of Government Code Section 53069.85, to be paid to the City or to be deducted from any payments due, or to become due, the Contractor for each days delay in completing the whole or any specked 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 Engineer, from proceeding with at least 75 percent of the normal labor and equipment force REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT ATAWPUMARIONS, ABBREVIATIONS, AND SYMBOLS CITY PROJECT NO. (#1 SPECIAL PROVISIONS- SECTION 1 -PAGE 2 11/15/12 engaged on such operation or operations for at least 60 percent of the total daily time being currently spent on the controlling operation or operations. - END OF SECTION - REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT ATj WKWI RIONS, ABBREVIATIONS, AND SYMBOLS CITY PROJECT NO. 1#1 SPECIAL PROVISIONS- SECTION 1 -PAGE 3 11/15/12 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: 8 WORKING DAYS from the day specified in the Notice to Proceed issued by the City. Said time of completion does not include time associated with ordering long lead-time items. Contractor shall refer to Section 4-2.2 of these Special Provisions for requirements associated with ordering long lead-time items. 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. 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 increased Work, or of cancellation of the Contract,or of any other act or acts by the City or any of its authorized representatives." Performance Bond is not required. 2-2.2 EXECUTION OF BONDS REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER SCOPE AND CONTROL OF WORK CITY PROJECT NO. W SPECIAL PROVISIONS-SECTION 2- PAGE 1 11/15/12 Bonds shall be executed by either: (a) two (2) or more sufficient personal sureties; (b) one sufficient admitted surety insurer; or(c) a combination of sufficient personal sureties and admitted surety insurers. If a corporate surety insurer is used, a County Clerk's certificate evidencing that it is an admitted surety insurer shall be submitted with the bonds. If a personal surety is used, all requirements set out in Code of Civil Procedure Section 995.510 shall be met to the satisfaction of the City Engineer. 2-3 PRECEDENCE OF CONTRACT DOCUMENTS The provisions of Section 2-5.2 of the Standard Specifications shall be revised to read as follows: In resolving disputes resulting from conflicts, errors, or discrepancies in any of the Contract Documents, the document highest in precedence shall control. The order of precedence shall be as listed below: 1. Change Orders or Work Change Directives 2. Agreement 3. Addenda 4. Contractors 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 govem 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. - Soils reports and other reports of subsurface conditions may be made available for inspection by the Contractor. HOWEVER, SUCH REPORTS AND DRAWINGS ARE NOT CONTRACT DOCUMENTS. The Contractor may rely upon the general accuracy of the"technical data"contained in such reports and drawings only where such "technical data" are specifically identified in the Special Provisions. Except for such reliance on such"technical data,"the Contractor may not rely upon or make any claim against the City, the Engineer, nor any of the Engineer's Consultants with respect to any of the following: 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 REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER SCOPE AND CONTROL OF WORK CITY PROJECT NO. W SPECIAL PROVISIONS- SECTION 2- PAGE 2 11/15/12 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 ENGINEER The Engineer will decide all conflicts which may arise as to (1) the quality or acceptability of the materials or equipment furnished, (2) the performance of the Work, (3)the manner of performance and rate of progress of the Work, (4)the interpretation of the Plans, Specifications, and Special Provisions, (5) the acceptable fulfillment of the Contract on the part of the Contractor, and (6) compensation of the Contractor. The Engineer's decision shall be final, and he shall have the authority to enforce and make effective such decisions and orders which the Contractor may fail to carry out promptly. 2-9 INSPECTION The Engineer shall have complete and safe access to the Work at all times during construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the Specifications, the Special Provisions, and the Plans. All labor, materials, and equipment fumished shall be subject to the Engineer's inspection. When the Work is substantially completed, a representative of the Engineer will make the final inspection. 2-10 SITE EXAMINATION The Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work, and the general and local conditions, such as, but not limited to, all other matters which could in any way affect the Work or the costs thereof. The failure of the Contractor to acquaint itself with all available information regarding any applicable existing or future conditions shall not relieve it from the responsibility for properly estimating either the difficulties, responsibilities, or costs of successfully performing the Work according to the Contract Documents. 2-11 FLOW AND ACCEPTANCE OF WATER Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. , the Contractor, by submitting a Bid, hereby acknowledges REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER SCOPE AND CONTROL OF WORK CITY PROJECT NO. 1#) SPECIAL PROVISIONS- SECTION 2- PAGE 3 11/15/12 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 Engineer, a Schedule of Values, or lump sum price breakdown, which will serve as the basis for progress payments and shall be incorporated into a form of Application for Payment acceptable to the Engineer. Such Schedule of Values shall be submitted for approval at the Pre- construction Conference and must meet the approval of the Engineer before any payments can be made to the Contractor. - END OF SECTION - REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER SCOPE AND CONTROL OF WORK CITY PROJECT NO. W SPECIAL PROVISIONS- SECTION 2-PAGE 4 11/15/12 SECTION 3 -- CHANGES IN WORK 3-1 EXTRA WORK The provisions of Section 3-3 of the Standard Specifications shall apply; provided, that the provisions for markup percentages for overhead and profit for extra work referenced in subparagraph 3-3.2.3 of the 2012 edition shall be deleted in its entirety and the following substituted: 3-2 PAYMENT 3-2.1 Markup: The provisions of Subsection 3-3.2.3 Markup, shall be amended to read as follows: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profit. 1) Labor 24 percent(includes bonding) 2) Materials 15 percent 3) Equipment rental 15 percent 4) Other items and expenditures 15 percent 5) Subcontracts (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 - REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CHANGES IN WORK CITY PROJECT NO. (#) SPECIAL PROVISIONS- SECTION 3-PAGE 1 11/15/12 SECTION 4 -- CONTROL OF MATERIALS 4-1 TRADE NAMES OR EQUALS 4-1.1 Substitutions. - Subparagraph 2 of Section 4-1.6 of the Standard Specifications shall be amended to read as follows: Whenever any particular material, process, or equipment is indicated by a patent, proprietary, or brand name, or by the name of the manufacturer, such product shall be followed by the words "or equal." A Contractor may offer any material, process, or equipment considered as equivalent to that indicated, unless a sole source is specified. Failure of the Contractor to submit requests for substitution promptly after bid opening shall be deemed to signify that the Contractor intends to furnish one of the brands named in the Special Provisions, and the Contractor does hereby waive all rights to offer or use substitute materials, products, or equipment for that which was originally specified. Unless otherwise authorized by the Engineer, the time for submission of data substantiating a request for substitution of an "or equal' item shall be not more than 20 days after bid opening. 4-1.2 Submittals for Approval of "Or Equals." - Should the Contractor request approval for "or equal' products, it shall submit data substantiating such request to the Engineer as per Subsection 4-1.1, above. Data for approval of"or equal' products shall include complete calculations, technical specifications, samples, or published documents relating to the performance and physical characteristics of the proposed substitute. The appearance of manufacturer and product names or trademarks, details of materials or services, or product descriptions in either the Plans or the Specifications are for reference only and do not constitute an endorsement of same by the Engineer or the City. 4.2 MATERIALS 4-2.2 Placing Orders. - The Contractor shall place the order(s) for all long-lead supplies, materials, and equipment, for any traffic signing, striping, legends, and traffic control facilities within 3 working days after the award of Contract by the City. The Contractor shall furnish the Engineer with a statement from the vendors) 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 - REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CONTROL OF MATERIALS CITY PROJECT NO. (#) SPECIAL PROVISIONS- SECTION 4-PAGE 1 11/15/12 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. REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER UTILITIES 1/1 PROJECT NO. 1#1 11/15/12 SPECIAL PROVISIONS-SECTION 5-PAGE 7 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 - REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER UTILITIES CITY PROJECT NO. W SPECIAL PROVISIONS- SECTION 5 -PAGE 2 11/15/12 SECTION 6 -- PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 LIQUIDATED DAMAGES 6-1.1 Amount. - The amount of liquidated damages as specified in Section 6-9 of the Standard Specifications shall not apply, but shall be as stated in the Agreement. 6-2 TIMES OF OPERATION 6-2.1 Hours of Operation. - It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following, other than between the hours of 7:00 a.m. to 3:30 p.m., Monday through Thursday, with no work allowed on City-observed holidays, unless otherwise approved by the Engineer: 1. Powered Vehicles 2. Construction Equipment 3. Loading and Unloading Vehicles 4. Domestic Power Tools 6-3 NOTIFICATION 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 Minjares, Parks Maintenance Supervisor (760)567-1034 VERIZON Attention: Mr. Larry Moore (760)778-3603 DESERT WATER AGENCY Attention: Ms. Debbie Randall (760)3234971 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 UNDERGROUND SERVICE ALERT (800)227-2600 PROSECUTION, PROGRESS, REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER AND ACCEPTANCE OF THE WORK CITY PROJECT NO. W SPECIAL PROVISIONS- SECTION 6 -PAGE 1 11/15/12 6-4 EMERGENCY INFORMATION The names, addresses, and telephone numbers of the Contractor, sub- contractors, their owners, officers, and superintendents, shall be filed with the Engineer at the Pre-Construction Conference. - END OF SECTION - PROSECUTION, PROGRESS, REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER AND ACCEPTANCE OF THE WORK CITY PROJECT NO. W SPECIAL PROVISIONS-SECTION 6 -PAGE 2 11/15/12 SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR 7-1 General. - The provisions of Section 7-13 of the Standard Specifications shall be revised to read as follows: "The Contractor shall keep itself fully informed of all existing and future State and Federal laws, and county and municipal ordinances and regulations, which in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any way affect the conduct of the Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. He or she shall at all times observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any or all authority over the Work, and shall indemnify the City and all officers and employees thereof connected with the Work, including, but not limited to, the City Engineer, against any claim or liability arising from, or based on, the violation of any such law, ordinance, regulation, order, or decree, whether by itself or its employees. If any discrepancy or inconsistency is discovered in the Plans, Drawings, Special Provisions, or Contract for the Work in relation to any such law, ordinance, regulation, order, or decree, the Contractor shall forthwith report the same to the Engineer in writing." 7-2 Hours of Labor. — Eight hours labor constitutes a legal day's work. The Contractor shall comply with all applicable provisions of Section 1810 to 1815, inclusive, of the California Labor Code relating to working hours. The Contractor shall forfeit, as a penalty to the City, $25.00 for each worker employed in the execution of the contract by the Contractor or by any subcontractor under him for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day or 40 hours in any one calendar week, unless such worker receives compensation for all hours worked in excess of 8 hours per day, or 40 hours during any one week at not less than one and one-half times the basic rate of pay. 7-3 Prevailing Wage Rates Not Applicable. - Funding for the Work is with all local funds and, as provided under the City Charter, will NOT require compliance with the prevailing wage requirements of the State of California. 7-5 Unpaid Claims. - If, at any time prior to the expiration of the period for service of a Stop Notice, there is served upon the City a Stop Notice, as provided in Sections 3179 through 3210 of the Civil Code of the State of California, the City shall, until the discharge thereof, withhold from the moneys under its control so much of said moneys due or to become due the Contractor under this Contract, as shall be sufficient to answer the claim stated in such Stop Notice, and to provide for the reasonable cost of any litigation thereunder, provided, that if the Engineer shall, in its discretion, permit the Contractor to file with the City the bond referred to in Section 3196 of the Civil Code of REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTV*SPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 1#1 11/15/12 SPECIAL PROVISIONS-SECTION 7- PAGE 1 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 REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTIWSPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. IJII SPECIAL PROVISIONS-SECTION 7- PAGE 2 11/15/12 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: REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTIRSPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. I#) SPECIAL PROVISIONS-SECTION 7 -PAGE 3 11/15/12 A. Minimum Scope of Insurance Required 1. General Liability Insurance is required whenever the City is at risk of third-parry 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: REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENT1WSPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. (#)11/15/12 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 S rin s 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. REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTWSPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. Uil SPECIAL PROVISIONS - SECTION 7 - PAGE 5 11/15/12 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: REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENT4*SPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 1#1 SPECIAL PROVISIONS- SECTION 7 - PAGE 6 11/15/12 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 TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION 0 I IADII ITV OF ANY KIND UPON THE INSURER ITS AGENTS OR DCDD CC C�ITATI\/CC *The broker/agent can include a qualifier stating `10 days notice for nonpayment of premium." Example C: IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED(S), BUT ONLY WITH RESPECT TO THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO. G. Alternative Programs/Self-Insurance Under certain circumstances, the City may accept risk financing mechanisms such as Risk Retention Groups, Risk Purchasing Groups, off-shore carriers, captive insurance programs and self-insurance programs as verification of insurance coverage. These programs are subject to separate approval once the City has reviewed the relevant audited financial statements and made a determination that the program provides sufficient coverage to meet the City's requirements. The City has recently joined SPARTA (Service Providers & Artisans Trade Activities Program) to accommodate smaller contractors and service providers who have difficulty in meeting the City's insurance requirements. The SPARTA Program offers a general liability program that provides the $1 million limit and, upon request, will also provide auto insurance with the $1 million limit (only in conjunction with the purchase of general liability insurance). SPARTA is only available during the time your company is under contract with the City. Insurance is provided on a per project basis and is overseen by the Municipality Insurance Services, Inc. Essex Insurance Company provides coverage and is an A++ rated company. There is a 24-hour response time and coverage is immediate. A quote may be obtained by calling 1-800-420-0555 or online at www.2sparta.com. Type of work covered: A. Personal services contracts; B. General contractors and their subcontractors (certain specialty trades excluded); C. Consultants; and D. Providers of goods. H. Waiver of Modification of the Insurance Requirements REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTIWSPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. IJII SPECIAL PROVISIONS-SECTION 7 -PAGE 7 11/15/12 Any waiver or modification of the insurance requirements can only be made by the City's Risk Manager or designee at City's discretion. If you do not believe that the insurance requirements apply to you (e.g., you do not have employees and are not subject to the State workers' compensation insurance requirements; you do not drive an automobile in connection with the services you provide to the City; professional liability or errors and omissions liability insurance is not available for the type of services you are performing, etc.), please submit a written request for waiver or modification of the insurance requirements and the reasons underlying your request to the Risk Manager. All requests for waiver or modification will be reviewed and a final determination rendered by the Risk Manager. 7-12 PERMITS 7-12.1 Business License. The Contractor and all of its subcontractors shall possess a current City business license issued by the City prior to commencement of the Work, in accordance with Title 3 of the City s Municipal Code. The Contractor shall obtain a Business License from the City of Palm Springs prior to commencement of work. The Business License can be obtained from the City of Palm Springs, Business License Office, 3200 Tahquitz Canyon Way, Palm Springs, CA. 92262, (760) 323-8289. 7-12.3 City of Palm Springs Construction Permit. The Contractor shall be required to obtain and sign a City of Palm Springs Construction Permit prior to commencement of the Work, but the fee for this permit shall be waived. The Construction Permit can be obtained from the office of the Engineer. 7-14 SITE CLEANUP Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the Contractor shall keep the work site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance, as required in Section 7-15 of these Special Provisions. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. Materials and equipment shall be removed from the site as soon as they are no longer necessary; and upon completion of the work and before final inspection the entire worksite shall be cleared of equipment, unused materials, trash, rubbish and debris so as to present a satisfactory clean and neat appearance, as approved by the Engineer. All cleanup costs shall be absorbed in the Contractor's bid. Full compensation for all work required in this section shall be considered as included in the contract prices paid for the related items of work and no additional compensation will be allowed therefore. 7-15 DUST CONTROL 7-15.1 General REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTk*SPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. W SPECIAL PROVISIONS- SECTION 7 -PAGE 8 11/15/12 A. The Contractor shall be responsible for stabilizing the disturbed soil during construction. The method which it will use must be approved by the Engineer. If a water meter is required by the Engineer during construction, the Contractor shall contact the Desert Water Agency at (760) 323-4971 to obtain said meter. The cost of this work shall be included in the price of various items in the Bid Schedule, and no additional payment will be made therefore. B. The Contractor shall be responsible for maintaining the project site and providing adequate dust control 24 hours a day, everyday, through the duration of the ro'ect in conformance with City requirements, Section 7-8 of the Standard Specifications, and to the satisfaction of the City Engineer. - END OF SECTION - REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTWSPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 1#1 SPECIAL PROVISIONS-SECTION 7 - PAGE 9 11/15/12 SECTION 8 -- FACILITIES FOR AGENCY PERSONNEL (BLANK) - END OF SECTION - REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER FACILITIES FOR AGENCY PERSONNEL CITY PROJECT NO. W SPECIAL PROVISIONS-SECTION 8- PAGE 1 11/15/12 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 Engineer before submittal to the City for payment. All billings shall be directed to the Engineer. The Contractor shall submit with its invoice the Contractor's conditional waiver of lien for the entire amount covered by such invoice; valid unconditional waivers of lien from the Contractor and all subcontractors and material-men for all work and materials included in any prior invoices; Waivers of lien shall be in the forms prescribed by California Civil Code Section 3262. Prior to final payment by the City, the Contractor shall submit a final waiver of lien for the Contractor's work, together with releases of lien from any subcontractor or material- men. Payments shall be processed in accordance with Section 9-3 "Payment' of the Greenbook Standard Specifications for Public Works Construction, provided, however, that the Contractor shall make an 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 Engineer shall review the Contractors 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 Engineer. The Contractor shall receive payment by mail to the Contractors business address within 30 REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER MEASUREMENT AND PAYMENT CITY PROJECT NO. (#) SPECIAL PROVISIONS-SECTION 9- PAGE 1 11/15/12 days of the Engineer's 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 Engineer. 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. REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER MEASUREMENT AND PAYMENT CITY PROJECT NO. W SPECIAL PROVISIONS-SECTION 9- PAGE 2 11/15/12 No payment for any of the listed Mobilization Work items will be made until all of the listed items have been completed to the satisfaction of the Engineer. The 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 - REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER MEASUREMENT AND PAYMENT CITY PROJECT NO. 1#1 SPECIAL PROVISIONS-SECTION 9 - PAGE 3 11/15/12 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 City of Palm Springs Swim Center at Sunrise Park. 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 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 the installation of all items. 10-4.3 Accuracy of Data. The Generator Installation Drawing and these Specifications shall be used for guidance. Any changes in location or alignment shall be approved by the Engineer. Contractor is to be familiar with all existing conditions prior to submitting bid. 10-4.4 Installation of pool heaters. - The Contractor shall install the new pool heaters (provided by the City) in accordance with the Manufacturers instructions. REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO.(#) CONSTRUCTION DETAILS 11/15/12 SPECIAL PROVISIONS-SECTION 10- PAGE 1 10-4.5 Testing. Upon completion of this portion of the Work, test all parts of the electrical system in the presence of the Engineer. Demonstrate that all equipment fumished, installed, and/or connected under this Section of these Specifications functions electrically in the required manner. All systems shall test free from short circuits and grounds, shall be free from mechanical and electrical defects, and shall show an insulation resistance between phase conductors and ground of not less than that required by the National Electrical Code. Test all circuits for proper neutral connections. 10-4.6 Payment. Payment for the work required in this section shall be considered as included in the lump sum price bid, and no additional compensation will be allowed therefore. - END OF SECTION - REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO.(#) CONSTRUCTION DETAILS 11/15/12 SPECIAL PROVISIONS-SECTION 10-PAGE 2 CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING DEPARTMENT PART III - APPENDIX REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO. 12-09 Project Drawing Material specifications REPLACEMENT OF POOL HEATERS AND BYPASS EQUIPMENT AT SWIM CENTER CITY PROJECT NO.(#) CONTENTS 11/15/12 PART III Page 1 of 1 n ir OW oft on WN Op 11,I fi ,i 2 POiO �lgpaser,CaYana ::- s Msi?:� _ _ p#M Sp4! Swim Center Site Plan a equipment room N CityGIS .C�4FOO Copyright 02006 All Rights Reserved. The information contained herein is the proprietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map Products. http://maps.digitalmapcentral.com/production/citygis/v07_O3_001/index.p7.aspx 11/15/2012 JIIL-23-2012 12:01 OARC PAC 17607341611 P.007 cur r,+ N� 6fEY� Y ' AIM" tp �Q• N CMUC fog AlC1eL Q f>� �f'Ft. {G SERIES 31 *ATTENTION' EM-0014 11115 DOCUMENT IS VALID IF AND ONLY G Y�I PERSONALLT DONRRDAOEO IF FROM W1YWJIRAT.COM IF YOU RECEIVED THIS DOCUMENT FROM ANY DINER SOURCE. PLEASE TAKE INTO CONSIDERATION TNAT ALTERATIONS Date,June W3 COULD HAVE BEEN MADE. FOR AN ORIGINAL COPY. PLEASE CONTACT BRAT VALVE AT 281-894-5454 Fos VolvoA a C D E F eC'P No.of XeM G H J K L eC Ne. a Tn A��W"19M Size2 3.69 1.62 2.00 2.84 5.50 3.54 2.76 4 .39 .55 .39 1.25 1.32 2.30 4.75 4 .62-11 A 1 7.0 214 4.19 1.75 2.50 3.34 6.00 3.54 2.76 4 .39 .55 .39 1.25 1.91 J7.6914.2 4 .62-11 A 8.0 3 4.88 1.75 3.00 4.03 6.25 3.54 2.76 4 .39 .55 .39 1.25 2.55 0 4 .62-11 A 9.0 4 6.06 2.00 4.00 5.16 7.00 3.54 2.76 4 .39 .63 .43 1.25 3.57 0 8 .62-11 8 15.0 5 7.12 2.12 5.00 6.16 7.50 3.54 2.76 4 .39 .75 .51 1.25 4.63 0 8 .75-10 C 20.0 6 8.12 2.12 5.75 7.02 8.00 3.54 2.76 4 .39 .75 .51 1.25 5.45 0 8 .75-10 C 23.0 8 10.50 2.50 7.75 9.47 9.50 5.91 4.92 4 .57 .87 .63 1.25 7.45 8 .75-10 D 42.0 10 12.75 2.50 9.75 11.47 10.75 5.91 4.92 4 .57 1.18 .87 2.00 9.53 12 .88-9 E 66.0 12 14.88 3.00 11.75 13.47 12.25 5.91 4.92 4 .57 1.18 .87 2.00 11.47 12 .88-9 E 88.0 Not.: K dim is disc chordal dimension at voles face. 9 �{ H Across Flats G Stem Diu. B I J 7 I 6 5 FLANGE DRILLING AS SPECIFIED gEK C D + L*F . 2 1 L 9 RETAINING RING 1 8 THRUST WASHER 1 7 STEM RETAINER 2 6 BUSHING 1 5 PACKING 1 4 STEM 1 3 DISC 1 2 SEAT 1 i BODY 1 ITEM No. NAME REQUIRED SERIES/PART No. MATERIAL SPECIFICATION/REMARKS Tbe Valve Size Fig. Drilling =. BRAY VALVE & CONTROLS Pressure Rating C-P-T A eoEsldlu a BEAT Da'MUMONAL, Too. Customer/Project PARTS UST AND DIMENSIONS (Inches) Inq./P.O. No. BUTTERFLY VALVE, SERIES 31 SIZES 2"-12" Bray Order No. 9e6ee size Pert No. T M.t-4-1 Drawing No. r ■ ■ Certified Correct By Date rim ES11 A-0014 r1 REV. 1 /axe-12A DeK ND.$01 l iV u w f e1' Y * iZ. w amri F h FA 1 BUTTERFLY VALVES SERIES 30/31 Wafer/Lug RESILIENT SEATED 2 - 20 (50mm-500mm) 0 M2'-20' (SOmm—SOOmm) STEM BUSHING(D) Bray®Controls is proud Non-corrosive,heavy duty to offer a high quality line acetal bushing absorbs of butterfly valves to meet actuator side thrusts. Wthe requirements of today's market.Combining years of STEM SEAL(E) 1111 field application experience, M Double"IY'cup seal design research and development, is self-adjusting and gives Bray has designed many positive sealing in both Wunique features in the Series directions.Prevents external 30/31 not pre-viously available. substances from entering the The results are longer service stem bore. life,greater reliability,ease of parts replacement and NECK(F)Extended neck interchangeability of components. . . length allows for 2"of piping insulation and is easily acces- DISC AND STEM CONNECTION K,' slble for mounting actuators. (A)Features a high-strength through stem design.The close tolerance,double"D" PRIMARY AND connection that drives the valve disc is an l '' SECONDARY SEALS(G) exclusive feature of the Bray valve. The Primary Seal is achieved It eliminates stem retention components by an interference fit of the being exposed to the line media,such as molded seat flat with the disc disc screws and taper pins,which corn- v hub.The Secondary Seal monly result in leak paths,corrosion,and is created because the stem vibration failures.Disc screws or taper diameter is greater than the pins,due to wear and corrosion,often diameter of the seat stem hole.These seals prevent line media from coming in contact with the stem or body. STEM RETAINING ASSEMBLY(C BRAY UNIQUE SEAT DESIGN(H) The stem is retained in the body by means One of the valve's key elements is Bray's of a unique Stainless Steel"Spiroloe' unique tongue and groove seat design. retaining ring,a thrust washer and two This resilient seat features lower torque C-rings,manufactured from brass as than many valves on the market today standard,stainless steel upon request.The and provides complete isolation of retaining ring may be easily removed with flowing media from the body.The a standard hand tool.The stem retaining tongue-and-groove seat to body retention assembly prevents unintentional removal method is superior to traditional designs, of the stem during field service. making field replacement simple and Double"D"Connection fast.The seat is specifically designed to seal with slip-on or weld-neck flanges. require difficult machining for disassem- The seat features a molded 0-ring which bly.Disassembly of the Bray stem is ,<,,.: �/' eliminates the use of flange gaskets. just a mattes of pulling the stem out of An important maintenance feature is the disc.Without fasteners obstructing the line flow,the Series 30/31 Cv values - I Spimlox®" are higher than many other valves, Retaining Ring turbulence is reduced,and pressure recovery is increased.The stem ands and Thrust Washer top mounting flange are standardized for / Stem Retaining interchangeability With Bray actuators. C-Riaga DISC(B)Casting is spherically machined and hand polished to provide a bubble- tight shut off,minimum torque,and longer seat life.The disc O.D.clearance is Tmgue and Groove designed to work with all standard piping. Des'gn •"Spimlox°"designation is a registered trademark of Kaydon Ring and Seal.Inc. that all resilient seats for Bray butterfly DESIGN FEATURES POLYESTER COATING CORROSION valves Series 20,21,30,31 and 34 are Bray's Series 30 valve is a wafer version PROTECTION Bray's standard product completely interchangeable. Series 31 is locating holes,and the offers valve bodies with a polyester with coating,providing excellent corrosion and ACTUATOR MOUNTING FLANGE dead- 31 s the companion lug version for wear resistance to the valves surface. AND STEM CONNECTION (1) �°d service and other flange require- The Bray polyester coating is a hard, ments.All Bray valves are tested to 110% Universally designed to I„ of full pressure rating before shipment.SO 5211 for gloss red finish. direct mounting at Bray power actuators A major design advantage of Bray valve Chemical Resistance-resists a broad and manual operators. product lines is international compact range of chemicals mchidmg:dilute- aqueous acids and alkalies,petroleum bility.The same valve is compatible with FLANGE LOCATING HOLES(J) solvents,alcohols,greases and oils. Provide quick and proper alignment most world flange standards-ANSI Offers outstanding resistance to humidity during installation. Class 125/150,BS 10 Tables D and E, and water. BS 4504 NP 10/16,DIN ND 10/16,AS Weatherability-outdoor tested resistant 2129 and IIS10.In addition the valves are BODY(Iq One-piece wafer or lug style. designed[o comply with ISO 5752 face- to ultra-violet radiation. Polyester coating for excellent corrosion to-face and ISO 5211 actuator mounting Abrasion Resistance-excellent resistance.Bray valve bodies meet ANSI resistance to abrasion. 150 pressure ratings for hydrostatic shell flanges.Therefore,one valve design can press g Y be used in many different world markets. Impact chipping impact chi ct1011t pp test requirements. Due to a modular concept of design, ing or cracking. all Bray"handles,manual gear NYLON 11 COATING operators and pneumatic and Optionally available for valve bodies electric actuators mount where outstanding protection and directly to Bray valves. .+tom`•. performance is needed.A thermoplastic No brackets or adapters paced from a vegetable base,this 1, ,r are requited. coating is inert to fungus growth and 4 molds.Nylon 11 is USDA Approved, as well as certified to ANSI/NSF 61 for water service. Bray interchangeability Corrosion Resistance-superior resistance and compatibility offers you to a broad range of chemical environ- the best in uniformity of ments.Salt spray tested in excess of 2,000 product line and low-cost tours and seawater immersion tested for performance in the over 10 years without corrosion to metal industry today. substrates. Nylon I I features a very low coefficient of „ a r friction and excellent resistance to impact and ultra-violet radiation. DIMENSIONS SERIES 30 Wafer SERIES 31 Lug •. valve an A B C D E F M.MN FWe DN Lug Belling Data instutu gC m G H J K gc 2 50 3.69 1.62 ZOO 2.84 550 a& 2-76 4 .39 S5 .39 125 1.32 475 4 - - 21h 65 4.19 1.75 2.50 3.34 6.00 3.54 2.76 4 .39 .55 .39 1.26 1.91 5.50 4 5/8-17 . 3 80 4.88 1.75 3A0 403 625 14.4 2.76 4^ .39 .65 .39 1.95 2.55 6AD ,:4 518411 4 100 606 200 4.00 5.16 7.00 3.54 2.76 4 .39 .63 .43 1.25 3.57 7.50 8 5/8-11 _ 5 125 7,06 Z12 5.00.W6 7.50 3.54 Z76 4. M .75 S1 125 4,63 R50 8 314,199 6 150 8.12 212 5.75 7.02 8.00 3.54 2-76 4 -39 .75 .51 125 5.45 9.50 8 3/44 e BC 8 200 10.50 2.50 7.75::9.47 950 6,91 4.92 4-.: .57 A7 .63 125 ,7.45 11.76 8 G Valve 1 10 1250 J12.75 2.50 9.75 11.47 10.75 5.91 4.92 4 1 .57 1.16 .87 2-00 9.53 14.25 12 7/8-9 i12 30D 14.88 3.00'tl- S347 i2.2S,5A1 4,92 4.. .57 1.18•: .67 2.0011.4 17 ;12 '7M8�J. vas sin A B C D E F ""�r e° 9 KEY Lug BeltinJDala oa >® gC mSIZE BC „a„°„14 360 17.05 3.00 13 t6281352 5914.92 4 S7 128 290 39 3. W75 1216 40D 1921 4.00 15.2617.41 14.75 5.91 4.92 4 .57 1.38 2.00.39x3914 221.25 16Y8 450 21.12 425 f72519.A7 i6, 827 650 4 .61 1.97 2.50�tA716 .75„1620 560 3.25 500 19.25 21.59 1725 627 6.50 4 .81 1.97 2.50.39x47 18.73 25.00 20See chan for A mamr Mounting Flanp Drilling. FLANGE Cv VALUES-VALVE SIZING COEFFICIENT REQUIREMENTS Valve size Disc Position(degrees) Bray values are designed for ins rem 900 80° 70° 60° 50° 40° 30° 20° 10° Qinstallation between ANSI Class 125/150lb.wekl-neck or slip- 2 50 144 114 84 61 43 27 16 7 1 on flanges,BS 10 Tables D& 2'/s 65 282 223 163 107 67 43 24 11 1.5 E,BS 4504 NP 10116,DIN 3 80 461 364 267 154 96 61 35 15 2 ND 10/10,AS 2129 and JIS 4 100 841 701 496 274 171 109 62 27 3 10,either flat faced or raised faced.While weld-neck Ranges 5 125 1376 1146 775 426 266 170 96 43 5 O are recommended,Bray� 6 150 1850 1542 1025 567 354 225 129 56 6 specifically designed its valve 8 200 3316 2842 1862 1081 680 421 241 102 12 < seat to work with slip-on flanges, 10 250 5430 4525 2948 1710 1076 667 382 162 19 thus eliminating common 12 300 8077 6731 4393 2563 1594 1005 555 235 27 failures of other butterfly valve 14 350 10538 8874 5939 3384 2149 1320 756 299 34 designs.When being nursed face Ranges be slue to properly 16 400 13966 11761 7867 4483 2847 1749 1001 397 45 align Valve and flange.Type 18 450 17214 14496 10065 5736 3643 2237 1281 507 58 C stub-end flanges are not 20 500 22339 18412 12535.: 7144 4536 2786 1595 632 72. recommended. W Cv is defined as the volume of water in U.S G PM that will flow through a given restriction or valve opening with apressure drop of one(1)p.s.i.at room temperance.Recommended control angles are between 25°-70°open.Prdeaed angle for control valve siting is 600-00 open. i weld-NeerAN Wn EXPECTED SEATINGAJNSEATING TORQUES(Lb:Ins.) I III I I Reduced Valve Full-Rated Pressure Valves Disc Diameter Size A P PSI) A P PSI PRESSURE RATINGS* ins min 50 100 150 175 50 For bi-directional bubble-tight shin off, 2 50 126 130 135 140 125 disc in closed position: 21/z 65 195 205 215 220 195 Inches rem psig bar 3 80 260 275 290 . 297 260 2-12. 50-WO 775 12 4 100 400 425 450 462 267 14-20 350-500 150 10 5 125 615 670. 725 755: 410 6 150 783 871 953 1003 537 For Dead-end Service Applications: 8 200 1475 1650 1825 19t5 983 With downstream flanges installed or 10 250 2240 2520 2800 2940 1493 with vulcanized seats,the dead-end 12 300 3420 3670 4320: 4545 22ti0 pressure ratings are equal to valve bi- directional ratings as stated above.With 14 3501 4950 5700 6450 — 3300 no downstream flanges or with seats that 16 400 8400 7700:. 9000 — 4267 are not vulcanized,the dead-end pressure 18 450 7850 9850 11850 — 5267 rating for 2"-12"valves is 75 psi(5 bar)for 20 500 10300 12900 15500 — 6867 14%20"valves,50 psi(3.5 bar). Y Valve Torque Rating-Bray has classified valve torque ratings according m 3 types:non-corrosive Pressure Ratings are based standard disc lubricating service,general service.and severe service.Torques listed above are for general services. diameters.For low pressure application,Bray offers Consult Bray for torque information corresponding to specific applications. a standard reduced disc diameter to decrease seating torquessper rmano:to d seat ndre using inaeasing othe sf TO USE TORQUE CHART,NOTE THE Technical Bulletin No.1002 for evaluatiunof the value'somermatice and reducing aclua[ar Doers for FOLLOWING Dynamic Torque values vs. asc ng 1)For Bray valves,Series 20,21,30,31 and 34. Torque vahres. 2)Review Mcchnical Bulletin No.1001,Expected 4)Do not apply a safety factor to above torque VELOCITY LIMITS ScadoitfUnseaftTagnes,for atplaoumofthe values wl�determining actuator output torque For On/Off Services: 3 service classes and their related seating/unseat- requirement ing torque values for given pressure differeatials 5)For 3 way assemblies where one valve is Fluids-30 ft/sec(9m/S) of Full-Rated and Reduced Disc Diameter valves. opening and other is closing,multiply torque Gases-175 ft/sec(54m/s) 3)Dynamic 7brque values are notcoosidemd.See by 1.5 factor. RECOMMENDED SPECIFI- MATERIALS SELECTION TEMPERATURE RANGE OF SEATS CATIONS FOR BRAY 2'-20" (50mm-500mm) •rya Maxh®n= Minimum OSERIES 30/31 SHALL BE: BODY: EPDM +250°F(12m) -4o°F(-e0°c) •Polyester coated,cast iron' •Cast Iron ASTM A126 Class B wafer or lug bodies. Baoa-N +212°F(1000C) (°F(-18°C) •With flange locating holes °Cast Steel n ASTM A536 ASTM A216 WCB M` +400°F(2U4°C) 0°F(18°G) that meet ANSI Class 125/150 (or BS 10 Tables D&E,BS •Aluminum ASTM B26 9 4504 NP 10/16,DIN ND 10/16, SEAT- VAS 2129 and JIS 10)drillings. •Buna-N—Food Guide 8 •Through-stem direct drive •EPDM—Food Grade 7 M_ double"D"design requiring no •FKM' disc screws or pins to connect •White Buna-N—Food Grade stem to disc with no possible leak STEM: 5 Vpaths in disc/stem connection. •Coated Carbon Steel •Stem mechanically retained in •416 Stainless Steed ASTM A582 Type 416 5 Ubody neck and no part of stem •304 Stainless Steel ASTM A276 Type 304 or body exposed to lime media. •316 Stainless Steel ASI'M A276 Type 316 •Tongue-and-groove seat design •Monel with primary hub seal and a DISC: necked 0-ring n flange for weld- °Aluminum Bronze ASTM B148-954 neck and slip-on flanges.Seat .Coated Ductile Iron ASTM A536 Gr.65-45-12 totally encapsulates the body Nylon]1.Ductile Iron,NY with no flange gaskets required. Coated,ASTM A536 Gr.65-45-12 •Spherically machined,hand polished °Ductile Iron,Halar19 Coated,ASI'M A536 Gr.6545-12 4 disc edge and hub for minimum tongue •316 Stainless Steel ASTM A351 CF8M and maximum sealing capability. •Hastelloya C-276 ASTM B575 Alloy N10276 •Equipped with non-corrosive bushing COMPONENTS and self-adjusting stem seal. •Bi-directional and tested to 110%of No. Qty. Description full rating. 1 1 Body- •Bi-directional pressure ratings: 2 1 seat 2"-12"valves: 175 psi,14"-20"valves: 150 psi 3 l ., Lug bodies for dead end service 4 i stem Disc With downstream flanges or vulcanized seats,pressure ratings are equal to bi- 5 1 stentseal directional ratings as stated above. 6 1 Sty Bushing With no downstream flanges or non- 7 2 shmpteutim 1 vulcanized seats:2"-12"valves:75 psi, 8 t Thnrst washer 14"-20"valves:50 psi •No field adjustment necessary to 9 1 Rewta -41i". maintain optimum field performance. •The valve shall be Bray Series 30 wafer/ 31 hig or equal. 2 WEIGHTS vane size sales series in, ® 30 31 / 2 50 5.5 '. . 7.0 2'h 65 7.0 8.0 3 3 80 78 9.0 \ /. 4 1001 11.5 15.0 \ 5 126 14.0 . 20.0 ' \� 6 160 17.0 23.0 8 200 ° 34,4D 42.0. 10 250 49.0 66.0 12 300 67.0 88.0 14 350 95.0 114.0 16 400 136.0 186.0,: 18 450 200.0 226.0 *FKM is the ASTM D1418 designation for Fluorinated Hydrocarbon Elastomera 20 500 M.0 3M.0 (also called Fluoroelastomers). Hastelbyts a registered trademark of Haynes International,Inc. Weights are in lhs. Halar'is a registered tradoeadr of Ausimoot USA,Inc. INSTALLATION Position the disc in the partially open position,maintaining the disc within the body face-to-face.Place the body between the flanges and install r Wflange bolts.Do not use flange gaskets.Before t'itip flange bolts,carefully open the disc to the full open position to , i„ , ensure proper alignment and clearance of the disc O.D.with the adjacent pipe LD.Leave ?` disc in the full open position and tighten flange bolts per ed required specification.Once bolts are tightened,carefully rotate disc to closed position to ensure disc O.D. clearance. Disc in the Partially Open Position Disc in the Full Open Position MAINTENANCE AND REPAIR DISASSEMBLY bottom of valve body.(Take special The many Bray features nu maize Remove the handle,gear operator,or care when lining disc up with stem.) wear and maintenance requirements. actuator from actuator mounting flange. With a downward pressure and rotating No routine lubrication is required.All Remove"Spiroloe'retaining ring. the stem back and forth,push the stem components—stem,disc'seat,bushm& Remove stem with its thrust washer until the stem touches the bottom of the stem seal,etc.,are field replaceable,no and two C-ring stem retainers.Remove body stem hole.Make certain that when adjustment is needed If components bushing and seal.Remove the disc pushing the stem through disc bottom, require replace-ment,remove the valve from the seat,protecting disc edge at all the broached flats of stem and disc are from the lice by placing the disc near times Push the seat into an oval shape, aligned.After the stem has engaged the the closed position,spread the flanges, then remove the seat from the body. disc,but before the stem is firmly seated support the valve,then remove the flange in the body,replace the stem seal and bolts.No valve maintenance,including ASSEMBLY bushing.Install the two C-ring stem removal of manual or power actuators, Push the valve seat into an oval and retainers in the groove in the stem and should be performed until the piping push it into the body with seat stem thrust washer on top of the C-rings.Seat system is completely depressurized- holes aligned to body stem holes.Push the stem firmly in the body and install stem into the stem hole of body.For the"Spirolox®"retaining ring back into aid in inserting disc,slightly protrude position. stem beyond the I.D.of the top of the seat.Install a light coating of foodgrade F silicone oil(for silicone flee applications use soap and water)on the I.D.of seat. StEp°ug4ry Insert the disc into the seat by lining W �N up the disc hole with the stem hole of „ c the seat.Note:the broached double ° > "D"flats in the disc must be toward the DISTRIBUTOR Disc in the Neat Closed Position All statements,technical information,and nxom- mendatiaas in this bulletin are for general use onithe specifier Bmyn�nesend mat mfactary for on �/-�{ T �`^t the specific requirements and material t to chon CONTROLS for your intended application The right m change j or modify product design or product withau prior ® A Division of BRAY OnERNATIONA41nc. notice is reserved 13333 Westland FzABlvd. Houslm,Texas T7041 United States patent another 5,152,501. 281.8945454 FAX 281.894.9499 www.bmy.com Other patents issued and applied for worldwide. Bony'is a registered trademark of BRAY I14TERNATIONA41nc. 0 2008 Bray International.All rights reserved. B1002 EN 1/08