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HomeMy WebLinkAbout05897 - DOUG WALL CONSTRUCTION INC JACKIE LEE HOUSTON PLAZA AT THE CONV CTR CP 08-18 DOC # 2410-0105347 03/09/2010 08:00A Fee:NC Page 1 of 1 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk d Recorder Recording IIIIII IIIIIII III IIIIIII IIIII IIIII IIIII III IIIII IIII IIII Requested by and After Retarding S R U PAGE SIZE OA MISC LONG RFp COPY Return to. E0 City Clerk M A L 455 426 PGOR NCOR SMF CWG �txam City of Palm Springs r �, �. r: Cry uw Box 2743 _.__.. _ _ Pall�R[itici.CA 92263 (EOR L�ECOR�RS (!SE_OLVLY Pursuant to Government Code Section 6103,this document is being recorded as a benefit to the City of Palm Springs and recording fees shall not apply. NOTICE OF COMPLETION NOTICE IS HEREBY given that: I. The City of Palm Springs, California, is a municipal corporation, organized and incorporated pursuant to the laws of the State of California. II. The City Clerk of the City of Palm Springs is authorized and directed to execute, on behalf of said City, any and all Notices of Completion. III. The address of the City of Palm Springs is City Hall, 3200 E. Tahqurtz Canyon Way, Palm Springs, California (P.O. Box 2743, Palm Springs, CA 92263-2743). IV, The public work of improvement on the hereinafter referred to real property within the city was COMPLETED on the Zd day of March, 2010. V. The name of the contractor (if named) for such work of improvement was: Doug Wall Construction, Inc, 78460 Ave 41, Bermuda Dunes,California 92203. VI. The public work of improvement, which was completed in the City of Palm Springs, County of Riverside, State of California, is described as follows: Jackie Lee Houston Plaza at the Palm Springs Convention Center. Vil, Nature of Interest. Lessee. VIII.The property address or location of said property is: 221 N. Calle Alvarado, Palm Springs, California 92262. IX. City Project No 08-18,Agreement Number: 5897. CITY OF PALM SPRINGS: BY: DATED: � to Allen F. Smoot, w er's Flepresentartive JAMES THOMPSON, being duly sworn, says: That he is the City Clerk of the aforesaid City of Palm Springs, California, the corporation that executed the foregoing notice;that he makes this verification on behalf of said corporation, that he has read the foregoing Notice of Completion, and knows the contents thereof, and that the facts stated therein are true; th t as said City Clerk, he makes this verification on behalf of said municipal corporation. �� �� p.3�b31�d! J City lerk-James Thompson Dated Index No. TBA 1 CHANGE ORDER NO. 4 PROJECT TITLE: JACKIE LEE HOUSTON PLAZA @ THE PALM SPRINGS CONVENTION CENTER CITY PROJECT NO. 08-18 PURCHASE ORDER NO. 10-0337 R143-AMCRDERDATE 10/06/2009 CONTRACTOR: Doug Wall Construction, Inc. The following changes are hereby made to the Contract Documents: 1. PCO#24-Weekend overtime (Premium Pay only)to catch-up sch. from rain days $5,091.62 2. PCO#25-Supply Temp power for Film Festival Gala evening 1,129.70 3. PCO#26- Paint curb red and white on Calle Alvarado 639.46 4, PCO#27-Grade and contour at Oleanders 3,069.38 5. PCO#28-Extend Monthly Maintenance 9 months per WD#23 9,378.60 6. PCO#20-Add Mow strips at both ends of project to separate from HOA grass 5,009.03 7. PCO#19-Add concrete art work bases with lighting 12,587.57 8. PCO#31-Final Concrete unit adjustments 4,045.02 8. PCO#9—Poured-in-place stops 5,302.11 9. PCO#30- Extend water line and add two hose bibs @ east slab 1,982.30 TOTAL ADD $48,234,78 Justification: Miscellaneous changes to close out the project 9 months of extra landscape maintenance request from Parks. CHANGE TO CONTRACT PRICE Original Contract Price: $521,721.99 Current contract price, as adjusted by previous Change Orders: $630,625.16 The Contract Price due to this Change Order will be changed by (add) of S48,234.78 Contract Price due to this Change Order will be: $678,859.94 CHANGE TO CONTRACT TIME This Change Order does not effect the current contract timeline. Page 2 Of 2 Change Order#4—CP#08-18 Approvals Required: To be effective, this order must be approved by the Owner if it changes the scope of the objective of the project, or as may otherwise be required under the terms of the Supplementary General Conditions of the Contract. Requested & Recommended By date 2 D Allen F. Smoot, Ov er's Representative Ordered by Wri �ger r tiri Accepted by , ���- _ date DdGg Wall gMstruction, Inc. ATTEST: " -- Contractor acknowledges and agrees, on behalf of Contractor, all Subcontractors and all Suppliers, that, except as provided above, the stipulated compensation provided for in this Change Order includes payment for all work contained in this Change Order, plus all payments for interruption of schedules, incremental extended overhead costs, acceleration costs, delay and all impact, ripple effect or cumulative impact on all other work under this Contract. In addition, Contractor agrees that this Change Order comprises the total compensation due Contractor, and all Subcontractors and all Suppliers, for the work or change defined in this Change Order, including all impact on any unchanged work, except for the additional time related issues noted above, if required. t CHANGE ORDER 1\10. 3 PROJECT TITLE: JACKIE LEE HOUSTON PLAZA @ THE PALM SPRINGS CONVENTION CENTER CITY PROJECT NO, 08-18 PURCHASE ORDER NO, 10-0337 PLFCHASEORIER13ATE 10/05/2009 CONTRACTOR: Doug Wall Construction, Inc. The following changes are hereby made to the Contract Documents: Construct a 14,000 sq ft 6"thick, 3500#concrete slab, including all necessary grading and site watering as per WD No. 21. Justification: City Council authorized this to enhance the Convention Center's ability to conduct special events on its east property. CHANGE TO CONTRACT PRICE Original Contract Price: $521,721,99 Current contract price, as adjusted by previous Change Orders $558,360.73 The Contract Price due to this Change Order will be changed by (add) of$72,264.43 Contract Price due to this Change Order will be: $630,525.16 CHANGE TO CONTRACT TIME This Change Order does not effect the current contract timeline, this work must be completed by Feb 15, 2010. Page 2 Of 2 Change Order#3--CP#08.18 Approvals Required: To be effective, this order must be approved by the Owner if it changes the scope of the objective of the project, or as may otherwise be required under the terms of the Supplementary General Conditions of the Contract. r Requested &Recommended By CiU_LAdate Allen F. Smo wner'9 Representative Ordered by date A City Manager Accepted by date g Wall C4 ction, Inc- ATTEST: APPROVED BY CITY COUNCIL y Clem Contractor acknowledges and agrees, on behalf of Contractor, all Subcontractors and all Suppliers, that, except as provided above, the stipulated compensation provided for in this Change Order includes payment for all work contained in this Change Order, plus all payments for interruption of schedules, incremental extended overhead costs, acceleration costs, delay and all impact, ripple effect or cumulative impact on all other work under this Contract. In addition, Contractor agrees that this Change Order comprises the total compensation due Contractor, and all Subcontractors and all Suppliers, for the work or change defined in this Change Order, including all impact on any unchanged work, except for the additional time related issues noted above, if required. CHANGE ORDER NO. 2 GROJECV TpTLC: JACKIE LEE HOUSTON P_AZA @ THE PALM SPRING$ CONVENTION CENITER CITY PROJECT MO. 08-18 PURCHASE ORDER NO, 10-0337 i'1. SEC,=DATR 1 0/0612 0 0 9 C WRACCfOR: Doug Wall Construction, Inc. The following changes are hereby rnadee to the CoM=t Dccu meunts: Crack till and slurry seal Calle Alvarado (Includes your CO 3's 11, 11r, 15, 16, 17, 18 &21) Jaustificatoog: City Council authorized this to enhance the aesthetics of the new plaza. CHANGE TO CONTRACT PRICE Original Contract Price- $521,721 99 Current contract price, as adjusted by previous Change Orders: $541,958.12 The Contract Price due to this Change Order will be changed by (add) of$16,402.61 Contract Price due to this Change Order will be: $658,360,73 CHANGE TO CONTRACT TIME The Contract Time will be will not change from this change order. Page 2 Of 2 Change Ordar'2—CP-'08-18 Approvals Required: To be effective, this order must be approved by the Owner It it changes the scope of the objective of the project, or as may otherwise be required under the terms of the Supplementary General Conditions of the Contract. Requested&Recommended By 0-99CORAdate Allen r. Smoot, Owner's Representative Ordere date City M Accepted by cam ^ date tug Wall Cr s ction, Inc. ATTEST: APPROVED BY CITY COUNCIL Contractor acknowledges and agrees, on behalf of Contractor, all Subcontractors and all Suppliers, that, except as provided above, the stipulated compensation provided for in this Change Order includes payment for all work contained in this Change Order, plus all payments for interruption of schedules, incremental extended overhead costs, acceleration costs, delay and all impact, ripple effect or cumulative impact on all other work under this Contract. In addition, Contractor agrees that this Change Order comprises the total compensation due Contractor, and all Subcontractors and all Suppliers, for the work or change defined in this Change Order inchlding all impact on any unchanged work, except for the acditional time related issues noted above, if required. CHANGE ORDER NO. 1 PROJECT TITLE: JACKIE LEE HOUSTON PLAZA @ THE PALM SPRINGS CONVENTION CENTER UTY PROJECT NO. 08-18 PURCHASE ORDER NO, 10-0337 FJRCHASECROIRDATP— 10/06/2009 CONTRACTO1r Doug Wall Construction, Inc. The following changes are hereby made to the Contract Documents: 1. WD#1 —Delete Flashing Ped Signal, Pay Item 35 ($7,000.00) 2. WD#2- Add two additional areas of colored concrete in the street, $21,995.55 Approx 1,760 sq ft. 3. WD#3—Add three Hose bibs and domestic water line 3,065.59 4. WD#4—Demo additional block wall and oleanders 1,285,83 5. WD#5—Add telephone conduit at HOA gate 182.24 6. WD#6—Color change HDCP ramp(Short load cost only) 586.16 7, WD#7—Demo Jacaranda Tree at HOA drive not shown on survey 223.81, 8. WD#8—Demo Pilasters @ HOA gate(In way of fence line) 714.05 9. WD#10-Delete two bollards south end 81188) Total Add $20,236.15 Justification: Direction was given by design sub-committee to remove signal and add decorative paving to street. Other changes related to field conditions and work in progress. CHANGE TO CONTRACT PRICE Original Contract Price: $521,721.99 Current contract price, as adjusted by previous Change Orders: $521,721.99 The Contract Price due to this Change Order will be changed by (add)of$20,236.15 Contract Price due to this Change Order will be: $541,958.14 CHANGE TO CONTRACT TIME The Contract Time will be will not change from this change order. M Page 2 Of 2 Change Crderfl —C15#08-18 Approvals Required: To be effective, this order must be approved by the Owner if it changes the scope of the objective of the project, or as may otherwise be required under the terms of the Supplementary General Conditions of the Contract. Q"�Rft Requested & Recommended 6y date Allen F. Smoot, Owner's Representative Ordered by _ `� date City Manager / Accepted by _ „ date �C —/�- �y Do'g Wall G ruction, Inc. ATTEST: Clerk Contractor acknowledges and agrees, on behalf of Contractor, all Subcontractors and all Suppliers, that, except as provided above, the stipulated compensation provided for in this Change Order includes payment for all work contained in this Change Order, plus all payments for interruption of schedules, incremental extended overhead costs, acceleration costs, delay and all impact, ripple effect or cumulative impact on all other work under this Contract. In addition, Contractor agrees that this Change Order comprises the total compensation due Contractor, and all Subcontractors and all Suppliers, for the work or change defined in this Change Order, including all impact on any unchanged work, except for the additional time related issues noted above, if required. BY Clay COUNCIL APPROVED BY CITY IUTANAGER PPROI/ED AGREEMENT THIS AGREEMENT made this �` day of S/�/l�I�' ,� in the year 200-2, 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 DOUG WALL—CONSTRUCTION INC. hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 --THE WORK The Contractor shall complete the Work as specified or indicated under the Bid Schedules) of the CiTy's Contract Documents entitled: JACKIE LEE HOUSTON PLAZA AT_THE PALM SP6JNGS CONVENTIQN RENTER CITY PROJECT NO.08.18 The Work is generally described as follows: Provide the materials, supplies, services, equipment and manpower to complete the demolition,grading,fencing, landscaping, and irrigation, lighting, street improvements, concrete flat work and signage necessary to complete the Jackie Lee Houston Plaza at the Palm Springs Convention Center, City Project No. 08-1 S. ARTICLE 2--COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, Instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum of $ 1,000 for each calendar day that expires after the time specified in Article 2, herein. ARTICLE 3—CONTRACT PRICE ($521,721.99) 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 Old 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 Schedulels), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's ComponsaTion Certificate, Performance Bond, Payment Band, Standard Specifications, Special Provisions, the Drawings, Addenda numbers 1 to 2 , 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. Jackie Lee Houston Plaza at the Palm Springs Convention Center City Project No.08.1 8 AGREEMENT FORM August 13,2009 AGREEMENT AND BONDS 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 irk person to the individual Or to a member Of the firm or to an Officer of the corporation for whom it is intended,or if delivered at or sent by registered or certified mail, postage prepaid,to the last business address known to the giver of the Notice. ARTICLE 7--MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except SO 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. - �ATTE�ST/ CITY OF PALM SPRINGS, CALIFORNIA By �..._- City Clerk APPnolb S TO FORM: By Or /� y �C6 A 'or ey APPROVED BY THE CITY COUNCIL: Date No Date Pate CONTENTS APPROVED: Agreement No. A5 PSI By e"-Ettgineer/Owner's Representative Dam �nJC �1 Cf City Manager L i Date !D^ Y (J 7 Jackie Lee Houston Plaza at the Palm Springs Convention Center City Project No.08-18 AGREEMENT rORM August 13,2009 AGREEMENT AND BONDS CONTRACTOR: Check one:—Individual _Partnership 7/ Corporation Corporations require two notarized signatures: One from each or the following. A. Chairman of Board, President, or any Vice President AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. By B SIGNATURR�E�NOTIZED SI AT UF�P NOTARIZED Name: &42� "Z/41 Name: �uLl''- ZZOG,Title: Title: l/ Title= �/,���e�7.s Address: 6 ���� Y/ Address• %S�r/� �i1o7/, 1i� 5 C�ir 03 ill // ' UN�S�' State of State of County of County of On_before me On before me personally appeared personally appeared personally known to me (or proved to me on personally known to me (or proved to me on the basis of satisfactory evidence) to be the the basis of satisfactory evidence) to be the porson(s) whose names) is/are subscribed person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to the within instrument and acknowledged to me that he/shelthey executed the same in to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and his/her/their authorized capacay(ies) and that by his/her/their signature(s) on the that by his/her/their signaturels) on the instrument the perscnls), or the entity upon instrument the person(s). or the entity upon behalf of which the persons) acted, behalf of which the persons) acted executed the instrument. executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature Notary Signature Notary Seal: Notar Seal: Jackie Lee Houston Plaza at the Palm Springs Convention Center AGREEMENT FORM City Project No,08.18 AGREEMENT AND BONDS August 13,2009 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 /al//r �f/I��L%/1/ �/G%/f✓ G By Title dm,�X, Lawz,lwE fl°Axr Jackie Lee Houston Plaza at the Palm Springs Convention Center City Project No.08-13 August 13,2009 WORKER'S COMPENSATION CERTIFICATE AGREEMENT AND BONDS CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT S�yyrcrx-:cxrK.rc-r-urct�cccr.,�carc;ccr..ecxhwrK;e-crc.�`..caurcr.,crercrsrxr-ircr..c<'.cacrcc.,cc,�r.,cr..e-.rzca':rcx..vr��..ecacaccco'v;�� t s5 State of California K Ifi County of � } fi Onstore me, f'ACF�i/l/F�S fan' Fleru In-A Namo and I to of the Otllcer ' h Ir personally appeared O//rF LUlfGL IIFF. Name(e)of slgner(s) Z� ,I fifi 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 fi his./her/their authorized capacity(ies), and that by w his/her/their gignature(s) on the Instrument the or the entity fi }1 ..• KAREN su0 isHAM person(s), y upon behalf of which the commissionz935 Notary Public -California person(s) acted, executed the instrument. C Riverside County fifi MvCorrm.Fj0esCec29,2a70 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.I� � WITNESS my hand and offici I seal. ti Plam Signature:Notary Snal and/or Scamp Above Signature of Notary Public fi OPTIONAL Though the information below is not required by law, it may prove valuable to persons ralying on the document and could prevent fraudulent removal and reattachment of this Form to another document. Description of Attached Document Title or Type of Document: ���/� �A�1U/ I �fyl7l/1%Olf IIh2ll'J• fiDocument Date:!�� ���/ Number of Pages: fi Signer($) Other Than Named Above: fi Capaoity(ies) Claimed by Signer(s) I Signer's Name: Signer's Name: fi ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Individual ❑ Individual _ ❑ Partner—❑Limited ❑General Top of thumb here fl Partner—❑Limited ❑ General Top of thumb here fi ❑ Attorney In Fact ❑Attorney in Fact ❑ Trustee ❑Trustee �1 fi ❑ Guardian or Conservator ❑Guardian or Conservator I� ❑ Other: ❑Other: Ifi Signer Is Representing: Signer Is Representing: I. fi fi I hx:<:e:cY=<^u••ex•u,�'•e=ce:��:�.%�,-e%e,e%ex%e.'eau:e=cx=e�ux=x••c�,K=cx:c.::c�,s=c'e:cset^e:<x=c`es^e_x-'�c'�=v±.c, �c.�,sscxs�s>ususus=c,K=c,=a� �9.006 National Notary Amoclatlon•9350 Cn Solo Avo,PO Box 2402•Chatsworth CA 91313-2102•w NotlonalNolery org Item 95907 Roordar Call Toll-Free 1-500-5]6-1302] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT mcc•.ciG,ctct>aC•,cr..cc..c�`•,ctwnt?C.ur..�rtrisr.�T:cxrxr.23cxrc_rrrcr.T(-.ir.,r:ccr.,ecc:r.c:c'.c`.<",crcecccca()ce+.cC-�C••eC.cG•cr•.�(..�-G.�••rt;eii.'>, State of California l �i fi County of I On 6 before me, /tf��f��UG.��h`/3jY/„/(�%ff/Lc�/C/,�GiG 66ntc• y Hzre Inznrl Nsrr,e anti Title al the Onlcer ' I fi personally appeared on Namels)of Sinnor(s) I fi nl I� fi who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged ?� fi to me that he/she/they executed the same in fifi his/her/their authorized capacity(ies), and that by his/her/their si natures on the instrument the �,s� �• KAREN SIZE ISHAM g ( ) fi Commission s n12s36 person(s), or the entity upon behalf of which the ;Ic Notary Public -California person(s) acted, executed the instrument. Riverside County - COnxn' °5 29120111 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing ` paragraph is true and correct- WITNESSmy hand and official seal �l Signature: �� Place Notary Sc'�10nd/or stamp Abovt I sigilsluee or Nolary Public fi OPTIONAL Though the information below is not required b law, It may IF p y y prove valuable to persons relying m nt document � and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document _ fiTitle or Type of Document: �t�ldlG/J/ Ifi Document Date: Number of Pages:•_ �x,11 fi Signer(s) Other Than Named Above; K I� Capacity(ies) Claimed by Signer(s) �I Ifi Signer's Name: Signer's Name: n Corporate Off icer—Title(s): ❑Corporate Officer—Title(s): �I fi ❑ Individuals •• ❑ Individual CJ Partner—❑Limited [I General top of chump here ❑ Partner—❑ Limited ❑General ❑ AttorneyIn Fact Yop of fi ❑Attorney in Fact n fi ❑ Trustee ❑Trustee fi ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: 91 fiI� Signer Is Representing: Signer Is Representing: �l r 02008 NW,mal N911,A,;, on-`9350 085010Ae 0 BOX 202•C tw•�CA 9131�02•www•N niiINolary erg—�� 11 m p 800- B2 BID SI D TO; CITY OF PALM SPRINGS, CALIFORNIA Tie undersigned Bidder proposes and agrees,if this Bid Is accepted,to ante-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 Crouments entitled: JACKIE LLB HOUSTON PLAZA AT THE PALM SPRINGS CONVENTION CENTER CITY PROJECT NO.OB-18 Bolder 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. ribs 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. Btlder has examined copies of all the Contract Documents,including the fallowing Addenda(receipt of which is hereby acknowledged)' Number Date !?• Zb-Q Number Date�R-Q� Number Date Number Date Edder 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. on conformance with the current statutory requirements of California Labor Code Section 1880, et seq., the undersigned confines the I following as Its certification: I am aware of the provisions of Section 3700 of the Labor Cade,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 Fortes,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 Prices)named in the aforementioned Bidding Schedule(s). Dated: 9-14-09 Bidder: Doug Wall COnstructinnr Tnc_ By: � - (Signature) Doug Wall Title: President Jache Lee Houston Plaza at the Palm Springs Convention Center City Project No.08-18 BIP(PROPOSAL) August 13,2009 BID FORMS 9/9/2009 5 i0 :99 TIM RAGE r1/00'r', I',a1C SASE YA01 SC411,-,TJULS`, Schedule of Pnccs fur";Cns; nFuc lion of .1ACK17 LEE HOUSTON RAZZ-) Ai 7HE PkUP, ;If`G':V,n9O;;t 4G]rVV'rr:EVa' d,G;g i4 F^Yi^ V rlRr9lall!NO.08,-199 In palrn C,pruigc,C@11Rfrrn.a (tern h7eacripilon Quantib" Unit '�ru'l�=,rice -V-o1=�l npl J1,Q' Sic Prop & Clearing — L- .. .-T �40 oo r co � 2 Gr-_ne-ral Site Grading i L° ti:l)r$Qn 3 h obiHzailon 1 Lea Z3 -UP-b D Ls Xfw 4. Asphalt Concrete (Vehicular) 1,450 SE- �5.51 � 5 Curb and Gutter 500 3 Curb (Ramp 2 EN 7 Standard Driveway Approach 11 EA7 btu S � 8 CIP Concrete Band (6") 1,200 LF aJ3 9 Stabilized DG Path 3,300 SF obi_1ci 10, GIP Concrete Paving 16,500 SF Y �•o I ��Gq����� 44 IA t,oNs 7 A 12. UP Concrete SeatWall 425 LF 1%, 4E,9Rg•7 13. DG (Planting Mulch) 115 C`! 14. Decorative Stone Mulch 6,400 SF �Jld( �1n o �R8'l•aro ��Cf.'] p o 15 Boulders (Impart) 1 LS a���Q�_ 's S D�C0 16, Boulders (On Site) 1 IS o- 1 JJaO je 17. Imported Fill LS $o� ��� ap 18 Landscape Irrigation 1 LS A 19 Shrubs (5 Gallon) 187 EA moo.Lo 20. Shrubs (1 Gallon) 339 EA im —S a ' 3e3�' l t 2'1. Phoenix dactylifera 20' 8 EA �,-q (p�aca ©o ooa 22. Washington flllfera 10'-12' 2 EA 23, Washington filifera (salvaged) 1 LS OC 9p9 24. Trees 'I LS SU �SboP n 25, Ground Cover 11 I-S Q 3 n D �oo �^ 26- Turf 'I LS ° QV, G � 27. Ocoi:illc 13 EA EG iQQ��lo �3e9.-3 g 28 Barrel Cactus '107 EAlppo 29 Bike Back 'I LS BID SCHEDULE BID FORMS i900°i 9/9/2009 5 1.0 .49 PM PAC-r 5/008 Fax oervel If 3 r; mLn u'nc.ntal Neral France 575 LP SJS, cr5� anbl9.5A ,1 BoercleY Monument Sign 2 EA (Q�{OS (t,sino existing on site boulders) 00 co Initarpretal.ive Sign 2 EA to- AQLO a . Removable, Bollard (install only) 1 LS Lq�&CO 3rl Flectrical and Lighting 1 LS _ga�cQ S C c 00 ae 35 Red Activated Flashing Beacon 1 LS � o o i;( . Plan Check Allowance 1 LS $5,000 $5 000 tf0T,AL BlD PRICE ��A v a �cZtr7Z1 11 (Price in figures) jC`� �5 (Price in words) POTEN T 9AL DEDUCTIVE ITEMS: Item Description Quantity Unit Unit Price Total Eiectrical Deduct. Two "D" Fixtures (100 amp receptacles and associated conduit/wire, and circuit breakers). The fixtures that are to be deleted are identified on Electrical �� �S'���ao Q� �n Drawing E2 as "E2" and "E4". A' � �0 co 2 Electrical Deduct: Reduce main service switchboard capacity from 600 amps to 400 amps. y � ,y�- ,�06 `-,5CC c BIDDER �pjg Wall nr _nature DO Wall TITLE President 9-1 4-09 Quantities cf Work. The quantities of work or melerial stated in the unit price items of the Bid Schedule are supplied only to give an indication of the general scope of the work. The City does not expressly nor by Implication agree that the actual amounts of work or material will correspond herewith, and reserves the right after award to increase or decrease the quaniny of any bid item, by an amount up to 25 perenr of increase or decrease,witrtout a change in the unit prices,and shall have the right to delete any bid item in its entirety, and receive full credit in the amount shown in the Bid Schedule for the deleted item of work. Doug Wa11 Construction, Inc . Name of Bidder or Firm sID SCHEDULE BID FORMS INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS AS Tequired under Section 4100, et seq., of the Public Contract Code, the Bidder shall list below the name and busEness address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Ocntractor's Total Bid Price, or$10,000.00, whichever is greater, and shall also list the portion of the Work which will bedone by such subcontractor. After the opening of Bids, no changes or substitutions will be allowed except as otheNise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words"andlot" will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. Contractor's Percent License of Total ftrk to be Performed( ` Number Contract Subcontractor's Name&Address 1. a �rkfaGt cj 2. 3. 4. 5. 6. 7. a. JacKie Lee Houston Plaza at the Palm Springs Convention Center City Project No.08-18 LIST OF SUBCONTRACTORS August 1$,2009 BID FORMS DOUG WALL CONSTRUCTION, INC. DESIGNATION OF SUBCONTRACTORS JACKIE LEE HOUSTON PLAZA AT PALM SPRINGS CONVENTION CENTER PROJECT# 08-18 LICENSE % OF SUBCONTRACTOR NAME WORK TO BE PERFORMED NUMBER CONTRACT &ADDRESS SURVEY LS7762 -1% WRIGHT LAND DEVELOPMENT INC 73960 HWY 111 SUITE 4 PALM DESERT, CA 92260 SITE DEMO, EARTHWORK 776249 4% GOLDEN VALLEY CONSTRUCTION 44907 GOLF CENTER PKWY SUITE 3 INDIO. CA 92211 SITE CONCRETE 772649 28% JEFF MCGOWAN CONCRETE 78553 BLACKSTONE CT BERMUDA DUNES, CA 92203 METAL GATES & FENCE 787570 3% LEGEND FENCE CORPORATION 3559 VISTA AVE LEMON GROVE, CA 91945 ELECTRICAL 482623 18% BRUDVIK INC 600 EUGENE RD PALM SPRINGS, CA 92264 SIGNAGE 683803 3% JON HOFFMAN ASSOCIATES, INC dba A2Z SIGN COMPANY 1777 W ARROW RTE#303 UPLAND, CA 91786 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID Sate of California ) ss. Countyof Riverside ) 1, Doua Wall being first duly sworn, deposes and says that he or she is President of Doua Wall Construotipn.Y" fie 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 depositary, or to any member or agent thereof, to effectuate a collusive or sham Bid. Bidder Doug Wall. Cons tructio -Inc By D Wa11 Title President Organization Corporation _ Address, 78450 Ave 41 Bermuda Dunes,_ CA_9,2203 Jackie Lee Houston Plaza at the Palm Springs Convention Center City Project No.08-18 NON-COLLUSION AFFIDAVIT August 13,2009 BID FORMS BIDDER'S GENERAL INFORMATION Ti h�r Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be nom-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: Doug Wall Construction,, Inc. 78_4.50 Ave 41 Bermuda Dunes, CA 92203 2. CONTRACTOR'S Telephone Number: (760 ) 772-8446 Facsimile Number. (760 ) 772-()407 3. CONTRACTOR'S License: Primary Classification A, B. Q , C27 State License Number(s) 743112 Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety Bprkl&y Regional Insurance Company Address 412 Mt. Kemble Ave Suite 31 ON Morristown, NJ 07960 Surety Company Pinnaclp SnrPi`v X TngiirpnrP gmrN7jCeq Telephone Numbers: Agent( 714 ) 6546-3100 Surety(866) 08- 5 Type of Firm (Individual, Partnership or Corporation): Cnrprg t 1 nn 6 Corporation organized under the laws of the State of: California 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: Doug Wall, President Yvonne Wall, Sec/Treas 78450 Ave 41 78450 Ave 41 Bermuda Dunes, CA 92203 Bermuda Dunes, CA 92203 BIDDER'S GENERAL INFORMATION (Continued) Jackie Lee Houston Plaza at the Palm Springs Convention Center City Project No.08-18 BIDDER'S GENERAL INFORMATION August 13,2009 BID FORMS R Number of years experience as a contractor in this specific type of construction work: 16 Years 9. Llst at leasi three related projects completed to date: a. Owner _ �C !ma 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. Bill Butler 11. Is full-time supervisor an employee x 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 Jackie Lee Houston Plaza at the Palm Springs Convention Center City Project No.08.18 BIDDER'S GENERAL INFORMATION August"1$.2009 BID FORMS DOUG WALL CONSTRUCTION, INC. CONSTRUCTION PROJECTS COMPLETED BY OUR ORGANIZATION PROJECT NAME: RIPLEY FIRE STATION OWNER RIVERSIDE COUNTY EDA 44-199 MONROE ST SUITE B INDIO, CA 92201 CONSTRUCTION COST$2,650,000,00 OWNERS REPRESENTATIVE: MICHELLE CORREDATO OWNER'S TELEPHONE: 760-863-2552 DATE OF SUBSTANTIAL COMPLETION. 2008 CLASS OF WORK: NEW BUILDING PROJECT. RANCHO MIRAGE CORPORATE YARD OWNER: CITY OF RANCHO MIRAGE 69825 HWY 111 RANCHO MIRAGE, CA 92270 CONSTRUCTION COST$2,500,000.00 OWNER'S REPRESENTATIVE: RANDY VIEGAS OWNER'S TELEPHONE: 760-770-3224 DATE OF SUBSTANTIAL COMPLETION. 2005 CLASS OF WORK: GENERAL CONTRACTOR PROJECT, ORACLE PLAZA OWNER: SALSHA ENTERPRISES 40-530 MORNINGSTAR RD RANCHO MIRAGE, CA 92270 CONSTRUCTION COST$5,500,000.00 OWNER'S REPRESENTATIVE' DR SHAH OWNER'S TELEPHONE: 760-674-4449 DATE OF SUBSTANTIAL COMPLETION: 2007 CLASS OF WORK: GENERAL CONTRACTOR PROJECT: MECCA LIBRARY OWNER: COUNTY OF RIVERSIDE 44-199 MONROE ST SUITE B INDIO, CA 92201 CONSTRUCTION COST$4,700,000,00 OWNER'S REPRESENTATIVE: LEAH RODRIGUEZ OWNER'S TELEPHONE: 760-863-2552 DATE OF SUBSTANTIAL COMPLETION, 2008 CLASS OF WORK- GENERAL CONTRACTOR PROJECT: PALM SPRINGS CONVENTION CENTER KITCHEN OWNER: CITY OF PALM SPRINGS 3200 E TAHQUITZ CANYON WAY PALM SPRINGS, CA 92262 CONSTRUCTION COST$1,002,583.00 OWNER'S REPRESENTATIVE ALAN SMOOT OWNER'S TELEPHONE: 760-323-8239 DATE OF SUBSTANTIAL COMPLETION: 2006 CLASS OF WORK: GENERAL CONTRACTOR 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 Do 1All Tnc. By. n{ noua Wa11. Title Pra�;id nt- Jackie Lee Houston Plaza at the Palm Springs Convention Center City Project No 08-18 August 13,2009 WORKER'S COMPENSATION CERTIFICATE AGREEMENT AND BONDS BID BOND KNOW ALL MEN BY THESE PRESENTS, That Doug Wall Construction,Inc. as Principal;and Berkley Regional Insurance Company as Surety, are Weld and firmly bound unto the City of Palm Springs, hereinafter called the"City"in the sum of.. Ten Percent of the Amount Bid(10,0%of Bid) dollars (not less than 10 percent of the total amount of the bid) fOr the payment of which sum, Weil 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 .echedule(s)of the City's Contract Documents entitled: JACKIE LEE HOUSTON PLAZA AT THE PALM SPRINGS CONVENTION CENTER CITY PROJECT NO.08-18 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"Irish ictiens to Bidders"enters into a written.Agreement on the Form of Agreement bound with said Contract Documents, furnishes the required,Ceriiflcates of Insurance, and furnishes the required Pefarmance 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 26th day of August 200,2 suRETr: PRINCIPAL: F3erklev Reainnal Insurance Comoanv __ Doug Wall Construction,Inc. (Check ono. ,JndWP:[ual, _parNamhlp, 9y X corporatien) By . 1 ,r. 71ne Ste hank Pham,,Attorney-Tn-fact (SEAT.AND NOTAfuAL ACKNDWLEpGMENT OF SURDTY) (N RIZEp) Ptird Name asl Trlle: _.��� AI I . �resl�p� • all (NOTARIZED) Print Name and Title; (Corpormi mqulm aw algnay',rms; am rrtm wcry or tee foom%inp yMepa:A.Chalmun or ecord,President w any4la PWe dons AND E. Sealitety,AadyblN SgrRtery,TrUS".AaGinhwo TlWmmr,w OW Finern5al oiliite0 JaWe Lea Houston Plaza at the Palm springs Convention Cantar City Pro)act No.ca.18 DID sOND(tall)SECURITY FORK August 13,200% BID FORMS CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT n fi State of California fiCounty of fi On % �/ before me, � Gs,�r�isi, oete Hera Insert Name and mi10 of lhE Most personally appeared Ang,r6 IF Name(s)dI sgnar(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are fi subscribed to the within instrument and acknowledged to me that he/she/they executed the same in fihis/her/their authorized capaeity(ies), and that by KAREhis/her/their signature(s) on the instrument the � Commission # 1712935 5UEISH person(s), or the entity upon behalf of which the IIFF t •-r Notary Public -California person(s) acted, executed the instrument L Riverside county !` c«mx ersoec2s,20113 I certify under PENALTY OF PERJURY under the Flaws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and off ici ea. I Signature: Placu Notary Seal anatnr Stamp Above Signature of Notsry Public ) OPTIONAL I Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document '4 Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: fiCapacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑Corporate Officer—Tltle(s): ❑ Individual nimmu:11illF1Individual - c ❑ Partner—❑Limited ❑General Tap of thumb here ❑Partner—❑Limited ❑General Top of thumb here fi ❑ Attorney in Fact ❑Attorney In Fact ❑ Trustee ❑Trustee fi ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: I Signer Is Representing• Signer Is Representing: w"�%e�"YeC.::eC."S-F'n"cVef"G"�=C•^[.:W��y'S'4'e%F;'"h•'K=4"�K.'�-.1Ge'S.�4. '-4"SiC'4'(:'r=C+'=G'K=f"[:X•�iF"SIS�'+G`�4•`e=l'=4'"= =4�' 02000 National Notary A Md Itian•0350 De Seto Avc,P 0 Box 2402•Ch�b+ rth CA 91313-2402•mvgv NatlonalNotary org Itom#M07 Reorder.Call Tell-Fm.1•80H76-6627 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA 1r Countv of Orartge J On before me, Lisa Roper,Notary Public ate Here Irisen Name and Tale of the Officer personally appeared _ Siephanie Pham Narne(s)of Sipner(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 hefshe/they LISA ROPER executed the same in his/her/their authorized capacity(ies), Cemmi$sion s 1755752 and that by his/her/their signature(s) on the instrument the Not$ry Public-C&Idot* person(s), or the entity upon behalf of which the person(s) PI$cer County acted, executed the instrument. M Comm.Ex ire$Jul 0,2011 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Wit ess d an 7al seal. Signatur Place Notary Seal Above si a N 4rgy Ilc J\ oPTO a 7hough the information below is not required by law rl may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date- Number of Pages: Signer(s) Other Than Named Above: Capaoity(ies) Claimed by Signer(s) Signer's Name: Ste harue Pham Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer---Title(s): ❑ Partner-1❑ Limited❑General ❑ Partner—❑ Limited❑General ® Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02007 M,yonal Notary Aseaaailon•0350 De 3mo Ave.,kO Box 2402•Cha%wontt CA 91313-2402•vmw.NahonalNolary org Itere f:5907 1-800-895,6929 No.567 POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a _ corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa, has made, constituted and appointed, and does by these presents make, constitute and appoint: Eric Lowey, Mark Richardson or Stephanie Pham of Pinnacle Surety&1'nsuranee Services,Inc.of Costa Mesa, CA its true and lawful Attorney-in-Fact to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings,with the exception of Financial Guaranty Insurance,providing that no single obligation shall exceed Thirty Million and 00/100 Dollars(T30,000,000.00),to the same extent.as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. - _ This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof This Power of Attorney is granted pursuant to the following i resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21,2000: _ "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and - qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and - further c - RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated;and further - - RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attomey-in-fact named; and further RESOLVED,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other c cp suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though - _ manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or - _ persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued." F2 c. EN V71TNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this S day of fY)A 2009, - Attest:�� 1 Berkley Re nal Insurance Company {Seal) By Ira S. Lederman Robert P.Cole Senior Vice President&Secretary Senior Vice President WAIVING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY"SECURITY PAPER. STATE OF CONNECTICUT) - ) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut,this day of�2 2009,by Robert P. Cole and Ira -` S. Lederman who are swom to me to be the Senior Vice President, and the Senior Vice President and Secretary, respectively, of Berkley Regional Insurance Company. ,- Tom, rlpL L__�,v, F7�^� ' --aP7.8LF� c%�Zr-��1 �-�-t,L-1�t-i-r'✓ Ed1YCOMC;ISS�Cd �:PIR:SJU;IE30,207E Notary Public, State of Connecticut .z CERTIFICATE 1, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the ' foregoing is a true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked Z or rescinded and that the authority of the Attorney-in-Pact set Forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. w Given finder rry hand and seal of the Company,this 26 th day of /jAu2u5L 7 nn� (Seal) vl�� �yt�rCr7 i Steven Coward Inquiry and Notification Rider Berkley Surety Group, LLC is the affiliated underwriting manager for all of the surety business of the following affiliated companies: Acadia Insurance Company, Berkley Regional Insurance Company, Carolina Casualty Insurance Company, Union Standard Insurance Company, Union Insurance Company and Continental Western Group Insurance Company. To verify the authenticity of this bond please call: (973) 775-5021 or Telefax (973) 775-5024 Any written notices, inquiries, claims or demands to the surety on the bond to which this Rider is attached should be directed to: Berkley Surety Group, LLC 412 Mt. Kemble Ave. Suite 31ON Morristown, NJ 07960 Attention: Surety Claims Department Or Telefax: (866) 408-2421 Please include with all notices the bond number and the name of the principal on the bond. Where a claim is being asserted Berkley Surety Group CITY OF PALM SPRINGS, CALIFORNIA DEPARTMENT OF PROCUREMENT & CONTRACTING NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND SPECIAL PROVISIONS AND SPECIFICATIONS FOR CONSTRUCTION OF THE: JACKIE LEE HOUSTON PLAZA AT THE PALM SPRINGS CONVENTION CENTER CITY PROJECT NO. 08-18 IN THE CITY OF PALM SPRINGS August 2009 OF PALM S 1 U cn ,q� k RpRAY E� C-q FC) Bids Open: 9/14/09 Dated: 8/13/09 CITY PROJECT NO . 08- 18 The Specifications contained in the attached Project Manual have been prepared by, or under the direct supervision of the following Architectural Firm Design WorkShop, Inc. 128 Market Street, Suite 3E Stateline, Nevada 89449-5666 Jackie Lee Houston Plaza at the Palm Springs Convention Center CITY PROJECT NO 08-18 SPECIAL PROVISIONS August 13,2009 GENERAL CONTENTS- PAGE 1 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 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 Insurance Farms and Provisions PART II - Conditions of Contract General Ccnditions PART III -- Specifications Specifications Jackie Lee Houston Plaza at the Palm Springs Convention Center CITY PROJECT NO,08-18 SPECIAL PROVISIONS August 13,2009 GENERAL CONTENTS-PAGE 2 Jackie Lee Houston Plaza at the Palm Springs Convention Center City Project No.08-18 PART III Appendices August 13,2009 CITY OF PALM SPRINGS NOTICE INVITING BIDS For the construction of the Jackie Lee Houston Plaza at the Palm Springs Convention Center - City Project No . 08-18 . N-1 NOTICE IS HEREBY GIVEN that sealed bids for the Jackie Lee Houston Plaza at the Palm Springs Convention 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 September 14, 2009 at which time they will be opened and read aloud. Note that Palm Springs City Hall is closed every Friday due to the current furlough program, and therefore is not able to accept, time or date stamp any bids on Fridays (or weekends) . Bidders shall take this into consideration when delivering a bid by the due date and time as defined above. The construction estimate for this project is 5700, 000. N-2 DESCRIPTION OF THE WORK: The Work comprises the construction of a welcoming plaza and demonstration garden at the Palm Springs Convention Center to include, but not limited to, grading, irrigation, landscaping, fencing, concrete flat--work, street improvements, signage and lighting. 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. (c) The successful bidder will be required to complete the work within 60 working days or by JanuaKy 4 2010, which ever occurs first. N-4 BID SECURITY: each bid shall be accompanied by a certified or cashier' s check or Bid Bond in the amount of 10 percent- of the total bid price, payable to the City of Palm Springs . N-5 BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a period of 60 calendar days from the date of bid opening. N-6 CONTRACTOR' S LICENSE CLASSIFICATION: The Contractor shall possess a valid Class A or 3-1 Contractor license at the time of contract award. Jackie Lee Houston Plaza at the Palm springs Convention Center City Project No.08-18 NOTICE INVITING BIDS August 13,2009 PAGE 1 N-7 PREVAILING WAGES: This pro3ect will be funded with City revenues and therefore this project is not subject to revailin wage requirements . 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 REQUESTS FOR INFORMATION: Any questions (RFI' s) , technical or otherwise, pertaining to this bid shall be submitted IN WRITING and directed ONLY to: Craig L. Gladders, C- P_M. Procurement & Contracting Manager 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 via FAX (760) 323-8238 or via EMAIL: Craig. Gladders@palmsprings-ca_ gcv Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda L-o the IFB. The deadline for all questions is 2 :00 P.M. Local Time THURSDAY SEPTEMBER 3 2009 . Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect . N-10 OBTAINING OR INSPECTING CONTRACT DOCUMENTS : (a) Contract Documents may be inspected without charge at the office of Procurement & Contracting, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262 . b) Complete sets of Contract- Documents may be ordered on, or after August 17, 2009 at O.C.B. Reprographics, 77734 Country Club Drive, Suite G-2, Palm Desert, CA 92211, phone (760) 772-9794, fax (760) 772-9894 for a non-refundable deposit of $80 . 00 for each set, made payable to City of Palm Springs. (c) An additional handling fee of $20 . 00 will be charged for sets of documents sent by mail, made payable to the City of Palm Springs, plus bidder to provide E'ed-x account number or pay shipping charges directly to OCB Reprographics . N--11 ADDRESS AND MARKING OF BIDS: The envelope enclosing the Bid shall be sealed and addressed to the City of Palm Springs, and shall be delivered or mailed to the Procurement and Contracting Jackie Lee Houston Plaza at the Palm Springs Convention Center City Project No.08-18 NOTICE INVITING elp5 August 13,2009 PAGE 2 Manager at 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262 . The envelope shall be plainly marked in the upper left hand corner with the name and address of the Bidder and shall bear the words "Bid For. . " followed by the title of the Project and the date and hour of opening Bids . The certified or cashier ' s check or Bid Bond shall be enclosed in the same envelope with the Hid. BY ORDER OF THE CITY OF PALM SPRINGS Date By Craig Gladders Manager, Procurement & Contracting Jackie Lee Houston Plaza at the Palm Springs Convention Center City Project No.08-18 NOTICE INVITING BIDS August 13,2009 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 Cade 920103.5, 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 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. Jackie I-ee Houston Plaza at the P21m Springs Convention Center City Project No.08.18 INSTRUCTIONS TO August 13,2009 BIDDERS-PAGE 1 (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. S. INTERPRETATIONS - All questions about the meaning or intent of the Contract Documents are to be directed to the Office of Procurement & Contracting. Interpretations or clarifications considered necessary by the Architect in response to such questions will be resolved by the issuance of Addenda mailed or delivered to all parties recorded by 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 Inviting Bids. Said check or bond shall be made payable to the City and shall be given as a guarantee that the Bidder, if awarded the Work, will enter into an Agreement with the City and will furnish the necessary insurance certificates, Payment Bond, and Performance Bond. Each of said bonds and insurance certificates shall be in the amounts stated in the Standard Specifications or Special Provisions. In case of refusal or failure of the successful Bidder to enter into said Agreement, the check or Bid Bond, as the case may be, shall be forfeited to the City. If the Bidder elects to furnish a Bid Bond as its security, the Bidder shall use the Bid Bond form bound herein, or one conforming substantially to it in form. 7. RETURN OF BID SECURITY - Within 14 days after award of the Contract, the City will return all bid securities accompanying such of the Bids that are not considered in making the award. All other Bid securities will be held until the Agreement has been finally executed. They will then be returned to the respective Bidders whose Bids they accompany- S. 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 an 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 wards and figures, and in the event of any conflict between the words and figures, the wards shall govern. The envelope enclosing the sealed bids shall be plainly marked in the upper left-hand corner with the name and address of the Bidder and shall bear the words "BID FOR," followed by the title of the Contract Documents for the Work, the name of the "CITY OF PALM SPRINGS," the address where the bids are to be delivered or mailed to, and the date and hour of opening of bids. The Bid Security shall be enclosed in the same envelope with the Bid. 9. SUBMITTAL OF BIDS - The Bids shall be delivered by the time and to the place stipulated in the Notice Inviting Bids. It is the Bidder's sole responsibility to see that its Bid is received in proper time. Bids will not be accepted after the appointed time for opening of bids, no matter what the reason. 10. DISCREPANCIES IN BIDS - In the event that there is more than one Bid Item in the Bid Schedule, the Bidder shall furnish a price for all Bid Items in the schedule, and failure to do se 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 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 an 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 Cade. 11. QUANTITIES OF WORK - Jackie Lee Houston Plaza at the Palm Springs Convention Center City Project No-08-18 INSTRUCTIONS TO August 13,2009 ! BIDDERS- PAGE 2 (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 Article 10 of the General Conditions. 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 Architect is set forth in the specifications. 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 the Bid Items of an individual Bid Schedule. In the event the Work is contained in more than one Bid Schedule, the City may award schedules individually or in combination. In the case of 2 or more Bid Schedules which are alternative to each other, only one of such alternative schedules will be awarded. 17. EXECUTION OF AGREEMENT - The Bidder to whom award is made shall execute a written Agreement with the City on the form of agreement provided, shall secure all insurance, and shall furnish all certificates and bonds required by the Contract Documents within 10 calendar days after receipt of the Agreement forms from the City. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award and forfeiture of the Bid Security. If the lowest responsive, responsible bidder refuses or fails to execute the Agreement, the City may award the Contract to the second lowest responsive, responsible Bidder. If the second lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the City may award the Contract to the third lowest responsive, responsible Bidder. On the failure or refusal of such second or third lowest Bidder to execute the Agreement, each such bidder's Bid Securities shall be likewise forfeited to the City. 18. WORKER'S COMPENSATION REQUIREMENT - The Bidder should be aware that in accordance with laws of the State of California, the Bidder will, if awarded the Contract, be required to secure the payment of compensation to its employees and execute the Worker's Compensation Certification. 19. LOCAL BUSINESS PROMOTION — The contract for this project is subject to the provisions of Palm Springs Ordinance No. 1756, and Section 7.00.030 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-contractors 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 Jackie Lee Houston Plaza at the Palm Springs Convention Center City Project No.08-18 INSTRUCTIONS TO August 13,2009 BIDDERS- PAGE 3 the bid of any contractor proposing to use sub-contractors that fail to comply with the requirements of this subsection. 20. EXCAVATION MONITORING - The project will be constructed on leased Indian Lands and as such the Contractor shall be responsible to contract with an Excavation Monitor, that must be assigned through the Tribal Historic Preservation Office, for continuous monitoring of subsurface excavation that will be necessary for the completion of the project. Please contact Pattie Tuck, Tribal Preservation Officer at 760-699-6907. All cost of monitoring shall be paid by the Contractor. - END OF INSTRUCTIONS TO BIDDERS- Jackie Lee Houston Plaza at the Palm Springs Convention Center City Project No-08-18 INSTRUCTIONS TO August 13,2009 BIDDERS•PAGE 4 Not Used . Jackie Lee Houston Plaza at the Palm Springs Convention Center City Project No.08-18 COVER SHEET August 13,2009 81D FORMS BID BID TO: CITY OF PALM SPRINGS, CALIFORNIA The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City in the farm 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: JACKIE LEE HOUSTON PLAZA AT THE PALM SPRINGS CONVENTION CENTER CITY PROJECT NO,08-18 Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond, and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged). Number Date Number Date Number Date Number Date Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of California Labor Code Section 1860, et seq.,the undersigned confirms the following as its certification: I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefore the Contract Price based on the Lump Sum or Unit Bid Prica(s) named in the aforementioned Bidding Schedule(s)- Dated: Bidder: By: (Signature) Title: Jackie Lee Houston Plaza at the Palm Springs Convention Center City Project No.08-18 BID (PROPOSAL) August 13,2009 DID FORMS BASE BID SCHEDULE Lump Sum Price for Construction of JACKIE LEE HOUSTON PLAZA AT THE PALM SPRINGS CONVENTION CENTER PROJECT NO. 08 -18 In Palm Springs, California Item Description 1. Provide all materials, supplies, services, equipment and manpower necessary to complete the grading, landscaping, irrigation, fencing, lighting, street improvements, and concrete flat work, bonds and insurance for the Jackie Lee Houston Plaza project as detailed in the Plans & Specifications entitled "Jackie Lee Houston Plaza at the Palm Springs Convention Center, City Project No. 08- 18". TOTAL LUMP SUM BID PRICE For the lump sum of (Price in figures) (Price in words) BIDDER: BY: Signature TITLE: DATE: Jackie Lee Houston Plaza at the Palm Springs Convention Center City Project No.08-18 LUMP SUM BID SCHEDULE August 13,2009 BID FORMS Name of Bidder or Firm Jackie Lee Houston Plaza at the Palm Springs Convention Center City Project No.08-18 UNIT PRICE BID SCHEDULE August 13.2009 BID FORMS-PAGE 4 Name of Bidder or Firm Jackie Lee Houston Plaza at the Palm Springs Convention Center City Project No.08-18 UNIT PRICE BID SCHEDULE August 13,2009 BID FORMS-PAGE 5 Jackie Lee Houston Plaza at the Palm Springs Convention Center City Project No.08-18 UNIT PRICE BID SCHEDULE August 13,2009 BID FORMS-PAGE 6 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. Contractor's Percent License of Total Work to be Performed Number Contract Subcontractor's Name & Address 1. 2. 3. 4. 5. 6. 7. 8, Jackie Lee Houston Plaza at the Palm Springs Convention Center City Proleot No.08-18 LIST OF SUBCONTRACTORS August 13,2009 BID FORMS NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of ) I, being first duly sworn, deposes and says that he or she is of , the 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 Jackie Lee Houston Plaza at the Palm Springs Convention Center City Project No.08-18 NON-COLLUSION AFFIDAVIT August 13,2009 BID FORMS BID BOND KNOW ALL MEN BY THESE PRESENTS, That as Principal, and as Surety, are held and firmly bound unto the City of Palm Springs, hereinafter called the "City" in the sum of: dollars (not less than 10 percent of the total amount of the bid) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a Bid to said City to perform the Work required under the Bid Schedule(s) of the City's Contract Documents entitled: JACKIE LEE HOUSTON PLAZA AT THE PALM SPRINGS CONVENTION CENTER CITY PROJECT NO. 08-18 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 Farm of Agreement bound with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this Bond by said City, and City prevails, said Surety shall pay all costs incurred by said City in such suit, including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED, this day of 200 B. Secretary, ASsistant Secretary,Treasurer, A.fistant Treasurer, or Chief Financial Officer), PRINCIPAL: SURETY: (Check one: _individual, _partnership, Corporation) By By signature "- (NOTARIZED) Print Name and Title: Title (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) By sign,Hire (NOTARIZED) Prins Name and Title: (Corporaoonu require two signatures;one fmm each of the following groups:A.Chairman of Board. President,or any Vice President;AND Jackie Lee Houston Plaza at the Palm Springs Convention Center City Project No.08-18 BID BOND (BID SECLJRITY FORM) August 13,2009 BIO FORMS BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: 2. CONTRACTOR'S Telephone Number:( ) Facsimile Number: ( ) 3. CONTRACTOR'S License: Primary Classification State License Number(s) Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety Address Surety Company Telephone Numbers: Agent ( ) _ Surety ( ) 5. Type of Firm (Individual, Partnership or Corporation): 6. Corporation organized under the laws of the State of: _. 7. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm: Jackie Lee Houston Plaza at the Palm Springs Convention center City Project No.08-18 BIDDER'S GENERAL INFORMATION August 13.2009 BID FORMS BIDDER'S GENERAL INFORMATION (Continued) 8. Number of years experience as a contractor in this specific type of construction work: 9. List at least three related projects completed to date: a. Owner Address Contact Class of Work Phone Contract Amount Project Date Completed Contact Person Telephone number b, Owner Address Contact Class of Work Phone Contract Amount Project Date Completed Contact Person Telephone number C. Owner Address Contact Class of Work Phone Contract Amount Project _ Date Completed Contact Person Telephone number 1 O- 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. Jackie Lee Houston Plaza at the Palm Springs Convention Center City Project No.08-18 BIDDER'S GENERAL INFORMATION August 13,2009 BID FORMS Jackie Lee Houston Plaza at the Palm Springs Convention Center City Project No.08-18 AGREEMENT August 13,2009 AGREEMENT AND BONDS- PAGE 12 AGREEMENT THIS AGREEMENT made this day of in the year 200 , 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 7 --THE WORK The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the City's Contract Documents entitled: JACKIE LEE HOUSTON PLA7A AT TI{E PALM SPRINGS CONVENTION CENTER CITY PROJECT NO.08-18 The Work is generally described as follows: Provide the materials, supplies, services, equipment and manpower to complete the demolition,grading,fencing, landscaping, and irrigation, lighting,street improvements, concrete flat work and signage necessary to complete the Jackie Lee Houston Plaza at the Palm Springs Convention Center, City Project No.08-1 S. ARTICLE 2--COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if The Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof,the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum of $ 1,000 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 Prieo(s) named in the Contractor's Bid and Bid Schedule(s). ARTICLE 4—THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders,the accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Speoial Provisions, the Drawings, Addenda numbers tv , inclusive, and all Change Orders and Work Change Directives which may be delivered pr issued after the Effective Date of the Agreement and are not attached hereto. Jackie Lee Houston Plaza at the Palm Springs Convention Center City Project No,08-18 AGREEMENT FORM August 13,2009 AGREEMENT AND BONDS 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 S--NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7--MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By .... City Clerk APPROVED AS TO FORM: By, City Attorney APPROVED BY THE CITY COUNCIL: Data - _ Minute Order No. Date „ CONTENTS APPROVED: Agreement No. By— City Engineer Date gY City Manager Date Jackie Lee Houston Plaza at the Palm Springs Convention Center City Project No.08-18 AGREEMENT FORM August 13,2009 AGREEMENT AND BONDS CONTRACTOR: Check one:—Individual _Partnership Corporation Corporations require two notarized signatures: One from each of the following: A. Chairman of Board, President, or any Vice President AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. By By SIGNATURE NOTARIZED SIGNATURE NOTARIZED Name: Name: Title: Title: Address: Address. State of State Of County of _ County of On_before me On before me personally appeared personally appeared personally known to me (or proved to me on personally known to me (or proved to me on the basis of satisfactory evidence) to be the the basis of satisfactory evidence) to be the parson(s) whose name(&) is/are subscribed person(s) whose name(&) is/are subscribed to the within instrument and acknowledged to the within instrument and acknowledged to me that he/she/they executed the same in to me that he/she/they executed the same in his/her/their authorized capacity(ies), and his/her/their authorized capacity(ics) and that by his/her/their signature(s) on The that by his/her/their signature(s) on the instrument the person(s), or the entity upon instrument the person(s), or the entity upon behalf of which the person(s) acted, behalf of which the person(s) acted executed the instrument. executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature Notary Signature Notary Seal: Nctar Seal: Jackie Lee Houston Plaza at the Palm Springs Convention Center AGREEMENT FORM City Project No.08-18 AGREEMENT AND BONDS August13,2009 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 6 Title Jackie Lee Houston Plaza at the Palm Springs Convention Center City Project No.08-18 August 13,2009 WORKER'S COMPENSATION CERTIFICATE AGREEMENT ANO BONDS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That as Contractor, And as Surety, are held firmly bound unto the City of Palm Springs, a charter city, Organized and existing in the County of Riverside, California, hereinafter called the "City." in the sum of: dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said City to perform the Work as specified or indicated in the Contract Documents entitled: JACKIE LEE CHOUSTON PLAZA AT THE PALM SPRINGS CONVENTION CENTER CITY PROJECT NO,08.18 NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract Documents required to be performed on its part, at the times and in the manner specified herein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release Said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said Contractor Or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED,this day of , 200 the following groups'A.Chairman of Board, President,or CONTRACTOR: any Vicc Presideni; AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). (Check one: _individual, `partnership, corporation) By SURETY: signarurc INOTARIZED) - Print Name and Title: By Title By (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) (NOTARIZED) Print Name and Title: _(C0fpor3nan3 require two signatures;On@ hom each of Jackie Lee Houston Plaza at the Palm Springs Convention Center City Project No.08-18 PERFORMANCE BOND August 13,2009 AGREEMENT AND 80NDS PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, Thai 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, JACKIE LEE HOUSTON PLAZA AT THE PALM SPRINGS CONVENTION CENTER CITY PROJECT NO,08-18 NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators, successors, or assigns shall fail to pay for any materials, previsions, 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 3247.3282, 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 therefor, shall have complied with the provisions of said laws, then said surety will pay the same in an amount not exceeding the sum hereinbefore set forth, and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee as shall be fixed by the Court. This Bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. PROVIDED, That any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said 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 200 PAYMENT BOND AGREEMENT AND BONDS CONTRACTOR: (Check one:_individual,_partnership, _corporation) By signature (NOTARIZED) Print Name and Title: By signature (NOTARIZED) Print Name and Title: (Corporations require two signatures; one imm esch�of the following groups: A. Chanm�n of Board, Presldeni, or any Vice President; AND B. Sccrctary,Assistant SCCrotary,Treasurer,Assistant Treasurer,or Chief Financial Officer). SURETY By Title (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) PAYMENT BOND AGREEMENT AND BONDS Jackie Lee Houston Plaza at the Palm Springs Convention Center CERTIFICATE OF INSURANCE City Pmject No-08-18 AGREEMENT AND SONG$ August13,2009 CITY OF PALM SPRINGS DEPARTMENT OF PROCUREMENT AND CONTRACTING PART II - CONDITIONS OF THE CONTRACT JACKIE LEE HOUSTON PLAZA AT THE PALM SPRINGS CONVENTION CENTER CITY PROJECT NO. 08-18 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 Jackie Lee Houston Plaza at the Palm springs Convention Center PART II --SPECIAL PROVISIONS CITY PROJECT NO. 08-18 GENERAL CONTENTS- PAGE 1 Auoust 13, 2009 CITY OF PALM SPRINGS DEPARTMENT OF PROCUREMENT AND CONTRACTING CONDITIONS OF THE CONTRACT JACKIE LEE HOUSTON PLAZA AT THE PALM SPRINGS CONVENTION CENTER CITY PROJECT NO. 08-18 SECTION 1 -- TERMS. DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 GENERAL 1-1 . 1 Specifications . - This project- shall be constructed per the Specifications of the Architect that are either attached to this document are in a separate document or are included in the plans. 1 2 LEGAL ADDRESS 1-2 .1 Legal Address of the City. - The official address of the City shall be City of Palm Springs, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, or such other address as the City may subsequently designate in written notice to the Contractor. 1-2 .2 Legal Address of the Architect. - The official address of the Architect shall be the address listed on the plans sheets for this project. 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 Owner' s Representative, City of• Palm Springs, 3400 E. Tahquitz Canyon Way, Suite OFC, Palm Springs, California 92262, or such other address as the Owner' s Representative may subsequently designate in writing to the Contractor. 1--3 DEFINITIONS AND TERMS Jackie Lee Houston Plaza at dhc Palm Springs Convention Cemer TERMS, DFFINITIONS, ABBREVIATIONS, AND SYMBOLS CITY PROJECT NO. 08-18 SPECIAL PROVISIONS-SECTION 1 - PAGE 1 August 13, 2009 1-3 .1 Definitions and Terms . - Wherever in the Standard Specifications the following terms are used, the definitions shall be amended to read: Agency - The City of Palm Springs, a charter city organized and existing in the County of Riverside, State of California. Engineer - Shall refer to the Project Architect assigned to this project by the City. Liquidated Damages - The amount prescribed in the Special Provisions, pursuant to the authority of Government Code Section 53069 . 85, to be paid to the City or to be deducted from any payments due, or to become due, the Contractor for each day' s delay in completing the whole or any specified portion of the Work beyond the time allowed in the Special Provisions . Owner - The Owner shall be the Agency, as defined above. Working Day - A Working Day is defined as any day, except as follows : (a) Saturdays, Sundays, and any designated legal holiday officially observed by the City of Palm Springs . Designated legal holidays are: New Year' s Day (January 1) Martin Luther King Jr. Day (Third Monday in January) Lincoln' s Birthday (February 12) 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 Saturdayr the Friday before the holiday shall be a designated legal holiday. When a designated holiday falls on a Sunday, the Monday after the holiday shall be a designated legal holiday. (b) Days on which the Contractor is prevented by inclement weather or conditions resulting immediately therefrom adverse to the current controlling operation or operations, as determined by the Engineer, from proceeding with at least 75 percent of the normal labor and equipment force engaged Jackie Lee Houston Plaza at the Palm Springs Convention Center TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS CITY PROJECT NO. 08.18 SPECIAL PROVISIONS-SECTION 1 - PAGE 2 Aunust 13, 2009 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 - Jackie Lee Houston Plaza at the Palm Springs Convention Center TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS CITY PROJECT NO. 08-13 SPECIAL PROVISIONS- SECTION 1 -PAGE 3 AuBusi 13, 2009 SECTION 2 -- SCOPE AND CONTROL OF WORK 2-1 GENERAL 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 5 working days after the date specified in said Notice to Proceed. Said Work shall be diligently prosecuted to completion before the expiration of: 60 WORKING DAYS from the day specified in the Notice to Proceed issued by the City ox January 4, 2010, which ever occurs first. 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. In addition to the construction duration time, the Contractor shall be bound by a maintenance period of 90 calendar days which is to begin upon final acceptance, of plant, and irrigation installation. 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. In addition, the Contractor shall pay to the City as liquidated damages the same sum as above, for each and every calendar day the 90-day maintenance period must be extended due to plants, irrigation facilities, or landscape being un-repaired or un- replaced. 2-2 CONTRACT BONDS 2-2 .1 BONDING COMPANY WAIVER OF RIGHT OF NOTIFICATION The following shall be added: "The Contractor shall ensure that its Bonding Company is familiar with all of the terms and conditions of the Contract ❑ocuments, and shall Jackie Lee Houston Plaza at the Palm Springs Conventwn Center SCOPE AND CONTROL OP WORK CITY PROJECT NO. 08-18 SPECIAL PROVISIONS- SECTION 2 -PAGE 1 August 13, 2009 obtain a written acknowledgement by Lhe Bonding Company that said Bonding Company thereby waives the right of special notification of any changes or modifications of the Contract, or of extensions of time, or of decreased or. increased Work, or of cancellation of the Contract, or of any other act or acts by the City or any of its authorized representatives. " 2-2 .2 EXECUTION OF BONDS Bonds shall be executed by either: (a) two (2) or more sufficient personal sureties; (b) one sufficient admitted surety insurer; or (c) a combination of sufficient personal sureties and admitted surety insurers. If a corporate surety insurer is used, a County Clerk' s certificate evidencing that it is an admitted surety insurer shall be submitted with the bonds . If a personal surety is used, all requirements set out in Code of Civil Procedure Section 995 . 51.0 shall be met to the satisfaction of the City Attorney. 2-3 PRECEDENCE OF CONTRACT DOCUMENTS 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 ❑i,recLives 2. Agreement 3- Addenda 4. Contractor's Bid (Bid Forms) 5. Special Provisions 6- Notice Inviting Bids 7. Instructions to Bidders 8. Plans (Contract Drawings) 9- Standard Plans 1.0. Standard Specifications 11. Reference Documents With reference to the Drawings, the order of precedence shall be as follows: 1- Figures govern over scaled dimensions 2. Detail drawings govern over general drawings 3. Addenda or Change Order drawings govern over Contract Drawings 7. Contract Drawings govern over Standard Drawings 5. Contract Drawings govern over Shop Drawings 2-4 SUBSURFACE DATA - No Section 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, Jackie Lee Houston Plaza at the Palm Springs Convention Center SCOPE AND CONTROL OF WORK CITY PROJECT NO. OS-18 SPECIAL PROVISIONS-SECTION 2- PAGE 2 August 13, 2009 shall be arranged by and paid for entirely by the Contractor, at its own expense. 2-6 PROTECTION OF SURVEY MONUMENTS It shall be the Contractor ' s responsibility to protect all the existing survey monuments, bench marks, survey marks and stakes. Removal of such monuments, or displacement thereof, shall require their resetting per City requirements, including corner record filing, for the existing type of monument in question at the Contractor' s expense. 2-7 SURVEYING - Shall be provided by the contractor. 2-8 AUTHORITY OF THE ARCHITECT The Architect 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 Architect ' 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 Architect shall have complete and safe access to the Work at all times during construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the Specifications, the Special Provisions, and the Plans. All labor, materials, and equipment- furnished shall be subject to the Engineer' s inspection. When the Work is substantially completed, a representative of the Architect 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 Jackie Lee Mauston Plaza at the Palm Springs Convention Center SCOPE AND CONTROL OF WORK CITY PROJECT NO, 08-18 SPECIAL PROVISIONS- SECTION 2- PAGE 3 Aunust 13, 2009 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. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, and has prepared its Bid accordingly; and the Contractor, by submitting such a Bid, assumes all said risk. 2 . 12 SCHEDULE OF VALUES On lump sum PROJECTS, the Contractor shall submit, for approval by the Owner' s Representative, a Schedule of Values, or lump sum price breakdown, which will serve as the basis for progress payments and shall be incorporated into a form of Application for Payment acceptable to the Owner' s Representative. Such Schedule of Values shall be submitted for approval at the Pre-construction Conference and must meet the approval of the Owner' s Representative before any payments can be made to the Contractor. 2 . 13 EXCAVATION MONITORING The project will be constructed on leased Indian Lands . Any sub- surface excavation that occurs on the project must be monitored by a certified Monitor assigned through the Tribal Historic Preservation office. The cost of said monitoring shall be paid by the Contractor. Contact is Ms . Pattie Tuck, Tribal Preservation Officer at (760) 699-6907 . - END OF SECTION - Jackie Lee Houston Plaza at the Palm Springs Convention Center SCOPE AND CONTROL OF WORK CITY PROJECT N0. 08-18 SPECIAL PROVISIONS- SECTION 2 • PAGE 4. Auqust 13, 2009 SECTION 3 -- CHANGES IN WORK 3-1 EXTRA WORK Without invalidating the Agreement and without notice to any surety, the CITY may, at any time order additions, deletions, or revisions in the work. Such changes shall be authorized via a Change Order of Work Change Directive. Upon receipt of such written authorization Contractor shall• promptly proceed with the work. 3-2 PAYMENT 3--2 .1 Markup: The provisions as follows! (a) Work by Contractor. The following percentages shall be added to the Contractor' s costs and shall constitute the markup for all general conditions, overhead and profit. 1) Labor 20 percent 2) Materials 15 percent 3) Equipment rental 15 percent 4) Other items and expenditures 15 percent 5) Subcontracts (1st 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. 3-2 .2 Contract Unit Prices: The provisions of Subsection 3- 2 . 2 . 1 of the Standard Specifications shall be revised to read as follows- 3-2 .2 .1 (a) Allowable Quantity Variations on Unit Price Contracts: In the event of an increase or decrease in a bid item quantity of a unit price contract-, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the Contract Documents, wherever such unit price has been established; provided, that an adjustment in the Contract Unit Price may be made for changes which result in an increase or decrease in the quantity of any unit price bid item of the Work in excess of 25 percent, or for eliminated items of work. 3-2 .2 . 1 (b) Increases of More Than 25 Percent on Unit Price Contracts : On a unit price contract, should the total quantity of any item of work required under the Contract exceed the Engineer' s Estimate therefore by more than 25 percent, the work in excess of 125 percent of such estimate Jackie Lee Houston Plaza at the Palm Springs Convention Center CHANGES IN WORK CITY PROJECT NO. 08-18 SPECIAL PROVISIONS- SECTION 3- PAGE 1 Avqust 13, 2009 and not covered by an executed contract Change Order specifying the compensation to be paid therefore will be paid for by adjusting the Contract- Unit Price, as hereinafter provided, or at the option of the City, payment for the work involved in such excess will be made as provided in Section 3-3 . 2 of the Standard Specifications, as amended in these Special Provisions . Such adjustment of the Contract Unit Price will be the difference between the Contract Unit Price and the actual unit cost, which will be determined as hereinafter provided, of the total pay quantity of the item. If the costs applicable to such item of work include fixed costs, such fixed costs shall be deemed to have been recovered by the Contractor by the payments made for 125 percent of the Engineer' s Estimate of the quantity for such item, and in computing the actual unit cost, such fixed costs will be excluded. Subject to the above provisions, such actual unit cost will be determined by the Engineer in the same manner as if the work were to be paid for as extra work as provided in Section 3-3 . 2 of the Standard Specifications, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the City. When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the Engineer' s Estimate is less than $5, 000 at the applicable Contract Unit- Price, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor. 3-2 .2 .1 (c) Decreases of More Than 25 Percent on Unit Price Contracts : On unit price contracts, should the total pay quantity of any item of work required under the contract be less than 75 percent of the Engineer' s Estimate therefore, an adjustment in compensation pursuant to this Section will not be made unless the Contractor so requests in writing. If the Contractor so requests, the quantity of said item performed, unless covered by an executed contract change order specifying the compensation payable therefore, will be paid for by adjusting the Contract Unit Price as hereinafter provided, or at the option of. the Engineer, payment for the quantity of the work of such item performed will be made as if the work were to paid for as extra work as provided in Section 3-3 . 2 of the Standard Specifications, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the City; provided however., that in no case shall the payment for such work be less than that which would be made at the Contract Unit Price. Jackie Lee Houston Plaza at the Palm Springs Convention Center CHANGES IN WORK CITY PROJECT N0. 08-18 SPECIAL PROVISIONS- SECTION 3 -PAGE 2 August 13. 2009 Such adjustment of the contract unit price will be the difference between the contract unit price and the actual unit cosL-, which will be determined as hereinafter provided, of the total pay quantity of the item, including fixed costs. Such actual unit cost will be determined by the Engineer in the same manner as if the work were to be paid for as extra work as provided in Section 3-3 .2 of the Standard Specifications, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the City. The payment for the total pay quantity of such item of work will in no case exceed the payment which would be made for the performance of 75 percent of the Engineer' s Estimate of the quantity for such item at the original Contract Unit Price. 3-2 .2 .1 (d) Eliminated Items on Unit Price Contracts: On unit price contracts, should any contract item of the Work he eliminated in its entirety, in the absence of an executed contract Change Order covering such elimination, payment will be made to the Contractor for actual costs incurred in connection with such eliminated contract item if incurred prior to the date of notification in writing by the Engineer of such elimination. If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the Engineer, and if orders for such material cannot be canceled, it will be paid For at the actual cost to the Contractor. In such case, the material paid for shall become the property of the City and the actual cost of any further handling will be paid for by the City. If the material is returnable to the vendor and if the Engineer so directs the Contractor, the material shall be returned and the Contractor will be paid for the actual cost of charges made by the vendor for returning the material. The actual cost of handling returned material will be paid for. The actual costs or charges to be paid by the City to the Contractor as provided in this Section 3-2 will be computed in the same manner as if the work were to be paid as extra work as provided in Section 3-3. 2 of the Standard Specifications, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the City. - END OF SECTION - Jackio Lee Houston Plaza at the Palm Springs Convention Center CHANGES IN WORK CITY PROJECT NO. 08-18 SPECIAL PROVISIONS- SECTION 3- PAGE 3 Auqust 13. 2009 SECTION 4 -- CONTROL OF MATERIALS 4--1 TRADE NAMES OR EQUALS 4-1 .1 Substitutions . - 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 ra.ghts to offer or use substitute materials, products, or equipment for that which was originally specified. Unless otherwise authorized by the Architect, 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 Architect 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 Architect or the City. 4 .2 MATERIALS 4--2 .1 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 Owner' s Representative with a statement from the vendor (s) that the order (s) for said supplies, materials, and equipment has been received and accepted by said vendor (s) within 15 working days from the date of said award of Contract- . - END OF SECTION - Jackie Lee Houston Plaza at the Palm Springs Convention Center RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 08-18 SPECIAL PROVISIONS-SECTION 7- PAGE t Auqusi 13, 2009 SECTION 5 -- UTILITIES Section Not utilized. See other specification sections for abandoning or Capping existing utilities . SECTION 6 -- PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK Section Not utilized. SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR 7-1 General. - "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, 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 Owner' s Representative in writing. " 7-2 hours of Labor. - Eight hours labor constitutes a legal day' s work. The Contractor shall comply with all applicable provisions of Section 1810 to 1815, inclusive, of the California Labor Cade 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. Jackie Lee Houston Plaza at the Palm Springs Convention Center RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO, 08.18 SPECIAL PROVISIONS-SECTION 7 - PAGE 2 Aupust 13, 2009 7-3 Prevailing Wage. - Not Required on this project as Local funds are being utilized . 7--4 Payroll Records; Not Used. 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 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 Cade, 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 . 7 ar• ecs Jackie Lae Houston Plaza at the Palm Springs Convention Center RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 08-18 SPECIAL PROVISIONS- SECTION 7 - PAGE 3 August 13. 2009 below the surface, shall be subject to the following conditions: the Contractor shall promptly, before the conditions are disturbed, notify the public entity in writing of such conditions. (b) It has been determined that the OSHA soil classification in Palm Springs has designated to be Type C soil throughout the City. All protective measures shall be based upon that. determination. 7-8 Resolution of Construction Claims . - As required under Section 20104, et seq. , of the California Public Contract Code, any demand of $375, 000 or less, by the Contractor for a time extension, payment of money, or damages arising from the work done by or on behalf of the Contractor pursuant to this Contract, or payment of an amount which is disputed by the City, shall be processed in accordance with the provisions of said Section 20104, et seq. , relating to informal conferences, non- binding judicially-supervised mediation, and judicial. arbitration. A single written claim shall be filed under this Article prior to the date of final payment for all demands resulting out of the Contract. Within 30 days of the receipt of the claim, the City may request additional documentation supporting the claim, or relating to defenses or claims the City may have against the Contractor. If the amount of the claim is less than $50, 000, the Contractor shall respond to the request for additional information within 15 days after receipt of the request . The Contractor shall respond to the request within 30 days of receipt, if the amount of the claim exceeds $50, 000, but is less than $375, 000 . 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 $375, 000, and further documentation is requested by the City, the City shall respond within the same amount of time taken by the Contractor to respond, or 30 days, whichever is greater. If the Contractor disputes the City' s response, or the City fails to respond, the Contractor may demand an informal conference to meet and confer for settlement of the issues in dispute. The demand shall be served on the City, within 15 days Jackie Lee Houston Plaza at the Palm Springs Convention Center RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 0$-18 SPECIAL PROVISIONS- SECTION 7- PAGE 4 August 13, 2009 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 Safcty 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 sharing 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 therefor shall be included in the Bid item price named in the Contract for completion of the Work as set forth in the Contract Documents. 7-10 INSURANCE AMOUNTS Prior to commencing any Work, all contractors, vendors and service providers shall procure and maintain, at their own cost and expense for the duration of their contract with the City, appropriate insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work or services . The types of insurance required and the coverage amounts are specified below: A. Minimum Scope of Insurance Required 1. General Liability Insurance is required whenever the City is at risk of third-party claims which may arise out of work or presence of a contractor, vendor and service provider on City premises . At a minimum this policy shall: • be written on a per occurrence basis; and • include products and completed operations liability, independent contractors liability, broad form contractual liability, and cross liability protection. 2 . Automobile Liability Insurance is required only when vehicles are used by a contractor, vendor or service provider in their scope of work or when they are driven Jackie Lee Houston Plaza at the Palm Springs Convention Center RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 08-18 SPECIAL PROVISIONS-SECTION 7- PACE 5 August 13, 2009 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 CiLy' 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 Lime 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 Limits to be determined by the City' s Risk Manager $25, 000 to $5 Million: $1 Million per Occurrence / $2 Million Aggregate Over $5 Million: Limits to be determined by the City' s Risk Manager Umbrella excess liability may be used to reach the limits stated above. C. General Standards for Insurance Policies All insurance policies shall meet the following standards : 1 . Insurance carrier is to be placed with duly licensed or approved non-admitted insurers in the state of California. 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 M.i-llion to $100 Million) . Exceptions to the Best' s rating may be considered when an Jackie Lee Houston Plaza at the Palm Springs Convention Center RESPONSIBILITIES Or THE CONTRACTOR CITY PROJECT NO. 08.18 SPECIAL PROVISIONS-SECTION 7 - PAGE 6 Auqust 13, 2009 insurance carrier meets all other standards and can satisfy surplus amounts equivalent- to a A+, 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 Liabilzty Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees and agents are named as an additional insured" ("as it relates to a specific contract" or "for any and all work performed with the City" may be included in this statement) . 2 . "This insurance is primary and non-contributory over any insurance or self-insurance the City may have" ("as it relates to a specific contract" or "for any and all work performed with the City" may be included in this statement) . See Example A below. As an alternative to the non-contributory endorsement, the City will accept- a waiver of subrogation endorsement on the General Liability policy. At a minimum, this endorsement shall include the following language: "This insurance company agrees to waive all rights of subrogation against the City of Palm Springs, its officers, officials and employees for losses paid under the terms of this policy which arise from the work ,performed by the named insured for the City. " 3 . "The insurance afforded by this policy shall not be cancelled except after thirty days prior written notice by certified mail return receipt requested has been given to the City. " Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. See Example S below. The Workers' Compensation and Employer' s Liability policies shall contain waiver of subrogation clause in favor of City, Jackie Lee Houston Plaza at the Palm Springs Convention Center RFSPONSIBIOTISS OF THE CONTRACTOR CITY PROJECT NO. 08-18 SPECIAL PROVISIONS-SECTION 7 - PAGE 7 . August 13, 2009 its elected offici-als, 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 S: Jackie Lee Houston Plaza at the Palm Springs Convention Center RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 08-18 SPECIAL PROVISIONS- SECTION 7- PAGE 8 ALiqust 13, 2009 SHOULD ANY OF THE ABOVE-REFERENCED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENPEA^"Q� MAIL 30 DAYS* WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN QJIT CAII Ito C�� n.inn cl Ir LI_AI!'1TIrr c1-141 I Innoncr_ Nn nol I(_nrl�nl�O - AQII ITV nC AAIV Ill Alfl 1lbnAl TLJC InI C I-�orD�l1'�C A2�LAIT C_e'1� 4;ZS QUSENTAT V-F_5 *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 ci-rcumstances, the City may accept risk financing mechanisms such as Risk Retention Groups, Risk Purchasing Groups, off-shore carriers, captive insurance programs and self-insurance programs as verification of insurance coverage. These programs are subject to separate approval once the City has reviewed the relevant audited financial statements and made a determination that the program provides sufficient coverage to meet- the City' s requirements. H. Waiver of Modification of the Insurance Requirements Any waiver or modification of the insurance requirements can only be made by the City' s Risk Manager or designee at City' s discretion. If you do not believe that the insurance requirements apply to you (e. g. , you do not have employees and are not subject to the State workers' compensation insurance requirements; you do not drive an automobile in connection with the services you provide to the City; professional liability or errors and omissions liability insurance is not available for the type of services you are performing, etc. ) , please submit a written request for waiver or modification of the insurance requirements and the reasons underlying your request to the Risk Manager. All requests for waiver or modification will be reviewed and a final determination rendered by the Risk Manager. 7-11 National Pollution Discharge Elimination System (NPDES) Permit - NPDES permits are required for all storm water discharges associated with a construction activity where Jackie Lee Houston Plaza at the Palm Springs Convention Center RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 08.18 SPECIAL PROVISIONS-SECTION 7 - PAGE 9 Aueiuv 13, 2009 clearing, grading, and excavation results in a land disturbance of 7 or more acres . Storm water discharges from a construction activity that results in a land disturbance of less than 1 acre, but which is part of a larger common plan of development or sale, also require a permit . Permits are required until construction is complete. The Contractor must submit a Notice of Intent (NOI) to the State Water Resources Control Board and pay the appropriate fee to the State. The costs of this fee shall be borne by the Contractor and no reimbursement will be made by the City. Evidence of the NOI submittal to the State and the WDID number assigned by the Water Quality Control Board will be required prior to start of construction. The form for the NOI is available at the Engineering Department. As part of the project NPDES compliance, the contractor must prepare a Storm Water Pollution Prevention Plan (SWPPP) prior to start of construction. Information on SWPPP preparation can be obtained from: California Regional Water Quality Control Board, 73720 Fred Waring ]Drive, Ste 100, Palm Desert, CA 92260, 760- 776-8962 . See format included in bid drawings; blanks need to be filled in. The SWPPP must be approved by the Architect and be retained at the project site during Construction- 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 .2 Flood Control District Permit. DOES NOT APPLY TO THIS PROJECT. 7-12 .3 City of Palm Springs Demolition Permit. The Contractor Shall be required to obtain and sign a City of Palm Springs permit prior to commencement of the Work, but the fee far this permit shall be waived. 7-12 .4 Caltrans Permit. None required this project. 7-14 SITE CLEANUP Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the Contractor Jackie Lee Houston Plaza at the Palm Springs Convemion Center RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO.08-18 SPECIAL PROVISIONS- SECTION 7 - PAGE 10 Auqust 13, 2009 shall keep the work site clean and free from rubbish and debris . The Contractor shall also abate any dust nuisance. 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 wor-ksite 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 Owner' s Representative. A11 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 therefor. 7-15 DUST CONTROL 7-15.1 General A. The Contractor shall be responsible for stabilizing the disturbed soil during construction. The method which it will use must be approved by the City 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 site must be completely fenced with 6 foot high chain link covered in fence fabric. 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 therefor. 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 project, in conformance with City requirements . 7-15 .2 Sign Materials and Fabrication. - The Contractor shall construct, erect, and maintain a rectangular, painted sign, outside of any proposed work area. The sign shall be installed within 5 days of the execution of the Contract, and the Contractor shall maintain the sign in good condition until the execution of the Notice of Completion, at which time the Contractor shall remove the sign and deliver it to the City yard. The sign board shall be minimum 5 . 5-foot wide by 4-foot high, constructed as follows: a. 3/4" High Density Overlay exterior type plywood, Grade designation APA HDO EXT. b. Two 4" x 4" posts securely buried not less than 36 inches into the ground. No concrete shall be used to Jackie Lee Houston Plaza at the Palm Springs Convention Center RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 08-18 SPECIAL PROVISIONS • SECTION 7 - PAGE 77 Auoust 13. 2009 secure the sign posts. The posts shall be treated with linseed replacement oil tinted with redwood stain. C. Posts shall be attached to the edges of the plywood with a minimum of two (2) carriage bolts on each post. d. The front surface of the sign should be painted in the conL-rastzng colors of a white background with black lettering. All paint shall be weather-proof non fading enamel. e. Commercially prepared metal signs mounted on steel posts are also acceptable . f. For. large projects, signs shall be installed at 300 feet spacing along adjacent- streets, or as required by the City Engineer. No handwritten signs will be accepted. Stenciled or professionally prepared signs are required. - END OF SECTION - Jackie Lee Houston Plaza at the Palm Springs Convention Center RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 06.18 SPECIAL PROVISIONS-SECTION 7 - PAGE 12 Aupust 13, 2009 SECTION 8 -- FACILITIES FOR AGENCY PERSONNEL ($LANK) - END OF SECTION - SECTION 9 - MEASUREMENT AND PAYMENT 9-1 GENERAL 9-1.1 Payment. - Payment of the Unit Costs, 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, all in accordance with the and Special Provisions, and as shown on the Drawings, including all appurtenances thereto, and including all costs of compliance with the regulations of public agencies having jurisdiction, including the Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration of the U. S. Department of Labor (OSHA) . 9--1 .2 Partial and Final Payments . - Acceptance of any progress payment accompanying any estimate without written protest shall be an acknowledgement by the Contractor that the number of accumulated contract days shown on the associated statement of working days is correct . Progress payments made by the City to the Contractor after the completion date of the Contract shall not constitute a waiver of liquidated damages . Subject to the provisions of Section 22300 of the Public Contract Code, a 10 percent retention will be withheld from each payment. All invoices and detailed pay requests shall be approved by the Engineer before submittal to the City for payment. All billings shall be directed to the Engineer. The Contractor shall submit with its invoice the Contractor' s conditional waiver of lien for the entire amount covered by such invoice; valid unconditional waivers of lien from the Contractor and all subcontractors and material-men for all work and materials included in any prior invoices; Jackie Lee Houston Plaza at the Palm Springs Convention Center MEASUREMENT AND PAYMENT CITY PROJECT NO- 08-18 SPECIAL PROVISIONS-SECTION S - PAGE 1 Auoust 13. 2009 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. 9-1.3 Payment. - Retainage At the expiration of 35 days after acceptance of the Work by the City, or as prescribed by law, the amount deducted from the final estimate 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 f, .led notices to stop payment, or as may be authorized by the Contract to be further retained. 9-2 PAYMENT SCHEDULE 9--2 .1 Unit Costs . Payment each month shall be based on the Unit Cost Bids and the units of work completed for each itemized work item. \ END OF SECTION - Jackie Lee Houston Plaza at the Palm Springs Convention Center MEASUREMENT AND PAYMENT CITY PROJECT NO. 08-18 SPECIAL PROVISIONS-SECTION 9 -PAGE 2 August 13, 2009 CITY OF PALM SPRINGS DEPARTMENT OF PROCUREMENT AND CONTRACTING PART III - SPECIFICATIONS JACKIE LEE HOUSTON PLAZA AT THE PALM SPRINGS CONVENTION CENTER CITY PROJECT NO. 08-18 101400 Signage 129300 Site Furnishings 265600 Exterior Lighting 311000 Site Clearing 321216 Asphalt Paving 321313 Concrete Paving 321316 Decorative Concrete Paving 321540 Stabilized Decomposed Granite Paving 323213 Cast-In-Place Concrete retaining Wall 328400 Planting Irrigation 329200 Turf and Grasses 329300 Plants Jackie Lee Houston Plaza at the Palm Springs Convention Center MEASUREMENT AND PAYMENT CITY PROJECT NO. 08-18 SPECIAL PROVISIONS-SECTION 9 -PAGE 3 Auqust 13, 2009 CITY PROJECT#08-I8 PALM SPRINGS CONVENTION CENTER JACW LEE HO1JSTON PLAZA ADDENDUM NO. 1 TFHS ADDENDUM SI4ALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON THE PREVIOUSLY ISSUED PLANS, SPECIFICATIONS AND INSTRUCTIONS AND SI4ALL BE REFERRED TO HEREINAFTER AS PART OF THE' CONTRACT DOCUMENTS. Section 1—Answers to bidders questions: 1. Two inquiries about geotechnical/materials testing: The City will provide for any required testing of materials and soils compaction. 2. Is there a pre-bid meeting for this project and if so, is it mandatory? There is no pre-bid meeting scheduled for this project, the site is open and available for contractor visits. 1 Please clarify Potential Deductive Alternate Items 91 regarding Electrical Deduct on Drawing Sheet E2 as 'W" and "04"- Should that read "ET' and "E4"---? The answer is YES. A new Bid Schedule will be issued as part of this Addenda with that correction made. Section 2--Addenda Notes: I. Sheet LI-1 — Materials Note 1: States to "Provide expansion joints... as shown.." - Note that the expansion joints are indicated by bold dashed lines on Sheet L1-1. 2. Sheet Existing Site I of 1: Shows four existing "stones", these are large boulders and pay item 916 Boulders shall include the relocation and reinstallation of these large boulders within the site as indicated on Sheet 5-1, boulders B32, B36, B37 & B40. See revised Bid Schedule and Attached Sketch that modifies Sheet L5-1. 3. Sheet C3, Third Note in Box (upper right): states "Existing irrigation and landscape lighting within construction areas to be relocated by others". This is incorrect — the contractor shall be responsible to relocate, extend, modify existing landscape lighting and irrigation so as to provide a compete and working landscape systems. 4. Sheet C3: This sheet shows the new driveway installation work that is part of this project. Note: Contractor shall be responsible to re-establish finish grades around the new drive and install irrigation and sod to complete the landscaping of this area. Contractor shall also be responsible to repair, extend, and or install the irrigations system to provide for the new sod along the drive edges and for planting in the islands. This work shall be included ------ --in-the pay-items for Finish Grade,Landscape-Irrigation-and Turf. •• PALM SPRINGS INTERNATIONAL AIRPORT 1 CP 3 07.09,A1P3.06.0181-43 ADDENDUM NO.1 5. Sheet C-3 Note 15: Note states "Construct 3' X 3' pilaster", replace with "Construct 3' X 3' masonry slumpstone pilaster painted to match the existing wall. Pilaster shall be supported on a 12" deep by four (4) foot square foundation with 94 rebar matt and four(4) #4 rebar uprights, one in each corner. 1 6. General Note- Boulder to concrete: At all locations where boulders meet concrete, expansion joints shall be installed and closed with backer rod and calking as specified for the concrete flatwork. 7. Bid Schedule: Please note that a new bid schedule (two sheets) are attached to this addendum and shall substitute for the two bid sheets in the bound document_ The changes are a modification to the the to indicate"Prices"note lump sum, bid item eleven(11) is deleted, item 16"Boulders (On Site)"is added. S. Specification Section Turf and Grasses:Turf grass species shall be"Tifgreen Bermuda" over seeded with perennial rye grass by grower before delivered to site. 9. Sheet L3-1 Irrigation: Use City Standard irrigation controller --Rainbird PEDS-ESP-MC-32 or equal, pedestal mounted. 10. Electrical Pad and Transformer: See the attached sketch for new proposed location of the pad and transformer off Amado Rd. Field verify location, to be approved. Contractor shall paint the exterior cabinets of the transformer and the switchgear at the direction of the architect. Note, when the transformer is moved to this location (the opposite end of the site) the circuit wires that are oversized further from the switch for voltage drop will need to be reversed. 11. Wheel Stons: Sheet C2 shows wheel stops and lists a note 21 Wheel Stops. Please delete all references to wheel stops. Notes 3 and 4 provides direction to construct a modified Type Al curb and gutter. 12. Sheet L4-2 Detail#2 Demonstration Garden Sign: The sign detailed shrill be by KVO Industries, Slim Line Low Profile Product ID 2418 SL SLP-AL, with a rusted and waxed Corten steel finish, or approved equal. 13. Sheet 'Existing Site: Shows existing utility meter at the location of the water meter. Sheets C-1, C-2 & C-3 all have note 18 that says "install water meter". This note should read"connect 2 inch water line to existing meter". 14. Sheet C-3 third note in the box (upper right): Electrical conduits for the gate relocation shall be%11 minimum. Conduits shall be connected to existing electrical connections from the condominium, to be field verified by contractor. See attached sketch for approximate location. 15. Sheet C-3 and Sheet Ll-1. Note 7 refers to landscape architectural plan for color and finish of the cross walks. Sheet Ll-1 calls out the cross walk as detail 1.5, this should be called out as detail 1.1 to match color, finish and jointing of existing cross walk going north and south on Amado Rd.just east of this work site. 16, Flat Work Concrete Thickness: Details 1 and 2 on sheet L4-1 call out the flat work concrete to be 6" thick over 4" of base; change that to 6" thick concrete over compacted native. This change does not apply to the cross walls areas. i PALM SPRNGS iNTHRNATTONAL AIRPORT CP 3 07-09.file-06.0151-03 AODENDUM NO.I Please note that this Addenda No. 1 is made up of three type written pages, two substitute Base Bid Schedule sheets, and three 8 '/z X 11 sketches. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA ? WO Craig L. Glad , C.P.M. Dated Procurement and Contracting Manager I ADDENDUM ACKNOWLEDGMENT: Acknowledgment of Receipt of Addenduln I is required by indicating receipt on Page 2 of the Bidding Packet (Yellow Sheets). Failure to acknowledge this Addendum may result in your proposal being deemed non responsive. PALM SPRINGY INTERNATIONAL AIRPORT 3 CP 3 07-09,AIP3-06.OISl-03 AMP 5NDUM NO.1 BASE BID SCHEDULE Schedule of Prices for Construction of JACKIE LEE HOUSTON PLAZA AT THE PALM SPRINGS CONVENTION CENTER PROJECT NO.08 48 In Palm Springs, California Item Description Quantity Unit Unit Price Total 1. Site Prep&Clearing 1 LS $ 2. General Site Grading 1 LS $- 3. Mobilization 1 LS $ $ 4. Asphalt Concrete (Vehicular) 1,450 Sr $ $ 5. Curb and Gutter 500 LF $ $ 6. Curb Ramp 2 EA L-- $ 7. Standard Driveway Approach 1 EA $ $ 8_ CIP Concrete Band (6") 1,200 LF $ $ 9. Stabilized DG Path 3,300 SF $ $ 10. CIP Concrete Paving 18,500 SF $ $ 11. Wheel Stops 7 F� — 12. CIP Concrete Seatwall 425 LF $ $ 13. DG (Planting Mulch) 115 CY $ $ _ 14. Decorative Stone Mulch 6,400 Sr $ $ 15. Boulders (Import) 1 LS $ $ 16, Boulders (On Site) 1 LS �_ $_ 17. Imported Fill 1 LS $ $ 18. Landscape Irrigation 1 LS $ $ 19. Shrubs (5 Gallon) 187 EA $ 20- Shrubs (1 Gallon) 339 EA 21, Phoenix dactylifera 20' 8 EA $— $ 22. Washington filifera 10'-12' 2 EA $ $ 23. Washington filifera (salvaged) 1 LS $ $ 24. Trees 1 LS $ $ 25. Ground Cover 1 LS $ $ 26. Turf 1 LS $ 27. Ocotillo 13 EA $ 28. Barrel Cactus 107 EA $ 29. Bike Rack 1 LS $ I BID SCHEDULE BID FORMS 30, Ornamental Metal Fence 575 LF $ $ 31. Boulder Monument Sign 2 EA $ $ 32. Interpretative Sign 2 EA �_ $ 33. Removable Bollard (install only) 1 LS $ $ 34. Electrical and Lighting 1 1_5 $ $ TOTAL BID PRICE $ (Price in figures) (Price in words) POTENTIAL DEDUCTIVE ITEMS: Item Description Quantity Unit Unit Price Total 1. Electrical Deduct: Two "D" Fixtures (100 amp receptacles and associated conduit/wire, and circuit breakers). The fixtures that are to be deleted are identified on Electrical Drawing E2 as"E2" and "E4". $ $ 2. Electrical Deduct: Reduce main service switchboard capacity from 600 amps to 400 amps- BIDDER, BY: Signature TITLE: DATE: I Quantities of Work: The quantities of work or material stated in the unit price items of the Bid Schedule are supplied only to give an indication of the general scope of the work.The City does not expressly nor by implication agree that the j actual amounts of work or material will correspond herewith, and reserves the right after award to increase or decrease the quantity of any bid item, by an amount up to 25 percent of increase or decrease,without a change in the unit prices, and shall have the right to delete any bid item in its entirety, and receive full credit in the amount shown in the Bid Schedule for the deleted item of work. i Name of Bidder or Firm BID SCHEDULE BID FORMS + + 1-10 C28 aft C29 2\ 0 829 r133§ C34 C45 C42 L21 Ll C41 @ C35 633 fl 'C67 C40 jj �L14 12 f M B34 Ll C, 1330 C44 C39 c 6 L16 B35 C3 \1 L22 L7 9+00 MM2 C64 Jackie Lee Houston Plaza At The Palm Springs Convention Center P.O.Box SM6 Palm Springs, CA 12 8 r.t�e[.qtr"i,suite 3E Hevacia 89449-5666 Addendum to Sheet -6-1 (Bou Ider Lo catIons) r t775�565492D UM Date Scale F.'miwla=(77,53 508 1559 Sheet t 4i5115 m, cte'-' ; 1' ` C2a,, \ f _ FI L D VERIFY EXACT 1 eat . u i ` LOCI,ATION OF ELECTRICAL `B93 � PAb�ANd TRANSFORMER. eft GG4\ �C21 I C22 C2 -- PLCH TO EXISTINT �1 �'� ! �'•� 1 SIDEWALK G26 C27 ` '�� i �C33 exs C28 m_ 2 I o hl. f cgs + Jackie Lee Houston Plaza At The Palm Springs Convention Center P.O.Boxeeee Palm Springs, CA 52a Market 5lraat,SuAe 3E S 611ne,liovada BB4d45e66 Addendum !o Sheet 1-5-1 [Electrical Transformer Localton] Wa 775)5B 9 Drawn/Checked Pro.Num. Dale Sheet Scale FacslmSx(775}566 t559 45P5 825t2dW I 10F1 I 1^-20'.0" RELO"CA IRE Er pr— RELOCFjFED GAT HA7�lI L 8 / I'II L T OT M fQ CON E f0 �l T a / � / / ELECTRICAL CONDUIT k r .f� \\ RELOCATED GAT E`I CHAN t BOX rV c �J J 1, a • ' + ' Jackie Lee Houston Plaza At The Palm Springs Convention Center P.O.BOx5H6 Palm Springs, CA 12a Markel Slreel,Euite]E &Moline.Nawada 0 48-5669 Addendum to Shoat E2 (Electrical Layout for Gate Refoca lion) r&I¢Relo Albn a eaistrg gale u by ehem p7515B6.5929 Facslmle[775]SB&1559 �DrawniCheckod Pro' Nurn. Date I Sheet I cale 4S5 RRV2dJ9 I 10F1 7•=20`.6' FB004 9/9/2009 5: 10: 58 PM PAGE 2/008 Fax Server pl' P CITY PROJECT#08-18 PALM SPRINGS CONVENTION CENTER JACI IE LEE HOUSTON PLAZA ADDENDUM NO. 2 !� THIS ADDENDUM SHALL TAKE PRECEDENCE OVER ANYTHING CONTRARY ON TILE PREVIOUSLY ISSUED PLANS, SPECIFICATIONS .AND INSTRUCTIONS AND SHALL BE REFERRED TO HEREINAFTER AS PART OF THE CONTRACT DOCUMENTS. Section 1—Answers to bidders questions: L . Reference Sheet L4-1, Detail ##1: "Sandblasting a granite boulder 3/8" deep is impassible." The bidder is miss-interpreting the plans, the letters are to be post stand-off mounted to monolithic boulder. 2. On Plan Page L4-2, details i and 2, a boulder sign and a demonstration garden sign are identified. Detail 2 refers us to see manufacturers spec. See item 12 addenda No I and see Item 1 this addenda. Section 2—Addenda notes and clarifications: I. Sheet L4-2, Detail#I,has a note that states "Use selected on site boulders". This is refereeing to the two large boulder signs that are in the project. The note should read"Contractor to supply new boulders selected by the architect for the two sign boulders." 2. General Note: Contractor to provide for all necessary surveying to ensure proper layout and construction of the project. 3- General Note: Contractor shall provide and install a Pedestrian Activated Flashing Beacon (Solar Powered Flashing Beacon System) at the paid-block crosswalk in front of the Convention Center on Calle Alvardo. The beacon system shall be the Spot Devices SB100 solar beacon (Contact information: Spot Devices, Inc. (888) 520-0008, inforkspotdevices.com, www.spotdevices.com ) or approved equal. Total light emission per beacon shall be greater than 678 ed. The beacon shall draw attention 1 mile during the day and 5 miles during the night. The beacon shall be wirelessly activated by pedestrians via its controller. The controller shall be compatible with Windows-based software that allows the beacon to be configured with any of a variety of flash patterns. The wireless communication radio shall allow selection of one of six sub-channels within the 976 MHz frequency range to minimize potential radio interference. This work item shall include the acquisition and installation of four pedestrian signs to go with the flashing beacon system and shall be installed using telespar posts and anchor sleeves. Payment for this work.item shall be made at the unit cost listed under bid item 3!"Fed Activated Flashing Beacon". 1 FB004 9/9/2009 5 : 10:58 PM PAGE 3/008 Fax Server i pd f i 4. Bid Schedule: Please note that a new Bid Schedu)e(two sheets)arc attached to this addendum and shall substitute for the two bid sheets issued under addendum #1. Please note that item # 35 "Ped, Activated Flashing Beacon" and item # 36 "Plan Check Allowance" set at $5,000 (Note: The project will not clear plan check prior to bid date, thus the allowance is established to cover any potential costs), are added to the bid schedule. 5. Sketch_ Please note that there are revisions to the grading plan which are depicted on the attached three (3), 8 % X Il sketches. The revisions are the addition of three (3) retention basins. These revisions shall be incorporated into contractors bid under Bad Schedule item tl 2 "General Site Grading". Please note that this Addenda No.2 is made up of two(2)type written pages,two (2) substitute Bid Schedule pages and three(3) sketches. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA Craig L. GI de , C.P.M. Dated Procurement and Contracting Mauager ADDENDUM ACKNOWLEDGMENT Acknowledgment of Receipt of Addendum 2 is required by indicating on Page 2 of the Bidding Packet (Yellow Sheets). Failure to acknowledge this Addendum may result in your proposal being deemed non-responsive. 2 FB004 9/9/2009 5 : 10 :58 PM PAGE 4/008 Fax Server C BASE BID SCHEDULE r € Schedule of Prices for Construction of 3 JACKIE LEE HOUSTON PLAZA AT THE PALM SPRINGS CONVENTION CENTER (ppp PROJECT NO.08-18 ` In Palm Springs, Califomia t t 4 Item Description Quantity Unit Unit Price Total 1. Site Prep&Clearing 1 LS -$--- _ $ 2. General Site Grading 1 LS _ $ S. Mobilization 1 LS $ $ 4. Asphalt Concrete (Vehicular) 1,450 SF 5. Curb and Gutter 500 LF $ _ $ 6. Curb Ramp 2 EA $ $ 7. Standard Driveway Approach 1 EA $ $ S. CIP Concrete Band (6") 1,200 LF $ $ 9. Stabilized DG Path 3,300 SF $ $ 10. CIP Concrete Paving 18,500 SF $ $ i-1. Wheel-S# Ps 7 12. CIP Concrete Seatwall 425 LF $ $ 13. DG (Planting Mulch) 115 CY $ $ 14. Decorative Stone Mulch 6,400 SF $ $ 15. Boulders(Import) 1 LS $ $ 16. Boulders(On Site) 1 LS $ $ 17. Imported Fill 1 LS $ 18. Landscape Irrigation 1 LS $ $ 19. Shrubs(5 Gallon) 187 EA $ $ 20. Shrubs 0 Gallon) 339 EA $ $ 21, Phoenix dactylifera 20' 8 EA $ $ 22. Washington filifera 10'-12' 2 EA $ $ 23. Washington filifera (salvaged) 1 LS 24. Trees 1 LS $ $ 25_ Ground Cover 1 LS $_ 26. Turl' 1 LS $ $ 27. Ocotillo 13 EA $ $ 28. Barrel Cactus 107 FA $- - $ 29, Bike Rack 1 LS $ S 61D SCHEDULE 81D FORMS FBOO4 9/9/2009 5 : 10 : 58 PM PAGE 5/008 Fax server 30, Ornamental Metal Fence 575 LF $ $ 31. Boulder Monument Sign 2 EA $ (using existing on site boulders) j 32_ Interpretative Sign 2 EA $ $ 33. Removable Bollard (install only) 1 LS $ p 34. Electrical and Lighting 1 LS $ { 35. Ped.Activated Flashing Beacon 1 LS $ $ 36. Plan Check Allowance 1 LS 5 000 $5,000 TOTAL BID PRICE (Price in figures) (Price in words) POTENTIAL DEDUCTIVE ITEMS: Item Description Quantity Unit Unit Price Total i 1. Electrical Deduct: Two "D" Fixtures (100 amp receptacles and associated conduit/wire, and circuit breakers). The fixtures that are to be deleted are identified on Electrical I Drawing E2 as "E2" and "E4". $ $ 2. Electrical Deduct: Reduce main service switchboard capacity from 600 amps to 400 amps. BIDDER BY: Signature TITLE: VATE: Quantities of Work: The quantities of work or material stated in the unit price items of the Bid Schedule are supplied only to give an indication of the general scope of the work. The City does not expressly nor by implication agree that the actual amounts of work or material will correspond herewith, and reserves the right after award to increase or decrease the quantity of any bid item, by an amount up to 25 percent of increase or decrease,without a change in the unit prices, and shall have the right to delete any bid item in its entirety,and receive full credit in the amount shown in the Bid Schedule for the deleted item of work. Name of Bidder or Firm BID SCHEDULE BID FORMS *Tj 0 o L71377NG CURB (PROTECT) 0.00 Tc 50. (,tg.50 EXISTING 'TG�UHER 8 (PROTECT) (49.62 V 'ZAW'-Hr 0.13 OJ FQ ,49r F2 XSTI)VG is -URB [0 AREA Rs 49.9 498� 00 49.4 5 TEO pr Ls PRO (PROTECT} 49.. n IN > 49 61 J %/ LS 7 I j 4 4 1! U'r LINE 7 77 9.57 7FRO m 43. 3 CL co R-2 48.jT4-re)— iMm Wr !7.90 FL} 94 a) AND JGOTER� 497 49.27 FL p Nl� ROPOSED BASIN #2 • • PROPOSED ExisrlNc CONDO �. LANDSCARA S SbJ� l r Si (5L63 !! S4.g r • co • o • ro o � J F- `� t 52.9.9 FG • 523 fG 523 fG \� Q� • h� y� '� L 3 (522 fCJ 25co �, o 2 T. .+ ITJ 0 ruRFAR—FA. u i!', 5315 FS 5 N I 20 n is so .w P4 U� �\ �\N0 \I ( FH FEET } Ex Ng CDN� \ \'��A 1 iaeh = 20 iG ro� RCS, 7 s�eLE • FOR AREAS BEYOND �(51.6i F � + 59.7 EGf •PROPOSED FENCE \ co ZON \ (54 EG rS � , S�J�\� J• E aJ, \ \ u8 � o F Ifi s.. �52.3 EG • t� aQ •'> PRO OSfN (54.6 EG) 00 ° � 2�• � FENCE � m _ I�`� r'•`.:,. ,, 6E a EA \ PROPOSED is s� BASIN #3 ExlsnruG D'ISnAV CONDO !( E( DT to 9 SR . LANDSCAPING N Oa ca o R�aRFa+ Fc : - Asa Fs ;, 9 :s PROP • d }e r FEN / rA 9 sue\"• '�. ;' .::%. 3'"_i':,' 'r � �/ � 4 4 i f1}P) S '. ,. 54.6 EG� h tjY G C7J \ BEAMED AREA tS 0 STATE OF CALIFORNIA- DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF APPRENTICESHIP STANDARDS TO: California Department of Industrial Relations Division of Apprenticeship Standards P.O. Box 420603 San Francisco California 94142 FROM, AWARDING AGENCY EXTRACT OF City of Palm Springs PUBLIC WORKS CONTRACT AWARD 3200 E. Tahqui.tz Canyon Way Palm Springs, CA 92262 A CONTRACT TO PERFORM PUBLIC WORKS UNDER LABOR CODE SECTION 1777.5 HAS BEEN AWARDED TO: 2. NAME OF GENERAL CONTRACTOR 3. CONTRACTOR'S LICENSE NO Doug Wall Construction, Inc. 743112 4. MAIL ADDRESS(STREET NUMBER OR P.O. BOX) 5. CITY 78450 Avenue 41 Bermuda Dunes 6. ZIP CODE 7. TELEPHONE NUMBER 92201 760-772-8446 8. ADDRESS OR LOCATION OF PUBLIC WORKS SITE(INCLUDE CITY ANDIOR COUNTY) Palm Springs Convention Center Plaza 9. CONTRACT OR PROJECT NUMBER 10. DOLLAR AMOUNT OF CONTRACTAWARD CP 08-18 s $521,721.99 11 STARTING DATE(ESTIMATED OR ACTUAL) 12. COMPLETION DATE(ESTIMATEO OR ACTUAL) MONTH DAY YEAR MONTH DAY YEAR 10 / 01 / 2009 ('USE NUMBERS) 01 / 01 /2010 1 (USE NUMBERS) 13. TYPE OF CONSTRUCTION(HIGHWAY,SCHOOL,HOSPITAL,ETC.) 14. Plaza-Handscape/Landscape F—xl NEW CONSTRUCTION F-1 ALTERATIONS 15. CLASSIFICATION OR TYPE OF WORKER(CARPENTER,PLUMBER,ETC.) THAT WILL BE EMPLOYED BY THE CONTRACTORS) Grading Landscaping Fencing Concrete-Flat work Street Improvements 16. Is language included in the Contract Award to effectuate the provision of section f Yes �X No 1177.5,as required by the Labor Code?................................................................ LJ Is language Included In the Contract Award to effectuate the provisions of Section I^� Yes ® No 1776,as required by the Labor Code7------------------------------------------------------------------ L J 17. SIGN E 18, TITLE 19. DATE p , I Manager 9129109 20. P ORTYPED M 'c•�—� 21. TELEPHONE NUMBERS Craig L. Glad ers Manager, Procurement&Contracting 760-322-8368 Duplication of this form is permissible DAS 13(rev.5101) r City of Palm Springs, CA Pr=rEf116il Cwke .ig avisim Bid Abstract BID ABSTRACT Vendor& Bid Amount Vendor& Bid Amount Vendor&Bid Amount Vendor& Bid AmountlVendor& Bid Amount PROJECT NO CP 08-18 Tessera Doug Wall Constr. Contreras Constr, Canyon Springs Sierra Landscape I PROJECT NAME: Jackie Lee Houston Plaza • PS Convention Center DUE DATE: 09114109 I Total of all Items $fi06,470.00 $5211721.99 $617,232.00 $607,392.00 $611,182.00 I I I I I i s I , I i I I BID TOTAL AMOUNT $606,470.00 $521,721.99 $617,232.00 $607,392.00 $611,182.00 I I I I k Whitnessed By: Date: p 1 City of Paim Springs, CA Prceu, L Cmkwfing Drisim Bid Abstract BID ABSTRACT Vendor& Bid Amount Vendor&BW Amount Vendor& Bid Amount Vendor&Bid Amount Vendor&Bid Amount I PROJECT NO CP 08-18 Elite Landscape Dateland Constr. MG Enterprises C.S. Legacy Constr. Asphalt Pros. I PROJECT NAME: Jackie Lee Houston Plaza PS Convention Center DUE DATE: 09/14109 Total of all Items $658,683.50 $568,691.78 $663,790.50 $670.700.00 ! $689,224.00 I I I I I i I I I I I • I I l i I BID TOTAL AMOUNT $658,683.50 $568,691.78 $663,790.50 $670,700.00 $689,224.00 Whitnessed By: Date: ! O 2 City of Palm Springs, CA Rc rawril Cmka rng eiY151an Bid Abstract BID ABSTRACT Vendor& Bid Amount Vendor& Bid Amount Vendor& Bid Amount Vendor& Bid Amount Vendor& Bid Amount PROJECT NO CP 08-18 Riviera Building GHA Enterprises Tri-Star Contracting Davis &Adams Dalke&Sons I PROJECT NAME; Jackie Lee Houston Plaza i PS Convention Center DUE DATE: 09114/09 I Total of all Items $595,375.00 $550,000.00 $692,497.00 $579,487.00 $581,255.00 I I i I i i I • I I I I I i BID TOTAL AMOUNT I $595,375.00 $550.000.00 $692,497.00 $579,487.00 $581,255.00 I Whitnessed By: Date: 3 City of Palm Springs, CA PmumTRO Cm trxfing Mw,-on Bid Abstract B I a ABSTRACT JVendor&Bid Amount Vendor&BId Amount Vendor&Bid Amount Vendor&Bid Amount iVendor& Bid Amount PROJECT NO CP 08-18 Desert Concepts I PROJECT NAME: J Jackie Lee Houston Plaza P5 Convention Center DUE DATE: 09114/09 Total of all Items $586,492.00 i I I I I i li I I BID TOTAL AMOUNT J $586,492.00 Whitnessed By: I Date: p 4