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HomeMy WebLinkAbout05807 - CALIFORNIA SURFACING BASKETBALL AND TENNIS COURT RESURFACING CP 08-24 I CITY OF PALM SPRINGS CALIFORNIA 0 11f" P.O.Box 2743,Palm Springs,California 92263,(760)323.9253 Department of Public Works and Engineering NOTICE OF ACTION FOR: 0 PUBLIC AND/OR 0 PRIVATE IMPROVEMENTS TO: California Surfacing Company,Inc AC.CP.PTANCE DATE: July 7,2009 4457 Oak Lane PROJECT: Tennis and Basketball Court Claremont,CA 91771 Resurfacing,CP 08-24 AGREEMENT NO. 5807 MINUTE ORDER NO. I his is to inform you that a Notice of Completion has been filed and recorded on the above-named project. PUBLIC IM P ROV EM F.N I S PRIVATE IMPROVEMENTS Curbing L.F. Curbing L.F. ARHM Street Paving_ S.F. Street Paving- - S.F. Sidewalks S.F. Sidewalks S.F. Driveway Approaches S.F. Driveway Approaches-_ S.F. Bike Paths LA. like Paths S.F. ScwLT Mains L.F. Sewer-Mains L.F. Sewer Laterals L.F. Sewer Laterals L.F. Adjust Sewer Manholes EA. Sewer Manholes _ EA. Storm Drains L.F, Storm Drains L.F. Survey Monuments EA. Survey Monuments EA. Adust Water Valve EA, Athletic Court Resurfacing L.S. Location: Ruth Hardy Park Basketball Court, Sunrise Parked Basketball.' grs,J)c truth Park Tennis Courts _ C.P.S. Drawing No(s). Permit No. Contractor(s)actually doing the work California Surfacing Company Inc. Notify your bonding company/bank to release the following bonds: No.•„$„U,I_I10U22,_,,,,,• in the amount ofS38,500.00 _____„••„_, Perktrmanccp$'.Z7^—A010_ No. SU 1101322 in the amount of$38,500.00 Payment OR-d9-0009 inlheamountof$ _ Monuments No. in the amount of$ _ Maintenance Security No. in the amount of$ Correction& Repair Construction bond in the amount of$ for EnginmT:•.,_„-_C_-L1y„, GINEER Band Co./Bank: Arch Insurance,Co. Comments: T• .723.OQ�,,,,,,,-,�...- _•_,. Submitted by:- � --,,, Dated:- Senior Public Works inspector Approved by: :�l Dated: 7 �n Director of Public Works/City Enginmr Di.sMbution:Original to Engineering CP File;Copies to:Addressee City Clerk,NOA Binder,Sucet Maintenance Manager,Building,and Facilities Index No. 0914 y'v�"`h�� L c,c�1 �0` / U DEC # 2009-044$ 74 08/27/2009 08:0014 Fee:NC Page f of 1 Recorded in Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder IIII II I I III I II I � I I I III III II I III II 5 R U PAGE SIZE DA MISC LONG RFD COPY Recording Requested By And When Recorded Return To: M A L 465 426 PCOR NCOR SMF 'H EXAM City of Palm Springs Attn: City Clerk �,,p P.O. Box 2743, Palm Springs, CA 92263-2743 n��F{6 CC T: CTY UNI ZiCJ-t (SPACE ABOVE THIS LINE FOR RECORDING USE) (EXEMPT FROM RECORDING FEE PER GOV C0o6§6103) _ NOTICE OF COMPLETION NOTICE IS HEREBY given that: l. The City of Palm Springs,California,is a municipal corporation,organized and incorporated pursuant to the laws of the State of California. 2, The City Clerk of the City of Palm Springs is authorized and directed to execute,on behalf of said City,any and all Notices of Completion. 3. The address of the City of Palm Springs is City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California(P.O. Box 2743, Palm Springs, CA 92263-2743), 4. The public work of improvement on the hereinafter referred to teal property within the city was COMPLETED on the 7th day of July, 2009. 5. The name of the contractor(if named)for such work of improvement was: California Surfacing,Inc.,4457 Oak Lane,Claremont,CA 91711 6. The public work of improvement,which was completed in the City of Palm Springs, County of Riverside, Stare of California, is described as follows: Basketball and Tennis Court Resurfacing 7. Nature of Interesu Flee Owner 8. The property address or location of said property is: Sunrise Park, Ruth Hardy Park and Demuth Park, Palm Springs 9. City Project No. 08-24, Agreement Number: 5807 5n (/✓� �/y CITY OF PALM SPRINGS: REVIEWED BY:, I M Y .2 DATED: �'Zd' D Senior Public Works Inspector Michael K. Lyraf r p BY: ��G —�_ DATED: Director of Public Works/City Lngineer David J. Barakian JAMES THOMPSON, being,duly sworn, says: That be is the City Clerk of the aforesaid City of Palm Springs, California, the corporation that executed the foregoing notice; that he makes Us verification on behalf of said corporation; that be has read the foregoing Notice of Completion, and knows die contents thereof, and that the facts stated therein are true; that as said City Clerk, he makes this verification on behalf of said municipal corporation. City Clerk-James Thompson Index No. 1409 CITY OF PALM SPRINGS CONTRACT CHANGE ORDER To: The California Surfacing Co. Dare: August 5,2009 4457 Oak Lane Project No.: 08 24 Claremon[, CA 91711 Project. S[ Ball and Tennis Court Resurface Change Order No.: One (1) Contract Purchase No.: 09-0862:0 Account Number: 261.2494.51551 Agreement No.: 5807 CTLANGES IN WORIQCOST Increase/Decrease to Contract Quantities A. Installation of Expansion Joint Material Lump Sum $2,028.00 13- Pickle Ball Striping Overlay Lump Sum S250.00 C- Color Change U.S. Open Blue Lump Sum $945.00 D. Reduction for Work Not Performed Lump Sum (-$1,000-00) Total- Change Order Increase Amount $2,223.00 REASONS FOR CHANGES: A. This item is for the placement of expansion joint material at the Demuth Park termis courts and the Ruth Hardy Park basketball court. Original specification required rigid crack fill material be placed in the joints. This was discouraged by the Contractor due to the likelihood that the rigid material would push out of the joint when the surface expanded due to heat. This item involved the installation of urethane caulking material over foam backer rod, and is inclusive of all costs including cleaning and preparing of the joints prior to urethane calking. B. One of the temiis courts at Demuth Park was painted with a 'pickle ball' striping overlay in an alternate color. This court can now be used 1'or 'pickle ball' and tennis- This items compensates the Contractor For the additional lay-out and striping. C. This project originally called for standard colors of green and red. At the request of the Parks Department, alternate colors were chosen. This item compensates the Contractor for the difference in cost between the specified colors and the 'US Open Blue' color that was utilized. D. The basketball court at Ruth Hardy Park had extensive amounts of cracking,off grade concrete and low spots on its surface resulting in areas that hold shallow puddles of water. Project Specifications required that they be filled in order to facilitate surface flow. The Contractor argued that the condition of the court would not allow for water to flow and that to attempt to move the water would result in numerous thin patches on the surface that would be likely to break apart and cause problems in the future. It was agreed that the patches would not be applied. This item is a credit to the contract for the work that was not perforned- Note: No additional mark ups will be added to any item on this Change Order. All costs are final. 1 D. SOURCE OF FUNDS Account No. 261-249451551 will be utilized. Summary of Costs Contract Time Original Contract Amount: $38,500.00 Original Completion Date: July 7,2009 This Change Order: $2,223.00 Days Added for this C.C.O.: —o— Previous Change Order(s)- $o Previous Days Added: —o— Revised Contract Amount- $40,723.00 Revised Completion Date: July 7,2009 I have received a copy of this Change City Ap Vail Order and the above AGREED PRICES are acceptable to the contractor. Submitted by Date g "/V" ' �J Senior Public Works Inspector By Approved by � Datz S` ✓C,0, retractor:Cal Surfacing City-Engineer Approved 4cpartment�� DatDate Approved byf T Date Attested ty Clerk Distribution: Original-Executed Copies Conformed-File Conv Contractor (i) ]Engineering File (t) City Clerk (t) Senior Public Works Inspector (x) Finance (t) APPROVED BY CR COUNCIL .,.- k l0 V� --Nta 1 2 AGREEMENT THIS AGREEMENT made this 6L day of , 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 California Surfacing, hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -- THE WORK The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the City's Contract Documents entitled: BASKETBALL AND TENNIS COURT RESURFACING CITY PROJECT NO. 08-24 The Work is generally described as follows: The complete resurfacing of one (1) basketball court located at Ruth Hardy Park, one (1) basketball court located at Sunrise Park and four (4) tennis courts located at Demuth Park in the City of Palm Springs, as identified in the Appendix; miscellaneous repairs and improvements as identified in the project specifications; complete basketball and tennis court re-striping; net post replacement and painting, center strap-holder replacement; and all appurtenant work. ARTICLE 2 -- COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum of $690 for each calendar day that expires after the time specified in Article 2, herein. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to liquidated damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed. w'1 BASKETBALL AND TENNIS COURT RESURFACING �r'W�"j U'7V'� 5'Pllt'��i..�li�JJ'1 d AGREEMENT FORM CITY PROJECT NO.08.24 AGREEMENT AND BONDS-PAGE 1 12/15/08 ARTICLE 3 -- CONTRACT PRICE $38,500.00 Bid Schedules A, B and C The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid and Bid Schedule(s). ARTICLE 4-- THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers 01 t0 01 , inclusive, and all Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5 -- PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the Engineer or the City as provided in the Contract Documents. ARTICLE 0 -- 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. BASKETBALL AND TENNIS COURT RESURFACING AGREEMENT FORM CITY PROJECT N0,08-24 AGREEMENT AND BONDS-PAGE 2 12/15/08 IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. APPROVED BY THE CITY COUNCIL: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Date Agreement No- City Clerk APPROVE 5 TO FORM: By City Attorney Date 2-3.)-.V1v f CONTENTS APPROVED: By City Engineer Date By - APPROVED BY CITY COUNCIL City Ma p 0� Date d Not so Exceed $el da Without The Express Written Authorization of ThF city Manager., BASKETBALL AND TENNIS COURT RESURFACING AGREEMENT FORM CITY PROJECT NO.08-24 AGREEMENT AND BONDS-PAGE 3 12/15/08 Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. CONTRACTOR: Name: California Surfacing Check one: X Individual_Partnership_Corporation Address: 4457 Oak Lane Claremont, CA 91711-2130 By: By: Si ure (notarized) Signature (notarized) Name: (DtC PciR� S' l z5 (d" Name: Title: 0 r Title: (This Agreement must be signed in the above This Agreement must be signed in the above space by one of the following: Chairman of the space by one of the following: Secretary, Chief Board, President or any Vice President) Financial Officer or any Assistant Treasurer) State of (�OA(40 M ICA n State of u County of L05 7SS County of LISS On On before me, f-U�dt'C before me, personally appeared y2iC S< ��u; FE( personally appeared who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory evidence to be the persorra(<whose names evidence to be the person(s) whose name(s) islate- subscribed to the within instrument and is/are subscribed to the within instrument and acknowledged to me that he/94=v ey—executed acknowledged to me that he/she/they executed the same in his/4ef49m it authorized capacitykkw4, the same in his/her/their authorized capacity(ies), and that by his/Ner/their signatures(s-)- on the and that by his/her/their signatures(s) on the instrument the persor(4 or the entity upon behalf instrument the person(s), or the entity upon behalf of which the person* acted, executed the of which the person(s) acted, executed the instrument. instrument. I certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing laws of the State of California that the foregoing paragraph is true and correct. paragraph is true and correct. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: � �. � Notary Signature: Notary Seal: Notary Seal: M. RUIZ Commission * 1752684 -r Notory Public -California ' Los Angeles County Curet, N�v30,2011 BASKETBALL AND TENNIS COURT RESURFACING AGREEMENT FORM CITY PROJECT NO.08-24 AGREEMENT AND BONDS-PAGE 4 12/15/08 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 C �0 A C,Pl - By i !r I 4 Title BASKETBALL AND TENNIS COURT RESURFACING CITY PROJECT NO.08-24 WORKER'S COMPENSATION CERTIFICATE 12/15/08 AGREEMENT AND BONDS-PAGE 5 BID BID TO: CITY OF PALM SPRINGS, CALIFORNIA The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City in the form included in the Contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled: BASKETBALL AND TENNIS COURT RESURFACING CITY PROJECT NO. 08-24 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. BASKETBALL AND TENNIS COURT RESURFACING CITY PROJECT NO,08-24 BID AGREEMENT 12/15/08 BID FORMS-PAGE 2 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 therefor the Contract Price based on the Lump Sum or Unit Bid Prices) named in the aforementioned Bidding Schedule(s)- Dated: i ` Bidder: I By: (Srg ure) li Title.- BASKETBALL AND TENNIS COURT RESURFACING CITY PROJECT NO.08-24 BID AGREEMENT 12/15/08 BID FORMS-PAGE 3 BID SCHEDULE A Schedule of Prices for the Construction of the: BASKETBALL AND TENNIS COURT RESURFACING CITY PROJECT NO. 08-24 Ruth Hardy Park Basketball Court Description Complete resurfacing of the basketball court at Ruth Hardy Park (as identified in the Appendix); miscellaneous repairs and improvements as identified in the project specifications; complete basketball court re-striping; and all appurtenant work. For the lump sum of- $ /�1 _ . � 11" -76.SCJ- 0CAI (Price in figure) I� (Price in words) ' vre Name of Bidder or Firm BASKETBALL AND TENNIS COURT RESURFACING CITY PROJECT NO.06-24 BID SCHEDULE A 12/15/08 BID FORMS-PAGE 4 BID SCHEDULE B Schedule of Prices for the Construction of the- BASKETBALL AND TENNIS COURT RESURFACING CITY PROJECT NO. 08-24 Sunrise Park Basketball Court Description i Complete resurfacing of the basketball court at Sunrise Park (as identified in the Appendix); miscellaneous repairs and improvements as identified in the project specifications; complete basketball court re-striping; and all appurtenant work. For the lump sum of. 500o . d (Price in figures) (Price in words) Name of Bidder or Firm BASKETBALLAND TENNIS COURT RESURFACING CITY PROJECT NO,08-24 BID SCHEDULE e 12115108 BID FORMS-PAGE 5 BID SCHEDULE C Schedule of Prices for the Construction of the: BASKETBALL AND TENNIS COURT RESURFACING CITY PROJECT NO. 08-24 Demuth Park Tennis Courts Description Complete resurfacing of the four (4) tennis courts at Demuth Park (as identified in the Appendix); miscellaneous repairs and improvements as identified in the project specifications; complete tennis court re-striping; net post replacement for (1) one tennis court; net post painting; center Strap- holder replacement; and all appurtenant work. I i For the lump sum of: -22- L) g /(Price in figures) (Price in words) TOTAL OF BID SCHEDULE A THROUGH C, INCLUSIVE (BASIS OF AWARD): S,)0 , o0 (Price in figures) 'b ti r C�V- Price in words Name of Bidder or Firm BASKETBALL AND TENNIS COURT RESURFACING CITY PROJECT NO.08-24 BID SCHEDULE C 1211510E BID FORMS-PAGE 6 INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS I 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. Contractors Percent License of Total Work to be Performed Number Contract Subcontractor's Name&Address 1 2 i 3. F 4. i" r P I 5. • A 6. F/ 7. r ftl I BASKETBALL AND TENNIS COURT RESURFACING CITY PROJECT NO.08-24 •12115103 LIST OF SUBCONTRACTORS BID FORMS-PAGE 7 'I NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER I AND SUBMITTED WITH BID �I State of California ) ss. County of Los �5n,�de.5 ) J being first duly sworn, deposes and says that he or she is nUvY"C of ( i 46(nlT, Surma iR 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 L ✓ ;ek'5�0 Address 4`J S 7 �iY/ BASKETBALL AND TENNIS COURT RESURFACING CITY PROJECT N0,08-24 NON-COLLUSION AFFIDAVIT 12/15/08 BID FORMS-PAGE 8 ALL-PURPOSE ACKNOWLEDGMENT State of ca�t-f-o V) t Cif County of LGS A V-" et es On Jo.v�Ca�v( ial' 2c&1 before me, N1 • 6C�� ;Z1 'N� �� ^yb 1 C Date - ame,Title of Officer personally appeared l clnc?tf-b S NAMEXOF SIGNER(W who proved to me on the basis of satisfactory evidence to be the person whose,�n-a�-meN is/are-subscribed to the within instrument and acknowledged to me that he/sheFt"executed the same In his/NeFA4e M authorized capacity4o-*, and that by his/hadtheir signatures* on the instrument the persorr*, or the entity upon behalf of which the person(Ki acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. F M. Ru¢ •K^', Commission # 1782684 ignature of tary t . IJOtory Public -Cpllfotnia !os Angoies County MyCanm. NCJ30,2011 ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment,of this certificate to unauthorized document. Ikon CUlt75;ar A��C�oVi�--IITv '�e Xect� THIS CERTIFICATE Title or Type of Document L v C(Ch >i a S�brni l' U]t �1 81 MUST BE ATTACHED TO THE DOCUMENT Number of Pages-TWO DATE of DOCUMENT LV J DESCRIBED AT RIGHT: Signer(s) Other Than Named Above JVO D / BASKETBALL AND TENNIS COURT RESURFACING CITY PROJECT NO,08-24 NON-COLLUSION AFFIDAVIT-NOTARY ACKNOWLEDGMENT 12/15/08 BID FORMS-PAGE 9 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. i 1. BIDD R/ ONTRACTgR'S Name and Street Address: rIG I C/cna�, U 2_ CONTRACTOR'S Telephone Number: P16ey ) Facsimile Number: CONTRACTOR'S License: Primary `"c Classification I D State License Number(s) 4L) �Z- Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bonds on this Contract: 1 " Name of Surety .�r� r��, St�ryu✓r i ,� .r Address 2-G Surety Company Telephone Numbers: Agent 1@619) -(21 Surety ( ) 9?� Gam- 3 Z 5. Type of Firm (Individual, Partnership or Corporation): na!'m�r rwR 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: BASKETBALL AND TENNIS COURT RESURFACING CITY PROJECT No.08-24 BIDDER'S GENERAL INFORMATION 12/15/08 BID FORMS-PAGE 11 1 i 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 6C"(L-r,r1 k Address �75 E Contact l z !I, Class of Work SL)J745? c) Phone Contract Amount_�a 006 Project Date Completed Contact Person Telephone number b. Owrier I U6 Address ) -77- �u� Avp Contact&oy (e;c r, Class of Work Y uJAGG �-i n Phone Contract Amount LiL coo Project Date Completed Contact Person Telephone number pG _ (�� &7? c_ OwnerU Addressers 1,v Contact �,--,;(a Fujrc�kg Class of Work Phone Contract Amount ",�{LUQ Project Date Completed Contact Person Telephone number 10. List the name and title of the person who will supervise full-time the proposed work foryourfirm: � a5i`raB - 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. BASKETBALL AND TENNIS COURT RESURFACING CITY PROJECT NO.08-24 BIDDER'S GENERAL INFORMATION 12A 5108 811)FORMS-PAGE 12 �\ ARCH INSURANCE COMPANY SU 5001854 BID BOND KNOW ALL MEN BY THESE PRESENTS:That we,California Surfacine,as Principal,and the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, and authorized to do business in the State of California as Surety, are held and firmly bound unto City of Palm Springs, as Obligee, in the sum of 10% of the total amount bid not t0 exceed Five thousand and 001/I00 ($5,000.00)lawful money of the United States of America, to the payment of which sum well and truly to be made, the Principal and Surety bind themselves, and each of their heirs,executors, administrators, successors and assigns,jointly and severally by these presents. The condition of this obligation is such,that,if the Obligee shall make any award t0 the Principal for Basketball And Tennis Court Resurfacin -Ci Project08-24 Bid Date:January 20,2009 According to the terms of the proposal or bid made by the Principal therefore and the Principal shall duly made and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with the ARCH INSURANCE COMPANY, as Surety or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure so to do,pay to the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond,then this obligation shall be null and void;otherwise it shall be and remain in full force and effect. SIGNED,SEALED,DATED:January 19,2009 Calif rma Surfacing Arch Insurance Company (Principal) (Surety) By: - �• �w--Q Raymond E.Gail,Attorney In Fact DIRECT CORRESPONDENCE TO: ARCH CONTRACTORS&DEVELOPERS GROUP,135 N.LOS ROBLES AVE.,STE.825.,PASADENA,CA 91101 PHONE(626)639-5200.FAX(626)639-5210 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On JAN 1 9 2009 before me, Stacia C. Baker, Notary Public Date Hera Insert Namo a0d Tllo Of the Officor personally appeared Raymond . Cai7. Nameis of signer(&) N/A who proved to me on the basis of satisfactory evidence to be the personM whose name(s) is/aFe subscribed to the within instrument and acknowledged to me that he/sgeAhey executed the same in his/gegth4 i4 authorized capacity(ies), and that by his/WAhek signature(&) on the STACIA C. BAKER t instrument the persona), or the entity upon behalf of Commiselon # 1776731 which the person(e) acted, executed the instrument. Notary Public .California € San Bernardino County I certify under PENALTY OF PERJURY under the laws CCMM ocf2v,zott of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official a]. Signature(L Placo Nalary eval AbovoSignature of Notary Pub OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Tftle(s): ❑ Partner—❑ Limited ❑ General _ _ ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact ❑Attorney in Pact ❑ Trustee Top of hum6 here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator 0 Other: ❑Other: Signer Is Representing: Signer Is Representing: 02007 NatonW Nafary Arocla0on•935o oo Soto Ave..P.O.Box 2408•Chais ith,0A 91313-2409.- n .NeOonelNofaryorg 9em95907 Foon)or.CallTbt-Free"Oo_e7f-aB In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1st day of May 2008 Arch Insurance Company Attested and Certified ��rancsj�, WRtORATE 'O V sUl r Nissoud r Martin '11dSecretary J.jrf Iselz Vice r side- STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Brian C.Kuhn, a Notary Public, do hereby certify that Martin J. Nilsen and J.Michael Pete personally known to me to be _the same persons whose names are respectively as Secretary and Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set COMMONNEAi.TH OF PWNSYLVANIA NOTARIALSEAI Brian C.Kuhn,Notary Public Brian C.Kuhn; NotaryPublic City o£Philadelphia,Philadelphia Couuty My commission expires12-06-2011 CERTIFICATION M commruionex irespcecmher06,20I1 I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated May 1, 2008 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J.Michael Pete,who executed the Power of Attorney as Vice President,was on the date of execution Of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and aft ed the corpe s I of the Arch Insurance Company on this day of IAN —9—M 20— �A Martin J. Nil ,Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors&Developers Group 135 N. Robles Ave.,Ste.825 Pasadena,CA 91101 c'°Yenta C WRNN.TE p�`O 00ML0013 OD 03 03 Page 2 of 2 Printed in U.S.A. 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.Tahquitz Canyon Way Palm Springs, CA 92262 A CONTRACT TO PERFORM PUBLIC WORKS UNDER LABOR CODE SECTION 17775 HAS BEEN AWARDED TO: 2. NAME OF GENERAL CONTRACTOR 3. CONTRACTOR'S LICENSE NO California Surfacing 4. MAIL ADDRESS(STREET NUMBER OR P.O. BOX) 5, CITY 4467 Oak Lane Claremont 6. ZIP CODE 7. TELEPHONE NUMBER 91711 909-621-2195 8. ADDRESS OR LOCATION OF PUBLIC WORKS SITE(INCLUDE CITY ANWOR COUNTY) Various City Parks within the City of Palm Springs 9. CONTRACT OR PROJECT NUMBER 10 DOLLAR AMOUNT OF CONTRACT AWARD CP 08-24 s 38,500. 11. STARTING DATE(ESTIMATED OR ACTUAL) 12. COMPLETION DATE(ESTIMATED OR ACTUAL) MONTH DAY YEAR MONTH DAY YEAR 05 1 24 12009 WSE NUMBERS) 06 1 17 12009 1 (USE NUMBERS) 13, TYPE OF CONSTRUCTION(HIGHWAY,SCHOOL,HOSPITAL,ETC.) 14• Basetball&Tennis Ct, Resurfacing 0 NEW CONSTRUCTION El ALTERATIONS 15. CLASSIFICATION OR TYPE OF WORKER(CARPENTER,PLUMBER,ETC.) THAT WILL 6E EMPLOYED BY THE CONTRACTOR(S) Painting Striping 1 B. Is language included In the Contract Award to effectuate the provision of sectlon Yes No 1777.5,as required by the Labor Code?................................................................ x Is language Included In the Contract Award to effectuate the provisions of Section s Ye Db 1776.as required by the Labor Code?.................................................................. , 17. SIGN U E 118. TITLE 19. DATE Procurement Mgr. 4124109 20. PRINTED O T AME 21. TELEPHONE NUMBERS Craig L Gladders Manager, Procurement&Contracting 760-323-8221 DUPIItahon of this form L permissible DAS 13(rev.5/01) City of Palm Springs, CA Pmcummenl Gontrwfing Owision ` Bid Abstract BID ABSTRACT Vendor&Bid Amount Vendor&Bid Amount Vendor&Bid Amount Vendor&Bid Amount Vendor&Bid Amount PROJECT NO CP 08-24 PROJECT NAME: Basketball &Tennis Court Resurfacing DUE DATE: 01/20/09 Total Schedule A Total Schedule B �5[00 , M Total Schedule C I , BID TOTAL AMOUNT (Schedule A through C) Whitnessed By. Date: r ao Check a License or Home Improvement Salesperson (ITS) Registration - Contractors Stat... Page 1 of 2 Department of Consumer Affairs Contractors State License`Board Contractor's License Detail - License # 404352 s ' , DISCLAIMER:A license status check provides information taken from the CSLB license database. Before relying on this information,you should be aware of the following limitations. %> CSLB complaint disclosure is restricted by law(S&P 7124 6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071 17, only construction related civil judgments reported to the CSLB are disclosed Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration >- Due to workload,there may be relevant information that has not yet been entered onto the Board's license database. License Number: 404352 Extract Date: 04/24/2009 CALIFORNIA SURFACING Business Information: 4457 OAK LANE CLAREMONT, CA 91711-2130 Business Phone Number. (909) 521-2195 Entity: Sole Ownership Issue Date: 05/01/1981 Expire Date: 05/31/2011 License Status: This license is current and active. All information below should be reviewed. CLASS DESCRIPTION Classifications: D47 TENNIS COURT SURFACING, PLAYGROUND SURFACING CONTRACTOR'S 90NP This license filed Contractor's Bond number SCS005935 in the amount of$12,500 with the bonding company Bonding: AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 03/02/2009 Contractor's Bonding History This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND. Policy Number: 1891841 Workers' Compensation: Effective Date: 01/01/2009 Expire Date: 01/01/2010 workers'Compensation History Mips://www2.cslh.ca.gov/OnlineServices/Checl<License/LicenscDetail.asp 4/24/2009 PUBL'IC,WORKS'CONT'RACTS BID RESULT CHECK LIST POR C"CLERK OFFICE: . AGR#` AMOUNT City PrOJECC,.NO:. © p [} MOfI DATE Dates Published„ /�! f �(] '%�,' , �./. DIV.IN A PN T �N 0 D. P o ICE. Y„ „•' Bid Dafei&';Time" CJ r 0 iPROJECTf, ri ��T / crr`�` f. %7/7/S �Ot�Yr✓J�/ �l�L SUCCESSFUL:" 1 U 6. 3.. ,t 10 g". I' I. I ,r ti' I 'IN OMPLETE h I �• CC an-re Onsivzr IN � w T C A R, D HECKt J R'e wired?r Y"� 'N AtracN lF raEoulpro =9 CONTRAC O AC,KG OUN C xn x q ( 1 . ' Affidavit of Mori-Qolluslon"�ignetl',&,`NotariedZ 'Yr C7„4" "''o;,' - ;`.j'I' dnforination.,re d " f b' er a cam leted7`-Y' CI g441�. R, ldd pa9. P_ .. Y'r: .1: Type &''Amo4nt aJnausance BequireS� �' ° . tT'' i✓u,l/T.''`' q �ljj UTTAp.Aa�o ®I I, ^,,Cont�actbrS'LiCfYISo.No.. ;' � � Z°.' Type(s1,- °y7 Status`TTr_z 1 ' ✓�'I,„ te77 r- . ,;'`r i' � '�"r� ' No' ofl daySQo cp(nP,lete'wiwo�k ` '�d'-, ;r''Working'r;; Ct`'` Calendar"'' a,EstimatedStart':D,ate: ���%/�+)r,' �r�� " �L'Q2g`',`r,Estima'teIdCompletion' Date: NO.of day&'"in'vyhich tD execute'GOntraCt aftQr.NOtiC'C Ofli.;- - �' "Award,(data City tlpr, tranarrliis contril f.........il il: a'i° ;,,,,,' �1'��� ,'� [J(� � "p, D8V1 �B �n, %ai 1S-'S aci (Exhibits o 6epompleted'b'" lContrac d ^ i z , y. o:; . . r' , ' Il ?'ff p a III r �I,No,:'A'ddenda" 14 /;`r; �„"v�:''1'-; ` :,', �Any.Addendal' ' _Y :'N„ 0' ..„ i;' ;r$igoed,gyContractor7 Y QN 'I�:;h;u, .I .„.; r • o'' •"P RPAR ANdEi,BO• ,� ,pAYMENT^60���p; . CORREGTIDN•,RE:PAIR BOND �.•, . ., .Y�� •r r' � '. i. 16 'Iq,6i I31b. SONDS:, ,''„'s ' i,a BLANK`BID SPECS. ..I,. �l µl 1..� 1' IJ _ J1 I.,`e ,i v`I"' is a '�_L'i i� r,Y,�u SFr,•.r Successful 'Bidder �y �. Five 5 extra sets : of 'bid' CASH `'S�CHEG� 7 �' �'�l-.l !❑��'�'[)EPOSITEA`I ? „Y'''� N.�C7 - - ,.�, specifjcations for contract ezecptipp:• , �I'nsuccessful 8idtlars. . .'. L ,;. � I CASHIER'S(CHECKS? ',•YII�'''�Nf��• L)EPOSITEDiN•R'& A?•" ©�'�N' (�- Attaphed'`;Y ❑. N :❑ ; ,Which Coritra't or.(IS 0 PiovlidEd Previous) Y b0 SPECS,''&AGREEMENT FORM' REFERENCE. Public+Contracts Goverriinent'Code Seh.'22300 'Y N b a EJ� /6. Labor Code'177Z.5 r ,Y,❑ .' N f L r, 1 7 Y ❑-',.N, /fir' . . ab'o Code„ GCalifornia,Standard Specifications.' MON ' S'ta'n a'rd'Sp/'e`tif�i 4at'i ns''fO'r. R licWorks Constructio n EDITIO N DATE: �7 �'�D, BY:.' D,EPT 4r • • • CITY OF PALM SPRINGS, CALIFORNIA • PUBLIC WORKS & ENGINEERING DEPARTMENT • • NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND • • SPECIAL PROVISIONS • FOR CONSTRUCTION OF THE: • • • BASKETBALL AND TENNIS COURT • RESURFACING • CITY PROJECT NO. 08-24 • • IN THE CITY OF PALM SPRINGS • • December2008 • • • • ?ALAI S • U cn C Rr9RAT@� • • • David J. Barakian, P.E-, City Engineer Bids Open: January 20, 2009 Dated: December 15, 2008 • • • CITY PROJECT NO. 08-24 • • The Special Provisions • • contained herein have been • prepared by, or under the direct • supervision of, the following • Registered Civil Engineer: • • • QROFFSS/p • F� �5 L PV�� • Marcus L. Fuller Ha D5727 Assistant Director of Public Works/ * [gmjCR • Assistant City Engineer sT Cm �P • Civil Engineer C 57271 q OFCAI XX � • Imo/Is/n� • • • • Approved by: • • • • David J. Barakian, P.E. • Director of Public Works/City Engineer • Civil Engineer C 28931 • • • • • • • • • • BASKETBALL AND TENNIS COURT RESURFACING CITY PROJECT NO.08-24 • 12/15/08 SIGNATURE PAGE • • • NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND • SPECIAL PROVISIONS TABLE OF CONTENTS • • PART I -- BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS • • Notice Inviting Bids • Instructions to Bidders • Bid Forms • Bid (Proposal) • Bid Schedule List of Subcontractors • Non-collusion Affidavit 0 Bidder's General Information • Bid Bond (Bid Security Form) • Agreement and Bonds • Agreement Form • Worker's Compensation Certificate . Performance Bond Payment Bond • Certificate of Insurance • • PART II -- SPECIAL PROVISIONS • Section 1 - Terms, Definitions, Abbreviations, and Symbols • Section 2 - Scope and Control of Work • Section 3 - Changes in Work • Section 4 - Control of Materials Section 5 - Utilities • Section 6 - Prosecution, Progress, and Acceptance of the Work 0 Section 7 - Responsibilities of the Contractor • Section 8 - Facilities for Agency Personnel • Section 9 - Measurement and Payment Section 10 - Construction Details • • PART III --APPENDICES • APPENDIX "A" • Vicinity Map 0 Ruth Hardy Park and Sunrise Park Basketball Courts • Demuth Park Tennis Courts . Manufacturer's Specifications for coatings Manufacturer's Specifications for hardware • wwwww • • BASKETBALL AND TENNIS COURT RESURFACING • CITY PROJECT NO,08-24 SPECIAL PROVISIONS 12/16108_ GENERAL CONTENTS-PAGE 1 0 • • CITY OF PALM SPRINGS • • • PUBLIC WORKS & ENGINEERING DEPARTMENT • PART I - BIDDING AND CONTRACTUAL • DOCUMENTS AND FORMS • BASKETBALL AND TENNIS COURT RESURFACING CITY PROJECT NO. 08-24 • 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 • Certificate of Insurance • • • • • • • • • • • • BASKETBALL AND TENNIS COURT RESURFACING ' . CITY PROJECT NO.08-24 12/15/08 PART 1 CONTENTS PAGE 1 • • • • i i CITY OF PALM SPRINGS i NOTICE INVITING BIDS • BASKETBALL AND TENNIS COURT RESURFACING • City Project 08-24 N-1 NOTICE IS HEREBY GIVEN that sealed bids for the Basketball and Tennis Court Resurfacing Project, City Project 08-24, will be received by the Procurement and Contracting Division of the City of Palm Springs, California, until 2:00 P.M. on January 20, 2009, at which • time they will be opened and read aloud. The Engineer's Estimate is 3$ 0,000_ N-2 DESCRIPTION OF THE WORK: The Work comprises the complete resurfacing of one (1) basketball court located at Ruth Hardy Park, one (1) basketball court located at Sunrise Park and four (4) tennis courts located at Demuth Park in the City of Palm Springs, as • identified in the Appendix; miscellaneous repairs and improvements as identified in the project • specifications; complete basketball and tennis court re-striping; net post replacement and • painting, center strap-holder replacement; and all appurtenant work. • N-3 AWARD OF CONTRACT: • (a) The City reserves the right after opening bids to reject any or all bids, to waive any • informality (non-responsiveness) in a bid, or. to make award to the lowest responsive, responsible bidder on the basis of the total sum of Bid Schedules A through C, inclusive, and • reject all other bids, as it may best serve the interest of the City. Bidders shall bid on all Bid • Schedules. • (b) As a condition of award, the successful bidder will be required to submit payment and • performance bonds and insurance. • i N-4 BID SECURITY: each bid shall be accompanied by a certified or cashier's check or Bid i Bond in the amount of 10 percent of the total bid price of the total sum of Bid Schedules A through C, inclusive, payable to the City of Palm Springs. • • N-5 BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a period i 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 "C-12" Contractor license at the time of submitting bids. • • N-7 PREVAILING WAGE RATES NOT APPLICABLE: Funding for the Work is with all local funds and, as provided under City Charter, will NOT require compliance with the prevailing wage requirements of the State of California. • N-8 RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of • payments due under the Contract Documents from time to time, without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City in • accordance with the provisions of Section 22300 of the Public Contract Code. • BASKETBALL AND TENNIS COURT RESURFACING i CITY PROJECT NO.08-24 NOTICE INVITING BIDS 12/15/08 PAGE 1 • • • N-9 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: (a) Contract Documents may be inspected without charge at the office of the City • Engineer, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. • • (b) Complete sets of said Contract Documents may be purchased at $25.00 per set and • are obtainable from the office of the City Engineer, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. No refund will be made of any charges for sets of Contract Documents. • • (c) An additional fee of $15.00 will be charged for sets of documents sent by UPS ground • delivery. Overnight, Federal Express, or other methods of delivery shall be the responsibility of the Bidder. • • N-10 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 Division at 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. The envelope shall be plainly marked in the upper left hand corner with the name and • address of the Bidder and shall bear the words "Bid For.." followed by the title of the Project • and the date and hour of opening Bids. The certified or cashier's check or Bid Bond shall be • enclosed in the same envelope with the Bid_ • By_ _ _ Date • David J. Barakian, PE Director of Public Works/ • City Engineer • City of Palm Springs • • • • • • • • • • • • • • • • BASKETBALL AND TENNIS COURT RESURFACING • CITY PROJECT NO 08-24 NOTICE INVITING BIDS 12/15108 PAGE 2 • • • • • CITY OF PALM SPRINGS • INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS - Terms used in these Instructions to Bidders and the Notice Inviting Bids and not defined herein shall have the meanings assigned to them in the • General and Special Provisions. The term "Bidder" shall mean one who submits a Bid • directly to the City, as distinct from a sub-bidder, who submits a Bid to a Bidder. The term • "Engineer" shall be as defined in the Special Provisions. • 2. COMPETENCY OF BIDDERS - In selecting the lowest responsive, responsible • Bidder, consideration will be given not only to the financial standing of the Bidder, but also • to the general competency of the Bidder for the performance of the Work covered by the • Bid. To this end, each Bid shall be supported by a statement of the Bidder's experience as of recent date on the form entitled "Bidder's General Information," bound herein. • Except as otherwise provided under Public Contract Code §20103.5, no Bid for the Work • will be accepted from a contractor who does not hold a valid contractor's license in the • State of California for the classification's 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 BASKETBALL AND TENNIS COURT RESURFACING • CITY PROJECT NO.08-24 INSTRUCTIONS TO 12/15/08 BIDDERS-PAGE 1 • • City and the Engineer by the owners of such underground utilities or others, and the City does not assume responsibility for the accuracy or completeness thereof unless it is • expressly provided otherwise in the Special Provisions. (e) Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground utilities and other physical • conditions, and possible changes in the Contract Documents due to differing conditions • appear in the Standard Specifications and Special Provisions. • (f Before submitting a Bid, each Bidder must, at Bidder's own expense, make or • obtain any additional examinations and investigations which pertain to the physical • conditions (surface, subsurface, and underground utilities) at or contiguous to the site or • otherwise which may affect cost, progress, or performance of the Work and which the • Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents. • • (g) Where feasible, upon request in advance, the City will provide each Bidder • access to the site to conduct such investigations and tests as each Bidder deems necessary for submittal of a Bid. The Bidder shall fill all exploration and test holes made by the Bidder and shall repair damage, clean up, and restore the site to its former • condition upon completion of such exploration. (h) The lands upon which the Work is to be performed, the rights-of way and easements for access thereto, and other lands designated for use by the Contractor in • performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and . equipment are to be provided by the Contractor. Easement for permanent structures or permanent changes in existing structures will be obtained and paid for by the City unless • otherwise provided in the Contract Documents. • (i) The submittal of a Bid will constitute an incontrovertible representation by the . Bidder that the Bidder has complied with every requirement of this Article; that without exception the Bid is premised upon performing the Work required by the Contract • Documents and such means, methods, techniques, sequences, or procedures of • construction as may be indicated in or required by the Contract Documents; and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all the terms and conditions for performance of the Work. • 5. INTERPRETATIONS - All questions about the meaning or intent of the Contract • Documents are to be directed to the Engineer. Interpretations or clarifications considered • necessary by the Engineer in response to such questions will be resolved by the issuance of Addenda mailed or delivered to all parties recorded by the Engineer or the City as having received the Contract Documents- Questions received less than 5 days prior to the date of opening Bids may not be answered. Only questions that have been resolved • by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. 6. BID SECURITY, BONDS, AND INSURANCE - Each Bid shall be accompanied by a certified or cashier's check or approved Bid Bond in the amount stated in the Notice • Inviting Bids. Said check or bond shall be made payable to the City and shall be given as BASKETBALL AND TENNIS COURT RESURFACING • CITY PROJECT NO.08-24 INSTRUCTIONS TO - 12115l08 BIDDERS-PAGE 2 • • • a guarantee that the Bidder, if awarded the Work, will enter into an Agreement with the City and will furnish the necessary insurance certificates, Payment Bond, and • Performance Bond. Each of said bonds and insurance certificates shall be in the amounts stated in the Standard Specifications or Special Provisions. In case of refusal or • failure of the successful Bidder to enter into said Agreement, the check or Bid Bond, as • the case may be, shall be forfeited to the City. If the Bidder elects to furnish a Bid Bond as its security, the Bidder shall use the Bid Bond form bound herein, or one conforming • substantially to it in form. 7. RETURN OF BID SECURITY - Within 14 days after award of the Contract, the • City will return all bid securities accompanying such of the Bids that are not considered in • making the award. All other Bid securities will be held until the Agreement has been • finally executed. They will then be returned to the respective Bidders whose Bids they • accompany_ • 8. BID FORM - The Bid shall be made on the Bid Schedule sheets bound herein. • Unless otherwise provided in the Notice Inviting Bids, in the event there is more than one • Bid Schedule, the Bidder may Bid on any individual schedule or on any combination of • schedules. All bid items shall be properly filled out. Where so indicated in the Bid Documents, Bid price shall be shown in words and figures, and in the event of any conflict • between the words and figures, the words shall govern. The envelope enclosing the sealed bids shall be plainly marked in the upper left-hand corner with the name and • address of the Bidder and shall bear the words "BID FOR," followed by the title of the Contract Documents for the Work, the name of the "CITY OF PALM SPRINGS," the • address where the bids are to be delivered or mailed to, and the date and hour of opening • of bids. The Bid Security shall be enclosed in the same envelope with the Bid. 9. SUBMITTAL OF BIDS - The Bids shall be delivered by the time and to the place stipulated in the Notice Inviting Bids. It is the Bidder's sole responsibility to see that its Bid • is received in proper time. Bids will not be accepted after the appointed time for opening of bids, no matter what the reason. 10. DISCREPANCIES IN BIDS - In the event that there is more than one Bid Item in the Bid Schedule, the Bidder shall furnish a price for all Bid Items in the schedule, and • failure to do so will render the Bid as non-responsive and may cause its rejection. In the • event that there are unit price Bid Items in a Bid Schedule and the "amount" indicated for • a unit price Bid Item does not equal the product of the unit price and quantity listed, the unit price shall govern and the amount will be corrected accordingly, and the Contractor • shall be bound by such correction, subject to the provisions of Section 5100 et seq. of the • California Public Contract Code. In the event that there is more than one Bid Item in a • Bid Schedule and the total indicated for the schedule does not agree with the sum of prices Bid on the individual items, the prices bid on the individual items shall govern and • the total for the schedule will be corrected accordingly, and the Contractor shall be bound * by said correction, subject to the provisions of Section 5100 et seq. of the California • Public Contract Code. • 11. QUANTITIES OF WORK-- • (a) The quantities of work or material stated in unit price items of the Bid are • supplied only to give an indication of the general scope of the Work; the City does not • BASKETBALL AND TENNIS COURT RESURFACING CITY PROJECT NO.08-24 INSTRUCTIONS TO 12/15/08 BIDDERS-PAGE 3 • • • expressly or by implication agree that the actual amount of work or material will correspond therewith. • • (b) In the event of an increase or decrease in a bid item quantity of a unit price • Contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit prices established for such work under the Contract • Documents; provided, that on unit price contracts, increases of more than 25 percent, • decreases of more than 25 percent, and eliminated items shall be adjusted as provided in • Section 3 of the Standard Specifications and Special Provisions. • 12. WITHDRAWAL OF BID - The Bid may be withdrawn by the Bidder by means of a • written request, signed by the Bidder or it's properly authorized representative. Such • written request must be delivered to the place stipulated in the Notice Inviting Bids prior to • the scheduled closing time for receipt of Bids. • 13. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS - Unauthorized • conditions, limitations, or provisos attached to the Bid will render it informal and may • cause its rejection as being non-responsive. The completed Bid forms shall be without • interlineaticn, alterations, or erasures. Alternative Bids will not be considered unless expressly called for in the Notice Inviting Bids. Oral, FAX, telegraphic, or telephone Bids • or modifications will not be considered. 14. LIQUIDATED DAMAGES - Provisions for liquidated damages, if any, shall be as set forth in the Agreement and the provisions of the Special Provisions. • • 15. SUBSTITUTE OR "OR-EQUAL" ITEMS - The procedure for submittal of any • application for a substitute or "or-equal" item by the Contractor and consideration by the • Engineer is set forth in Section 4 of the Standard Specifications and Special Provisions. • 16. AWARD OF CONTRACT - Award of Contract, if it is awarded, will be based • primarily on the lowest overall cost to the City, and will be made to a responsive, • responsible Bidder whose Bid complies with all the requirements prescribed. Unless otherwise specified, any such award will be made within the period stated in the Notice • Inviting Bids that the Bids are to remain open, unless extended by mutual agreement of • the bidders. Unless otherwise indicated, a single award will not be made for less than all 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 7 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 • BAKETBALLAND TENNIS COURT RESURFACING . • CITY PROJECT NO.0&24 INSTRUCTIONS TO 12/15/08 BIDDERS-PAGE 4 • • • • • 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 — • (a) In determining the lowest responsible Bidder, the following provisions of Section 7.09.030 of the City of Palm Springs Municipal Code shall be applied to a Bid • submitted by a local business enterprise or Contractor.- For any contract for services, including construction services, a reciprocal • preference shall be given as against a non-local business enterprise contractor • from any state, county or city that gives or requires a preference to contractors • from that entity in award of its service contracts. The amount of the reciprocal • preference shall be equal to the amount of the preference applied by the entity in which the non-local business enterprise contractor is based as against the Bid of a • City of Palm Springs contractor. • (b) For all contract Bids proposing sub-contractors: • (1) 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 • ("local sub-contractor"). • (2) The prime contractor shall submit evidence of such good faith efforts at the time of submission of Bids. Good faith efforts may be evidenced by placing • advertisements inviting proposals in local newspapers, sending requests 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. • • (3) Any notice inviting Bids which may require the use of sub-contractors shall • include notification of this subdivision. • (4) The City may reject as non-responsive the Bid of any contractor proposing to • use sub-contractors that fails to comply with the requirements of this Subdivision_ • • - END OF INSTRUCTIONS TO BIDDERS - • • • • • • BASKETBALL AND TENNIS COURT RESURFACING • CITY PROJECT NO.08-24 INSTRUCTIONS TO 12/15/08 BIDDERS-PAGE 5 • • • • • BID DOCUMENTS Only the following listed documents, identified in the lower right corner as 'Bid Forms" and reproduced on colored paper, shall be fully executed and submitted • with the Bid at the time of opening of Bids. • • Bid (Proposal) • Bid Schedule(s) List of Subcontractors • Non-collusion Affidavit • Bid Bond (Bid Security Form) • Bidder's General Information • Failure of a Bidder to fully execute and submit all of the listed documents with the Bid will render a Bid as non-responsive and subject to rejection- • • • • • • • • • • • • • • • • • BASKETBALL AND TENNIS COURT RESURFACING CITY PROJECT NO.08-24 • 12/15/08 COVER SHEET BID FORMS-PAGE 1 • • • • • BID • BID TO: CITY OF PALM SPRINGS, CALIFORNIA • The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City in the form included in the Contract Documents (as defined in Article 4 of the • Agreement) to perform the Work as specified or indicated in said Contract Documents entitled.- BASKETBALL AND TENNIS COURT RESURFACING CITY PROJECT NO. 08-24 • 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 Califomia Labor Code Section 1860, et seq., the undersigned confirms the following as its certification: • 1 am aware of the provisions of Section 3700 of the Labor Code, which require every • employer to be insured against liability for worker's compensation, or to undertake self- insurance in accordance with the provisions, before commencing the performance of the • Work of this Contract. • • • BASKETBALL AND TENNIS COURT RESURFACING • CITY PROJECT NO.08-24 BID AGREEMENT 12/15/08 BID FORMS-PAGE 2 • • • • 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 therefor the Contract • Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding • Schedule(s). • • Dated: • • • Bidder: • • • By: • (Signature) Title: • • • • • • • • • • • • • • • • • • • • • • BASKETBALL AND TENNIS COURT RESURFACING • CITY PROJECT NO 08-24 81D AGREEMENT 12/15/08 BID FORMS-PAGE 3 • • • • BID SCHEDULE A • Schedule of Prices for the Construction of the! • BASKETBALL AND TENNIS COURT RESURFACING • CITY PROJECT NO. 08-24 Ruth Hardy Park Basketball Court • • • Description Complete resurfacing of the basketball court at Ruth Hardy Park (as identified in the Appendix); miscellaneous repairs and improvements as identified in the project specifications; complete • basketball court re-striping; and all appurtenant work. 40 For the lump sum of. • (Price in figures) • (Price in words) • ! • • Name of Bidder or Firm • • • • ! • • ! ! • • ! • • BASKETBALL AND TENNIS COURT RESURFACING • CITY PROJECT NO,08-24 BID SCHEDULE A 12/15/08 BID FORMS-PAGE 4 ! • • • • BID SCHEDULE B Schedule of Prices for the Construction of the: BASKETBALL AND TENNIS COURT RESURFACING • CITY PROJECT NO. 08-24 • Sunrise Park Basketball Court • Description • • Complete resurfacing of the basketball court at Sunrise Park (as identified in the Appendix),- miscellaneous repairs and improvements as identified in the project specifications; complete • basketball court re-striping; and all appurtenant work. • • For the lump sum of: • (Price in figures) • . (Price in words) • • • • Name of Bidder or Firm • • • • • • • • • • • • " BASKETBALL AND TENNIS COURT RESURFACING • CITY PROJECT NO.08-24 BID SCHEDULE B 12/15/08 BID FORMS-PAGE 5 • • • • BID SCHEDULE C • Schedule of Prices for the Construction of the: . BASKETBALL AND TENNIS COURT RESURFACING • CITY PROJECT NO. 08-24 Demuth Park Tennis Courts • • • Description Complete resurfacing of the four (4) tennis courts at Demuth Park (as identified in the Appendix); • miscellaneous repairs and improvements as identified in the project specifications; complete tennis • court re-striping; net post replacement for (1) one tennis court; net post painting; center strap- holder replacement; and all appurtenant work. • • For the lump sum of: • $ • (Price in figures) • • (Price in words) • • TOTAL OF BID SCHEDULE A THROUGH C, INCLUSIVE (BASIS OF AWARD); • • $ • (Price in figures) • • Price in words • • i • Name of Bidder or Firm • • • • • • • • • BASKETBALL AND TENNIS COURT RESURFACING , CITY PROJECT NO.08-24 BID SCHEDULE C • 12/15/08 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. • • • • • BASKETBALL AND TENNIS COURT RESURFACING • CITY PROJECT N0.08-24 • 42/15708 LIST OF SUBCONTRACTORS • BID FORMS-PAGE 7 • • • • • 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 • • • BASKETBALL AND TENNIS COURT RESURFACING • CITY PROJECT NO.08-24 - NON-COLLUSION AFFIDAVIT 12/15108 BID FORMS-PAGE 8 • • • • • • ALL-PURPOSE ACKNOWLEDGMENT • • State of • County of • On before me, • Date Name, Title of Officer • personally appeared NAME(S) OF SIGNER(S) • who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by • his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed • the instrument. • 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct- Witness my hand and official seal. • • Signature of Notary • • • • ATTENTION NOTARY: Although the information requested below is OPTIONAL., it could prevent fraudulent attachment of • this certificate to unauthorized document. . THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED • TO THE DOCUMENT Number of Pages DATE of DOCUMENT • DESCRIBED AT RIGHT: Signer(s) Other Than Named Above • • • • • • • • • • • BASKETBALL AND TENNIS COURT RESURFACING . CITY PROJECT NO.08-24 NON-COLLUSION AFFIDAVIT--NOTARY ACKNOWLEDGMENT 12115roS BID FORMS-PAGE 9 • • • • • 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: • BASKETBALL AND TENNIS COURT RESURFACING • CITY PROJECT NO. 08-24 • NOW THEREFORE, if said Principal is awarded a Contract by said City, and within the time and • in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a • written Agreement on the Form of Agreement bound with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required performance Bond and Payment • Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. • In the event suit is brought upon this Bond by said City, and City prevails, said Surety shall pay all • costs incurred by said City in such suit, including a reasonable attorney's fee to be fixed by the court. • • SIGNED AND SEALED, this day of 200_ • PRINCIPAL: . Check one:—Individual,_partnership, _corporation (Corporations require two signatures; one from each of the following groups: A. Chairman of Board, • President, or any Vice President; AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or • Chief Financial Officer). . By SURETY: • signature • (NOTARIZED) • Print Name and Title: • • By By • signature signature • (NOTARIZED) (NOTARIZED) • Print Name and Title: Print Name and Title: • BASKETBALL AND TENNIS COURT RESURFACING 61Q BONG(BID SECURITY FORM) CITY PROJECT NO.0&24 12/15108 1 BID FORMS-PAGE 10 • • • • BIDDER'S GENERAL INFORMATION • The Bidder•shall furnish the following information. Failure to complete all Items will cause • the Bid to be non-responsive and may cause its rejection. • + 1. BIDDER/CONTRACTOR'S Name and Street Address: • • • • • 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: • • • • • BASKETBALL AND TENNIS COURT RESURFACING CITY PROJECT NO.08-24 BIDDER's GENERAL INFORMATION • 12/16/08 BID FORMS-PAGE 11 • f • • • • 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 w Contact Person Telephone number • b. Owner Address • Contact Class of Work • Phone Contract Amount ! Project Date Completed • . Contact Person Telephone number D. 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 foryourfirm: • 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. • • BASKETBALL AND TENNIS COURT RESURFACING CITY PROJECT NO.08-24 BIDDER'S GENERAL INFORMATION 12115/08 BID FORMS-PAGE 12 • • • • • AGREEMENT i i THIS AGREEMENT made this _ day of 200 by and i between the City of Palm Springs, a charter city, organized and existing in the County of i Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and i hereinafter designated as the Contractor. • The City and the Contractor, in consideration of the mutual covenants hereinafter set * forth, agree as follows: i ARTICLE 1 —THE WORK • i The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the City's Contract Documents entitled: • BASKETBALL AND TENNIS COURT RESURFACING CITY PROJECT NO. 08-24 i The Work is generally described as follows: i The complete resurfacing of one (1) basketball court located at Ruth Hardy Park, one (1) • basketball court located at Sunrise Park and four (q) tennis courts located at Demuth Park in the City of Palm Springs, as identified in the Appendix; miscellaneous repairs and i improvements as identified in the project specifications; complete basketball and tennis • court re-striping; net post replacement and painting, center strap-holder replacement; and • all appurtenant work. i ARTICLE 2 -- COMMENCEMENT AND COMPLETION i 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 i that the City will suffer financial loss if the Work is not completed within the time specified i in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of * requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum of $690 for each calendar day that expires after the time specified in Article 2, herein. In executing the • Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard • Specifications, as modified herein, related to liquidated damages, and has made itself i aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed. BASKETBALL AND TENNIS COURT RESURFACING AGREEMENT FORM CITY PROJECT NO 08-24 12/15/OS AGREEMENT AND BONDS-PAGE 1 . • • i • • ARTICLE 3 -- CONTRACT PRICE The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid and Bid Schedule(s). ARTICLE 4 --THE CONTRACT DOCUMENTS • The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the • accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, • Special Provisions, the Drawings, Addenda numbers to , inclusive, and all Change Orders and Work Change Directives which may be delivered or issued • after the Effective Date of the Agreement and are not attached hereto. • ARTICLE 5 -- PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard . Specifications as amended by the Special Provisions. Applications for Payment will be processed by the Engineer or the City as provided in the Contract Documents. ARTICLE 6 -- NOTICES Whenever any provision of the Contract Documents requires the giving of a written • Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for wham 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. • BASKETBALL AND TENNIS COURT RESURFACING AGREEMENT FORM CITY PROJECT NO.08-24 AGREEMENT AND BONDS-PAGE 2 . 12/15/08 • • • • • IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be • executed the day and year first above written. • APPROVED BY THE CITY COUNCIL: • ATTEST: • CITY OF PALM SPRINGS, CALIFORNIA Date • By Agreement No. • City Clerk • • APPROVED AS TO FORM: • • By • City Attorney • • Date • • CONTENTS APPROVED: • • • BY • City Engineer • • Date • • BY • City Manager • • Date • • • • • BASKETBALL AND TENNIS COURT RESURFACING • Ct Y PROJECT NO.08-24 AGREEMENT FORM' 12/15/08 AGREEMENT AND BONDS-PAAGE 3 • • • • Corporations require two notarized signatures: One signature must be from Chairman of Board. President, or any • Vice President The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer,or Chief Financial Officer. CONTRACTOR: Name: Check one:_Individual_Partnership_Corporation • Address: • • By. By: • Signature (notarized) Signature (notarized) • • Name: Name: . Title: Title: • (This Agreement must be signed in the above This Agreement must be signed in the above • space by one of the following: Chairman of the space by one of the following: Secretary, Chief Board, President or any Vice President) Financial Officer or any Assistant Treasurer) • State of ❑ State of n • County of ❑ss County of ❑Ss On On • before me, before me, personally appeared personally appeared • who proved to me on the basis of satisfactory who proved to me on the basis of satisfactory • evidence to be the person(s) whose name(s) evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and iS/are subscribed to the within instrument and • acknowledged to me that he/she/they executed acknowledged to me that he/she/they executed • the same in his/her/their authorized capacity(ies), the same in his/her/their authorized capacity(ies), • and that by his/her/their signatures(s) on the and that by his/her/their signatures(s) on the • instrument the person(s), or the entity upon behalf instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the of which the person(s) acted, executed the • instrument. instrument. • . 1 certify under PENALTY OF PERJURY under the I certify under PENALTY OF PERJURY under the . laws of the State of California that the foregoing laws of the State of California that the foregoing paragraph is true and correct. paragraph is true and correct. • • WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: • • Notary Seal: Notary Seal: • • • • • • BASKETBALL AND TENNIS COURT RESURFACING • CITY PROJECT NO.08-24 AGREEMENT FORM 12/15/08 AGREEMENT AND BONDS-PAGE 4 • • • • • • • • • • • • • • • • WORKER'S COMPENSATION CERTIFICATE • (AS REQUIRED BY SECTION 1861 OF THE CALIFORNIA LABOR CODE) • • • 1 am aware of the provisions of Section 3700 of the California Labor Code, • which require every employer to be insured against liability for worker's • compensation, or to undertake self-insurance in accordance with the • provisions of said Code, and I will comply with such provisions before • commencing the performance of the Work.of this Contract. • • • Contractor • By • • Title • • • • • • • • • BASKETBALL AND TENNIS COURT RESURFACING • CITY PROJECT NO.08-24 WORKER'S COMPENSATION CERTIFICATE 12/15/08 AGREEMENT AND BONDS-PAGE 5 • • • • • • 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. BASKETBALL AND TENNIS COURT RESURFACING CITY PROJECT NO. 08-24 • • 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 • CONTRACTOR: • Check one: individual, partnership, _corporation (Corporations require two signatures, one from each of the following groups: A. Chairman of Board, • President, or any Vice President, AND B- Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). • By SURETY: • • signature • (NOTARIZED) • Print Name and Title: • • • By By • signature signature • (NOTARIZED) (NOTARIZED) Print Name and Title. Print Name and Title: • • BASKETBALL AND TENNIS COURT RESURFACING PERFORMANCE BOND • CITY PROJECT NO.06.24 AGREEMENT AND BONDS-PAGE 6 • 12/15/08 • • • • PAYMENT BOND • • KNOW ALL MEN BY THESE PRESENTS, • That as Contractor, • and as Surety, • are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the County of Riverside, State of California, hereinafter called the "City," in the sum of: • dollars, • for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, • administrators, successors, and assigns,jointly and severally, firmly by these presents. • WHEREAS, said Contractor has been awarded and is about to enter into the annexed agreement • , with said City to perform the Work as specified or indicated in the Contract Documents entitled: • BASKETBALL AND TENNIS COURT RESURFACING • CITY PROJECT NO. 08-24 NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators, successors, or assigns shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for, or about the performance of the Work contracted to be done, or • for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, or for any amounts required to be deducted, withheld, and paid over to the Employment • Development Department from the wages of employees of the Contractor and its subcontractors • pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as • required by the provisions of Title XV, Chapter 7, Sections 3247-3252, inclusive, of the Civil Code of the State of California and acts amendatory thereof, and Sections of other Codes of the State • of California referred to therein and acts amendatory thereof, and provided that the persons, • companies, or corporations so furnishing said materials, provisions, equipment, or other supplies, appliances, or power used in, upon, for, or about performance of the Work contracted to be • executed or performed, or any person, company, or corporation renting or hiring implements or • machinery or power for, or contributing to, said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials 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= • • • BASKETBALL AND TENNIS COURT RESURFACING PAYMENT BOND • CITY PROJECT NO.08-24 AGREEMENT AND BONDS-PAGE 7 12/15/08 • • • • CONTRACTOR: • Check one:—individual,_partnership, Y corporation • (Corporations require two signatures; one from each of the following groups: A. Chairman of Board, President, or any Vice President,, AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or • Chief Financial Officer). By SURETY: • signature • (NOTARIZED) • Print Name and Title: • • By By • • signature signature (NOTARIZED) (NOTARIZED) • • Print Name and Title: Print Name and Title: • • • • • • • • • • • • • • • • • BASKETBALL AND TENNIS COURT RESURFACING PAYMENT BOND CITY PROJECT NO.08-24 AGREEMENT AND BONDS-PAGE 8 12115/08 • • CERTIFICATE OF INSURANCE THIS CERTIFICATE ISSUED TO THE OWNEWAGENTS LISTED BELOW DESIGNATED BY THE CONTRACT WITH THE INSURED NAME AND ACCRE$$OF INSURED INSURANCE COMPANIES AFFORDING COVERAGE . COMPANY A B C • D • • TYPE OF wARK PERFORMED AND LOCATION • w"� TYPE OF INSURANCE POLICY NUMBER LIMITS OF LIABILITY IN THOUSANDS(x1000) EACH • OCCURRENCE AGGREGATE • COMPREHENSIVE GENERAL LIABILITY ❑ EXPLOSION AND COLLAPSE GORILY INJURY $ a • ❑ UNDERGROUND DAMAGE PROPERTY DAMAGE a a • ❑ PRODUCTEICOMPI,T OOPFRATION$ or . ❑ CONTRACTUAL INSURANCE I❑ BROAD FORM PROPEKIY DAMAGE • LJ INCEPENDENTCONiHACTORS BODILY INJURY AND PROPERTY • LJ PERSONAL INJURY DAMACECOMBINED a a . PERSONALINJURY S • COMPREHENSIVE AUTOMOBILE BODILY avJURY LIABILITY EACH PERSON a Including EACH ACCIDENT • ❑ OWNLD PROPERTYOAMAGE $ • ❑ HIRED or • ❑ NUN-QNvNEO BODILY INJURY ❑ MOTOR GRHIER ncT ANAGE COMBIN • DAMAGE COMBINED $ EXCESS LIABILITY BODILY INJURY IrlClydln9 AND PROPERTY ❑ EMPLOYE DAMAGE COMBINED $ . R'S LWBILITY • WORKER'SCOMPENSATION STATUTORY and . EMPLOYER'S LIABILITY Including EL a (EACH ACCIDENT) • ElLOND BHOREMEMB AND HAPeoR M9RKERe . OTHER ADDITIONAL INSURED ENDORSEMENT—CITY OF PALM SPRINGS • The undersigned call that he or she Is the representative of the above-named lnwran[a cempeniet Mat he or the has tha authority to executn and issue this coHlfr�lu to Certificate Holder and accordingly does hereby certify on behalf of said Insurance Companies that policies of insurance listed above have been issued to the'insured • named abpvo and are In farce at this time Notwithstanding any requirement term or condition of any Contract or other document wlm reaped to which MIS certificate may be sued or may Pon. ,the insurance Tffardcd by the papnos descrmed herein Is subinct to at the terms exclusions and Conditions of such policies Copies of the policies • shown will be fumished to the Ccdificata Holder upon roquad This Certlficalodeesndomond oxmnd or slier the Coverage afforded by the policies listed • CancclWlion Should any of the abovo doscnbod polldos be cancelled before the expiration date thereof the Issuing Company will mall 30 days written notice to me below- • medcodlFoato holder • _ NAME AND ADDRESS OF ADDITIONAL INSURED DATE ISSUED • • BY • BASKETBALL AND TENNIS COURT RESURFACING • CITY PROJECT NO,08-24 12115/06 CERTIFICATE OF INSURANCE . AGREEMENT AND BONDS-PAGE 9 • • • • • • • • r • • • CITY OF PALM SPRINGS • • PUBLIC WORKS AND ENGINEERING DEPARTMENT • • PART II .._ SPECIAL PROVISIONS • • BASKETBALL AND TENNIS COURT RESURFACING r CITY PROJECT NO. 08-24 • r Section 1 - Terms, Definitions, Abbreviations, and Symbols • Section 2 - Scope and Control of Work Section 3 - Changes in Work • Section 4 - Control of Materials • Section 5 - Utilities • Section 6 - Prosecution, Progress, and Acceptance of the Work • Section 7 Responsibilities of the Contractor Section 8 - Facilities for Agency Personnel • Section 9 - Measurement and Payment Section 10 - Construction Details r • • r • • • • • r BASKETBALL AND TENNIS COURT RESURFACING PART II-SPECIAL PROVISIONS • CITY PROJECT NO-08.24 GENERAL CONTENTS-PAGE 1 r 12/15/08 • • • • • CITY OF PALM SPRINGS • • PUBLIC WORKS AND ENGINEERING DEPARTMENT • SPECIAL. PROVISIONS • BASKETBALL AND TENNIS COURT RESURFACING • CITY PROJECT NO. 08-24 • SECTION 1 -- TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS • • 1-1 GENERAL 1-1.1 Standard Specifications. - The Work hereunder shall be done in accordance with the Standard Specifications for Public Works Construction ("Green book"), 2006 Edition, including all current supplements, addenda, and revisions thereof, these Special • Provisions, and the Standard Plans identified in the Appendix, insofar as the same may • apply to, and be in accordance with, the following Special Provisions. • In case of conflict between the Standard Specifications for Public Works Construction • ("Greenbook") and these Special Provisions, the Special Provisions shall take • precedence over, and be used in lieu of, such conflicting portions. 0 1-1.2 Supplementary Reference Specifications. - Insofar as references may be • made in these Special Provisions to the Caltrans Standard Specifications, such work shall conform to the referenced portions of the technical provisions only of said reference . specifications, provided, that wherever the term "Standard Specifications" is used without the prefix "Caltrans," it shall mean the Standard Specifications for Public Works Construction ("Greenbook"), 2006 Edition, as previously specified in the above • paragraph. 1-2 LEGAL ADDRESS • 1-2.1 Legal Address of the City. - The official address of the City shall be City of • Palm Springs, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, or such • other address as the City may subsequently designate in written notice to the Contractor. • 1-2.2 Legal Address of the Engineer. -The official address of the Engineer shall be • the Director of Public Works/City Engineer, City of Palm Springs, Engineering • Department, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, or such • other address as the Engineer may subsequently designate in writing to the Contractor. • 1-2.3 Legal address of the City's Project Representative. - The name and • address of the City's designated Project Representative shall be the Senior Public Works • Inspector, City of Palm Springs, Public Works and Engineering Department, 3200 E. • • BASKETBALL AND TENNIS COURT RESURFACING TERMS, DEFINITIONS,ABBREVIATIONS AND SYMBOLS CITY PROJECT NO 08-24 SPECIAL PROVISIONS,SECTION 1 -PAGE 1 • 12/15/08 0 • Tahquitz Canyon Way, Palm Springs, California 92262, or such other address as the Project Representative may subsequently designate in writing to the Contractor. • 1-3 DEFINITIONS AND TERMS • 1-3.1 Definitions and Terms. - Wherever in the Standard Specifications the . following terms are used, the definitions shall be amended to read: Agency - The City of Palm Springs, a charter city organized and existing in the County of Riverside, State of California. • Engineer - The Director of Public Works/City Engineer of the City of Palm Springs, California. • i Liquidated Damages - The amount prescribed in the Special Provisions, pursuant to the authority of Government Code Section 53069.85, to-be paid to the City or to be deducted from any payments due, or to become due, the Contractor for each day's delay in completing the whole or any specified portion of the Work beyond the time allowed in the Special Provisions- • Standard Plans - The Standard Drawings and the Special Drawings of the City of Palm Springs. • Owner-The Owner shall be the Agency, as defined above. Working Day- A Working Day is defined as any day, except as follows: • • (a) Saturdays, Sundays, and any designated legal holiday officially observed by • the City of Palm Springs- Designated legal holidays are: . New Years Day (January 1) Martin Luther King Jr. Day (January 21) 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) • • • BASKETBALL AND TENNIS COURT RESURFACING TERMS DEFINITIONS,ABBREVIATIONS,AND SYMBOLS • CITY PROJECT NO 08-24 SPECIAL PROVISIONS-SECTION 1 -PAGE 2 1211 GI08 . • • • • When a designated holiday falls on a Saturday, the Friday before the holiday shall • be a designated legal holiday. When a designated holiday falls on a Sunday, the • Monday after the holiday shall be a designated legal holiday. (b) Days on which the Contractor is prevented by inclement weather or conditions resulting immediately therefrom adverse to the current controlling operation or • operations, as determined by the Engineer, from proceeding with at least 75 • percent of the normal labor and equipment force engaged on such operation or . operations for at least 60 percent of the total daily time being currently spent on + the controlling operation or operations. • - END OF SECTION - • • • • • • • • • • • • • • • • • • • • • • • • • BASKETBALL AND TENNIS COURT RESURFACING TERMS DEFINITIONS,ABBREVIATIONS AND SYMBOLS CITY PROJECT NO,03-24 SPECIAL PROVISIONS-SECTION 1 -PAGE 3 12/15/08 • • • • SECTION 2 -- SCOPE AND CONTROL OF WORK 2_-1 GENERAL • • Particular attention is directed to the provisions of Section 6-1, "Construction Schedule . and Commencement of Work," Section 6-7, "Time of Completion," and Section 6-9, "Liquidated Damages" of the Standard Specifications. • • After the Contract has been approved by the City, and a written Notice to Proceed has • been issued to the Contractor, the Contractor shall start the Work within 10 working days after the date specified in said Notice to Proceed. • The work, if awarded to include Bid Schedules A through C, inclusive, shall be diligently prosecuted to completion before the expiration of: 20 WORKING DAYS • from the day specified in the Notice to Proceed issued by the City. • In the event one or more Bid Schedules are not awarded and included in the Work, • the Work shall be completed as indicated below, with the contract time being the sum of the allowable working days specified for each of the Bid Schedules awarded, up to the maximum contract time allowed of 20 workinq days. • The Work identified in Bid Schedule A shall be diligently prosecuted to completion • before the expiration of: • . 5.WORKING DAYS • from the date specified in the Notice to Proceed from the City. • The Work identified in Bid Schedule B shall be diligently prosecuted to completion . before the expiration of: • 5 WORKING DAYS • • from the date specified in the Notice to Proceed from the City. • The Work identified in Bid Schedule C shall be diligently prosecuted to completion before the expiration of: • • 10 WORKING DAYS • from the date specified in the Notice to Proceed from the City. • • • BASKETBALL AND TENNIS COURT RESURFACING SCOPE AND CONTROL OF WORK • CITY PROJECT NO.08-24 SPECIAL PROVISIONS-SECTION 2-PAGE 1 • 12/15/08 • • As set forth in the Agreement, the Contractor shall pay to the City as liquidated . damages the sum set forth in the Agreement per day for each and every calendar day's delay in finishing the Work in excess of the number of working days prescribed above. • 2-2 CONTRACT BONDS • 2-2.1 BONDING COMPANY WAIVER OF RIGHT OF NOTIFICATION • The following shall be ,added at the end of Section 2-4 of the Standard Specifications: • "The Contractor shall ensure that its Bonding Company is familiar with all of the terms and conditions of the Contract Documents, and shall obtain a written acknowledgement by the Bonding Company that said Bonding • Company thereby waives the right of special notification of any changes or modifications of the Contract, or of extensions of time, or of decreased . or increased Work, or of cancellation of the Contract, or of any other act or acts by the City or any of its authorized representatives." • • 2-2.2 EXECUTION OF BONDS Bonds shall be executed by either (a) two (2) or more sufficient personal sureties; (b) one sufficient admitted) surety insurer; or(c) a combination of sufficient personal sureties • and admitted surety insurers. If a corporate surety insurer is used, a County Clerk's certificate evidencing that it is an admitted surety insurer shall be submitted with the • bonds. If a personal surety is used, all requirements set out in Code of Civil Procedure Section 995.510 shall be met to the satisfaction of the City Engineer. • 2-3 PRECEDENCE OF CONTRACT DOCUMENTS The provisions of Section 2-5.2 of the Standard Specifications shall be revised to read as follows: • In resolving disputes resulting from Conflicts, errors, or discrepancies in any of the • Contract Documents, the document highest in precedence shall control. The order of • precedence shall be as listed below: • 1. Change Orders or Work Change Directives • 2. Agreement • 3. Addenda 4. Contractor's Bid (Bid Forms) 5. Special Provisions • 6. Notice Inviting Bids , 7. Instructions to Bidders 8. Plans (Contract Drawings) • 9. Standard Plans • 10. Standard Specifications • 11. Reference Documents • BASKETBALL AND TENNIS COURT RESURFACING SCOPE AND CONTROL OF WORK • CITY PROJECT NO.08-24 SPECIAL PROVISIONS-SECTION 2-PAGE 2 12/15/08 • • • • • With reference to the Drawings, the order of precedence shall be as follows: • 1. Figures govern over scaled dimensions • 2. Detail drawings govern over general drawings • 3. Addenda or Change Order drawings govern over Contract Drawings • 4. Contract Drawings govern over Standard Drawings • 5. Contract Drawings govern over Shop Drawings 2-4 SUBSURFACE DATA • Section 2-7 of the Standard Specifications shall be revised to read as follows: "2-7.1 Limited Reliance by Contractor. - Soils reports and other reports of subsurface conditions may be made available for inspection by • the Contractor. HOWEVER, SUCH REPORTS AND DRAWINGS ARE • NOT CONTRACT DOCUMENTS. The Contractor may rely upon the • general accuracy of the "technical data" contained in such reports and . drawings only where such "technical data" are specifically identified in the Special Provisions. Except for such reliance on such "technical data," the • Contractor may not rely upon or make any claim against the City, the Engineer, nor any of the Engineer's Consultants with respect to any of the . following: • 2-7.1.1. Completeness. - The completeness of such reports and • drawings for Contractor's purposes, including, but not limited to, any • aspects of the means, methods, techniques, sequences, and procedures • of construction to be employed by Contractor and safety precautions and programs incident thereto, or • 2-7.1.2. Other Information. - Any other data, interpretations, • opinions, and information contained in such reports or shown or indicated in such drawings, or • • 2-7.1.3. Interpretation. - Any interpretation by the Contractor of • such "technical data," or any conclusion drawn from any "technical data" . or any such data, interpretations, opinions or information." • 2-5 TEMPORARY ACCESS OR CONSTRUCTION RIGHTS-OF-WAY Unless indicated otherwise, all temporary access or construction rights-of-way, other than those shown on the Plans, which the Contractor may find it requires during • progress of the Work, shall be arranged by and paid for entirely by the Contractor, at its • own expense. • • • • BASKETBALL AND TENNIS COURT RESURFACING SCOPE AND CONTROL OF WORK CITY PROJECT NO.08-24 SPECIAL PROVISIONS-SECTION 2-PAGE 3 • 12/15/08 • • • • 2-6 AUTHORITY OF THE ENGINEER • The Engineer will decide all conflicts which may arise as to (1) the quality or • acceptability of the materials or equipment furnished, (2) the performance of the Work, • (3) the manner of performance and rate of progress of the Work, (4)the interpretation of • the Plans, Specifications, and Special Provisions, (5) the acceptable fulfillment of the • Contract on the part of the Contractor, and (6) compensation of the Contractor. The Engineer's decision shall be final, and he shall have the authority to enforce and make • effective such decisions and orders which the Contractor may fail to carry out promptly. • 2-7 INSPECTION • The Engineer shall have complete and safe access to the Work at all times during • construction, and shall be furnished with every reasonable facility for ascertaining that • the materials and the workmanship are in accordance with the Specifications, the Special Provisions, and the Plans. All labor, materials, and equipment furnished shall be subject to the Engineer's inspection. When the Work is substantially completed, a representative of the Engineer will make the final inspection. 2-8 SITE EXAMINATION The Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work, and the general and local conditions, such as, but not limited to, all other matters which could in any way affect the Work or the costs thereof. • The failure of the Contractor to acquaint itself with all available information regarding any applicable existing or future conditions shall not relieve it from the responsibility for • properly estimating either the difficulties, responsibilities, or costs of successfully performing the Work according to the Contract Documents. • • 2-9 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. • Contractor shall refer to Section 10-4.1 of these Special Provisions for requirements to contain all contaminated surface runoff resulting from pressure washing and removing existing court surfaces. The Contractor shall be responsible for ensuring complete • containment and legal disposal of all resulting materials. • 2.10 SUBMITTALS The following provisions shall replace Section 9-2 "Lump Sum Work" of the Standard Specifications: • BASKETBALL AND TENNIS COURT RESURFACING SCOPE AND CONTROL OF WORK • CITY PROJECT NO. 08.24 SPECIAL PROVISIONS-SECTION 2-PAGE 4 12/15/08 . • • • • On lump sum items, the Contractor shall submit, for approval by the • Engineer, a Schedule of Values, or lump sum price breakdown, which will serve as the basis for progress payments and shall be incorporated into a . form of Application for Payment acceptable to the Engineer. • Such Schedule of Values shall be submitted for approval at the Pre- construction Conference and must meet the approval of the Engineer , before any payments can be made to the Contractor. • • - END OF SECTION - • • • • • • • • • • • • • • • • • • • • • • • • • • • BASKETBALL AND TENNIS COURT RESURFACING SCOPE AND CONTROL OF WORK CITY PROJECT NO.88-24 SP�CCIAL PROVISIONS-SECTION 2�PAGE 5 . 12/15/08 • . SECTION 3 -- CHANGES IN WORK 3-1 EXTRA WORK The provisions of Section 3-3 of the Standard Specifications shall apply; provided, that . the provisions for markup percentages for overhead and profit for extra work referenced in subparagraph 3-3.2.3 of the 2006 edition shall be deleted in its entirety and the following substituted therefor: • 3-2PAYMENT 3-2.1 Markup: The provisions of Subsection 3-3.2.3 Markup, shall be amended to read as follows: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profit. 1) Labor 24 percent(includes bonding) . 2) Materials 15 percent . 3) Equipment rental 15 percent 4) Other items and expenditures 15 percent 5) Subcontracts (1 st tier only) 5 percent 6) lower tier subcontractors none To the sum of the costs and markups provided for in this subsection, except for labor, one percent shall be added as compensation for bonding. END OF SECTION - BASKETBALL AND TENNIS COURT RESURFACING • CITY PROJECT NO.08-24 CHANGES IN WORK 12/15108 SPECIAL PROVISIONS-SECTION 3-PAGE 1 • • • • SECTION 4-- CONTROL OF MATERIALS • 4-1 TRADE NAMES OR EQUALS • • 4-1.1 Substitutions. - Subparagraph 2 of Section 4-1.6 of the Standard . Specifications shall be amended to read as follows: • Whenever any particular material, process, or equipment is indicated by a • patent, proprietary, or brand name, or by the name of the manufacturer, • such product shall be followed by the words "or equal." A Contractor may offer any material, process, or equipment considered as equivalent to that • indicated, unless a sole source is specified. Failure of the Contractor to • submit requests for substitution promptly after bid opening shall be . deemed to signify that the Contractor intends to fumish one of the brands • named in the Special Provisions, and the Contractor does hereby waive all rights to offer or use substitute materials, products, or equipment for • that which was originally specified- Unless otherwise authorized by the • Engineer, the time for submission of data substantiating a request for • substitution of an "or equal" item shall be not more than 20 days after bid opening. • • 4-1.2 Submittals for Approval of "Or Equals." - Should the Contractor request • approval for "or equal" products, it shall submit data substantiating such request to the . Engineer as per Subsection 4-1.1, above. Data for approval of"or equal' products shall include complete calculations, technical specifications, samples, or published documents relating to the performance and physical characteristics of the proposed substitute. The appearance of manufacturer and product names or trademarks, details . of materials or services, or product descriptions in either the Plans or the Specifications are for reference only and do not constitute an endorsement of same by the Engineer or • the City. • • 4.2 MATERIALS • 4-2.1 Quantities. - The Contractor shall submit with each of its billing invoices, a • corrected list of quantities, verified by the Engineer, for unit price items listed in the Bid • Schedule. 4-2.2 Placing Orders. - The Contractor shall place the order(s) for all long-lead • supplies, materials, and equipment, for any traffic signing, striping, legends, and traffic control facilities within 3 working days after the award of Contract by the City. The • Contractor shall furnish the Engineer with a statement from the 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 - • • • BASKETBALL AND TENNIS COURT RESURFACING CONTROL OF MATERIALS CITY PROJECT NO.08-24 SPECIAL PROVISIONS-SECTION 4-PAGE 1 • 12/15/08 • • • • • SECTION 5 -- UTILITIES • • 5-1 REMOVAL, RELOCATION, OR PROTECTION OF EXISTING UTILITIES (a) The following full text of Government Code Section 4215 shall replace the provisions of Section 5-5, subparagraph 4, of the Standard Specifications: • • "In accordance with the provisions of Section 4215 of the California • Government Code, any contract to which a public agency as defined in . Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or • protection of existing main or trunkline utility facilities located on the site of • any construction project that is a subject of the contract, if such utilities are • not identified by the public agency in the plans and specifications made a part of the invitation for bids. The agency will compensate the Contractor • for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such • utility facilities not indicated in the plans and specifications with • reasonable accuracy, and for equipment on the project necessarily idled during such work. • The Contractor shall not be assessed liquidated damages for delay • in completion of the project, when such delay was caused by the failure of the public agency or the owner of the utility to provide for removal or • relocation of such utility facilities. • • Nothing herein shall be deemed to require the public agency to indicate the presence of existing service laterals or appurtenances • whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as • buildings, meter and junction boxes, on or adjacent to the site of the • construction; provided, however, nothing herein shall relieve the public agency from identifying main or trunk lines in the plans and specifications. • If the Contractor while performing the contract discovers utility facilities not identified by the public agency in the contract plans or . specifications, he or she shall immediately notify the public agency and utility in writing. • . The public utility, where they are the owner, shall have the sole discretion . to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price." • • Special Note: While the City endeavors to show all known utilities in the plans, the . City's inclusion of this special provision with reference to Government Code Section 4215 is made to advise the Contractor of the fact that not all utilities may be shown in • the plans, and that by this reference included in the specifications, the Contractor assumes responsibility for protecting all known utilities that are shown in the plans OR BASKETBALL AND TENNIS COURT RESURFACING UTILITIES CITY PROJECT NO.08-24 SPECIAL PROVISIONS-SECTION 5-PAGE 7 • 12/15/08 • • • • • identified by location in the project area by markings provided by Underground Service • Alert prior to construction. The City will only compensate the Contractor, as required by law, for locating utilities that are shown in the plans or identified by location in the project • area by markings provided by Underground Service Alert, and which can not be found in the general location identified. The City will not compensate the Contractor for locating and protecting utilities shown in the plans OR marked by Underground Service • Alert prior to construction. The Contractor is advised to investigate and review all existing utilities in the project area, and in submitting a Bid, acknowledges its • responsibilities as referenced herein. • (b) Removal, Relocation, or Protection of Existing Utilities. - The following provisions shall be added to the end of Section 5-5 of the Standard Specifications: • "If the Contractor, while performing the Contract, discovers utility facilities not identified by the public agency in the Contract Plans or Specifications, • he or she shall immediately notify the public agency and utility in writing. • The public utility, where they are the owner, shall have the sole discretion to-perform repairs or relocation work, or permit the Contractor-to do such repairs or relocation work at a I reasonable price." . 5-2 UTILITY LOCATION AND PROTECTION • The Contractor shall be responsible for coordinating its work with all utility companies during the construction of the Work. All water meters, water valves, fire hydrants, Southern California Edison vaults, General Telephone vaults, Southern California Gas Company valves, and other • subsurface structures shall be protected by the Contractor as specified in the Special . Provisions. - END OF SECTION - • • • • • • • • • • BASKETBALL AND TENNIS COURT RESURFACING UTILITIES • CITY PROJECT NO.08-24 SPECIAL PROVISIONS-SECTION 5-PAGE 2 12/15/08 • • • SECTION 6 -- PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK • 6-1 LIQUIDATED DAMAGES 6-1.1 Amount. - The amount of liquidated damages as specified in Section 6-9 of the • Standard Specifications shall not apply, but shall be as stated in the Agreement- 6-2 TIMES OF OPERATION 6-2.1 Hours of Operation. - It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following, other than between the hours of 7:00 a.m. • to 3:30 p.m., Monday through Friday, with no work allowed on City-observed holidays, unless otherwise approved by the Engineer: 1. Powered Vehicles 2. Construction Equipment ! 3. Loading and Unloading Vehicles 4. Domestic Power Tools • 6-3 NOTIFICATION • The Contractor shall notify the City and the owners of all utilities and . substructures not less than 2 working days prior to commencing the Work. The ' - • following list of names and telephone numbers is intended for the convenience of the Contractor only and is not guaranteed to be complete or correct: • . CITY OF PALM SPRINGS Mike Lytar, Senior Public Works Inspector (760) 323-8253 • George Herrera, Streets Maintenance Supervisor (760) 323-8167 • Dave Barakian, City Engineer (760) 323-8253 VERIZON Attention_ Mr. Bill Morrow (760) 778-3627 • DESERT WATER AGENCY Attention: Ms. Debbie Randall (760) 323-4971 • SOUTHERN CALIFORNIA EDISON COMPANY • Attention: Mr. Frank Jasso (760) 202-4278 SOUTHERN CALIFORNIA GAS COMPANY Attention: Ken Kennedy (909) 335-7716 • • TIME-WARNER CABLE Attention: Mr. Dale Scrivner (760) 647-5452 • WHITEWATER MUTUAL • PROSECUTION, PROGRESS, BASKETBALL AND TENNIS COURT RESURFACING AND ACCEPTANCE OF THE WORK • CITY PROJECT NO.08-24 SPECIAL PROVISIONS-SECTION 6-PAGE 9 12/15/08 • • • • Attention: Mr, Stan Clark (7.60) 325-5880 SPRINT Attention: Mr. Lynn Durrett (909) 873-8022 • UNDERGROUND SERVICE ALERT (800) 227-2600 • • • 6-4 EMERGENCY INFORMATION • The names, addresses, and telephone numbers of the Contractor, sub- • contractors, their owners, officers, and superintendents, shall be filed with the Engineer • at the Pre-Construction Conference. + END OF SECTION - • • • • • • • • • • • • • • • • • • • • • • • • • BASKET6AL PROSECUTION PROGRESS,L AND TENNIS COURT RESURFACING CITY PROJ6Cl'N0.08-24 AND ACCEPTANCE OF THE WORK •12l15/08 SPECIAL PROVISIONS-SECTION 6-PAGE 2 • • • • • SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR • 7-1 General. - The provisions of Section 7-13 of the Standard Specifications shall be . revised to read as follows: • "The Contractor shall keep itself fully informed of all existing and future State and Federal laws, and county and municipal ordinances and • regulations, which in any manner affect those engaged or employed in the • Work, or the materials used in the Work, or which in any way affect the conduct of the Work, and of all such orders and decrees of bodies or • tribunals having any jurisdiction or authority over the same. He or she • shall at all times observe and comply with all such existing and future • Maws, ordinances, regulations, orders, and decrees of bodies or tribunals having any or all authority over the Work, and shall indemnify the City and • all officers and employees thereof connected with the Work, including, but • not limited to, the City Engineer, against any claim or liability arising from, • or based on, the violation of any such law, ordinance, regulation, order, or • decree, whether by itself or its employees. If any discrepancy or inconsistency is discovered in the Plans, Drawings, Special Provisions, or • Contract for the Work in relation to any such law, ordinance, regulation, • order, or decree, the Contractor shall forthwith report the same to the • Engineer in writing," • 7-2 Hours of Labor. — Eight hours labor constitutes a legal days work. The • Contractor shall comply with all applicable provisions of Section 1810 to 1815, inclusive, • of the California Labor Code relating to working hours. The Contractor shall forfeit, as a • penalty to the City, $25.00 for each worker employed in the execution of the contract by the Contractor or by any subcontractor under him for each calendar day during which • such worker is required or permitted to work more than 8 hours in any one calendar day • or 40 hours in any one calendar week, unless such worker receives compensation for • all hours worked in excess of 8 hours per day, or 40 hours during any one week at not less than one and one-half times the basic rate of pay. • • 7-3 Prevailing Wage Rates Not Applicable. - Funding for the Work is with all local . funds and, as provided under the City Charter, will NOT require compliance with the • prevailing wage requirements of the State of California_ • 7-4 Unpaid Claims. - If, at any time prior to the expiration of the period for service of Ir 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. BASKETBALL AND TENNIS COURT RESURFACING RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 08-24 SPECIAL PROVISIONS-SECTION 7-PAGE 1 • 12/15/08 • • • 7-5 Retainage From Monthly Payments. - Pursuant to Section 22300 of the • California Public Contract Code, the Contractor may substitute securities for any money • withheld by the City to ensure performance under the Contract. At the request and • expense of the Contractor, securities equivalent to the amount withheld shall be • deposited with the City or with a state or federally chartered bank as the escrow agent, who shall return such securities to the Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written • agreement for in-lieu construction payment retention, provided by the City between the • escrow agent and the City, which provides that no portion of the securities shall be paid • to the Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City will not certify that the Contract • has been satisfactorily completed until at least 30 days after filing by the City of a Notice of Completion. Securities eligible for investment under Public Contract Code Section • 22300 shall be limited to those listed'in Section 16430 of the Government Code, and to • bank or savings and loan certificates of deposit. • 7-6 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 four (4) feet below the surface, shall be subject to the following- conditions: the Contractor shall promptly,.- before the conditions are disturbed, notify the public entity in writing of such conditions. • • (b) It has been determined that the OSHA soil classification in Palm Springs has • designated to be Type C soil throughout the City. All protective measures shall be • based upon that determination. • 7-7 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 Ir provisions of said Section 20104, etiseq., 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. • BASKETBALL AND TENNIS COURT RESURFACING RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NC.08-24 SPECIAL PROVISIONS-SECTION 7-PAGE 2 12/15/08 • • • • • • • Unless further documentation is requested, the City shall respond to the claim within 45 • days, if the amount of the claim is less than $50,000, or within 60 days, if the amount of • the claim is more than $50,000, but less than $375,000. If further documentation is • requested, the City shall respond within the same amount of time taken by the Contractor to respond, or 15 days, whichever is greater, after receipt of the information, • if the claim is less than $50,000. If the claim is more,than $50,000, but less than • $375,000, and further documentation is requested by the City, the City shall respond • within the same amount of time taken by the Contractor to respond, or 30 days, • whichever is greater. • If the Contractor disputes the City's response, or the City fails to respond, the Contractor • may demand an informal conference to meet and confer for settlement of the issues in • dispute. The demand shall be served on the City, within 15 days after the deadline of the City to respond, or within 15 days of the City's response, whichever occurs first. The • City shall schedule the meet and confer conference within 30 days of the request. • • If the meet and confer conference does not produce a satisfactory request, the • Contractor may pursue the remedies authorized by law. • 7-8 Insurance Amounts • • Prior to commencing any Work, all contractors, vendors and service providers shall procure and maintain, at their own cost and expense for the duration of their contract • with the City, appropriate insurance against claims for injuries to persons or damages to • property which may arise from or in connection with the performance of the work or • services. The types of insurance required and the coverage amounts are specified • below: • A. Minimum_ Scope of Insurance Required • • 1. General Liability Insurance is required whenever the City is at risk of third-party claims which may arise out of work or presence of a contractor, vendor and • service provider on City premises. At a minimum this policy shall: • • • be written on a per occurrence basis; and • • include products and completed operations liability, independent contractors liability, broad form contractual liability, and cross liability protection. • • 2. Automobile Liability Insurance is required only when vehicles are used by a • contractor, vendor or service provider in their scope of work or when they are • driven off-road on City property. Compliance with California law requiring auto liability insurance is mandatory and cannot be waived. At a minimum this policy • shall: • • be written on a per occurrence basis; and • BASKETBALL AND TENNIS COURT RESURFACING • CITY PROJECT NO.08-24 RESPONSIBILITIES OF THE CONTRACTOR '1 V�5/08 SPECIAU PROVISIONS-SECTION 7 PAGE 3 • • • • • u include coverage for Bodily Injury and Property Damage, Owned, (Von-owned • and Hired Vehicles; and • • include coverage for owned, non-owned, leased and hired vehicles. • If an automobile is not used in connection with the services provided by the • contractor, vendor or service provider, a written request to waive this requirement • should be made to the City's Risk Manager- • 3. Workers' (Compensation and Employer's Liability Insurances is required for • any contractor, vendor or service provider that has any employees at any time • during the period of this contract. Contractors with no employees must complete . a Request for Waiver of Workers' Compensation Insurance Requirement form available from the City's Risk Manager. At a minimum, this policy shall: • provide statutory requirements of the State of California; and . o include $1,000,000 Employer's Liability. • B- Minimum Limits of Insurance Coverage Required • $1 Million per Occurrence/$2 Million Aggregate • • Umbrella excess liability may be used to reach the limits stated above. • • C. General Standards for Insurance Policies . All insurance policies shall meet the following standards: • 1. Insurance carrier is to be placed with duly licensed or approved non-admitted • insurers in the state of California. • 2. Insurers must have a Best's rating of B+, Class VII, or higher(this rating includes • those insurers with a minimum policyholder's surplus of $50 Million to $100 • Million). Exceptions to the Best's rating may be considered when an insurance • carrier meets all other standards and can satisfy surplus amounts equivalent to a • B+, Class VII rating. • 3. Certificate must include evidence of the amount of any deductible or self-insured retention under the policy. • D. Verification of Insurance Coverage • • All individuals, contractors, agencies, and organizations conducting business for the . City shall provide proof of insurance by submitting one of the following: (1) an • approved General and/or Auto Liability Endorsement Form for the City of Palm S rp inc�s or (2) an acceptable Certificate of Liability Insurance Coverage with an • approved Additional Insured Endorsement with the following endorsements stated • on the certificate: • BASKETBALL AND TENNIS COURT RESURFACING RESPONSIBILITIES OF TWE CONTRACTOR • CITY PROJECT NO,08-24 SPECIAL PROVISIONS-SECTION 7,PAGE 4 72l15/�8 • • • • • • • I. "The City of Palm Springs, its officials, employees and agents are named as an • additional insured" ("as it relates to a specific contract" or "for any and all work • performed with the City" may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have" ("as it relates to a specific contract" or "for any and • all work performed with the City" may be included in this statement)- See • Example A below. As an alternative to the non-contributory endorsement, the City will accept a waiver of subrogation endorsement on the General Liability policy. At a minimum, this endorsement shall include the following language: "This insurance company agrees to waive all rights of subrogation against the City of Palm Springs, its officers, officials and employees for losses paid under • the terms of this policy which arise from the work performed by the named insured for the City." 3. "The insurance afforded by this policy shall not be cancelled except after thirty days prior written notice by certified mail return receipt requested has been given • to the City." Language such as, "endeavor to" mail and "but failure to mail such • notice shall impose no obligation or liability of any kind upon the company, its • agents or representative" is not acceptable and must be crossed out. See • Example B below. • The Workers' Compensation and Employer's Liability policies shall contain waiver of subrogation clause in favor of City, its elected officials, officers, employees, agents • and volunteers. See Example C below. • In addition to the endorsements listed above, the City of Palm Springs shall be • named the certificate holder on the policy. • All certificates and endorsements- are to be received and approved by the City • before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agentibroker • 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: • • BASKETBALL AND TENNIS COURT RESURFACING RESPONSIBILITIES OF THE CONTRACTOR • CITY PROJECT NO 08-24 SPECIAL PROVISIONS-SECTION 7-PAGE 5 . irn5�as • • • • A copy of the full insurance policy which contains a thirty (30) days' cancellation • -notice provision (ten (10) days for non-payment of premimium) and additional insured and/or Moss-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 Lancluage for Insurance Certificates • Example A: • THE INSURANCE SHALL BE PRIMARY WITH RESPECTTO THE INSURED SHOWN • IN THE SCHEDULE ABOVE, OR IF EXCESS, SHALL STAND IN AN UNBROKEN CHAIN OF COVERAGE EXCESS OF THE NAMED INSURED'S SCHEDULED UNDERLYING PRIMARY COVERAGE. IN EITHER EVENT, ANY OTHER INSURANCE MAINTAINED BY THE INSURED SCHEDULED ABOVE SHALL BE IN EXCESS OF • THIS INSURANCE AND SHALL NOT BE CALLED UPON TO CONTRIBUTE WITH IT. • Example B: • SHOULD ANY OF THE ABOVE-REFERENCED POLICIES BE • CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE' • ISSUING INSURER WALL E-N9EA —no Tn MAIL 30 DAYS` WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN BUT • cA i i ioR�-Q-M�41��SI-K,I-1-N¢T-1�E-4�FiAl�-IMPQSE niNQ-Q9 ir_ATK4 &R o ITS AGENTS OR • RZ-RR•E�E4TAT-I-VE.S. • "The broker/agent can include a qualifier stating "10 days notice for nonpayment of premium." • Example C: • • IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES • THE RIGHT OF SUBROGATION AGAINST THE ABOVE ADDITIONAL • INSURED(S), BUT ONLY WITH RESPECT TO THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO. • G. Alternative Programs/Self Insurance • Under certain circumstances, the City may accept risk financing mechanisms such • as Risk Retention Groups, Risk Purchasing Groups, off-shore carriers, captive insurance programs and self-insurance programs as verification of insurance • coverage- These programs are subject to separate approval once the City has reviewed the relevant audited financial statements and made a determination that • the program provides sufficient coverage to meet the City's requirements- • The City has recently joined SPARTA (Service Providers & Artisans Trade Activities Proqram) to accommodate smaller contractors and service providers who have BASKETBALL ANb TENNIS COURT RESURFACING RESPONSIBILITIES OF THE CONTRACTOR • CITY PROJECT NO,08-21 SPECIAL PROVISIONS-SECTION 7-PAGE 6 12/15106 • • • difficulty in meeting the City's insurance requirements. The SPARTA Program offers a general liability program that provides the $1 million limit and, upon request, will also provide auto insurance with the $1 million limit (only in conjunction with the purchase of general liability insurance). SPARTA is only available during the time your company is under contract with the City- Insurance is provided on a per project basis and is overseen by the Municipality Insurance Services, Inc. Essex Insurance Company provides coverage and is an i A++ rated company. There is a 24-hour response time and coverage is immediate. A quote may be obtained by calling 1-800-420-0555 or online at www.2sparta.com. Type of work covered: a A. Personal services contracts; B. General contractors and their subcontractors (certain specialty trades excluded); C. Consultants; and • D. Providers of goods. H. Waiver of Modification of the Insurance Requirements Any waiver or modification of the insurance requirements can only be made by the . City's Risk Manager or designee at City's discretion. If you do not believe that the insurance requirements apply to you (e.g-, you do not have employees and therefore 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. 7-9 PERMITS 7-9.1 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. 7-9.2 City of Palm Springs Construction Permit. The Contractor shall be required to obtain and sign a City of Palm Springs Construction Permit prior to commencement of the Work, but the fee for this permit shall be waived. The Construction Permit can be obtained from the office of the Engineer. BASKETBALL AND TENNIS COURT RESURFACING RESPONSIBILITIES OP THE CONTRACTOR CITY PROJECT NO,08-24 SPECIAL PROVISIONS-SECTION 7-PAGE 7 • 12/18/08 • • • • 7-10 SITE CLEANUP • Throughout all phrases of construction, including suspension of work, and until final • acceptance of the project, the Contractor shall keep the work site clean and free from • rubbish and debris. The Contractor shall also abate dust nuisance, as required in • Section 7-11 of these Special Provisions. The use of water resulting in mud on public • streets will not be permitted as a substitute for sweeping or other methods. • Materials and equipment shall be removed from the site as soon as they are no longer • necessary; and upon completion of the work and before final inspection the entire • worksite shall be cleared of equipment, unused materials, trash, rubbish and debris so . as to present a satisfactory clean and neat appearance, as approved by the Engineer. All cleanup costs shall be absorbed in the Contractor's bid. • Full compensation for all work required in this section shall be considered as included in the contract prices paid for the related items of work and no additional compensation will be allowed therefor. • • 7-11 Dust Control. -The Contractor shall be responsible for stabilizing.the disturbed • soil during construction. The method which it will use must be approved by the • Engineer. If a water meter is required by the Engineer during construction, the Contractor shall contact the Desert Water Agency at (760) 323-4971 to obtain said • meter- The cost of this work shall be included in the price of various items in the Bid • Schedule, and no.additional payment will be made therefore. • The Contractor shall be responsible for maintaining the project site and providing • adequate dust control 24 hours a day, everVday, through the duration of the • rn oiect, in conformance with City requirements, Section 10 of the Standard a Specifications, and to the satisfaction of the City Engineer. The Contractor shall • complete and submit a City of Palm Springs Fugitive Dust (PM-10) Control Plan, for review and approval by the City Engineer, at the Pre-Construction Conference. • • Payment — Full compensation for providing 24 hour dust control and project • maintenance shall be considered as included in the contract lump sum price paid for mobilization, and no additional compensation will be allowed therefore. • END OF SECTION - • • • • • • • BASKETBALL ANO TENNIS COURT RESURFACING RESPONSIBILITIES OF THE CONTRACTOR • CITY PROJECT NO 08-24 SPECIAL PROVISIONS SECTION 7-PAGE 8 12/15/08 • • • • • • • SECTION 8 = FACILITIES FOR AGENCY PERSONNEL • • • (BLANK) • - END OF SECTION - • • • • • • r • • • • • • • • • • • • • • • • • • • • • • BASKETBALL AND TENNIS COURT RESURFACING FACILITIES FOR AGENCY PERSONNEL CITY PROJECT NO.08.24 SPECIAL PROVISIONS-SECTION 8-PAGE 1 • 12/15/08 • • • • SECTION 9 - MEASUREMENT AND PAYMENT • 9-1 GENERAL • • 9-1.1 Payment. - Payment of the Contractor's lump sum bid, shall include all compensation to be received by the Contractor for furnishing all tools, equipment, • supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of work,being described, as necessary to complete the various . items of work, all in accordance with the provisions for Measurement and Payment in • the Standard Specifications ,and these Special Provisions, and as shown on the Drawings, including all appurtenances thereto, and including all costs of compliance • with the regulations of public agencies having jurisdiction, including the Safety and S 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 Contractors conditional waiver of lien for the entire amount covered by such invoice; valid unconditional waivers of lien from • the Contractor and all subcontractors and material-men for all work and materials included in any prior invoices; • Waivers of lien shall be in the forms prescribed by California Civil Code Section • 3262- Prior to final payment by the City, the Contractor shall submit a final waiver of lien • for the Contractor's work, together with releases of lien from any subcontractor or • material-men- 9-1.3 Payment. - The last subparagraph of Standard Specifications Section 9-3-1 shall • be DELETED and the following substituted therefor: At the expiration of 35 days after acceptance of the Work by the City Council, 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 filed . notices to stop payment, or as may be authorized by the Contract to be further retained. • BASKETBALL AND TENNIS COURT RESURFACING MEASUREMENT AND PAYMENT • CITY PROJECT NO,08-24 SPECIAL PROVISIONS-SECTION 9-PAGE 1 • 12/15/08 • • 9-2 PAYMENT SCHEDULE • 9-2.1 - Initial Mobilization: - Measurement for payment for initial mobilization will be based upon completion of such work as a lump sum, non-proratable pay items, and shall • require completion of all of the listed items during the first 10 days following Notice to Proceed. • Payment for Initial Mobilization will be will be considered as included in the lump sum • price bid, which price shall constitute full compensation for all such work. The scope of the work included under initial mobilization shall include the obtaining of all bonds, • insurance, and permits; moving onto the site of all plant and equipment; and the • furnishing and erecting of plants, temporary buildings, and other construction facilities; all as required for the proper performance and completion of the Work. Mobilization S shall include but not be: limited to the following principal items: 1. Moving onto the site of all Contractor's plant and equipment required for • the first month's operations. • 2. Arranging for, and erection of, the Contractor's construction and storage • .yard per Section 7-10, "Public,Convenience and Safety." • 3. Obtaining and paying for all required bonds, insurance, and permits. . 4. Posting all OSHIIA-required notices, and establishment of OSHA-approved safety programs. • 5. Having the Contractor's superintendent at the job site full-time. 6- Submitting of the required Construction Schedule, as specified in the • Section 6-1, "Construction Schedule and Commencement of Work" of the Standard Specifications. • • In addition to the requirements specified above, all submittals shall conform to the applicable requirements of Section 2-5.3, "Shop Drawings and Submittals" of the • Standard Specifications. • No payment for any of the listed Initial Mobilization Work items will be made until all of the listed items have been completed to the satisfaction of the Engineer. • The aforementioned amount will be retained by the City as the agreed, estimated value of completing all of the mobilization items listed. Any such retention of money for failure • to complete all such mobilization items as a lump-sum item shall be in addition to the • retention of any payment pursuant to the provisions of Public Contract Code 22300. . • - END OF SECTION - • • • • • • BASKETBALL AND TENNIS COURT RESURFACING MEASUREMENT AND PAYMENT • CITY PROJECT NO 08-24 SPECIAL PROVISIONS-SECTION 9-PAGE 2 12/15/08 • • • • • SECTION 10 — CONSTRUCTION DETAILS 10-1 GENERAL. 10-1.1 Location The project is located at the following three locations: • Ruth Hardy Park located at 700 Tamarisk Road Sunrise Park located at 401 Pavilion Way • Demuth Park located at the southwest corner of Mesquite Avenue and Vella Road • • 10-1.2Scope of Work — The scope of work consists of furnishing all specified materials, labor, equipment, supervision and appurtenant work necessary for the • complete resurfacing of one (1) basketball court located at Ruth Hardy Park, one (1) basketball court located at Sunrise Park and the four (4) tennis courts located at . Demuth Park (as identified in the Appendix); miscellaneous repairs and improvements as identified in the project specifications; complete tennis and basketball court re- striping (per USTA regulations); net post painting; net post installation for (1) court only; • and center strap-holder replacement on tennis courts; and all appurtenant work. • • 10-1.3 Parking and Access. — The Contractor shall be allowed to use the existing parking lot at each project location for daily operations, subject to the approval of the City • Engineer. • • 10-2 EXISTING FACILITIES • 10-2.1 Existing Facilities. - It shall be the Contractor's responsibility to protect all existing • improvements not designated for removal. The City's Parks and Recreation staff will remove the tennis court nets- The Contractor shall be allowed to close to public use the entire tennis and basketball • court areas at each location. The Contractor shall be responsible for providing adequate • means of securing the project site and for prohibiting public access into the tennis and basketball courts throughout the duration of the project. • The Contractor shall be responsible for any and all damage done to existing property and • adjacent properties during all construction work under this contract, and the Contractor, at • its expense, shall make any repairs that result from its operations, to the approval of the • City Engineer. • 10-3 REMOVALS • 10-3.1 Disposal Site. - The Contractor shall specify the route and the disposal site of the • material that is required to be removed and hauled away. The Contractor shall provide this information at the Pre-Construction Conference. • • • BASKETBALL AND TENNIS COURT RESURFACING CONSTRUCTION DETAILS • CITY PROJECT NO.08.24 SPECIAL PROVISIONS-SECTION 10-PAGE 1 12/15/08 • • • • • The Contractor shall not stockpile any removals on any adjacent lots, with or without the property owner's approval. . 10-4 TENNIS AND BASKETBALL COURT RESURFACING • • 10-4.1 Surface Preparation. • The Contractor shall perform a pressure wash of the existing surfaces at a minimum pressure of 3,000 p.s.i., of a duration long enough to completely clean the existing tennis • and basketball court surfaces of all previous coatings and striping. All resulting contaminated water and surface runoff shall be completely contained, removed, and legally disposed of. The Contractor shall be responsible for ensuring it constructs, installs, or otherwise maintains. a containment system to intercept and • collect all resulting debris and surface runoff generated by the pressure washing. • Release of contaminated surface runoff beyond the project area and into the adjacent • park is prohibited, and any such release shall be subject to penalties and fines associated with violation of any pertinent regulations governing release of hazardous • waste. The Contractor shall identify its method of containment satisfying this • requirement at the pre-construction conference. • All tennis and basketball courts to be resurfaced shall be sound, free of depressions or "bird baths", free of cracks, and clean- To be sound, any ridges protruding from the • surface, or highly finished smooth spots ("spalled" areas), shall be removed by grinding. • Cracks shall be cleaned and removed of weeds and debris (if any). • All loose or broken concrete shall be removed and replaced. All spalled concrete shall • be patched and cracks filled with a high strength acrylic latex bonding liquid, mixed with silica sand and Portland cement. All expansion joints shall be cleaned and filled with an . approved material (Laykold Deep Patch by Advanced Polymer Technology, 724-452- 1330 or equal) in accordance with the manufacturer's specifications. Care shall be • taken to disc sand and blend the patched areas into existing surfaces so as not to produce unsightly ridges, high spots or shadows. • To be free of depressions or "bird -baths", the surface shall be flooded with water and all depressions holding water shall be filled and leveled with Laykold products, or equal, in • accordance with the manufacturer's specifications. Special acrylic latex primer/sealer shall be applied to exposed areas. • All loose or broken Concrete at net post, light post or fence post footings shall be • repaired or replaced as required by the Engineer. • The Contractor shall replace all existing central strap-holders with 1.5" diameter stainless steel eyebolts- The rods of the eyebolts shall be minimum 4" long epoxied in drilled holes. • • BASKETBALL AND TENNIS COURT RESURFACING CONSTRUCTION DETAILS . CITY PROJECT NO 08-24 SPECIAL PROVISIONS-SECTION 10-PAGE 2 • 12/15/08 • • • • • • 10-4.2 Base Coat. • Materials — An asbestos and lead free, acrylic latex binder and silica sand mix shall be • used as a base for the resurfacing of all tennis and basketball courts. Laykold Acrylic Resurfacer, by Advanced Polymer Technology, or equal shall be used. The Contractor • shall mix #30 mesh silica sand and acrylic latex binder, in accordance with the manufacturer's specifications. • • Application -- Application of one (1) coat of base coat shall be applied in accordance . with manufacturer's specifications. 10-4.3 Playing Surface. • • Materials. — A colored, asbestos and lead free, acrylic coating and silica sand mix shall • be applied as the playing surface of all the tennis and basketball courts. Laykold Colorcoat Mixtures, by Advanced Polymer Technology, or equal shall be used. A dark • green color shall be used in the playing surface area of basketball courts and for tennis • courts applied within the base lines and double side lines; a red color shall be applied to all other (exterior) areas of the tennis courts. Color selections shall be submitted to the Engineer for review and approval prior to application. • Application — Application of two (2) coats of playing surface shall be applied in accordance with the manufacturer's specifications. Apply one-coat of acrylic color with • #60 silica for medium speed and one-coat of acrylic color unsanded to seal the system. • 10-4.4 Net post-Installation. Furnishing and installation of new Net Posts shall be in accordance with the • manufactures specifications and installation guidelines. Net posts shall be 3" diameter steel tubing, shall have brass winder, removable handle and new ground sleeves. Net • posts shall be manufactured by Mansion Select, Model - 3" Edwards Classic Round or • approved equal- : 10-4.5Tennis and Basketball Court Striping. 10-4.5.1 Materials. — Highly reflective marking paint shall be used for striping the • surface of all tennis and basketball courts- Laykold White Line Paint by Advanced • Polymer Technology, or equal shall be used- • 10-4.5.2 Application — Application of tennis and basketball court striping shall • follow manufacturer's specifications. New tennis and basketball court striping shall be . masked so that edges are clean and straight. All tennis and basketball courts shall be striped with acrylic line paint in accordance with USTA and NBA regulations. See the • USTA Tennis Court and NBA Basketball Court diagrams included in the Appendix. • • • • BASKETBALL AND TENNIS COURT RESURFACING CONSTRUCTION DETAILS CITY PROJECT NO.08-24 SPECIAL PROVISIONS-SECTION 10-PAGE 3 12/15/08 • • • 10-4.6 Net Post fainting. Painting of the tennis court net posts shall be made with applicable primer and paint • suitable to adhere to metal surfaces, applied in accordance with the manufacturer's • specifications. Paint shall be dark green, identical to the tennis court playing surfaces, ! and as approved by the City Engineer. • 10-5 Payment. • Payment for all required work shall be made at the Contractor's lump sum bid and shall include payment for cleaning and pressure washing all specified tennis and basketball courts; containing and disposing all resulting contaminated water and runoff resulting from • pressure washing existing tennis and basketball courts; repairing all "spalled" and smooth areas; patching all "bird baths"; cleaning and filling all cracks and expansion joints; providing a smooth, Underlying playing surface; repairing all net post, light post, or fence . post footings; repairing all loose or broken concrete; replacing all center strap-holders; net post and hardware installation an designated court; painting net posts; application of • base coat and playing surface coatings; and court striping; and for performing all work as • specified in these special provisions and as directed by the Engineer- • 10-6 GUARANTEE All Tennis and Basketball court resurfacing shall be guaranteed by the Contractor against • raising, chipping, peening, cracking, and or blistering or similar conditions for a period of • five years after the date of acceptance of work. The guarantee shall be in writing and shall cover all labor, materials and replacement work. Prior to final acceptance of the work, the • Contractor shall submit a written 5-year guarantee to the City Engineer for review and • approval. _ • END OF SECTION - • • i • • • • • • • • • • • • BASKETBAI_L ANO TENNIS COURT RESURFACING CONSTRUCTION DETAILS . CITY PROJECT NO 08-24 SPECIAL PROVISIONS-,SECTION 10• PAGE 4 12/15/08 • • • • • • CITY OF PALM SPRINGS • • • PUBLIC WORKS AND ENGINEERING DEPARTMENT • • PART III W APPENDIX • BASKETBALL AND TENNIS COURT RESURFACING • CITY PROJECT NO. 08-24 • -Vicinity Map • - Ruth Hardy Park Basketball Court • - Sunrise Park Basketball Court . Demuth Park Tennis Courts • - Basketball Court Diagram Tennis Court Diagram • - Laykold — Manufacturer's Specifications • • • • • • • • • • • • • • • • • BASKETBALL AND TENNIS COURT RESURFACING CONTENTS • CITY PROJECT NO.08-24 PART III • 12/15/08 • i • PARK PARK 1 0 1 Q • PTO SAN RAFAEL ROAD a PAW Q [ouxYM1VRINOS . p FRANCI5 DRIVE V RONA • ce`�e- 9y z A . xr9ewenox �P V r PARK'lA RACQUET CLUB ROAD a ecuTEn z ¢ a cn • 711 z w a • � w • a VISTA CHINO ROAD 111 b } I} WW 6 • 3 w W � Q • OMRT HauuPJAL Z W OTACHEVAH ROAD `� a Rum HARDY NTS g N TAMARISK ROAD • I ALEJO ROAD • AMADO ROAD prrHAU O 111 o CLFNIER l¢x W� y . J TAHgUITZ CANYON WAY o � • W PAW MALE SPRINGS 'y Q TUNIS ctrvB BARISTO ROAD _ • U PAIL SPRINGS p PAW SPRINGS PWQ Zle, 1 O ¢ Sip SCHOOL PALM SPRIN GS • o RIWRIME counn REGIONAL AIRPORT R d eouRiHousE WARM SAND5 @ T [] c W SUNNY DUNES ROAD p SUNNY DUNES ROAD NOf • o oa J Um • MESOUITE AVE. PAW SPRINGS ME5Qk ITE AVE. cols°couRSEE owu1H . 2 J PARK • — SONORA RO ANY RS SPRINC4 GOW • N g O RSE 4` I'µu SY'PoNCS cols cwe Houa ROORMN CTmJC l • oAROMSgoEnG Jm • a �.�E�P{ Eggp°AGE QAN 11141 • d 4A YON pRll� Q4 • w a � U z • = a o STASMS KET VICINITY MAP • exs�e RUTH HARDY PARK • µUftRPY r SUNRISE PARK • ° BOGERT DEMUTH PARK • AIL 0 ° • y +i`�.�' _ _ _- ti, _,_. - . yam_,., :�.` ,�J' :•I`-• "I"IMF PT - - - - ��,�. ..,� M_= P.UTH HARDY PARK �t _ BASKETBALL COUP, 4�OWL 1 -. JH 41, - w «41: .iTj[ir}dLQ]OQL'�sYxner�'s�.Ca.kihR�•Y.±avew OigalNq���i-G ' - • pt.AtiMst RUTH HARDY PARK ,� = ,00h • a • BASKETBALL COURT CityGIS • �'�g4ti1�o-^ Copyright @2006 All Rights Reserved The imormation contained herein is the proprietary propertp of the • contributor supplied under license and may not be apprD,ed except as heensed Fry Digital Map Products • • • • • • • • w yi n it Ya , r 4 - y `w[ lii •r _ 4r� {" ��•� � "lu4r vTf,SUNRISE PARK d' ~I 9ASKETBALL c0URT r 3 T, 4 r >r� i �'i � _' - •fin r��r.��*, Alr-Pr 1 922621! r . e �n d J ��i •�, 'i• '` fir i ,` �'ti Sy ..l„n• r.;:sue=. 5Y: .•' t l' ' ',I .�I^-. .... '' �1'W'�F� a'i 41� r Y '�-•_ 5 r ,I�.'� •� 1. J�,J �A 1 r�y'��,r�x �••w'Y_,�.i i�dHS�!.i t ", { _. r• �r �`'� yr .I .0 . ..1 xr:.n.......7F�•, w _.,.,eye yd.+b'ruw�4,�rx, w Ltti"4 rim ;�k_ r'I:nW.., r.:......117 . ryln-• t r r J »u_wf•w i vw r..,.: . w, �a�����'W.'� w � 1 u.,.e� �.7wr.i �'+- r.whSM�:_I. ro,rn...9k:ryuv..in-vEirWYl'M. . r•Pig+r#?.umo9.IC.rxrne+r .r�' a�INlaam.oumavt14, I.wJ?�'. tJ 7■LM S^4, SUNRISE PARK • �y � � BOR w BASKETBALL COURT (1/2 N CityGIS COURT) CQl1F0R�1 COpynght 02006 All P.IghtS P,eserVed. The Inform9tlon contained herein le tha proprietary property 01 the contributor supplied under license and rnaq not be approved except as licensed by Digital Map products. • '— • F. 7 I, Y YAA 0 AA L Z 4 NET POST REPLACEMENT THIS COURTONLY 1 7,N1 �Ak, ILL 7Pam' YA' III ILL, Y,'k 15%. A n. N, . .,,�p.'yux:a4l � f- t.M;»r i�r'mi,N '' ,^ `',�..Ly �yfi�:d" ,� r,L IL- I mr IL i IT' 7 V7,;T I ...... Y DEMUTH PARK 60ft 11 CityGIS TENNIS COURTS• N Copyright @ 2006 All Rights Reserved, The information contained herein is the proprietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map Products. BASKU"LL 'CGUAT DIAGRAM q &--e Rule 1.13 rcr lec�mitim and'sLe bf cpIinnal cmcHn2 baxj lFCO IRTISLESSTHAN74-FEETLGN 'IT SHOULD FEDiVIDEQBYTWOLINES, EACH P'ARAUEL'TO AND4l} tEET FROM THE FARTHER END LNE. i Uvisic,n Lirr- 3` Radius r 9 G' Radtjr. p _71 1 �i 3 W3 sn {` 9f v - 1i"Y&Ie 2' Lrn_ r' Th- ThreE•Poi rit Line ;hall I3eThe IYToG.- Imo—} SameColorAr,the Frr_ - Thrver orcircie f Larva Lineanj arnckcf •I 5� I _ - - __ Cp9irnini Length Bk Fe-1 lreirie Al Lim. Shall Et t Insh-rs WxletNculral pone, Er.clndedl End Uri-s A k Side.irma Shall B-a Mnimalm U .21. Inches In L+sfdih. LLt Enj Shmz MINI14'ILIFd 0F3.FEET - --- - -- Righl End Shown Reclarrqulmr Emi kheard Preferably 10fe of unaLmitr-mled Ware QUISHe.It mp0asihlE1Q Fan 6ackbnard 72- Inches Wid- pravide 3 r-s1,a rdrrvrb.ruhen I-Irch line sl-�mld he m8rked .rlslde 5d-IrrhesVIhd- Eher�uit parallelwr h and 3 feel imide Iho-bmFrdary • • • • • • • i • • • • • ! • • • 000000000000 • 000 • ! • • • • � • • • • T RUR PLANE oflk - — REQUfREMENT : id,!SLOPE '� � ' IU2V - C' Ts� 1- INPOY - OT Ffe FAST 0 RY COU Fig 14,- 9,1,l5XPA M em sD CQUHT5 IPOST SIDE LINE ALLEY LINE 4V L F-FT ' RIGHT SERVICE SERM-E Lu COURT 0 COURT L � z us w Q � . CENTER SERVICE LINE — f to 13' WG IMT LEFT SERVICE SERVICE COURT COURT SIDE SCREEN • • • • • • • • • •-•-• . • • • • • • • • •2► •-• • • • • • • • • • • • • • ore • • • • • i y ADVANCED POLYMER T£CHNOI_OG~ 109 CONICA LANE, PO BOX 160 . HARMONY, PA 16037 • Deep Patch TEL(412) 452-1330 FAX(412) 452-1703 Effective April 1. 1998-New Area Coda(724) • PRODUCT DESCRIPTION LAYKOLD Deep Patch is a dry,cement-based patching For patches 3/8"-3/4":begin as in previous paragraph,except • compound that when combined with water is used to fill low leave this first coat in a rough condition to provide an additional areas(birdbaths)or cracked areas, mechanical bond. Allow the first coat to become firm, • approximately 1 hour,then apply a second layer_ Proceed in An advantage of using IAYKOLD Deep Patch is that it cures this manner to build up the repair area with no single layer bein[ . quickly and can exceed 3/4"in depth if applied properly- Deep more than 318"thick and the total thickness not exceeding 3/4". Patch does not contain asbestos,lead,or mercury. . For patches greater than 3/4"and crack repairs:add clean pea SURFACE PREPARATION gravel or limestone(No,8 size)to the Deep Patch at a ratio of 22 pounds aggregate to the already pre-mixed 5 gallon pail(44 Existing surface shall be clean,free from all din,dust and Vs)of Deep Patch and water. This aggregate must be • foreign debris,and shall be dry. New asphalt and concrete thoroughly wetted before adding to the pre-mixed Deep Patch • should be allowed a 30 day curing periad before applying any to assure proper incorporation and intimate bonding. Place this coatings. All surfaces must be structurally sound with any aggregate mix,as directed above,and finish to the desired • unsound concrete removed by chipping or scanfying. Oil and surface. other contaminants should be removed by solvents or acid • etching- When acid etching,thoroughly rinse and neutralize the Deep Patch is an internal self-curing material. Do riot use working surface with a 1%ammonia solution. membrane curing compounds on Deep Patch. When Deep . Patch is subjected to severe heat or air movement,cover with Prior to applying the material,the entire area should be Flooded wet burlap immediately after finishing to prevent the patch from . with water and checked for depressions of 1/16"or greater. drying too rapidly. These areas should be marked with chalk to show where the Temperature of the working surface and surrounding air should patches should be placed. be between 406-100`F and remain within this range for 2d PRIMER hours from the time the work is completed. • Make sure the patch is fully cured before applying any coatings To prime area,ma Deep Patch as instructed below,but,add • a per 5 gallon pail of Deep Patch into or additional patching layers. Once the patch is cured, it can be n additional pint of water P smoothed with a sanding block. the mix. Broom the primer coat on to the prepared concrete or • asphalt. Apply the Deep Patch topping before the primer coat Before applying any additional coatings over the patched area, has dried, prime the patch again as specified earlier- Tools and • equipment may be cleaned with water before the Deep Patch . INSTALLATION hardens. • Thoroughly mix for a minimum of 3 minutes at the rate of 7 LIMITATIONS pints of clean water to a 5 gallon pail(44 Vs)of Deep Patch. Allow the mixed mortar to sit for 5 minutes,allowing the • Do not apply when temperatures are below 40°F(100c)or chemicals to completely wet out and become fully active. After when rain is imminent. • the 5 minute induction period,quickly transport the mix to the • Do not use calcium chloride or calcium chloride based repair area and place. mixtures in Deep Patch. • Small quantities of Deep Patch may be mixed with a drill mixer. • Drying time depends on weather and patch thickness. • For larger quantities, use a paddle type mortar mixer. All . materials should be In the temperature range of 60°-900F. Dampen the working area with clean water before applying Deep Patch, but,do not leave excess water. Apply Deep Patch to the prepared surface and scrub into place using a putty knife, trowel,straight edge,or square tipped shovel. Finish by hand . troweling. Should the mix became stiff while working,dip tool in WARRANTY clean water for easier working_ For thin catches of 3/8"or less:use a small Knife or trowel APT warrants Its products to be free of manufacturing defects and to meet putty published physical properties when applied,cured,and tested in accordance • to scour and force Deep Patch into the existing surface. with the ASTM and APT standards. This warranty is in lieu of all warranties Build up to the desired height,not more than 318",and trowel to expressed or implied Including any warranty of merchantability or fitness for a • a finish surface. particular purpose in connection with this product. Neither seller nor supplier shall be liable tar any loss or damage either direct,incidental or Consequential • regardless of legal theory asserted,including negligence,merchantability anc for strict liability. Seller's and suppliers obligation shall tie to replace such quantity of product proven to be defective. Before using,user shall detemnin suitability of product for the intended use and user assumes all risk in • connection therewith. Rev ` • • • • • • • • • • • • • LookcAd ADVANCED POLYMER TECHNOLOG ; • 109 CONICA LANE,PO BOX 160 HARMONY, PA 16037 • TEL(724)452-1330 FAX(724)452.1703 • Acrylic Resurfaces PRODII_CZpFSCRIPTION COV@RAQE LAYKOLD Acrylic Fc.mfacer is a 100%acryhob=d emulsion LAYKOI.D Acrylic Resur;acer covcMge is approximamly.05-.07 • blended with selected fibers and tillers w be used For smoothing cough gallons per squmc yard per application ofundduted material. Coverage pavements- Acrylic Resurfacer does not conram rrshcsms,lead or may very,depending on pavement porosity Or Texture. • memory. Acrylic Rcsurfacer whirr combined with jiliea sand i5 designed as an LINITpA7'f N5 • acrylic filler(=urfaeer)coat for use over new or errsrmS aspaalt end • Donor apply when[emoeranues are blow 50°F(10°C)or when properly prepared concrcm Surfaces. • tarn is imminent. 5 F.PRE TION • Do nor allow m freeze. • • Do nor over dilute with water. Existlag surface shall be clean,Gee from all dim dust and foreign • DTymg time of'i hours deprmdiug on weatlfer eendnion5 • debris,and shall be dry. New asphalt and concrete should be allowed a 30 day curing period before applving any coatings. If Acrylic • Resurlilccr is to be applied over concrete,please miter TO The LAYKOLD ConcreTe primer product data Sheer. • Prior to applying the material,die entire area should be flooded with water and checked for depressions of 1/16"or greater. Depressions shall be filled using LAYKOLD Dccp patch or LAYKOLD Asphalt • Resurfaeer(refer to The individual product data slicers for application of • these patch materials). Acrylic Resurfacur may also be used to fill very minor depressions • (IB"or hiss)by mixing I part ofAcrylid Resurfaces in I pall.60-4ITit) mesh silica sand. Only add a small amount of water.if necessary,m • achieve workubillry. • )INSTALLATION Once patching is complete,1-2 applications of LAYKOLD Acrylic • Resurfaccr shall be applied to The surface When adding water and silica sand,The Acrylic Resurfaces must then • be mixed Thoroughly until The material is tonsisrent: WARRANTY • The amount and size of tare sand may be vaned To achieve different APT warrants its producM to he free of manufacturing defect and to texNres and filling pmperecs. A Iargcr Sand will have greater filling meet published physical properties when applied,cured and tasted in • properties• accordance with the ASTM and APT standards. This warranty is in lieu Tne mixed product shall be applied To The surface using a soft,rubber of all warranties cxpms5ed or implied Including any warranty of • squeegee The finished surface shall have a uniform appearance and ee merchnreabllay,or fitness For a particular purpose In connection with this free of ridges and tool marks If more Than I application Is applied,the product Neither seller nor supplier shall be liable for any loss or damage • either direct,inddenml or cansequental regardless of legal theory 2nd application should be pulled at a 90°angle to the Isr application. asserted,including negligence,merchantability and/of stdet liability Sellers and supplier's obliyabon shall be to replace such quantity of • MLY'CURE product proven to he defective. Before using,user shall determine •55 �allalu oFAc tic Resarfacer suitability of product Poll The Intended use and user assumes all risk in b ry cennedeen therewith • •600-SOO its.of 960-100 mesh silica sand Rev E198 • •30 gallorw of clean water • • • • • • • • LAYKOLD® • ACRYLIC • • CONCRETE PRIMER • • PRODUCT DESCRIPTION • LAYKOLD Acrylic Concrete Primer is a high strength LIMITATIONS • acrylic primer designed to improve the adhesion of LAYKOLD acrylic coatings to concrete surfaces. Do not apply when temperatures are below 50°F • Acrylic Concrete Primer is a concentrated material (10°C) or when rain is imminent • that is diluted at the jobsite. Acrylic Concrete Primer Do not allow product to pool or puddle in low is a clear, pale blue color, spots. Allow product to cure a minimum of 2 hours • SURFACE PREPARATION before applying any coatings.. Concrete slab should be installed with vapor • Existing surface shall be clean, free from all dirt and barrier and should not have any curing agents foreign debris, and shall be dry. New concrete applied. • should be allowed a 30-day curing period before Store in a cool, dry environment. • applying any coatings All surfaces must be structurally sound with any unsound material(s) . removed by chipping or scarifying. Oil and other contaminants should be removed by solvents or acid etching, and all resultant residue thoroughly . removed When acid etching, thoroughly rinse and neutralize the working surface with a 1% ammonia solution. INSTALLATION • In some instances, it may be necessary to lightly • prime an area prior to coating regular surfacing materials on concrete. APT manufacturers an Epoxy Concrete Primer which should be used on concrete • surfaces where hydrostatic pressure, efflorescence, staining or other problems are possible. See Epoxy • Concrete Primer technical data sheet. WARRANTY • In areas where a primer is desired, but adhesion or APT warrants its products to be free of manufacturing defects staining is less critical, one part Acrylic Concrete and o meet published physical properties when applied,cured • Primer may be diluted with two parts water, and and tested in accordance with the ASTM and APT standards. . applied as a primer over the entire area with a brush, This warranty is in lieu of all warranties expressed or implied roller, or squeegee. Be careful to fully coat the including any warranry of merchantability or fitness for a • particular purpose in connection with this product Neither surface filling all voids but do not allow material to seller nor supplier shall be liable for any loss or damage either pool in low spots Allow the primer to dry before direct incidental or consequential regardless of legal theory • proceeding with patching. asserted including negligence,merchantability and/or strict • liablllty. Seller's and supplier's obligation shall be to replace COVERAGE such quanclty of product proven to be defective Before using, user shall determine suitability of product for the intended use • Acrylic Concrete Primer coverage is approximately and user assumes all risk in connection therewith • 025 gal/yd- (0.12 kg/me-360 f /gal) per application. Coverage may vary depending on concrete porosity ADVANCED POLYMER TECHNOLOGY • and texture. 109 CONICA LANE, PO BOX 160 HARMONY, PA 16037 TEL(724)452.1330 FAX (724) 452-1703 . www.advpolyte_ch.com www.sti-sports.com • Rev 3/03 • • • • • • • 19 • LaocdW ADVANCED POLYMER TECHNOLOGY • 109 CONICA LANE, PO BOX 160 HARMONY, PA 16037 0 TEL(724)452-1330 FAX (724) 452-1703 • Colorcoat Concentrate • PR(1DOCT DF5('IZIPTION TEXTURE COLORCOAT MIXTURE • LAYKOLD Colorcont Concenrrate is a weir-resistant, 100%acrylic •55 gallons of Colorcoat Concentrate . emulsion consisting of brilliant pigments and quality polynu'rs that arc .400.500 Ibs of i704100 mesh silica sand blended into a highly concentrated form. Culurcoat Concentrate does a 45-50 gallons ofelean water • NOT conram ally asbcsms,lead-or mercury. An excellent advantage of the Colorcoat Conceneate product,is that It FINISH COLORCOAT NilNTURE • can be used for both the texture and finish coats,by job-mixing with .55 gallons of Colorcoar Concentric water and/or silica sand to achieve The desired ball speed and .50-55 gallons-of clew hater • playubdiry The Colorcoat Concentrate is an upgraded product to the discontinued LAYKOLD IM200 system COVERACE • LAYKOLD Culurcoat Conccntme can be applied to asphalt or . properly prepared cori fur the protection and bcauri6cation of Texture coat coverage he upproximately 04-.05 gallons per square yard many recreational surfaces,including rennis coum.bM. k¢ball courts, par application of undiluted material. . playgrounds-handbail courts,paddle reMis courts,are. Finish coat coverage is approximately.03-.04 gallons per square yard Colorcoat Concentrate is available in seven(7)standard colors: Dark per application of undiluted matenai . Grcen,N(ediurn Green.Red.Dark Blue.Beige,Gray,and Burgundy Co%cmgc may vary depending on pavement prroSu} and texrure. Oihc.colors are available upon request • SURFACE' PREPARATION LIMITATIONS • Existing surface shall be clean,free Cram all dirt,dust and foreign • Do not apply when temperatures are below 506P(10`C)or • debris,and shall be dry. New asphalt and concrete should be elluwod a when rain is imminent 30 day curing period before applying any coatings. If Colorcoat • I)a not allow to freeze . Concentrate is to be applied over concrete,please refer to the • Oo not over dilute with water LAYKOLD Concrete primer product data shoat. • Drying time of 2-4 hours depending on weather conditions. 0 Minimum I hourro rccoat • Prior to applying the material,the entire area should be flooded with 0 For indoor applications,sand should NOT be added to the water and checked for depressions of U]6"or greeter Depressions final coat. • shall be tilled using LAYKOLD Deep patch or LAYKOLD Asphalt Re5urfacer(refer to the individual product data sheen for application of • these patching materials) . Once patching iscomplete, 1.2 applications of LAYICOLD Acrylic Resufncer or LAYKOLD Asphalt Resurfscdr shall be applied to the surface(refer to to individual product dam sheets for apphcauon of • these resurfacing materials•). . please note that resurfacer coats may NO'T be necessary over previously coated Surfaces that are in Good condition. • INSTALLATION WARRANTY • when adding water andlor 5111C3 sand,ttic Colorcoat Conocntra¢must APT warrants its products to he from el'manularwring defects and to meet • dien be mixed thoroughly until the material is consistent. The amount published physical properties when applied,cumd and Iested in accordance and size of tend may be Varied to achieve different textures,ind Filling with to ASTbI and APF atand.uds Ttvs warchnty e:hp lieu of all wamannes . properties. A larger sand will slow the apccd of play expressed or implied including any wtummy of mo-ehantabdrry or fiuhuss for.h particular purpose in connection with this product. Naito-senor no,.upp6or • The mixed product shall be applied to to surface using asotk rubber shall be liable for any loss or damage enter dimes in nehdi ad or eor s;uflu nual squeegee. Two(2)applications of Colorcoat,minimum,are ncec5sary regardless of Icg.J theory asserted,including ncglig rice,mcrchanmbhli y and/or and should be ullcd at 90o tin Ica. The final coat should be ulled strict Ihab lity 5ollaee and supplier's obligation shall be m replace such qusnnry . P g P of product proven m be defceurc Ilel'ore using,user shall determine suitability parallel to to net. of product for din intended use and user ygames al risk m ccnnecuon • tcrewht. Rev 7/0!1 • • • • • • • 0 • • . ADVANCED POLYMER TECHNOLCut' 109 CONICA LANE, PO BOX 160 HARMONY, PA 16037 • 'rEL (412) 452-1330 FAX (412) 452-1703 White Line Paint Effective Aprill, 1998-Now Area Code(724) • PRODUCT DESCRIPTION • LAYKOLD White Line Paint is a water-based, 100%acrylic emulsion line marking paint. White Line Paint contains no solvents or oils that tend to attack the underlying surface causing cracking or crazing. • Line Paint is available in both textured(with silica sand)or regular(witheut silica sand)and in 1 gallon or 5 gallon units. . LAYKOLD White Line Paint contains NO asbestos lead,or mercury. • LAYKOLD White Line Paint is used for marking lines over color coating materials on tennis courts,basketball courts, and other recreational surfaces. White Lane Paint may also be used . directly over asphalt surfaces. SURFACE PREPARATION • Existing surface shall be clean,free from all dirt,dust and • foreign debris, and shall be dry New asphalt and concrete should be allowed a 30 day curing period before applying any • coatings. • INSTALLATION • Wait approximately 24 hours after applying color coatings • betore applying White Line Paint For indoor installations,wait until color coating materials are thoroughly cured. • Mix LAYKOLD White Line Paint completely before applying. • Do NOT add water. Tape and measure fines in accordance _ with the United States Tennis Court&Track Builders . Association specifications. • Brush or roll line paint in 1-2 coats depending on specification. TO improve crispness of the finished line,prime the tape, prior • to application of the line paint,with the same finish color coat material in which the surface has been coated. • COVERAGE • LAYKOLD White Line Paint coverage is approximately.75-1 gallon of line paint per standard size tennis court. LIMITATIONS . + Do not apply when temperatures are below 50OF(10°C)or when rain is imminent. • r Do not allow to freeze. r Do not dilute. • * Drying time of 2-4 hours depending on weather conditions. WARRANTY • APT warrants its products to be free of manufacturing defects and to meet published physical properties when applied,cured,and tested in accord... with the ASTM and APT standards This war my is in lieu of all warranties expressed or implied including any warranty of merchantability or fitness for • particular purpose in connection with this product Neither seller not suppli, shall be liable for any loss or damage either direct,incidental or oansequem • regardless of legal theory asserted,including negligence,merchantability ar for strict liability Sellers and suppliers obligation shall be to replace such • quantity of product proven to be defective, Before using,user shall deiem suitability of pfodudt for the intended use and user assumes all risk in • connection therewith. 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