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HomeMy WebLinkAbout05598 - SIMON CONTRACTING VILLAGEFEST BOLLARD INSTALLATION PHASE 2 CP 05-25 SETTLEMENT AND RELEASE AGREEMENT This Settlement and Release Agreement("Agreement")is entered into this_0day of 2012,by and between the City of Palm Springs, a charter city, organized and exi ing under the laws of the State of California("City"), and Superior Ready Mix Concrete, dba Simon Contracting("Simon") located at 1508 Mission Road, Escondido, California 92029, (collectively the "Parties," and individually a "Party"). WHEREAS, City and Simon entered into a contract entitled "Village Fest Bollard Installation —Phase 2, City Project No. 05-25," dated January 24,2008 for the installation of eleven(11) manually assisted security bollards across Palm Canyon Drive at Amado Road in the City; and WHEREAS, Simon retained the services of CPI to provide the required equipment and perform the installation of the required bollards; and WHEREAS, construction/installation was completed on June 6, 2008; and WHEREAS, Simon was required to provide a one(1) year warranty on the equipment and installation beginning at the completion of the installation; and WHEREAS, after completion of the installation and prior to the expiration of the warranty,the City notified both Simon and CPI that the bollards were not functioning as required and demanded that Simon and CPI correct said issues; and WHEREAS, over the next several months CPI, on multiple occasions,removed, rebuilt and redesigned the bollards in an attempt to satisfy the alleged issues; and WHEREAS,one of the eleven bollards was converted into a manually operated "screw type" mechanism bollard over [8j months ago, and the City has informed Simon that it is satisfied with that converted bollard; and WHEREAS, in October 2010, CPI proposed replacing certain internal parts of the ten remaining manually assisted lift bollards necessary to convert said remaining bollards into a manually operated "screw type" mechanism bollard at a cost to the City of$1350 per bollard; and WHEREAS, the City disputed the proposition that the City should be required to pay any additional costs to replace the non-functioning bollards as the City asserted the existing bollards were still covered by the warranty and were the responsibility of Simon and CPI; and WHEREAS,on August 4,2011,the City demanded that Simon address the replacement of the non-functioning bollards or the City would seek recovery of its damages for Simon's alleged breach of contract based on its provision of defective materials; and WHEREAS,the Parties have reached an agreement to compromise, settle, and resolve all issues, claims, demands, and disputes between the Parties arising out of or related to the initial provision and installation of security bollards related to City Project No. 05-25, the services provided by Simon and CPI, and City's claim of breach of contract against Simon(hereinafter the "Released ORIGINAL BID A ODlOR AGREEMENT Matters"); NOW THEREFORE, in consideration of the foregoing, the mutual promises set forth herein and other good and valuable consideration, the receipt and sufficiency of which the Parties acknowledge, the Parties agree as follows: CITY'S OBLIGATIONS 1. Within ten days after completion and acceptance of CPI's replacement of certain internal parts of the existing manually assisted lift bollards necessary to convert said existing bollards into a manually operated "screw type" mechanism bollard(" Converted Bollards"), City shall pay Simon and Simon shall have received the sum of$4,950.00, which represents one-third of the total cost proposed by CPI based on$1350 per converted bollard. Any failure to pay shall entitle Simon to damages and shall invalidate any Simon or CPI warranty set forth herein. Time is of the essence regarding this Agreement. 2. City acknowledges that all replaced parts from the conversion are CPI's property. 3. The City will provide reasonable administrative support, to agree(at least ten days prior to the selected date) to one of three times selected by CPI for training at the site of the Converted Bollards during weekday normal business hours, and to provide sufficient City personnel to be trained. SIMON'S OBLIGATIONS 1. Simon shall cause CPI to replace certain internal parts of the ten(10) existing manually assisted lift bollards necessary to convert said existing bollards into manually operated "screw type" mechanism bollard ("Converted Bollards"). The conversion of the bollards will be completed no later than ninety(90) days from the date hereof. City shall notify Simon,in writing within ten(10) working days following the above completion date if the Converted Bollards or their installation is not acceptable. Such notice shall specify in reasonable detail the reason or reasons the Converted Bollards or their installation has been deemed unacceptable. City's acceptance shall not be unreasonably withheld. The passage of ten(10) working days without notice of nonacceptance shall constitute acceptance by City. If the notice of nonacceptance is not sufficiently detailed to allow Simon to determine why such Converted Bollards or their installation is unacceptable, Simon may request in writing that City provide sufficient additional information. The passage of ten(10)working days from the date of such request without the provision of such additional information shall constitute City's acceptance of the Converted Bollards and their installation. 2. Simon shall cause CPI to provide to the City at the site of the Converted Bollards one training session similar in scope and detail to the prior training session for the manually assisted security bollards that were converted, which training will cover the maintenance and operation of the Converted Bollards. City shall notify Simon, in writing within ten(10)working days of receipt of CPI's notification of training completion if said training is not acceptable. Such notice shall specify in reasonable detail the reason or reasons the training has been deemed unacceptable. City's acceptance shall not be unreasonably withheld. The passage often(10)working days without notice of nonacceptance shall constitute acceptance by City. If the notice of nonacceptance is not sufficiently detailed to allow Simon to determine why the training is unacceptable, Simon may request in writing that City provide sufficient additional information. The passage of ten(10) working days from the date of such request without the provision of such additional information shall constitute City's acceptance of the training 3. For a period of one(1) year from the date of City's acceptance of the Converted Bollards and their installation, Simon shall warrant that the Converted Bollards and their installation shall conform to the single manually assisted lift bollard that exists on the date hereof. Any warranty for the ten Converted Bollards shall expire on the anniversary of the date of City's acceptance of the Converted Bollards and their installation and any repairs, remediation,replacement or any other action to any single bollard (or group of bollards)prior to the warranty expiring shall extend the warranty to that bollard or any other bollard or group of bollards. The warranties in this paragraph are in lieu of all other warranties, express or implied, or arising by course of dealing or performance, custom or usage in the trade, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The following sections of CPI's Sales Proposal dated 11/29/2007 are incorporated by reference and shall apply to this Agreement as if set forth in full: Section 6, "Warranty," of the"Conditions of Sale" and Section 1, "Warranty,"of the"Additional Automated Retractable Bollard Terms and Conditions", copies of which are attached hereto. MUTUAL OBLIGATIONS The Parties mutually agree as follows: 1. It is the intent of this Agreement that any and all present, future,known or unknown disputes among and between the Parties which related to, or arise from the Released Matters are fully, finally and forever resolved except for ongoing obligations and agreements specifically identified in this Agreement. 2. The Parties, for their respective heirs, legal successors, assigns, agents, employees, elected officials,representatives, officers, directors,partners, shareholders,parents, subsidiaries, affiliates and associates, do hereby forever discharge, release,relinquish and waive as to the others(s), and their respective heirs, legal successors, assigns, agents, employees, elected officials, representatives, officers, directors,partners, shareholders,parents, subsidiaries, affiliates, associates,insurers, guarantors,re-insurers,bonding and surety companies, any and all claims, demands, actions, causes of action,rights of indemnity(legal and equitable), obligations, costs, expenses, attorneys'fees, expert witness and consultant fees, damages, interest,penalties, losses and liabilities of whatever nature, character or kind,whether known or unknown, suspected or unsuspected, matured or contingent,which relate to, or arise from the Released Matters. 3. The Parties specifically acknowledge and agree that the terms of this Agreement are conditioned upon the performance of certain obligations and activities of the Parties that will not be completed at the time of execution of the Agreement, including,but not limited to the provision of a one(1) year warranty for the Converted Bollards. The Parties agree that if any Party fails to fulfill any of its obligations set forth herein this Agreement shall become null and void. hi that instance any Party may proceed with recovery of its respective damages by any means available without restriction. 4. Except for those obligations and agreements identified in this Agreement as excluded from the Released Matters, if any, and regarding the Released Matters, the Parties waive and relinquish any and all rights and benefits which they may have under, and which may be conferred upon them by, the provisions of Section 1542 of the California Civil Code,which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." In connection with such waiver and relinquishment, the Parties hereby acknowledge that they understand the full nature, extent and import of Section 1542 and have been so advised by their attorneys. The Parties acknowledge that they are aware of and/or may hereafter discover claims or facts in addition to or different from those which they now know and/or believe to exist with respect to the Released Matters in this Agreement,but that each Party hereto intends to and hereby does fully, finally, and forever settle and release all of the disputes and differences as between them, whether known or unknown, suspected or unsuspected,matured or contingent which concern, arise out of, or are in any way connected with the Released Matters. In furtherance of such intentions, the waivers and releases herein given shall be and remain in effect as full and complete releases,notwithstanding the discovery or existence of any such additional different facts or claims. 5. Each Party represents and warrants that they are the sole owner of all rights,title, and interest in and to all of the Released Matters settled under this Agreement, and that they have not heretofore assigned,transferred, or purported to assign and/or transfer to any person any matters, or portions thereof, settled and released under this Agreement. 6. The settlement,releases and other matters set forth herein are a compromise and settlement of disputed and contested claims between the Parties, and nothing contained herein shall be construed as an admission by any Party of any obligation and/or liability of any kind to any other Party. 7. This Agreement contains and embodies the entire agreement of the Parties with regard to the obligations under this Agreement and to the Released Matters covered herein, and no representations, inducements, or other agreements, oral or otherwise, not embodied herein, exist nor shall they be of any force or effect. This Agreement supersedes all prior agreements between the Parties and controls all rights and obligations between the Parties regarding the Released Matters. This Agreement can only be modified or amended by a subsequent written agreement signed by the Parties. 8. This Agreement is binding upon and shall inure to the benefit of the Parties, their respective agents, employees, elected officials, representatives, shareholders, officers, directors,partners, divisions, corporations, subsidiaries,parents, affiliates, assigns,heirs,predecessors, and successors,past,present, and future, and all of their insurers, guarantors, sureties and reinsurers. 9. The Parties to this Agreement shall each be deemed to have drafted this Agreement, such that no ambiguity in this Agreement,if any, shall be construed against any Party. 10. The Parties shall each bear their own costs, expenses and fees, of all kind, including attorneys and experts, up through the Effective Date of this Agreement regarding the Released Matters. 11. The Parties agree to execute all such other documents and perform such other acts as are necessary to give effect to the intent and purpose of this Agreement. 12. This Agreement is entered into and shall be subject to the laws of the State of California. The Parties consent to personal jurisdiction of the Superior Court of the County of Riverside for the resolution of any disputes arising out of or relating to this Agreement. 13. The date that all Parties have executed this Agreement shall constitute the "Effective Date" of this Agreement. 14. Each Party hereto represents, warrants, and acknowledges that it is represented by legal counsel, that it fully understands this Agreement, and that it has knowingly and voluntarily entered into it. Further,that it is authorized to sign this Agreement and bind the respective Party hereby and that all acts necessary to confer such authority have been duly,properly and legally taken. 15. In the event that one or more of the provisions,or portions thereof, of this Agreement is determined to be illegal or unenforceable, the remainder of this Agreement shall not be affected thereby, and all remaining portions of this Agreement shall continue to be valid, effective and enforceable to the fullest extent provided by law. As to any provision or portion of any provision of this Agreement that is determined to be illegal or unenforceable,that provision shall be deemed amended and revised, to the extent possible,in such a manner as to implement the intent of such provision or portion thereof to the greatest extent legally enforceable. 16. This Agreement may be executed in two or more counterparts, each of which will be deemed to be an original, and all of which together may be deemed to one and the same Agreement. Signatures transmitted electronically or by facsimile shall be deemed original signatures. 17. All communications referenced in or made pursuant to this Agreement shall be in writing, whether specified as such or not, and shall be delivered by courier or by hand or other means providing verification of receipt, to the addresses set forth below, and notice shall be deemed given on the date of receipt: IF TO SIMON: Arnold Velkamp General Counsel Superior Ready Mix Concrete dba Simon Contracting 1508 Mission Road Escondido, CA 92029 IF TO CITY: Marcus Fuller Assistant City Engineer City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 IN WITNESS WHEREOF, each of the Parties hereto and the persons and entities listed below has duly executed this Settlement and Release Agreement as of the date first written below: SUPERIOR READY MIX CONCRETE dba SIMON CONTRACTING By: �•�-- Name: r+o 1� V ,Ukaic 4 Title: Date: CITY OF PAL SWGS By: Name: DFFL,/D ,9'g0k1#V �, P k APPtiO TO FORM Title: pry Annmay Date: 3 �.. � OeM ���6 •�1�-- David H. 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On file ryvar4lXMM- = amet Ql e.Ir6tylaAtY1 aunt De inamaWlp aim GI POe BOlarl'NitAedcn,medRn aW miInlMMrb mamctbla- lAtOualvkad NamleA0r1 aaaarbnormpaYmrlW PutbYareuawrbed pane[Otltpl[aN 601Ay#atymwquvwsalDp maa0am d tlabPM«xs mt slMdlQ PotswsaW lea vFduaYvnepApot:uta olew4vnaa e.ftMai Degaoarmnt paaa sewb[oMW rW DY G�Rpe BOGrl mei to IaMtlAteaapFal as9WearnnmwamasKy DedW. i Bbnaara Oelivay a.AppmNmaleb'btaweal(yam wa f uroayeloNraMsysgK am efrorls eiA be maft we ad Aw Wrlelrarnm W. A.ra maM a.A[ale Wtarl ve*Ps tysreMay[adfv iaY paeal a 50%dvp 0m maApm TDe wwwt tapbb mg* , I understand and acceptthese terms and oonditions. Print name Signature 2 of 2: CaMpBO4269atle 1 il29y2007 Cal Pipe Bollards page 3 of 4 DOC # 2ooe-0561144 \ 10/20/2008 08:00R Fee:NC Page 1 of 1 Recorded in Official Records Country of Riverside J v Larry W. Ward Assessor, Cou iiiiii Clerk & Recorder S R U PAGE SIZE DA MISC LDNG RFD I COPY Recording Requested By And When Recorded Return TO: M A l 465 426 PCOR NCOR SUL NCHG ExAM City of Palm Springs Attn: City Clerk P.O. Box 2743, Palm Springs, CA 92263-2743 �"- '� T, CTl UNl I (SPACF ABOVE THIS LINE FOR RECORDING❑SE) (EXEMPT FROM RECORDING FEE PER GOV,CODE§6103) NOTICE OF COMPLETION " 8D1 NOTICE IS HEREBY given that: L The City of Palm Springs,California,is a municipal corporation,orgardzed 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. Tahquila Canyon Way, Palm Springs, California(P.O. Box 2743, Palm Springs, CA 92263-2743). 4. The public work of improvement on the hereinafter referred to real property within the city was COMPLETED on the 18ih day of September, 2008. 5. The name of the contractor(if mimed)for such work of improvement was: Superior Ready Mix,dba Simon Contracting,72270 Varner Road, Thousand Palms, CA 92276. 6. The public work of improvement,which was completed in the City of Palm Springs,County of Riverside, State of California,is described as follows: Village Pest Bollard Installation, installation of I in-ground bollards. 7. Nature of Interest: Fee Owner 8. The property address or location of said property is: North Palm Canyon Drive, south of Amado Road, Palm Springs, CA. 9. City Project No. 05-25,Agreement Number: 5508 CITY OF PALM SPRINGS: REVIEWED BY: L L DATED: /0 ` 2- Senior Public Works Inspector Michael K. Lytar A � l BY: "` "�� DATED: ,' L Director of Public Works/City Engineer David J. Barakian JAMES THOMPSON, being duly sworn, says: That he is the City Clerk of the aforesaid City of Palm Springs, California, the corporation that executed the foregoing notice; that he makes this verification on behalf of said corporation; that he has read the foregoing Notice of Completion,and knows the contents thereof,and that the facts stated therein are true; that as said City Clerk, he ma h's verification on behalf of said municipal corporation. / City Clerk-James Thompson Index No. 108 AGREEMENT THIS AGREEMENT made this�day of - - V `��WL in the yea72008,by and between the City of Palm Springs,a charter city,organized and existing in the C my of Riverside,under and by virtue of the State of California,hereinafter designated as the City,and 5IMON CONTRACTING hereinafter designated as the Contractor. The City and the Contractor,in consideration of the mutual covenants hereinafter set forth,agree as follows: ARTICLE f —THE WORK The Contractor shall Complete the Work as specified or indicated under the Bid Schedule(s)of the Citys Contract Documents entitled- VILLAGE FEST BOLLARD INSTALLATION-PHASE 2 CITY PROJECT NO.05-25 The Work is generally described as follows: Saw out asphalt and form and pour P.C.C. foundation for the installation of manually assisted lift security bollards,provide and install bollards and asphalt concrete paving ARTIC(_E Z—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 specked 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$576.00 for each calendar day that expires after the time specfed in Article 2,herein, ARTICLE 3—CONTRACT PRICE 0141,993.43) The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Pdoe(s)named in the Contractor's Bid and Bid Schedule(s)- ARTICLE A—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, Nonc llusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Cergicate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers0 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. AGREEMENT FORM L ARTICLE 5—PAYMENT PROCEDURES The Contractor shall submit Applications For Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the Engineer or the City as provided in the Contract Documents. ARTICLE 6—NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice,it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended,or if delivered at or sent by registered or certified mail,postage prepaid,to the last business address known to the giver of the Notice ARTICLE 7—MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written wnsent of the party sought to be bound; and specifically, but without limitation,monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law),and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns,and legal representatives,to the other party hereto,its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. IN WITNESS WHEREOF,the City and the Contractor have caused this Agreement to be executed the day and year first above written. ATTEST: CITY OF PALM SPRINGS,CALIFORNIA B APPROVED BY THE CITY COUNCIL: y City Cleric G 1 Minute Order No. Date /APPRDV'EDAr/FORM, Agreement No.By (/J City Attorney ` APPROVED BY CITY COUNCIL Date ✓�' /�' �79�g 1��� l�' "N 1 CONTENTS APPROVED: By Z;S/� City Engineer Date ,,nn II ry I��vlanager Date AGREEMENTFORM AGREEMENT AND BONDS-PAGE 2 CONTRACTOR:Check one:—Individual ,Partnership _Corporation Corporations require two notarized signatures: One from each of the following: A. Chairman of Board, President, or any Vice President AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer. SIC44ATURE NOTARIZED SIGNATURE NOTARIZED Name:_ r"IL/!'"t/./11 ' � Name. Title: ) u v v,� ,f�tr- Title: Address Address: State of State of County of County of On—before me On before me personally appeared personally appeared personally known to me(or proved to me on personally known to me(or proved to me on the basis of satisfactory evidence)to be the the 6aSi5 of satisfactory evidence)to 6e the person(s)Whose name(5)is/are Subscribed person(s)whose name(5)is/are subscribed to the within instrument and acknowledged to the within instrument and acknowledged to me that he/she/they executed the same In to me that he/shelthey executed the same in his/her/their authorized oapacity(les),and his/her/their authorized capacity(ies)and that 6y hislherltheir signature(s)on the that 6y his/her/their signature(s)on the instrument the person(s),or the entity up n instrument the person(s),o/aded n behalf of which the person(s)acted, behalf of which the person executed the instrument. �. executed the instrument. WITNESS my hand and official s- I. �l WITNESS my hand and o ✓� r Notary Signature Notary Signature Notary Seal: Notary Seal: AGREEMENTFORM AGREEMENT AND BONDS-PAGE 3 r � CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT wrc•�,..Z�•s.Y`a-t',y�' . ��:cr�c._'.�.".-. cscr'�K,rcr�,.5�"c.^ar.�.r.,sr,..^.'�, . crrc:.�.rrr.�,r�r . .rxr.�r.,,r..t,r State of California 1 County of On before me, J_ r2�N. C:42:i1,Z��1Lc� l�l.�� f�CU�IJC pate - 1•Icrc In¢¢rt NemE and Title el th¢Olpcor personally appeared NamBls)of Signer(¢( who proved to me an the basis of satisfactory evidence to be the person(4 whose nameW is/are subscribed to the within instrument and acknowledged to me that he/sheHhey executed the same in his/herAlleir authorized capacity(tt), and that by his/her/their signature(A on the instrument the person, or the entity upon behalf of IRENE ORTIZ which the personal acted, executed the instrument. Commission# 1631357 ._- Notary Public-C011fomla q .:. Riverside county I certify under PENALTY OF PERJURY under the laws { my comm.Expires ion 16.2010t of the State of California that the foregoing paragraph is true and correct- WITNESS my hand and official seal. Si natu ry Seal Above g a Not Signature o1 Notary Pu' 'iL 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 tp 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—Title(s): ❑ Partner—CJ Limited ❑ General _ _ ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact - ❑Attorney in Fact ❑ Trustee Tap of thumb here n Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator Other: ❑Other: Signer Is Representing: Signer Is Representing: �-�'z.�ti4K'•�-ems�i-z ��ct�a'��Lca"�o -M- . - . . . _ _�.� 02007 National Notary Assoaiaeon-9350 be Solo Ave RD Box 2402•0hatswortb CA 91313-2902-u Nioo¢alNotaryorg item 115907 Reorder Callttll-Free I-90b-876-6027 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 IISWOLC�t"% Title WORKER'S COMPENSATION CERTIFICATE AGREEMENTAND BONDS-PAGE 4 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: VILLAGE PEST BOLLARD INSTALLATION-PHASE 2 CITY PROJECT NO.05-25 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 fallowing as its certification: I am aware of the provisions of Section 3700 of the Labor Code,which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract To all the foregoing,and including all Bid Schedule(s), List of Subcontractors,Non-collusion Affidavit,Bidders 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! 12/04/07 Bidder. SIM�jO /�TJERAQl'CI�t`IG By: Ly'"(J�/11hdOJ'VL&f :L (Signature) Title. PARTF= MANAGER SID(PROPOSAL) BID FORMS-PAGE 2 BID SCHEDULE Schedule of Prices for the Construction of the- VILLAGE FEST BOLLARD INSTALLATION-PHASE 2 CITY PROJECT NO. 05-25 in Palm Springs, California Item ocscnptian Eedm.wd unit unit Amnunr No. Quantity Price 1. Initial Mobilization --- LS $5,000.00 / 2. Traffic Control --- LS $ J 3 Provide and install K12 Retractable Manually 11 EA Assisted Security Bollards. $ /d 4. P.C.C. Foundation 1 LS / f 7,9 a p QUANTITIES OF WORK: The quantities of work or material stated in the unit price items of the Bid Schedule are supplied only to give an indication of the general scope of the Work. The City does not expressly nor by implication agree that the actual amounts of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any unit price bid item, by an amount up to 25 percent of increase or decrease,without a change in the unit prices, and shall have the right to delete any bid item in its entirety, and receive full credit in the amount shown in the Bid Schedule for the deleted item of Work. Name of Bidder or Firm UNIT PRICE BID SCHEDULE BID FORMS-PAGE 3 INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100, et seq., of the Public Contract Cade, 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 Did 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. LIST OF SUBCONTRACTORS BID FORMS-PAGE 4 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of RIVERSIDE ) I, ROGER WALLENrM being first duly sworn, deposes and says that he or she is PR(kIP.CT MANAGER of gM42 rT 1RAf'M2C , 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 mm_ Q2URAC Mr, ByR ENE Title PROJECP MANAGER Organization SI40K CONTRACT Address PO BOX 10990 INDIO, CA 92202 NON-COLLUSION AFFIDAVIT BID FORMS-PAGE 5 BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDERICONTRACTOR'8 Name and Street Address: PO BOX 10990 INDIO, CA 92.202 2. CONTRACTOR'S Telephone Number. ( 760 ) 347-5399 Facsimile Number: ( 760 ) 347-6572 3. CONTRACTOR'S License: Primary Classification A—B State License Number(s) 892995 Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bonds on this Contract. Name of Surety ALLIED IMUPANCE Address PO BOX I820 LA MESA, CA 91944 Surety Company NATIONWIDE KML IPS- CD. Telephone Numbers: Agent( 800 ) 822-3666 Surety ( ) 5. Type of Firm (Individual, Partnership or Corporation): LIMITED PARTNERS[iIP 6. Corporation organized under the laws of the State of: CALIMMIA 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: J.$%IDWER TNVE57T9ENT INC- SOT,R GENERAL PARTNER JPGITC LIMITED PARTNERSHIP LIMi'M PARIM,,R MCC DEVELOPMENT CIDRPORATIM LIMITED PARTNER BIDDER'S GENERAL INFORMATION BIC)FORMS-PAGE 7 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 rTTy OF PATm nor Address FREo WARTW, nu v_n Contact JANLCE STALE Class of Work A-B Phone 760-346-0611 Contract Amount 10.000.000.00 Project FREEDOM PARK Date Completed 06-01-07 Contact Person Telephone number b. Owner cLTY OF TNDTo Address crvTr CENrFR DR- , TNnTo contact MARK Holmc[t Class of Work A-s Phone 760-342-6500 ContractAmount 3,000,000.00 Project INDTQ SOCCER PARK Date Completed 01-01-06 Contact Person Telephone number C. Owner PS AFRrAT.. TRURmy Address rm. TgAmoy unan Contact 10B PARKINS Class of Work A-B Phone 760-345-1449 ContractAmount 50.000 - 100,000 Project VARIOUS Date Completed ON GDM Contact Person Telephone number 10. List the name and title of the person who will supervise full-time the proposed work for your firm: ROGFR WALLENTINE 11. Is full-time supervisor an employee R contract services,7 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. 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Civil Engineer C 28931 .fj ML • 9 OFCALIFO�R • • • • • Approved by: • • • • • David J. Barakian, P.E. City Engineer • Civil Engineer C 28931 • • • • • • • • • • • - 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 • Bidder' s General Information Bid Bond (Bid Security Form) • • Agreement and Bonds Agreement Form • Worker' s Compensation Certificate • Performance Bond • Payment Bond Certificate of Insurance • PART II --SPECIAL PROVISIONS • Section 1 - Terms, Definitions, Abbreviations, • and Symbols • Section 2 - Scope and Control of Work Section 3 - Changes in Work • Section 4 - Control of Materials • Section 5 - Utilities • Section 6 - Prosecution, Progress, and Acceptance of the Work • Section 7 - Responsibilities of the Contractor Section 8 - Facilities for Agency Personnel • Section 9 _ Measurement and Payment Section 10 Construction Details • PART III --APPENDICES • APPENDIX "A" • Plans • k k • • • • • SPECIAL PROVISIONS + GENERAL CONTENTS-PAGE 1 • • • CITY OF PALM SPRINGS • • PUBLIC WORKS & ENGINEERING DEPARTMENT • • • • • PART I W BIDDING AND CONTRACTUAL • DOCUMENTS AND FORMS • • VILLAGE FEST BOLLARD INSTALLATION-PHASE 2 CITY PROJECT NO. 05-25 • 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 • • * F * * k • • • • • • • • • • • • • PART CONTENTS PAGE AFFIDAVIT OF PUBLICATION POSTING AND NOTICE State of. California ) County of Riverside ) ss City of Palm Springs) I, CARRIE ROVNEY, Administrative Assistant, of the City of Palm Springs, California, hereby declare, under penalty of perDury under the laws of the State of California, that the attached Public Notice Inviting Bids for CP No. 05-25, VillageFest Bollard Installation Project, Phase 2, was transmitted to the Public Record on November 8, 2007 for publication in The Public Record, an adjudicated legal publication on November 14 and 21, 2007, submitted to the following trade journals and Plan Roam Lists : McGraw-Hill Construction, Bid America, Hi-Desert Plan Room, Associated General Contractors, Reed Construction Data, Construction Bid Board, Southern California Builders Association, Construction Bid Source Interactive and Building Industry Association, posted on the Public Works and Engineering Website on November 15, 2007, and available for public rev.Lew and copy at the City of Palm Springs Public Works and Engineering Department, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, for the period commencing on November 14 through December 4, 2007 . Carrie Rovne , Administr t-±� . -istant City--o='alm Sprzn C lifornia • • • CITY OF PALM SPRINGS • • NOTICE INVITING BIDS • • For constructing VILLAGE FEST BOLLARD INSTALLATION-PHASE 2 - • Project 05-25 • N-1 NOTICE IS HEREBY GIVEN that sealed bids for the VILLAGE FEST • BOLLARD INSTALLATION-PHASE 2 will be received at the office of the Procurement and Contracting Manager of the City of Palm Springs, • California, until 2 P.M. on 4 December 2007 at which time they • will be opened and read aloud. • N-2 DESCRIPTION OF THE WORK: The Work comprises the construction • of manually assisted "lift bollards, Portland Cement Concrete • foundations and associated asphalt paving 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 and reject all other bids, as it may best serve the • interest of the City. (b) As a condition of award, the successful bidder will be • required to submit payment and performance bonds and insurance. N-4 BID SECURITY: each bid shall be accompanied by a certified or cashier' s check or Bid Bond in the amount of 10 percent of the • total bid price, payable to the City of Palm Springs . • N-5 BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid • Price for a period of 60 calendar days from the date of bid • opening. N-6 CONTRACTOR' S LICENSE CLASSIFICATION: The Contractor shall • possess a valid Class A or C13 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. • • NOTICE INVITING BIDS • PAGE • • 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 S35 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 $20 . 00 will be charged for sets of • documents sent by mail. • • N-11 ADDRESS AND MARKING OF BIDS: The envelope enclosing the Bid shall be sealed and addressed to the City of palm Springs, and • shall be delivered or mailed to the Procurement and Contracting • Manager at 3200 East- Tahquitz Canyon Way, Palm Springs, CA 92262. • The envelope shall be plainly marked in the upper left hand corner with the name and address of the Bidder and shall bear the words "Bid For. . " followed by the title of. the Project and the date and . hour of opening Bids . The certified or cashier' s check or Bid Bond • shall be enclosed in the same envelope with the Bid. • BY ORDER OF THE CITY OF PALM SPRINGS • Date 1( (U�l • • BY . David S. Barakian, PE Director of Public Works/City Engineer • • • • • • • • • NOTICE INVITING BIDS PAGE2 • • • • 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 Bidders . experience as of recent date on the form entitled "Bidder's General Information," bound herein. Except as otherwise provided under Public Contract Code §20103.5, no Bid for the Work will be accepted from a contractor who does not hold a valid contractor's license in the State of California for the classifications named in the Notice Inviting Bids at the . time of award. • 3. DISQUALIFICATION OF BIDDERS - More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. If the City believes that any Bidder is interested in • more than one Bid for the Work contemplated, all Bids in which such Bidder is interested will be rejected. If the City believes that collusion exists among the Bidders,all Bids will be rejected. • 4. BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND THE SITE— • a) It is the responsibility of each Bidder before submitting a Bid to examine the Contract Documents thoroughly; • visit the site to become familiar with local conditions that may affect cost, progress, or performance of the Work; consider federal, state, and local laws and regulations that may affect cost, progress, or performance of the Work;study • and carefully correlate the Bidder's observations with the Contract Documents; and notify the Engineer of all conflicts, errors,or discrepancies noted in the Contract Documents. • • (b) Reference is made to the Special Provisions for identification of those reports of explorations and tests of subsurface conditions at the site which may have been utilized by the Engineer in the preparation of the Contract • Documents. However, such reports are NOT a part of the Contract Documents. The interpretation of such technical data, including any interpolation or extrapolation thereof, together with non-technical data, interpretations, and opinions . contained therein or the completeness thereof is the responsibility of the Bidder. • (c) Copies of such reports and drawings will be made available for inspection by the City to any Bidder upon request. Those reports and drawings are NOT part of the Contract Documents, but any technical data contained therein • upon which the Bidder is entitled to rely is limited to that set forth in the Special Provisions. • (d)Subject to the provisions of Section 4215 of the California Government Code, information and data reflected • in the Contract Documents with respect to underground utilities at or contiguous to the site is based upon information and data furnished to the City and the Engineer by the owners of Such underground utilities or others, and the City does not assume responsibility for the accuracy or Completeness thereof unless it is expressly provided otherwise in the Special Provisions • (e) Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground utilities and other physical conditions, and possible changes in the Contract • Documents due to differing conditions appear in the Standard Specifications and Special Provisions. • (f) Before submitting a Bid, each Bidder must, at Bidder's own expense, make or obtain any additional • examinations and investigations which pertain to the physical conditions(surface,subsurface,and underground utilities) at or contiguous to the site or otherwise which may affect cost, progress, or performance of the Work and which the + Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price, and other ! terms and conditions of the Contract Documents. (g) Where feasible, upon request in advance, the City will provide each Bidder access to the site to conduct • such investigations and tests as each Bidder deems necessary for submittal of a Bid. The Bidder shall fill all exploration and test holes made by the Bidder and shall repair damage, clean up, and restore the site to its former condition upon completion of such exploration. (h) The lands upon which the Work is to be performed, the rights-of-way and easements for access thereto, • and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and • equipment are to be provided by the Contractor. Easement for permanent structures or permanent changes in existing • structures will be obtained and paid for by the City unless otherwise provided in the Contract Documents. • INSTRUCTIONS TO - BIDDERS-PAGE 1 • • • (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 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 bands 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 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 its 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. • • INSTRUCTIONS TO - BIDDERS-PAGE 2 • • • 13. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS - Unauthorized conditions, limitations, or • provisos attached to the Bid will render it informal and may cause its rejection as being non-responsive. The completed Bid forms shall be without interlineation, alterations, or erasures. Alternative Bids will not be considered unless • expressly called for in the Notice Inviting Bids. Oral, FAX, telegraphic, or telephone Bids or modifications will not be • considered. • 14. LIQUIDATED DAMAGES - Provisions for liquidated damages, if any, shall be as set forth in the Agreement and the provisions of the Special Provisions • 15. SUBSTITUTE OR"OR-EQUAL"ITEMS-The procedure for submittal of any application for a substitute or"or- equal" item by the Contractor and consideration by the Engineer is set forth in Section 4 of the Standard Specifications • and Special Provisions. • % 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 15 calendar days after receipt of the Agreement forms from the City. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in • connection therewith shall be just cause for an annulment of the award and forfeiture of the Bid Security, If the lowest responsive, responsible bidder refuses or fails to execute the Agreement,the City may award the Contract to the second • lowest responsive, responsible Bidder. If the second lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the City may award the Contract to the third lowest responsive, responsible Bidder. On the failure or • refusal of such second or third lowest Bidder to execute the Agreement, each such bidder's Bid Securities shall be • likewise forfeited to the City. • 18. WORKER'S COMPENSATION REQUIREMENT-The Bidder should be aware that in accordance with laws of the State of California,the Bidder will, if awarded the Contract, be required to secure the payment of compensation to its • employees and execute the Worker's Compensation Certification. • 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- • • • INSTRUCTIONS TO BIDDERS-PAGE 3 • • • • 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. • • • • • • • • • • • • • • • • • • • 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: • VILLAGE FEST BOLLARD INSTALLATION-PHASE 2 CITY PROJECT NO.05.25 • 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 Sid Security • This Bid will remain open for the penod 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 • Band,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 affecling cost,progress,or performance of the Work,and has made such independent investigations as Bidder deems necessary. • In conformance with the current statutory requirements of California Labor Code Section 1860, et seq., the undersigned confirms the • following as its certification: I am aware of the provisions of Section 3700 of the Labor Code,which require every employer to be insured against liability • for worker's compensation, or to undertake self-insurance in accordance with the provisions, before commencing the • performance of the Work of this Contract. • To all the foregoing, and including all Bid Schedule(s),List of Subcontractors, Non-collusion Affidavit,Bidders 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(&)named in the aforementioned Bidding Schedule(s). • • Dated: Bidder. • By. • (Signature) • Title • • • • • • • • • • • BID(PROPOSAL) BID FORMS-PAGE 2 • • • BID SCHEDULE • Schedule of Prices for the Construction of the: • VILLAGE FEST BOLLARD INSTALLATION-PHASE 2 • CITY PROJECT NO.05-25 in Palm Springs, California • I[nm Qescription Estimated unit unit Amount Na. Quantity P'm'. 1. Initial Mobilization --- LS $5,000.00 • 2. Traffic Control --- LS • $ • 3 Provide and install K12 Retractable Manually 11 EA Assisted Security Bollards. $ $ • • 4. P.C.C. Foundation 1 LS • • Name of Bidder or Finn • • QUANTITIES OF WORK: • The quantities of work or material stated in the unit price items of the Bid Schedule are supplied only • to give an indication of the general scope of the Work. The City does not expressly nor by • implication agree that the actual amounts of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any unit price bid item, by an amount up • to 25 percent of increase or decrease, without a change in the unit prices, and shall have the right to • delete any bid item in its entirety, and receive full credit in the amount shown in the Bid Schedule for the deleted item of Work. • • • Name of Bidder or Firm • • • • • • • • • • • • • • UNIT PRICE BID SCHEDULE BID FORMS-PAGE 3 • • • • INFORMATION REQUIRED OF BIDDER • LIST OF SUBCONTRACTORS • • As required under Section 4100, et seq., of the Public Contract Code, the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of • the Contractors Total Bid Price, or$10,000.00, whichever is greater, and shall also list the portion of the Work which • will be done by such subcontractor. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the • words "and/or will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive • and may cause its rejection. Contractors Percent • License of Total Work to be Performed Number Contract Subcontractors Name&Address • • 1. • • • 2. • 3. • • • 4. • • 5. • • 6. • • 7. • • 8. • • • • • • • • • • LIST OF SUBCONTRACTORS BID FORMS-PAGE 4 r • I • • • I : • • 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 • • • • • • • . _ NON-COLLUSION AFFIDAVIT BID FORMS-PAGE 5 • • • • • 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: • VILLAGE FEST BOLLARD INSTALLATION-PHASE 2 CITY PROJECT NO. 05-25 • • 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^ • SURETY: PRINCIPAL' • • (Check one: individual, _partnership, By . _corporation) • BY Title • algnaiure (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) • (NOTARIZED) • Print Name and Title: • • By • sgnatura • (NOTARIZED) • Print Name and Title: • (Corporations require two signatures one from each of the foiiowing • groups:A Chairman of Board.President or any Vlee President,AND e Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief • Financial officer). • • BID BOND(810 SECURITY FORM) $10 FORMS-PAGE 6 • • • • • 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: • • • • • • • • • • • BIDDER'S GENERAL INFORMATION - BID FORMS-PAGE 7 • • • • BIDDER'S GENERAL. INFORMATION (Continued) • • 8. Number of years experience as a contractor in this specific type of construction work: • • 9. List at least three related projects completed to date: • a. Owner Address • Contact Class of Work • Phone Contract Amount • Project Date Completed • Contact Person Telephone number • b. Owner Address • Contact Class of Work • Phone Contract Amount • Project Date Completed Contact Person Telephone number • C. Owner Address • Contact Class of Work • Phone Contract Amount • Project Date Completed • Contact Person Telephone number 10. List the name and title of the person who will supervise full-time the proposed work for your • firm: • 11. Is full-time supervisor an employee contract services ? 12. A financial statement or other information and references sufficiently comprehensive to permit an • appraisal of your current financial condition may be required by the Engineer. • • • • • • • • • • + BIDDER'S GENERAL INFORMATION BID FORMS-PAGE 8 • • • • • • AGREEMENT • • THIS AGREEMENT made this day of in the year 200 by and between the City of Palm Springs,a charter city,organized and existing in the County of Riverside, under and by virtue of the laws of the State of • California hereinafter designated as the City,and • • hereinafter designated as the Contractor. • The City and the Contractor,in consideration of the mutual covenants hereinafter set forth,agree as follows: • ARTICLE 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: • VILLAGE FEST BOLLARD INSTALLATION-PHASE 2 CITY PROJECT NO.05-25 • The Work Is generally described as follows: • Saw cut asphalt and form and pour P.C,C foundation for the installation of manually assisted lift security bollards, provide and install • bollards and asphalt concrete paving. • 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$576.00 for each calendar day that expires after the time specified in Article 2,herein. • • ARTICLE 3—CONTRACT PRICE • The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s)named in the Contractor's Bid and Bid Schedule(s). • • ARTICLE 4—THE CONTRACT DOCUMENTS • The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the accepted Bid and Bid Schedule(s), List of Subcontractors Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's • Compensation Certificate, Performance Bond, Payment Band, Standard Specifications, Special Provisions the Drawings, Addenda numbers to , inclusive,and all Change Orders and Work Change Directives which may be delivered or issued after • the Effective Date of the Agreement and are not attached hereto. • • • • • • • • • • AGREEMENTFORM AGREEMENT AND BONDS-PAGE 1 • • • • • ARTICLE 5—PAYMENT PROCEDURES • The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the Engineer or the City as provided in the Contract Documents. • • ARTICLE 6—NOTICES • Whenever any provision of the Contract Documents requires the giving Of a written Notice,it shall be deemed to have been validly given • if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended,or if delivered at or sent by registered or certified mail,postage prepaid,to the last business address known to the giver of the Notice • • ARTICLE 7—MISCELLANEOUS • Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. NO assignment by a party hereto of any rights under or interests in • the Contract Documents will be binding on another party hereto without the written consent of the party Sought to be bound; and specifically, but without limitation, monies that may became due and monies that are due may not be assigned without such consent . (except to the extent that the effect of this restriction may be limited by law) and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract • Documents • The City and the Contractor each binds itself, its partners,successors, assigns,and legal representatives,to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the • Contract Documents. • IN WITNESS WHEREOF,the City and the Contractor have caused this Agreement to be executed the day and year first above written • • ATTEST: CITY OF PALM SPRINGS,CALIFORNIA • APPROVED BY THE CITY COUNCIL: By • City Clerk • Minute Order No Date • APPROVED AS TO FORM: Agreement No. • By . City Attorney • Date • • CONTENTS APPROVED: • By . City Engineer • Date • • By • City Manager • Date • • • • • • AGREEMENT FORM . AGREEMENT AND BONDS-PAGE 2 • • • • • CONTRACTOR!Check one:_Individual _Partnership Corporation Corporations require two notarized signatures, One from each of the following A Chairman of Board President, or any vice President AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer, or Chief Financial Officer. • • By 2; SIGNATURE NOTARIZED SIGNATURE NOTARIZED • Name: Name: • Title. Title • . Address: Address. • State of State of • County of County of On before me On before me personally appeared personally appeared • personally known to me(or proved to me on personally known to me(or proved to me on • the basis of satisfactory evidence)to be the the basis of satisfactory evidence)to be the • person(s)whose name(s)is/are subscribed person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to the within instrument and acknowledged to me that he/shelthey executed the same in to me that helshelthey executed the same in his/her/their authorized capacity(ies), and his/her/their authorized eapaeity(les)and that by his/her/their signature(s)on the that by his/hertheir signature(s)on the instrument the person(s),or the entity upon instrument the person(s),or the entity upon • behalf of which the person(s)acted behalf of which the person(s)acted executed the instrument executed the instrument. • WITNESS my hand and official seal. WITNESS my hand and official seal • • • Notary Signature Notary Signature NotaTy Seal: Notary Seal: • • • • • • • • • • • • • • AGREEMENTFORM • AGREEMENT AND BONDS-PAGE 3 • • • • • • • • • • • • • • • • 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. i • ' Contractor • BY • Title • • • • • • • • • • • • S WORKER'S COMPENSATION CERTIFICATE + AGREEMENT AND BONDS-PAGE 4 r • • • • PERFORMANCE BOND i • KNOW ALL MEN BY THESE PRESENTS, iThat as Contractor, • And as Surety, • are held firmly bound unto the City of Paim 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: VILLAGE FEST BOLLARD INSTALLATION-PHASE 2 CITY PROJECT NO.05-25 • 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 i Contract Documents, release either said Contractor or said Surety, and notice of such alterations or exensions of the Agreement is hereby waived by said Surety. • SIGNED AND SFALEO,this day of 209_ • • CONTRACTOR: SURETY: (Check one: _individual, ,partnership, • `cOrporation) By By • Title (SEAL AND NOTARIAL ACKNOWLEDGMENT OF • :e^=h+rc SURETY) • (NOTARIZED) • Print Name and Title: • r By + eignsWre ! (NOTARIZED) r Print Name and Title: i (Corporations require two signatures one From each of the • following groups A. Chairman or Board, President, or any Vice President, AND S. Secretary Assistant Secretary . Treasurer Assistant Treasurer or Chief Financial Officer) • • i PERFORMANCE BOND - AGREEMENT AND BONDS-PACE 5 • � r • • r 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 r • 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 specked or indicated in the Contract Documents entitled: • VILLAGE FEST DOLLARD INSTALLATION-PHASE 2 • CITY PROJECT NO 05.25 • 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 Cade 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 o1 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_, r r • • • • • • • • • • VILLAGE FEST BOLLARD INSTALLATION PAYMENT BOND • CITY PROJECT NO.05.25 AGREEMENT AND BONDS-PAGE 6 • • • • • . CONTRACTOR: • • (Check one. individual, artnemhip, corporation) . By • ren2ro • (NOTARIZED) • Print Name and Title: • • By • • ignturo (NOTARIZED) • Print Name and Title, • • (Corporatons require two signatures; one from each of the following groups A Chairman of Board, Presidem or any Vice President AND B Secretary . Asistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial CfScEr). • • SURETY • • By • Title • • (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) • • • • • • • • • • • • • • VILLAGE FEST BOLLARD INSTALLATION PAYMENT BOND CITY PROJECT NO.05-25 AGREEMENT AND BONDS-PAGE 7 • 10/18/07 • • • • • CERTIFICATE OF INSURANCE THIS CERTIFICATE ISSUED TO THE OWNERIAGENTS LISTED BELOW DESIGNATED BY THE CONTRACT WITH THE INSURED • NAME AND ADDRESS OF INSURED INSURANCE COMPANIES AFFORDING COVERAGE . COMPANY A C . TYPE OF WORK PERFORMED AND LOCATION • TYPE OF INSURANCE POLICY NUMBER LIMITS OF LIABILITY IN THOUSANDS(x1000) • -^� • EACH OCCURRENCE AGGRECA1E • COMPREHENSIVE GENERAL . LIABILITY Including ❑ EXPLOSION AND COLLAPSE BOI INJURY S S ❑ UNDERGROUND DAMAGE PROPERTY DAMAGE a • ❑ PRODUCTarcoMPLETED OPERATIONS or . ❑ CONTRACTUAL INDURANGE ❑ BROAD FORM PROPERTY DAMAGE © INDEPENDENT CONTRnCTONS BODILY INJURY AND 1� PROPERTY LJ PERSONAL INJURY DAMAGE COMBINED S S • PERSONAL INJURY S ' COMPREHENSIVE AUTOMOBILE BODILY INJURY LIABILITY M.1PERSON S • Including. EACH ACCIDENT IJ OWNED PROPERTY DAMAGE S • 0I�t HIRED IJ NON OWNCC yr . BODILY INJURY MOTOR CARRIER ACT AND PROPERTY DAMAGE COMBINED $ • EXCESS LIABILITY BODILY INJURY IncludlnB AND PROPERTY DAMAGE COMBINED S ElEMRLOYERS LIABILITY • WORKER'S COMPENSATION STATUTORY . and EMPLOYER'S LIABILITY Including EL S PEACH LONGSHOREM• ACCIDEN) ❑ HARBOR WORKERS AND HARBOR WORKERS OTHER ADDITIONAL INSURED ENDORSEMENT—CITY OF PALM SPRINGS • The underdlsned certifies that he or she Is the represcntahvo of the above-named insurance companies that he or she had the authority to execute and Issue this Certificate to Certificate Helder,and accordingly does hereby GI on behalf of said Insuranca companies that policies of Insurance listed above hove been issued to the Insured named above and are..force at this time Notwithstanding any regmremern,term,or condnion of any contract or other document with respect to which this certificate maybe . issued or may pertain,the insurance afforded by the policies described herein n sublCC to aI the tnnn: exclusions and Conditions of such policies Copies of the policies shown will be furnished to the Cen fic to Holder upon request • This Certificate does not amend,oxtcnd or alter the Coverage afforded by thepolic.colisted . Cancellation Should any of the above doserlbed policies be vencelled before the expiration date thereof the Issuln❑company will mall 30 days written notice to the bolew- named certificate holder • NAME AND ADDRESS OF ADDITIONAL I NSURED DATE • ISSUED BY numorucounui.r.x.�o ..� ,Ruecwronoixecorcrvne • nGUAiu. • • CERTIFICATE OF INSURANCE • AGREEMENT AND BONDS-PAGER • • • • • • • • • • • CITY OF PALM SPRINGS • • • PUBLIC WORKS AND ENGINEERING DEPARTMENT • • • • PART II -- SPECIAL PROVISIONS • • VILLAGE FEST. BOLLARD INSTALLATION • CITY PROJECT NO. 05-25 • • 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 • • • • • • • • • VILLAGE FEST BOLLARD INSTALLATION PART II-SPECIAL PROVISIONS . CITY PROJECT N0,05-26 GENERAL CONTENTS-PAGE 1 10/18/07 • • • • CITY OF PALM SPRINGS • • • PUBLIC WORKS AND ENGINEERING DEPARTMENT • • • • • SPECIAL. PROVISIONS • VILLAGE FEST. BOLLARD INSTALLATION CITY PROJECT NO, 05-25 • • • SECTION 1 --TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS • i 1-1 GENERAL i • 1-1.1 standard Specifications . - The Work hereunder shall be done in accordance with the Standard Specifications for Public • Works Construction ("Greenbook" ) , 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. • 1-2 LEGAL ADDRESS a 1-2.1 Legal Address of the City. - The official address of the City shall be City of Palm Springs, 3200 E. Tahqui.tz 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 officia.l 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. • VILLAGE FEST BOLLARD INSTALLATION TERMS, DEFINITIONS,ABBREVIATIONS,AND SYMBOLS CITY PROJECT NO 05-25 SPECIAL PROVISIONS-SECTION 1 -PAGE 1 • 10/18/07 • • • • 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 Michael Lytar, Senior Public Works Inspector, City of Palm Springs, Public Works and Engineering Department, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, or such • other address as the Project Representative may subsequently • designate in writing to the Contractor. • 1--3 DEFINITIONS AND TERMS • 1-3.1 Definitions and 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/CiLy Engineer of the City of Palm . Springs, California- Liquidated Damages - The amount prescribed in the Special Provisions, • pursuant to the authority of Government- Code Section 53069.85, to be paid to the City or to be deducted from any payments due, or to become due, the Contractor for each 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 D.rawi,ngs 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 Year' 3 Day (January 1) • Martin Luther King Jr. Day (Third Monday in January) • Lincoln' s Birthday (February 12) President' s Day (Third Monday in February) • Memorial Day (Last Monday in May) • Sndependence Day (July 4) Labor Day (First Monday in SepLembei) • Veteran's Day (November 11) Thanksgiving Dray (Last Thursday in November) • Day after Thanksgiving Day Christmas Eve Day (December 24) • Christmas Day (December 25) • When a designated holiday falls on a Satucday, the Friday before the holiday shall be a designated legal holiday. When a designated ho3.7-day falls on a Sunday, the Monday after the holiday- shall be a designated • legal holiday. • (b) Days on which the COntraCLCL 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 . VILLAGE FEST BOLLARD INSTALLATION TERMS, DEFINITIONS,ABBREVIATIONS,AND SYMBOLS • CITY PROJECT NO 05-25 SPECIAL PROVISIONS-SECTION 1 -PAGE 2 10/18/07 • a • • • • • force engaged on such operation or operations for at least 60 percent of the total daily time }Icing currently spent on the controlling operation • or operations. • - END OF SECTION - • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • VILLAGE FEST BOLLARD INSTALLATION TERMS DEFINITIONS,ABBREVIATIONS AND SYMBOLS CITY PROJECT NO.05-25 SPECIAL PROVISIONS-SECTION 1 -PAGE 3 10/18/07 • • • • 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 Scct-ion 6--9, "Liquidated Damages" . of the Standard Specifications. After the Contract has been approved by the City, and a written • Notice to Proceed has been issued to the Contractor, the Contractor shall start the 'Work within 10 working days after the date specified in said Notice to Proceed. • Said Work shall be diligently prosecuted to completion before the expiration of: • 15 WORKING DAYS from the day specified in the Notice to Proceed issued by the City. Said Lime of completion does not include time associated • with ordering long lead-time items . Contractor shall refer to Section 4-2 . 2 of these Special Provisions for requirements • associated with ordering long lead-time items. . As set forth- in the Agreement, the Contractor shall pay to the City as liquidated damages the sum Set forth in the Agreement per day for each and every calendar day' s delay in finishing the . Work in excess of the number of working days prescribed above. • 2-2 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 spec.La.l notification of • any changes or modifications of the Contract, cc of extensions of time, or of decreased or increased Work, or of cancellation of the . Contract, or of any other act or acts by Lhe 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 • VILLAGE FEST BOLLARD INSTALLATION SCOPE AND CONTROL OF WORK CITY PROJECT NO.05.25 SPECIAL PROVISIONS-SECTION 2-PAGE 1 • 10/18/07 • • • • 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 • 1. Instructions to Bidders 8- Plans (Contract Drawing3) / 9- Standard Plans 10. Standard Specifications / 11. Reference Documents With reference to the Drawings, the order of precedence shall be • as follows: / 1. Figures govern over scaled dimensions . 2. Detail drawings govern over general drawings 3- Addenda or Change Order drawings govern over • Contract Drawings 4. Contract Drawings govern over Standard Drawings • 5- Contract Drawings govern over Shop Drawings . 2-4 SUBSURFACE DATA / Section 2-7 of the Standard Specifications shall be revised to read as follows: 112-7.1 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 date" are specifically identified in the Special Provisions. LxCep L- 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. '& ConsultanLs with respect to any of the following: • • VILLAGE FEST BOLLARD INSTALLATION SCOPE AND CONTROL OF WORK / CITY PROJECT NO.05-25 SPECIAL PROVISIONS-SECTION 2-PAGE 2 10/18/07 • • • • • . 2-7.1.1. Completeness. - The completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any . aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions • and programs incident thereto, or • 2-7.1.2. Other Information. - Any other data, interpretations, • opinions, and information contained in such reports or shown or indicated in such drawings, or • • 2-7.1.3_ Interpretation_ - Any interpretation by the Contractor of such "technical data, " or any conclusion drawn from any "technical • data" or any such data, interpretations, opinions or information." • 2-5 TEMPORARY ACCESS OR CONSTRUCTION RIGHTS-OF-WAY • • Unless indicated otherwise, all temporary access or construction rights-of-way, other than those shown on the Plans, which the • Contractor may find it requires during progress of the Work, • shall be arranged by and paid for entirely by the Contractor, at its own expense. 2-6 PROTECTION OF SURVEY MONUMENTS Any existing monument shall not be disturbed. The Engineer will maintain a survey location check on the monument without cost to the Contractor. The Contractor is advised that any resetting of monuments will be performed by the City' s survey crew. Should the Contractor anticipate the removal of any survey monuments, it shall notify • the Engineer prior to removal. The Contractor shall be financially responsible for reinstalling the existing monument • well, and the City' s survey crew will reset the monument . • . 2-7 SURVEY • The Engineer shall mark the location of bollards in the field • upon .request of the Contractor. • 2-8 AUTHORITY OF THE ENGINEER • The Engineer will decide all confllcL-s 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) Lhe acceptable fulfillment of the Contract on • the part of the Contractor, and (6) compensation of the Contractor. The Engineer ' s decision shall be final., and he shall, • have the authority to enforce and make effective such decisions and orders which the Contractor may fail to carry out promptly. • • 2-9 INSPECTION • VILLAGE FEST BOLLARD INSTALLATION SCOPE AND CONTROL OF WORK . CITY PROJECT NO. 05.25 SPECIAL PROVISIONS-SECTION 2-PAGE 3 10/18/07 • • • • The Engineer shall have complete and safe access to the Work at . all times during construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the • workmanship are in accordance with the Specifications, the • Special Provisions, and the Plans. All labor, materials, and . equipment furnished shall be subject 'to the Engineer' s inspection. • When the Work is substantially completed, a representative of the Engineer will make the final inspection. 2-10 SITE EXAMINATION i The Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work, and the general and local conditions, such as, but not limited to, all • other matters which could in any way affect the Work or the costs thereof. The failure of the Contractor to acquaint itself • with all available information regarding any applicable existing . or future conditions Shall not relieve it from the • responsibility for properly estimating either the difficulties, responsibilities, or costs of successfully performing the Work according to the Contract Documents . . • • 2-11 FLOW AND ACCEPTANCE OF WATER • • Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the • Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, and has prepared • it-s Bid accordingly; and the Contractor, by submitting such a . Bid, assumes all said risk. • 2 .12 SUBMITTALS • The following provisions shall replace Section 9-2 "Lump Sum Work" of the Standard Specifications : On lump sum items, the Contractor shall submit, for approval by the Engineer, a Schedule of values, or lump sum price breakdown, which will serve as the • basis for progress payments and shall be incorporated • into a form of Application for Payment acceptable to • the Engineer- Such Schedule of Values shall be submitted for approval at the Pre-construction Conference and must VILLAGE FEST BOLLARD INSTALLATION SCOPE AND CONTROL OF WORK • CITY PROJECT NO.05.25 SPECIAL PROVISIONS-SECTION 2-PAGE A • 10/18/07 • • • • • meet the approval of the Engineer before any payments • can be made to the Contractor. • • - END OF SECTION - • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • VILLAGE FEST BOLLARD INSTALLATION SCOPE AND CONTROL OF WORK CITY PROJECT NO. 05-25 SPECIAL PROVISIONS-SECTION 2-PAGE 5 • 10/18/07 • • • • • 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 2003 edition shall be deleted in its • entirety and the following substituted therefor: • 3-2 PAYMENT • • 3-2 .1 Markup: The provisions of Subsection 3-3 . 2 . 3 Markup, . shall be amended Lc 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 (1st ti.e.r only) 5 percent 6) Lower tier subcontractors none • • To the sum Of the costs and markups provided for in this . subsection, except for labor, one percent shall be added as compensation for bonding- • • 3--2 .2 Contract Unit Prices : The provisions of Subsection 3- 2 .2 . 1 of the Standard Specifications shall be revised to read as • follows : • • 3--2 .2 .1 (a) Allowable Quantity Variations on Unit Price . Contracts : In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount of • work actually done or materials or equipment- furnished • shall be paid for according to the unit price established for such work under the Contract Documents, wherever such • unit price has been established; provided, that an • adjustment in 'the Contract Unit Price may be made for • changes which result in an increase or decrease in the quantity of any unit price bid item of the Work in excess • of 25 percent- , or for eliminaL•cd items of work. 3-2 .2 . 1 (b) Increases of More Than 25 Percent on Unit Price • Contracts: On a unit• price contract, should the total • quantity of any item of work required under the Contract . exceed the Engineer' s Estimate L-herefor by more than 25 • VILLAGE FEST BOLLARD INSTALLATION CHANGES IN WORK • CITY PROJECT NO. 05.25 SPECIAL PROVISIONS-SECTION 3-PAGE 1 10/18/07 • • • percent, the work in excess of 125 percent of such estimate • and not covered by an executed contract Change Order • specifying the compensation to be paid therefor will be • paid for by adjusting the Contract Unit Price, as hereinafter provided, or at the option of the City, payment for the work involved in such excess will be made as . provided in Section 3-3 . 2 of the Standard Specifications, as amended in these Special Provisions_ • Such adjustment of the Contract- Unit Price will be the difference between the Contract- Unit- Price and the actual unit cost, which will be determined as hereinafter provided, of the total pay quantity of the item. If the • costs applicable to such item of work include fixed costs, such fixed costs shall be deemed to have been recovered by • the Contractor by the payments made for 125 percent of the • Engineer' s Estimate of the quantity for such item, and in ' computing the actual unit- cost, such fixed costs will be excluded. Subject to the above provisions, such actual unit cost will be determined by the Engineer in the same manner . as if the work were to be paid for as extra work as , provided in Section 3-3 . 2 of the Standard Specifications, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the City. . When the compensation payable for the number of units of an • item of work performed in excess of 125 percent of the • Engineer' s Estimate is less than $5, 000 at the applicable • Contract- Unit Price, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by . the Contractor. • 3-2 .2 . 1 (c) Decreases of More Than 25 Percent on Unit Price • Contracts: On unit price contracts, should the total pay • quantity of any item of work required under the contract be less than 75 percent of the Engineer' s Estimate therefor, • an adjustment in compensation pursuant to this Section will • not be made unless the Contractor so requests in writing. • If the Contractor so requests, the quantity of said item performed, unless covered by an executed contract change order specifying the compensation payable therefor, will be paid for by adjusting the Contract Unit Price as hereinafter provided, or at the option of the Engineer, • payment for the quantity of the work of such item performed • will be made as if Lhe work were to paid for as extra work • as provided in Section 3-3 . 2 of the Standard Specifications, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the City; provided however, that in no case shall the • VILLAGE FEST BOLLARD INSTALLATION CHANGES IN WORK • CITY PROJECT NO.05-25 SPECIAL PROVISIONS-SECTION 3-PAGE 2 10/18/07 i i • • • payment for such work be less than that which would be made . at the Contract Unit Price. Such adjustment of the contract unit price will be the . difference between the contract unit price and the actual • unit cost-, which will be determined as hereinafter provided, of the total pay quantity of the item, including i fixed costs . Such actual unit cost will be determined by i the Engineer in the same manner as if the work were to be paid for as extra work as provided in Section 3-3.2 of the Standard Specifications, as amended in these Special • Provisions, or such adjustment as will be as agreed to by • the Contractor and the City. • The payment for the total pay quantity of such item of work • will in no case exceed the payment which would be made for the performance of 75 percent of the Engineer' s Estimate of the quantity for such item at the original Contract Unit Price. 3-2 .2.1 (d) Eliminated Items on Unit Price Contracts: On i unit price contracts, should any contract item of the Work • be eliminated in its entirety, in the absence of an • executed contract Change Order covering such elimination, payment will be made to the Contractor for actual costs + incurred in connection with such eliminated contract item • if incurred prior to the date of notification in writing by the Engineer of such elimination. • • If acceptable material is ordered by the Contractor for the eliminated item prior to the dat-c of notification of such elimination by the Engineer, and if orders for such • material cannot be canceled, it will be paid for at the actual cost to the Contractor. In such case, the material paid for shall become the property of the City and the • actual cost of any further handling will be paid for by the • City. If the material is returnable to the vendor and if • the Engineer so directs the Contractor, the material shall be returned and the Contractor will be paid for the actual cost of charges made by the vendor for returning the • material. The actual cost- of handling returned material ! will be paid for. • The actual costs or charges to be paid by the City to the . Contractor as provided in this Section 3-2 will be computed in the same manner as if the work were to be paid as extra work as provided in Section 3-3 . 2 of the Standard • Specifications, as amended in these Special Provisions, or • such adjustment as will be as agreed to by the Contractor and the City. • - END OF SECTION - • VILLAGE FEST BOLLARD INSTALLATION CHANGES IN WORK CITY PROJECT NO.05.25 SPECIAL PROVISIONS-SECTION 3-PAGE 3 • 10/18/07 • • • • SECTION 4 -- CONTROL OF MATERIALS • 4-1 TRADE NAMES OR EQUALS • • 4--1 .1 Substitutions. Subparagraph 2 of Section 4-1 . 6 of the • Standard Specifications shall be amended to read as follows: • Whenever any particular material, process, or • equipment is indicated by a patent, proprietary, or brand name, or by the name of the manufacturer, such • product- shall be followed by the words "or equal . " A • Contractor may offer any material, process, or • equipment considered as equivalent to that indicated, unless a sole source is specified. Failure of the • Contractor to submit requests for substitution • promptly after bid opening shall be deemed to signify that the Contractor intends to furnish one of the • brands named in the Special Provisions, and the • Contractor does hereby waive all rights 'to offer or . use substitute materials, products, or equipment for that which was originally specified. Unless otherwise • authorized by the Engineer, the time for submission of • data substantiating a request for substitution of an "or equal" item shall be not Tore 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 • • VILLAGE FEST BOLLARD INSTALLATION CITY PROJECT NO.05-25 CONTROL OF MATERIALS 10/18/07 SPECIAL PROVISIONS-SECTION 4-PAGE 1 i • • • the City. The Contractcr shall furnish the Engineer with a • statement from the vendor (s) that Lhc 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 - • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • VILLAGE FEST BOLLARD INSTALLATION CONTROL OF MATERIALS • CITY PROJECT NO.05-25 SPECIAL PROVISIONS-SECTION 4-PAGE 2 • 10118/07 • • • • • 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 t0 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 t0 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 ]unction 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. • • VILLAGE FEST BOLLARD INSTALLATION UTILITIES • CITY PROJECT NO.05-25 SPECIAL PROVISIONS-,SECTION 5-PAGE 1 10/18/07 • • • • 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. " (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 reasonable price. " • 5-2 TEMPORARY SUPPORT OF UTILITIES The Plans identify the approximate locations of existing • utilities that parallel or cross the Work. These locations are based on the best information available to the City. The Contractor shall verify these locations . • • During construction of the Work, some of the existing • utilities may fall within the prism of trenches . If the existing utility does fall within the Contractor' s trenches, the • utility involved shall be supported properly by the Contractor to the satisfaction of the utility owner. • The method of support of the utility, precautions to be • taken during trench backfill and compaction, etc. , shall be per the utility owner' s requirements . The Contractor shall contact the utility owner should it anticipate such exposure of any of • the existing utilities . • 5-3 UTILITY LOCATION AND PROTECTION • • Locations of existing utilities shown on the Plans are • approximate and may not be complete. Therefore, the Contractor • shall notify Underground Service Alert at 1-800-227-2600 a minimum of 2 working days prior to any excavation in the • vicinity of any potentially existing underground facilities in • order to verify the location of all utilities prior to the commencement- of the Work. • • • VILLAGE PEST BOLLARD INSTALLATION UTILITIES • CITY PROJECT NO.05.25 SPECIAL PROVISIONS-SECTION 5-PAGE 2 . 10/18107 • • • • • The Contractor shall be responsible for coordinating its • work with all utility companies during the construction of the Work. • • All watez 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 - • • • • • • • • • • • • • • • • • • • • • • • • • • • • • VILLAGE FEST BOLLARD INSTALLATION UTILITIES • CITY PROJECT NO 05-25 SPECIAL PROVISIONS-SECTION 5-PAGE 3 10/18/07 • • • • SECTION 6 — PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK • • 6-1 LIQUIDATED DAMAGES • • 6-1 .1 Amount. - The amount of I.J.quidated 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 • 6-2 .2 Limitations. - No trench or foundation excavation shall he • performed on Fridays, weekends, holidays, or the day preceding a • holiday without prior approval of the Engineer. Fridays shall be used for cleanup and paving where possible. No street opening • shall be permitted to remain over a weekend of holiday. • 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 last 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 Earakian, City Engineer (760) 323-8253 • VERIZON • Attention: Mr. Larry Mocre (760) 778-3603 DESERT WATER AGENCY Attention: Mr. Woody Adams (760) 323-4971 • SOUTHERN CALIFORNTA EDISON COMPANY Attention: Mr_ Frank Sasso (760) 202-4278 SOUTHERN CALiEORNIA GAS COMPANY . Attent.on: Ken Kennedy (909) 335-7716 • TIME-WARNER CABLE • VILLAGE PEST BOLLARD INSTALLATION PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK CITY PROJECT N0.05.25 10l18I07 SPECIAL PROVISIONS-SECTION 6-PAGE 1 • • • • Attention: Mr. Dale Scrivner (760) 340-1312 i WEITEWATER MUTUAL • Attention: Mr. Stan Clark (760) 325-5880 + SPRINT • Attention: Mr- Lynn DurcetL. (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 - • • • • • • • • • • • • • • • • i • • • • • • • VILLAGE FEST BOLLARD INSTALLATION PROSECUTION, PROGRESS, • ITY PROJECT NO.05-25 AND ACCEPTANCE OF THE WORK CIT P 5 SPECIAL PROVISIONS-SECTION 6-PAGE 2 • • • • • * SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR • • 7-1 General. - The provisions of Section 7-13 of the Standard • Specifications shall be revised to read as follows: • "The Contractor shall keep itself fully informed of • all existing and future State and Federal laws, and • county and municipal ordinances and regulations, which in any manner affect those engaged or employed in the • Work, or the materials used in the Work, or which in • any way affect the conduct of the Work, and of all • such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. He or she shall at all times observe and comply with all • such existing and future laws, ordinances, regulations, orders, and decrees of bodies or • tribunals having any or all authority over the Work, • and shall indemnify the City and all officers and • employees thereof connected with the Work, including, but not limited to, the City 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, cr Contract . for the Work in relation to any such law, ordinance, regulation, order, or decree, the Contractor shall • forthwith report the same to the Engineer in writing. " 7-2 Hours of Labor. -- Eight- hours labor constitutes a legal day' s work. The Contractor shall comply with all applicable • provisions of Section 1810 to 1815, inciusive, 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 �.n 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. • • VILLAGE FEST BOLLARD INSTALLATION RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO.05-25 SPECIAL PROVISIONS-SECTION 7-PAGE 1 • 10/78/07 • i • • 7-4 Travel and Subsistence Payments. - As required by Section • 1773. 8 of the California Labor Code, the Contractor shall pay • travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in • accordance with this Article. • To establish such travel and subsistence payments, the representative of any craft, classification, or type of worker • needed to execute the Contract shall file with the Department of Industrial Relations fully execuL-ed copies of collective • bargaining agreements for the particular craft, classification • or type of work involved. Such agreements shall be filed within • 10 days after their execution and thereafter shall establish such travel and subsistence payments whenever filed 30 days • prior to the call for Bids . • 7-5 Apprentices on Public Works . - The Contractor shall comply • with all applicable provisions of Sections 1777 . 5 and 1777 . 6 of i the California Labor Code relating to employment of apprentices on public works. i 7-6 Unpaid Claims . - If, at any time prior to the expiration of L-hs period for service of a Stop Notice, there is served upon the City a Stop Notice, as provided in Sections 3179 through • 3210 of the Civil Code of the State of California, the City • shall, until the discharge thereof, withhold from the moneys • under its control so much of said moneys due or to become due the Contractor under this Contract, as shall be sufficient to • answer the claim stated in such Stop Notice, and to provide for • the reasonable cost of any litigation thereunder, provided, that if the Engineer shall, a_n its discretion, permit the Contractor i to file with the City the bond referred to in Section 3196 of i the Civil Code of the State of California, said moneys shall not i thereafter be withheld on account of such Stop Notice. • 7-7 Retaiaage From Monthly Payments . - Pursuant to Section • 22300 of the California Public Contract Code, the Contractor may i substitute securities for any money withheld by the City to ensure performance under the Contract. At the request- and i expense of the Contractor, securities equivalent to the amount • withheld shall be depcszted 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 L-he City between the escrow agent , • VILLAGE FEST BOLLARD INSTALLATION RESPONSIBILITIES OF THE CONTRACTOR i CITY PROJECT NO.05-25 SPECIAL PROVISIONS-SECTION 7-PAGE 2 • 101181C7 • • • • • 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. i Securities eligible for investment under Public Contract Code • Section 22300 shall he limited to those listed in Section 16430 . of the Government Code, and to bank or savings and loan certificates of deposit- . • 7-8 Contracts for Trenches or Excavations; Notice on Discovery • of Hazardous Waste or Other Unusual Conditions; . investigations; Change Orders; Effect on Contract. (a) As required under • Section 7104 of the Public Contract Code, in any public works contract of a local public entity, which involves the digging of • trenches or other excavations that extend deeper than 1.2 meters (4 feet) below the surface, shall be subject to the following • conditions : the Contractor shall promptly, before the conditions • are disturbed, notify the public entity in writing of such conditions . i (b) It has been determined that the OSHA soil classification in i Palm Springs has designated to be Type C soil throughout the City. All protective measures shall be based upon that • determination. 7-9 Resolution of Construction Claims. As required under Section 20104, eL 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 i Contract, or payment of an amount which is disputed by the City, . shall be processed in accordance with the provisions of said i Section 20104, et seq. , relating to informal conferences, non- binding Dudzci.ally--supervised mediation, and judicial arbitration. • A single written claim shall be filed under this Article prior i to the date of final payment for al..l, demands resulting out of • the Contract . • Within 30 days of the receipt of the claim, the City may request i additional documcnL-ation 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 i i i VILLAGE FEST BOLLARD INSTALLATION RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO.05.25 SPECIAL PROVISIONS-SECTION 7-PAGE 3 • 10/18/07 • • • • respond to the request within 30 days of receipt, if the amount- • of the claim exceeds $50, 000, but is 'less than $375, 000 . Unless further documentation is requested, the City shall • respond to the claim within 45 days, if the amount of the claim is less than $50, 000, or within 60 days, if the amount of the • claim is more than $50, 000, but less than $375, 000 . If further documentation is requested, the City shall respond within the same amount of time Laken by the Contractor to zespond, or 15 days, whichever is greater, after receipt of the infofmaticn, 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, whichevez 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. • 7-10 Concrete Forms, Falsework, and Shoring. - The Contractor shall comply fully with the requirements of Section 1717 of the • Construction Safety Orders, State of California, Department of Industrial Relations, regarding the design of concrete forms, falsework, and shoring, and the inspection of same prior to the placement- of concrete. Where the said Section 1717 requires the • services of a civil engineer registered in the State of California to approve design calculations and working drawings of the falsework or shoring system, or to inspect such system • prior to the placement of concrete, the Contractor shall employ • a registered civil engineer for these purposes, and all costs therefor shall be included in the Bid item price named in the Contract for completion of the work as set forth in the Contract Documents . 7--11 INSURANCE AMOUNTS • The insurance provided by the CONTRACTOR hereunder shall be (1) with companies licensed to do business in the state of California, (2) with companies with a Best ' s Financial RaL-ing of • • VILLAGE FEST BOLLARD INSTALLATION RESPONSIBILITIES OF THE CONTRACTOR • CITY PROJECT NO,05-25 SPECIAL PROVISIONS-SECTION 7-PAGE 4 • 10/18/07 • • • • . VII or better, and (3) with companies with a Best- ' s General . Policy Policyholders Rating of not less than B+, except that in case of Worker' s Compensation Insurance, participation in the • State Fund, where applicable, is acceptable. • The limits of liability for insurance, as required by Section 7- • 3 and 7-4 of the Standard Specifications, shall provide coverage for not less that the following amounts, or greater where . required by laws and regulations : 1. Workers ' Compensation: a) State: Statutory Amount Or minimum $1, 000, 000 • • b) Employer ' s Liability: $1, 000, 000 • 2 . Comprehensive General Liability: i a) Bodily Injury (Including completed operations and products liability and wrongful death) : r . $ 1, 000, 000 Each Occurrence • $ 1, 000, 000 Annual Aggregate Property Damage: • $ 1, 000, 000 Each Occurrence • $ 1, 000, 000 Annual. Aggregate b) Property damage liability insurance will provide explosion, collapse, and underground coverages • where applicable. c) Personal injury, with employment exclusion • deleted: $ 1, 000, 000 Annual Aggregate 3 . Comprehensive Automobile Liability: a) Bodily Injury (Including wrongful death) .- $1, 000, 000 Each Person . $1., 000, 000 Each Occurrence b) Property Damage • $1, 000, 000 Each Occurrence • Or a combined single limit of $1, 000, 000 • • VILLAGE FEST BOLLARD INSTALLATION RESPONSIBILITIES OF THE CONTRACTOR • CITY PROJECT NO 05-25 SPECIAL PROVISIONS-SECTION 7-PAGE 5 10/18l07 • • • • • 7-13 PERMITS 7--13.1 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 Cade . 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--13.2 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. • 7-14 SITE CLEANUP • Throughout all phases Of construction, including suspension of • work, and until final acceptance of the project, the Contractor • shall keep the work site clean and free from rubbish and debris . • The Contractor shall also abate dust nuisance, as required in . Section 7-16 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 complstien 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. • 7-15 DUST CONTROL 7-15 .1 General • A. The Contractor shall be responsible .for stabilizing the disturbed soil during construction_ The method which it will use must be approved by the Engineer. of a water meter is • VILLAGE FEST BOLLARD INSTALLATION RESPONSIBILITIES OF THE CONTRACTOR • CITY PROJECT NO.05.25 SPECIAL PROVISIONS-SECTION 7-PAGE 6 • 10/18107 • • • • • 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 therefor. • S. The Contractor shall be responsible for maintaining the project site and providing adequate dust control 24 hours a • day, everyday, through the duration of the project, in conformance with City requirements, Section 10 of the Standard • specifications, and to the satisfaction of the City Engineer. - • 7-15 .2 .5 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 therefor. - END OF SECTION - • • • • • • • • • • • • • • • • • • • • • • • • VILLAGE FEST BOLLARD INSTALLATION RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO,05-25 SPECIAL PROVISIONS-SECTION 7-PAGE 7 • 10/18/07 • • • • • SECTION 8 - FACILITIES FOR AGENCY PERSONNEL • (BLANK) • • - END OF SECTION - • • • • • • • • • • • • • i • • • • • • • i • • • VILLAGE FEST BOLLARD INSTALLATION FACILITIES FOR AGENCY PERSONNEL • CITY PROJECT NO.05.25 SPECIAL PROVISIONS-SECTION 8-PAGE 1 10/18/07 • • • • • SECTION 9 - MEASUREMENT AND PAYMENT • 9-1 GENERAL • • 9-1 .1 Payment. - Payment- for the various items of the Bid • Sheet (s) , as further specified herein, shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for . all labor, operations, and incidentals appurtenant to the items • of work being described, as necessary to complete the various items of work, all in accordance with the provisions for • Measurement and Payment in the Standard Specifications and these • Special Provisions, and as shown on the Drawings, including all appurtenances thereto, and including all costs of compliance • with the regulations of public agencies having jurisdiction, • including the Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and • Health Administration of the U. S. Department of Labor (OSHA) . • . No separate payment will be made for any item that is not specifically set forth in the Bid Sheet (s) , and all costs • therefore shall be included in the prices named in the Bid . Sheet (s) for the various appurtenant items of work. 9-1 .2 Partial and Final Payments. - Acceptance of any progress • payment accompanying any estimate without written protest shall • be an acknowledgement by the Contractor that the number of • accumulated contract days shown on the associated statement of working days is correct. Progress payments made by the City to • the Contractor after the compleClon date of the Contract shall • not constitute a waiver of liquidated damages . Subject to the provisions of Section 22300 of the Public • Contract Code, a 10 percent retention will be withheld from each • payment. All invoices and detailed pay requests shall be approved by the Engineer before Submittal to the City for • payment. All billings shall be directed to the Engineer. The Contractor shall submit with its invoice the Contractor' s • conditional waiver of lien for the entire amount covered by such • invoice; valid unconditional waivers of 'lien from the Contractor • and all subcontractors and material-men for all work and materials included in any prior invoices; • • 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. . VILLAGE FEST BOLLARD INSTALLATION MEASUREMENT AND PAYMENT . CITY PROJECT NO.05-25 SPECIAL PROVISIONS-SECTION 9-PAGE 1 10/18/07 • • • • • 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, • or as prescribed by law, the amount deducted from the final estimate and retained by the City will be processed for payment to Lhe • Contractor, except- for such amounts as are required by law to be • withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further. retained. 9-2 PAYMENT SCHEDULE • • 9-2 .1 Bid Schedule. - All pay line items will be paid for at the • unit prices named in the Bid Sheet (s) for the respective items of work. The quantities of work or material stated as unit • price items on the Bid Sheet (s) are supplied only to give an • indication of the general scope of the Work. The City does not • expressly, nor by implication, agree that the actual amount of work or material will correspond therewith, and reserves the • right after the award of Contract to increase or decrease the quantity of any unit price item of work, and shall have the right to delete any Bid item in its entirety, or to add • additional Bid items . 9-2.2 Initial Mobilization. - Measurement for payment for initial mobilization will be based upon completion of such work • as a lump sum, non-proratable pay item, and shall require • completion of all of the listed items during the first 10 days following the Notice to Proceed. • • Payment for Initial Mobilization will. be made at the lump sum allowance named in the Bid Sheet (s) under Item No. 1, which price shall constitute full compensation for all such work. Payment for Initial Mobilization will be made in the form of a single, lump-sum, non-proratable payment, no part of which will • be approved for payment under the Contract until all Initial Mobilization items listed herein have been completed as • specified. The scope of the work included under Pay Item No_ 1 . shall include the obtaining of all bonds, insurance, and permits, moving onto the site of all plant and equipment-, and • the furnishing and erecting of plants, temporary buildings, and • other construction facilities, all as required .for the proper performance and completion of the Work. Mobilization shall include, but not be limited to, the following principal items: • 1 . Moving onto the site of all Contractor' s plant and equipment required for the first monL-h' s operations . • 2 . Obtaining and paying for all required bonds, • insurance, and permits. • VILLAGE FEST QOLIARD INSTALLATION MEASUREMENT AND PAYMENT • CITY PROJECT N0,05-25 SPECIAL PROVISIONS-SECTION 9-PAGE 2 . 10/18/07 • • • • 3. Posting all OSHA-required notices, and establishment Of OSHA-approved safety programs . • . 4 . Having the Contractor' s superintendent at the job site full-time. • • 5 . Submitting of the required Construction Schedule, • as specified in the Section 6-1, "Construction Schedule and Commencement- of Work" of the r 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 ail 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 - • r • • • • • • • • r • • • • ' VILLAGE FEST BOLLARD INSTALLATION MEASUREMENT AND PAYMENT CITY PROJECT NO 05-25 • 10/18/07 SPECIAL PROVISIONS-SECTION 9-PAGE 3 • • I • • • • SECTION 10 -- CONSTRUCTION DETAILS 10-1 GENERAL • 10--1.m RECORD DRAWINGS • • The Contractor shall keep a complete set- of record drawings at the job site. The Construction Plans shall be legibly marked showing each actual item of record construction including: • 1. Measured depths of elements in relation to fixed datum points. • 2. Measured horizontal and vertical locations of underground • utilities and appurtenances with reference to permanent surface • improvements . • 3. Measured locations of internal utilities and appurtenances concealed in construction with reference to visible and accessible features of construction. 4 . Field changes of dimensions, locations and/or materials with . details as required to clearly delineate the modifications . • 5. Any details not in the original Construction Plans developed by the City throughout- construction necessary to clarify or modify . the Construction Plans. The Contractor shall maintain all record information daily and . make this information available to the Project Inspector upon • request. The Contractor' s progress payment will not be approved unless project record drawings are current . • • 10-1 .3 LOCATION AND PROGRESSION OF THE WORK 10-1 .3.1 General Location. - • The work site is Confined to the south side of the intersection of • North Palm Canyon Drive and Amado Road. • • 10-1 .3.3 Order of Work. - order of work shall conform to the • Standard Specifications and these Special Provisions. The first order of work shall be to. 1 . Secure the work site to ensure pedestrian and vehicular • traffic can maneuver safely around the work locations . • 2 . Utilities shall be located by hand prior to any excavation • with power equipment. • VILLAGE PEST BOLLARD INSTALLATION CITY PROJECT NO 05-25 CONSTRUCTION DETAILS . 10/18107 SPECIAL PROVISIONS-SECTION 10-PAGE 1 • • • • 10-1.3.4 Restrictions . - There shall be no work permitted on Thursdays due to the adjacent- street- fair. • 10-2 TRAFFIC CONTROL • 10-2 .1 Maintaining Traffic. - Attention is directed to • Sections 7-10, "Public Convenience and Safety, " of -the Standard • Specifications. • 10-2 .2 Traffic Control Plan Preparation. Traffic Control • Plans shall be prepared in a professional manner to scale and • shall be submitted and approved one week prior to the beginning of work to ensure the proper notification to the public of the pending work. 10-2 .3 Field Operations. -- The Engineer retains -the authority to initiate field changes in traffic control to ensure public safety and minimize traffic disruptions . The Contractor shall • maintain all traffic control devices in proper working condition 24 hours a day, 7 days a week for the duration of the Work, . regardless of whether the subject traffic control devices were originally included in the Contract or were added at the discretion of the Engineer. All traffic Control devices shall be • removed from view and non-operational when not in use. • 10-2 .4 construction Signing, - Fighting and Barricading -- Construction signing, lighting and barricading shall be provided . on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, • lighting and barricading shall be in accordance with State of • California, Department of Transportation, "MANUAL ON UNIFORM • TRAFFIC CONTROL DEVICES (MUTCD) 2003 EDITION AS AMENDED BY MUTCD 2003 CALIFORNIA SUPPLEMENT", or subsequent editions in force at • the time of construction. These signs and barricades shall be indicated on and be an integral part of the Traffic Control Plan. . 10-2 .5 Temporary No Parking Signs. - Temporary No Parking • signs shall be posted at least 24 hours, but no more than 48 hours . in advance of the work- The signs shall be placed no more than • 100 feet apart on each side of the street- and at shorter intervals if conditions warrant. The Contractor shall provide the signs and will be responsible for adding the dates and hours of closure to . the signs. Removal of signs and furnishing and placing of barricades, if necessary, for posting of signs will be provided. • All signs shall be removed within 24 hours after the effective • date. • • VILLAGE FEST BOLLARD INSTALLATION CITY PROJECT NO 05-25 CONSTRUCTION DETAILS 10/18/07 SPECIAL PROVISIONS-SECTION 10-PAGE 2 . • • • • • 10-2 . 6 Notice to Property Owners or Businesses. - The • Contractor shall notify the property owners or occupants of affected properties with a written notice 48 hours prior to the • beginning of construction. Said notice shall be prepared and • submitted to the Engineer for approval prior to notifying property • owners or occupants of affected properties . • 10-2 .7 Traffic Disruptions. -- For all road closures, road • detours, lane closures, and all night- operations, the Contractor • shall obtain written approval from the Engineer a minimum of 2 working days prior to the commencement of the Work. All warning • signs shall be manufactured with high intensity faces and legends, and shall be placed at least 7 calendar days prior to the . commencement of construction. All work done on major and secondary thoroughfares shall utilize solar powered flashing arrow boards, and all signs shall remain in place during nighttime . hours . Any of the Contractor' s work that may disrupt normal traffic signal operation shall be coordinated with the Engineer a • minimum of 2 working days prior to the commencement of the Work. • . 10-2 .8 Traffic Signal Operations. - The Contractor shall not modify the Signal Timing. The Contractor shall notify the City 24 • hours in advance of any lane closures or detector loop removals so • that the agency can modify the signal timing appropriately. • 10-2. 9 Allowable Lane Closures. - • • No more than two travel lanes on North Palm Canyon shall be permitted to be closed at any time. 10-2 .10 Travel Lanes_ - In public streets, during working hours, the Contractor shall maintain one lane of traffic on North . Palm Canyon Drive at all times. Travel Lanes on Amado Road shall not be altered during the project. At night and during non-working • hours, the Contractor shall leave the work site in a safe • condition and allow for the full use of two lanes of traffic. • Flaggers shall be utilized to ensure the safe flow of traffic at • intersections and businesses that may be affected. This work shall . be included in the Bid Item price for traffic control in the Bid Schedule, and no additional compensation will be allowed • therefore. • . 10-2 .11 Detours . - The Contractor shall provide, install, and remove any detours for the routing of vehicular and pedestrian • traffic as shown on the Drawings, as specified in the Special • Provisions, or as directed by the Engi.neer. Payment for such work • shall be included in the Bid Item price for traffic control in the • VILLAGE FEST BOLLARD INSTALLATION • CITY PROJECT NO,05.25 CONSTRUCTION DETAILS • 1111107 SPECIAL PROVISIONS-SECTION 10-PAGE 3 • • • • • Bid Schedule, and no additional compensation will be allowed • therefore. • 10-2 .12 Traffic Access and Control. - The Contractor shall • provide and maintain all necessary traffic control to protect and • guide traffic around all work in the construction zone, including . solar-powered_ arrow boards . All traffic controls shall be clearly posted with signs prior to the commencement of the Work. All • traffic restrictions listed herein shall supplement any other • traffic control requirements of the City, and are not intended to . replace any part of these requirements. Local access shall be maintained to all properties fronting the Work at all times. 10-2 .13 Parking and Access. - Access shall be maintained to all driveways within the construction zone, unless other prior arrangements have been made with the Engineer and the affected • property owner. • 10-2 .14 Pedestrians. - The Contractor shall erect signs and • barricades to direct pedestrians through or around the • construction zone. These signs and barricades shall be an • integral part of the Contract, and shall be included as part of the Bid Item for traffic Control in the Bid Schedule, and no • additional compensation will be allowed therefore. • 10-2.15 Public Safety During Non-Working Hours. -- Notwith- • standing the Contractor' s primary responsibility for safety at the site of the Work when the Contractor is not present, the Engineer, • at his option, after attempt.Lng to contact the Contractor, may direct City forces to perform any functions he may deem necessary • to ensure publti.c safety at or in the vicinity of the site of the • Work. If such procedures are implemented, the Contractor shall be responsible for all expenses incurred by the City. • • 10-2 .16 Measurement and Payment - Measurement for payment for • traffic control will be based upon the completion of all planning, • design, engineering, furnishing, and construction, and maintenance and removal, of all traffic control as a lump sum item, complete, • as required under the provisions of any permits, and in accordance with the standard specifications and these special provisions . • Payment for traffic control shall be considered as included in the • lump sum price bid for "Traffic Control", and no additional • compensation shall be allowed therefore. • 10-3 REMOVALS • 10-3 .1 .1 Existing Facilities . - It- shall be the Contractor' s responsibility to protect all existing improvements not designated I-or removal . Should the Contractor anticipate removal of any VILLAGE PEST BOLLARD INSTALLATION CITY PROJECT NO, 05-25 CONSTRUCTION DETAILS 10/18/07 SPECIAL PROVISIONS-SECTION 10-PAGE 4 . • • • ! sidewalk, handicap ramps, curbs, gutters, driveway approaches, • trees, hedges, oleanders, fences, walls, signs, water valves, irrigation system components and associated electrical Service, • etc. , that is not slated for removal as part of the Contract, • repair and replacement shall be at least equal to 'the existing • improvements prior to such damage, all in accordance with requirements of the Contract Documents. • • The Contractor shall be responsible for any and all damage done to existing property and adjacent properties during all construction • work under this contract, and the Contractor, at its expense, shall make any repairs that result from its operations, to the • approval of the Engineer and the subject property owner. Damaged or removed bikeway or traffic striping shall be replaced • by the Contractor with permanent striping within 24 hours of damage or removal, or replaced with temporary striping at the • discretion of the Engineer. ! ! Any damaged traffic signal loop detectors shall be replaced by the Contractor within 72 hours of any damage at no additional cost to ! the City. 10-3 .1.2 Rights of Fray. - The Contractor shall not do any work that would affect any oil, gas, sewer, or water pipeline; any • telephone, television, telegraph, or electric transmission line or • cable; any fence; or any other sL-rucL•ure, nor shall the Contractor enter upon the rights-of-way involved until notified by the • Engineer that the City has secured authority therefor from the • proper party. After authority has been obtained, the Contractor • shall give said party due notice of its intention to begin work, and shall give said party convenient access and every facility for removing, shoring, supporting, or otherwise protecting such ! improvements and for replacing same. • Maintaining in Service: All oil and gasoline pipelines, power, and telephone television, or other communication cable ducts, gas and • water mains, irrigation lines, sewer lines, storm drain lines, poles, and overhead power and communication wires and cables • encountered along the line of the work shall remain continuously • in Service during all the operations under the Contract, unless • other arrangements satisfactory to the Engineer are made with the owner of said pipelines, duct, main, irrigation line, sewer, storm drain, pole, or wire or. cable. The Contractor shall be • responsible for and shall repair all damage due to its operations, and the provisions of this Section shall not be abated even in the • event such damage occurs after backfilling or is not discovered ! until after completion of the backfilling. • • VILLAGE FEST DOLLARD INSTALLATION ! CITY PROJECT NO.05.25 CONSTRUCTION DETAILS • 10/18/07 SPECIAL PROVISIONS-SECTION 10-PAGE 5 • • • 10-3.1.3.1 Approval of Repairs. - All repairs to damaged • improvements are subject to inspection and approval by an • authorized representative of the improvement owner before being concealed by backfill or other work. • 10-3.1 .4 Disposal Site. - The Contractor shall specify 'the route and the disposal site of the material that is required to be removed and hauled away. The Contractor shall provide this information at the Pre-Construction Conference. • The Contractor shall not stockpile any removals on any adjacent lots, with or without the property owner' s approval. 10-2 Payment. - Payment for earthwork shall be included in the • lump sum price bid for the foundation, and shall constitute full • compensation for removal and disposal of all resulting materials • as shown on the plans and required in the Standard Specifications • and these special provisions and as directed by the Engineer. ! Payment for saw cutting and removals required hereunder shall be . considered as included in the lump sum bid price for the foundation, and no additional compensation will be allowed • therefore. 10-4 ASPHALT CONCRETE • 10-4.2 Asphalt Concrete Pavement. The asphalt concrete shall consist of 3 inches of C2-AR4000 asphalt concrete pavement laid • over the P.C.C. foundation. The finished surface of the asphalt concrete shall be compacted flush with the existing street surface • surrounding the project. All asphalt concrete pavement • construction shall conform to Section 203-6 "Asphalt Concrete" of • the Standard Specifications . Alternatively, upon approval of the Engineer-Performance grade asphalt may be used. Said asphalt shall comply with specification grade PG64-10 in accordance with the • 2006 Caltrans Standard Specifications . • 10-4.3 Aggregate Sampling and Mix Design. Laboratory tests may • be performed at the expense of 'the City to determine if aggregates ! at the plant fall within specifications . Correction to sieves may be necessary if proper percentages are not met. 10-4.4 Tack coat. Tack coat shall be a SS-lh emulsified asphalt and it shall be applied to all clean, existing asphalt areas prior to laying new asphalt concrete. • The cost of Lack coat shall be included in the unit price for the construction of the bollards and no additional payment will be made therefor. ! ! VILLAGE FEST BOLLARD INSTALLATION CITY PROJECT NO,05.25 CONSTRUCTION DETAILS • 10/18/07 SPECIAL PROVISIONS-SECTION 10-PAGE 6 ! • • • • • 10-4.5 Measurement and Payment. Payment for Asphalt Concrete • shall be included in the unit price for the construction of the bollards . • . No separate payment will be made for asphalt or aggregate used in • the asphalt concrete. Payment for asphalt concrete shall include full compensation for . construction of asphalt- concrete including all material, labor, plant, equipment, furnishing all transportation, hauling, • spreading, compacting, and protecting, complete in place, (and • preparation of subgrade] and tack coat, in accordance with the • standard Specifications and these special provisions. • 10-5 PORTLAND CEMENT CONCRETE 10-5.1 Material. Portland Cement- Concrete of the class and type 560-C--3250 (6 Sack) shall be used for construction. • . 10-5.2 Measurement and Payment. - Payment for construction of . Portland Cement Concrete items will be included in the lump sum price for the construction of the foundation. . Payment for P. C.C. items shall include full compensation for construction of P.C. C. items including all material, labor, plant-, equipment, furnishing all transportation, excavating, hauling, spreading, finishing, and protecting, complete in place, in • accordance with the standard specifications and these special provisions . • No separate payment will be made for grading, preparation of subgrade, furnishing and setting of expansion aoint material, • disposal of excess materials, and all other appurtenant iLems for . which separate payment is not specifically provided in the bid. 10-6 STRIPING AND PAVEMENT MARKERS • 10-6.1 Pavement Markings -- Pavement markings shall conform to . the provisions in Section 210-1 . 6. 1 "General" and 210-1. 6.2 "Thermoplastic Paint, State Specifications, " of the Standard Specifications and these Special Provisions . 10-6.2 Applying Pavement Markings -- Traffic legends shall be applied in accordance with section 310-5 . 6 of the standard specifications. • 10-6.3 Removal of Existing Pavement Markings . • • 10-6.4 Pavement Delineation. -- Whenever the Contractor' s • operations obliterate pavement delineation (painted lines, raised . VILLAGE PEST BOLLARD INSTALLATION CITY PROJECT NO.05-25 CONSTRUCTION DETAILS • 10/18/07 SPECIAL PROVISIONS-SECTION 10-PAGE 7 • • • • pavement markers, pavement markings, or legends) , such pavement delineation shall be replaced in kind by the Contractor. Either . permanent or temporary delineation shall be installed by the Contractor before opening the traveled way to public traffic. • Temporary delineation shall consist of reflective raised pavement- • markers (Type "Z" temporary pop-ups) which shall be applied in . accordance with the manufacturer' s most current published instructions . Temporary delineation shall be of the same color as the permanent delineation. Full compensation for temporary • delineation shall be considered as included in the Bid Item prices • paid for the various line items of the Work in -the Bid Schedule that obliterated the existing delineation, and no additional compensation will be allowed therefor. • 10-6.5 Night Operations. -- Striping, legends, and pavement markings shall not be installed at night under any circumstances . The Work shall be executed only during the working hours discussed . in Section 6, Subsection 6-2 . 1, "Working Tours and Days, " of the Special Provisions . 10-6. 6 Compatibility. -- The Contractor shall use State metric stencils for all legends and arrows in the Work, and said stencils shall conform to the latest Bureau of Public Roads standards. The Contractor shall contact the Traffic Maintenance • Supervisor of the City at (619) 323-81.69 a minimum of 2 working . days before any legends are painted on City streets, to ensure that the patterns the Contractor is using match the patterns used by the City. No other patterns will be allowed to be used except- • those patterns that match the C:.ty' s. • 10-6.7 Asphalt. -- The material shall be able to be applied • at ambient and road temperatures down to 32 degrees F. (zero degrees C. ) without any preheating of the pavement- to a specific temperature. The pavement shall be clean, dry, and free of debris . The Contractor shall provide application instructions from the • manufacturer with each container. • 10-6.8 Payment. - Payment for installation of pavement markers . will be included in the unit price for the construction of the . bollards. 10-7 RAISED PAVEMENT MAPMERS . 10-6.1 Pavement Markers -- Pavement markers shall conform to the provisions in Section 214, "Pavement Markers, " and shall be • removed and placed in accordance with Section 312, "Pavement • Marker Placement and Removal, " of the Standard Specifications and these Special Provisions. • • VILLAGE FEST BOLLARD INSTALLATION . CITY PROJECT NO,05.25 CONSTRUCTION DETAILS 10/18107 SPECIAL PROVISIONS-SECTION 10-PAGE 8 . • • • • Epoxy adhesive per section 214-6 of the Standard Specifications . shall be used for installation of all raised pavement markers. • • 10-6.2 Payment. Payment for the removal and replacement of raised pavement markers shall be made at the unit price bid for • the construction of bollards, and shall include full compensation for providing and installing new raised pavement markers and all • other appurtenant work. • 10-8 SECURITY BOLLARDS. • General. Bollards shall be retractable stainless steel manually assisted lift bollards model number 060X0 as manufactured by Cal • Pipe Security Bollards of Downey California, or approved equal. • The bollards are to be rated "I4-12 Pass" by the United States • Department of State . Bollards shall be able to continue to operate even after an impact . Bollards shall be fabricated in a UL-listed facility. All in-ground components, parts, and . mechanisms shall be hat dipped galvanized or coated in an ASTM tested nylon or PPA corrosion inhibiting coating. Bollards shall • have a crafted wiper seal to prevent introduction of environmental contaminants into the inner casing of the bollard • housing. Bollards shall have a 4 . 125" recess machined into the surface of the bollard to permit the application of reflective • film as shown on the plans. Bollards and housings shall be • covered by a warranty against- corrosion for at least two years from installation. Bollards shall be covered by a two year parts and labor warranty. Manufacturer of bollards shall be able to • demonstrate possession of repair facilities, spare parts, and • trained technicians within two hours dri c of installation. Manufacturer shall provide one trained technician to be present • for commissioning upon installation. The Manufacturer' s . representative shall be present at the final inspection to address questions, review the installation and conduct staff • training on operation and maintenance of the bollards _ • • • - END OF SECTION - • • • • i . VILLAGE FES7 BOLLARD INSTALLATION CITY PROJECT NO.05.25 CONSTRUCTION DETAILS • 10/18107 SPECIAL PROVISIONS-SECTION 10-PAGE 9 • • • • • CITY OF PALM SPRINGS • • PUBLIC WORKS AND ENGINEERING DEPARTMENT • • • • • PART INN - APPENDIX • • • VILLAGE FEST BOLLARD INSTALLATION • CITY PROJECT NO. 05-25 • Project Drawing • • • • • • • • • • • • • • • • • • • • VILLAGE FEST BOLLARD INSTALLATION • CITY PROJECT NO 05-25 CONTENTS • 10/18/07 PART III R o� PALM So City of Palm Springs Z Public Works and Engineering Department U co l PERA,-rV {'m Downtown Bollard Installation Project = Phase 2 rC,Q� rFORN,P C. P. 05=25 flRUnderground Service Alert ' fir• �1' ` �E F F U .:i o Coll: TOLL FREE /r- -' F -aoa 41 • • 422 4133 TWO VICIR 1NG DAYS BEFORE YOU DIG Alfi � . _, - •c II : � Ile '! s I� �� a _I J_ I �� • _jrll� p, T' IF ! � I �L i F/76' Maolined recess for OF65f • a y. . uyl y4 ; t:luxl„�n . 4 - 4.1i _u rc9ecliw tops. ,o-r� \D 5 I II G7nde :AS-L 0. 4 / yC �. = I� �Nar•� y oP 9i 3;1 IL II ! 3' ❑-1/4 Sioinless Steel lil I, +Ifl� !Yf] ,'l No G28931 Exp 0}31-09 f '; �y+� CIV ' 4226 Atli II �! li R 7f ! IFS 1' B' �ei,,lur i, �Spwv­q Ell t :, . DATE '� B ff I I I'I i �' .I 1' �rr I �' _ - — 11 Fxtezn of Caaing i i. • , �i $ 1/Q' Plole walled to ho=e 1 1�p• 4� >� f'F']_��k ' .� I of bWlvd ale eva.� Ai I 1/ BOLLARD CROSS SECTION N.T.S. C.P. 05-25 .a. REi1R10H a +.i'm out Be^hICH Fe'.s�t 6Hm VY➢3i R� pff Cf 90PQfiY:d[0Y OF. >�sr: ca[a otm-a- �'L n... -:.0 a; rPrx:�r GffiY OP PALM SPRINGS, CALIPDI2IdIA ssrss:r u..' Cltp oI Palm Springa R NOT APPLICABLE t 'T�1� r°g�ee fnQ ➢,�. R$] •R m CONSTRUCTION AND INSTALLATION PLAN �a' m € pggjj Ida . 7 VILLAGE FrST BOLLARD INSTALLATION—PHASE 2 2 I' rev. 10-11-07 II� r r r 45.5' r Underground Service Alert 41.5' r �FOR� Y r Calk TOLL FREE 20" FKwxeAnoN TO BE 1-800 9C]ltED AT 5' 41TERY"L5, r 422-4133 � 1 NEW A.C. PAWNT. r TVOWCI)fIKG MY5 BEFORE YW IXG i� r 49" ` r 23" I o r fY i'M1.. 4 C r 3 B � o rEap o3-31-09 t r ST9Tf c i v i t, 4 OF 3' 4.56' 12' , r r DATE: r r 60.0, NOTES: m r 1. FOOTINGS SHALL BE CONSTRUCTED OF 6—SACK PORTLAND CEMENT r CONCRETE. C BOULARD � N 48.0' 06o 0 OR "PPfN]V0D EQAJ" 12.0' 2. REBAR CAGES SHALL BE CONSTRUCTED OF #4 REBAR PER DETAIL r HEREON. 3' I.D. 4' I.D. 4' I.D. 24" r TO NEW A Ems 3" T. 3. EXISTING A.C. PVMNT. SHALL BE SAW CUT SO THAT THE EDGES ARE 27" TcH r STRAIGHT AND SQUARE. r 4. TRAFFIC CONTROL SHALL COMPLY WITH CITY OF PALM SPRINGS a 8" STANDARD PLANS AND THE MUTCD. msT. A.C. ° 38 a rPVMNL (<w) • ' a. - n n 20" tl I r 5. BOLLARDS SHALL BE EVENLY SPACED ACROSS OPENINGS BUT IN NO 1 r CASE SHALL THEY BE FARTHER THAN 4.0' O.C. 74" 66" •a 56" r 36" 1 "" f rI--1 r6-SACK P.CJLL FODnNG r B0LIARD CROSS SECTIOFOUNDAN r LOOKING SOUTH R.0 r r r C.P. 05-25 r BENCH mmm 7. nmscr srpsKernaN or: m.x mr a�b-: �•�. a u,�.c .,,.mm�m ➢sY®oN ieeann oaa vaau r.b. , a� *� CITY OF P Ai 7VS SPRINGS, CALIFORNIA '°"` r city oL Palm eying s � CONS'iRUCTION AND INSTALLATION PLAN �.�� NOT APPLICABLE T`�N° "` �'' 2.Ai �.°"� a..® zes31 u2 VILLAGE FEST BOLLARD INSTALLATION—PHASE 2 2 rev. 9-20-07 r 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 The City of Palm Springs PUBLIC WORKS CONTRACT AWARD 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 A CONTRACT TO PERFORM PUBLIC WORKS UNDER LABOR CODE SECTION 17T7.5 HAS BEEN AWARDED TO: 2. NAME OF GENERAL CONTRACTOR 3. CONTRACTOR'S LICENSE NO Simon Contracting --892995 4. MAIL ADDRESS(STREET NUMBER OR P.O. BOX) 5 CITY PO Box 10990 Indio 8 ZIP CODE 7. TELEPHONE NUMBER 92202 750-347-5399 8. ADDRESS OR LOCATION OF PUBLIC WORKS SITE(INCLUDE CITY AND/OR COUNTY) Downtown Bollard Installation, Phase II 9. CONTRACT OR PROJECT NUMBER 10, DOLLAR AMOUNT OF CONTRACT AWARD CP 05-25 3 141,993,43 11, STARTING DATE(ESTIMATED OR ACTUAL) 12. COMPLETION DATE(ESTIMATED OR ACTUAL) MONTH DAY YEAR MONTH DAY YEAR 02 1 13 /08 µ1SE NUMBERS) 03 1 06 108 1 (USE NUMBERS) 13, TYPE OF CONSTRUCTION(HIGHWAY,SCHOOL,HOSPITAL,ETC.) 14, Street El NEW CONSTRUCTION El ALTERATIONS 15. CLASSIFICATION OR TYPE OF WORKER(CARPENTER,PLUMBER,ETC.) THAT WILL BE EMPLOYED BY THE CONTRACTOR(S) General Contractor, Asphalt Concrete Paving 16. Is language included In the Contract Award to effectuate the provision of section 1777.5,as required by the Labor Code?................................................................ El Yes Nv Is language included in the Contract Award to effectuate the provisions of Section Yes Nc 1776,as required by the Labor Code?.................................................................. El i 17, SIGN R 18. 71TLE 19. DATE / Manager 01/18/08 20. PRINTED 0 TYPED R ME 21. TELEPHONE NUMBERS Craig L. Gla anag r, Procurement& Contracting 760-322-8368 0up4oation of this form is pcmusslblc DAS 13(rev.5/01) .I PUBLIC WORKS CONTRACTS I BID RESULT CHECK LIST FAGR# AMOUNT E: I City Project No: (�S a a DATE Dates Published: // E Y ❑]ND ' Bid Date & Time: �f l I � J0-1 PROJECT: 5ils !? < 4 Ia J oZ SUCCESSFUL: 1. �S t 6. f 2. J- a 7. p 3. 4. Z . F 5• 10. INCOMPLETE RIDS: ( on-responsive) WHY: * �IppII CONTRACTOR BACKGROUND CHECK: #I 'YY'� A VR' Required? Y ❑ N yJ (ATTACH IF REQUIRED) :: .fie .� Affidavit of Non-Collusion Signed & Notarized? Y ® N ❑ ` f Information required of bidder page completed? Y I$ N ❑ Type & Amount of Insurance Required: L- �TTACH AMOUNTS Anr.`F'ECIFFCI Contractors License No. a ype(s) Status No. of days to complete wort IS Working Calendar Estimated Start Date: Estimated Completion Date: No. of days in which to execute contract after Notice of Award (date City Clark transmits contracts for execution): Davis-Bacon Exhibits (Specify Exhibits to be completed by Contractor?) Any Addenda? Y ❑ N No. Addenda Signed by Contractor? Y [IN ❑ BONDS: I i PERFORMANCE BOND C % PAYMENT BOND- (� % CORRECTION REPAIR BOND _ a % BID BONDS: BLANK BID SPECS. Successful Bidder: i. CASHIER'S CHECK? Y ❑ N ❑ DEPOSITED IN T & A? Y ❑ N ElFive (5) extra sets of bid Unsuccessful Bidders: specifications for contract execution CASHIER'S CHECKS? Y ❑ N ❑ DEPOSITED IN T & A? Y ❑ N ❑ Attached: Y ❑ N ❑ Which Contractor(s): ❑ Provided Previously I DO SPECS & AGREEMENT FORM REFERENCE: Public Contracts Government Code Sec. 22300 Y u� N ❑ Labor Code 1777.5 Y © N ❑ Labor Code 1776 Y N ❑ California Standard Specifications EDITION s - Standard Specifications for Public Works Construction EDITION DATE: WN J05 BY: c 2nnI�2 �S DEPT: la ��l c_ 91 Kr I�q I V1 Q e Y ) A 4 VENDORS & AMOUNTS BID VENDORS & AMOUNTS BID BID ABSTRACT W DUE ID �: P- 0S-as- DATE:_ /a n IDDING TO: 7/u ?6 lIIg l-4a6 4id - �[\�IZZY / . G lJAN71TY COMMODITY ITEM D O I �� J