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HomeMy WebLinkAbout05523 - B & T WORKS INC FARRELL DRIVE SIDEWALK CP 06-16 CITY OF PALM SPRINGS CALIFORNIA [ . P.O.Box 2743,Palm Springs,California 92263,(760)323-8253 Department of Public Works and Engineering NOTICE OF ACTION PQiO+°,',n; ` f,Pl 8� 53 FOR: ■PUBLIC AND/OR ❑PRIVATE. IMPROVEMENTS TO: ACCEPTANCE DATE: November 13,2007 B&T Works,Incorporated PROJECT: CT M-16,SB-821 Farrell Drive 23905 Clinton Keith Road,Suite 114351 Sidewalk(West Side) Wildomar,CA 92595 AGREEMENT NO. 5523✓. MINUTE ORDER NO. 8070 This is to inform you that a Notice of Completion has been filed and recorded on the above-named project. PUBLIC IMPROVEMENTS PRIVATE IMPROVEMENTS Curbing 233 L.F. Curbin• L. Driveway Paving 300 S.F. Street Paving S. Sidewalks _ 2AW S.F. Sidewalkv S. PCC Driveway Approaches 758 S.F. Driveway Approaches S. PCC Ramp 1 FA. Bike Paths S. Sewer Mains L.P. Sewer Mains L. Sewer Laterals L_F. Sewer Laterals L. Remove Trees 3 EA. Sewer Manholes E, Storm Drains L.F. Storm llroin4 L. Survey Monuments F.A. Survey Monumtmty F., Adust Water Valve EA. Cold Plan Fat Ac Pavement S.F. Location:West side of Farrell Drive from Andreas Road to Amado Rand.Palm SprinC4 Clififomia. C.P.S.Drawing No(s). Per Plans and Specifications Permit No, M114-,146 Contractor(s)actually doing the work B&T Works,lneoruorated Notify your bonding company/hank to release the following bonds: No. 70360204 in the amount of S 58.916 _. Performance 15 No. 70360204 in the amount of$58.916 ...._ Payment Oa.�LC•.130 ._ No, in the amount of$ Monuments No. in thL amount of$ Maintenance Security No in the amount of$ Correction&Repair Construction bond in the amount of$ for Engineer:„ CITY F.NMFER Bond Co./Bank:Westem Surety CompW Comments:FINAL eCQNTTRA!QTT AMDIIN'r:$54,612.20 Submitted by: I",O , —'t _ Dated_ z- /o- , F Senior orksinspector Approved by: �' Dated: Director of Public Works/City Engineer Distribution:OngmW m vagmcm•ro CP Foe•Copies W:Addressee.City Clerk,NOA ninJw,Siva[Malmo wa Marmga,Building and Facil index No. 0 --------------- 10 Y File Edit Generate Lette rs Transactions Reports Maintenance Quit G Letters Reports '-finterlanc Exit Program Gen. 14 1� jr-, 11 T7 DorLIMMU: A5523 Group; ENGINEERING Active DOC11111-eslt Description: Farrell sidewalk CP 06-1 3 Financials Appmval Date: 0712512007 Expire.Date: 10 V2007 Closcd Date: i I Owcid: 64,612,20 comparg. IS&T Works Inc XRef: MAP,CUS FULLER (700)323-81 So Paid: 0,00 J Contact: 1Giovanni Nancy Ph: ( Address; 123905 Clirton Kcdher Road-#11 4-361 Eal: $54,612.20 AddrieskZ Cw, VVildomar St: Zip: 7925S5 Country I= email: I A service: I In File Insurance Status; I Certificate and Policies are OK Document Tracling Items (Obi click heading to Sort) Nts Ti k Dig Ne ads Item 715uE! By Completed l AmtPddPd A rrit -1-110MM 707 lkdh MO 8070 1 f if 1 58,916.00 0.00 f2EU--F kdh To CIJ for sig .00 R01- 1 2M V2007 kdh C01 recv'd- in pending- need current VdC cart I If f -4,203.20TO.00 ❑L I - -6ro-g—a-tion f f if Od 11 MM007 kdh still has ins Issues- need wavier V'su 0 0,00 Ell 01 MQ 0 0 2 kdh _�CO 1 distrib to Carrie IN FILE f I _TF 0,00 0,00 ❑ 0111 012 0 0 8 kdh NOC to recorders next meek I I i f 0.00 Q 00 I L d DOC # 2008-0021573 01/15/2008 08:00f1 Fee:NC Page I of 1 Recorded in Official Records County of Riverside Larry IJ. Ward (Assessor, County Clerk 8 IlRecorder I IIIIII IIIIIII II I IIII(IIII IIII II IIII III IIII IIII IIII S R U PAGE SIZE DA MISC LONG RFD 2�m Recording Requested By And 1 When Recorded Return To- M A L 465 426 PCOR NCOR SMF NCHG City of Palm Springs Attn:City Clerk I r P.O.Box 2743,Palm Springs,CA 92263-2743 (SPACE ABOVE THIS LING FOR RECORDING USE) (FXFIV"FROM RECORDING FEE PER GOV-CODE§6103) /'� NOTICE OF COMPLETION IV NOTICF IS HEREBY given that: 8�1 1- The City of Palm Springs,California,is amunicipal corporation,organized and incorporated pursuant to the laws ofthe 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 ofthe City ofPahn Springs is City Hall,3200 E.Tahquitz Canyon Way,Palm Springs,California(P.O.Box 2743,Palm Springs, CA 92263-2743)- 4. The public work of improvement on the hereinafter referred to real property within the city was COMPLETED on the 13"' day of November,2007. S. The name ofthe contractor(ifnamed)forsuch work ofimprovementwas: B&T Works,lncorporated,23905 Clinton Keith Road,Suite 114-351,Wildomar,CA 92595. 6- The public work of irprovement,which was completed in the City of Palm Springs,County of Riverside,State of California,is described as follows: SB-821 Farrell Drive Sidewalk(west side). 7. Nature of1merest:Fee Owner S. The property address or location of said property is: West side of Farrell Drive from Andreas Road to Amado Raod,Palm Springs, California. 9. City Project No,06-16,Agreement Number:5523,Minute Order Numbcr.8070 CITY OF PALM SPRINGS: REVIEWED BY: 1 e� t-- DATED: /Z'/O- � I Senior Public Works Inspector Mi I K.Lytar BY: / - DATED: / - r! o Director of Public Works/City Engineer David J.Sarakian JAMES THOMPSON,being duly sworn,says: That he is the City Clerk ofthe aforesaid City of Palm Springs,California,the corporation that executed the foregoing notice; that he makes this verificatiou on behalfofsaid corporation; that he has read the foregoingNotice of Completion,and knows the contents thereof,and that the facts stated therein are true; that as said City Clerk,he makes this v on on behalf of�9said municipal corporation- CityClerk-James Thompson Index No- 1007 C� r/ CITY OF PALM SPRINGS CONTRACT CHANGE ORDER To: B&T Works Dare: November 13, 2007 23905 Clinron Keith Rd, Projecr No.: 06-16 Suite 114-351 Projccu Farrell Drive Sidewalks Wildomar, CA 92595 Change Order No.: One (1) Comracr Purchase No-: 0000466 :0 Account Number: 41710.08.00443.1 Minute Order No.: 8070 Agreement No.: 5523 CHANGES IN WORK/COST Increases to Contract Bid item 5. 2" AC Driveway 20 SF @ $5.00/SF $ 100.00 7b. V PCC Barrier Curb 79 LP @ S24.50/LF S1,935,50 10. Remove AC Pave. 17 SF @ S3.50/SF $ 59.50 New Item A. 6" Curb and Gutter 10 LF @ $25.00/LF S 250.00 Decreases to Contract Bid Item 3. PCC Sidewalk -342 SF @$7.45/SF ($2,547.90) 4. PCC Driveway -12 SF @ $8.45/SF ($ 101,40) 7a. 6" Barrier Curb -41 LF @ S19.50/LF ($ 799.50) 9. Remove Trees -2 FA @ $1,600.00/BA ($3,200.00) Total- Change Order Decrease Amount ($4,303.80) REASONS FOR CHANGES: Actual quantities required in the field were more or less than the original project estimate in the amounts indicated above. This is a final balancing change order,and represents a reduction to the contract of 73% Note: The prices above are inclusive of all specified mark ups. No additional mark ups will be added to any item on this Change Order. . 1 D. SOURCE OF FUNDS Account No. 41710-08-00443-1 will be credited in the amount indicated above. Summary of Costs Contract Time Original Contract Amount. $58,916.00 Original Completion Date: November 13,2007 This Change Order: $(-4,303.80) Days Added for this C.C.O.: --0-- Previous Change Order(s): $0 Previous Days Added: --0-- Revised Contract Amount. $54,612.20 Revised Completion Date: November 13,2007 I have received a copy of this Change Cuy pprov Order and the above AGREED PRICES are acceptable to the contractor. Submined by Date 11-/S- a 7 Senior Public Works Inspector By C��" ^'JYI � Approved by 1— 4^ Date f l 11/07 Contractor: B&T Works City-Engineer !l - 1V -d Date Approve Dace Ci ry-Manager Atte c^�w lerk ste City Ck = Distribution: - Original Executed CA pMt5 Conformed-File Copv Contractor (1) Engineering Pile (1) City Clerk (1) Senior Public Works Inspector (1) Finance (1) 2 AGREEMENT THIS AGREEMENT made this / day of A Lr� f A J� in the year 2007, by and between the City of Palm Springs,a charter aty,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 S & T WORKS, INC. hereinafter designated as the Contractor. The City and the Contractor,in consideration of the mutual covenants hereinafter set forth,agree as follows; ARTICLE 1—THE WORK The Contractor shall complete the Work as specified or indicated under the Bid Schedule of the CiVs Contract Documents entitled: FARRELL DRIVE-4DEWALK CITY PROJECT No,06-16 The Work is generally described as follows: The Work comprises the construction of new Portland cement concrete sidewalk, driveway approaches and access ramps; removal Of existing asphalt concrete driveway approaches; adjustment of water meter boxes to grade; and all appurtenant work on the west side of Farrell Drive from Andreas Road to Amado Road,in Palm Springs. 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 lime specified in Article 2, herein, plus any extensions thereof allowed in accordance with the 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 Contractors Bid and Bid Schedule(s). ARTICLE 4—THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids,Instructions to Bidders,the prevailing rate of per diem wages as determined by the Director of the C,11001`1`112 Department of Industrial Relations,the accepted Bid and Bid Schedule(s),List of Subcontractors,Non- collusi0n 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 0 to 0 ,inclusive,and all Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5—PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with provisions of 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. FARRELL DRIVE SIDEWALK CITY PROJECT NO. 06.16 �r)�t) R ,�Gr V�,�,� �III AGREEMENT FORM 6/6/2007 AGREEMENT AND BONDS- PAGE 9 ARTICLE 7—MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications as amended by the Special Provisions volt have the meanings indicated in said Standard Specifications and Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party Sought to be bound: and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by law),and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself,its partners,successors,assigns,and legal representatives, to the other party hereto,its partners, successors, assigns, and legal representatives, in respect of all covenants agreements, and obligations Contained in the Coritract Documents. IN WITNESS WHEREOF,the City and the Contractor have Caused this Agreement to be executed the day and year first above written. jATTES ffY OF PALM SPRINGS,CALIFORNIA APPROVED I}Y THE CITY COUNCIL: City CI'r MinuteOrderNo. S<770 DateVED AS ORM: Agreement No. E 5.2 5 By City Attorney Date B APPROVED BY CITY COUNCIL o o CONTENTS APPROVED: 6y / City Engineer Date �✓ e�I By ll /� City Man Date FARRELL DRIVE SIDEWALK CITY PROJECT NO. 06-16 AGREEMENT FORM 6/6/2007 AGREEMENT AND BONDS-PAGE 10 CONTRACTOR: (Check one:`individual,partnership, corporation) By 0 signalurc (NOTARIZED) Print Name antl Title: By (NOTARIZED) Print Name and Title: r / Mailing Address: Date (Corporations require two signatures;one from each of the following groups:A.Chairman of Board,President,or any Vice President;AND B.Secretary,Assistant Secretary,Treasurer. Assistant Treasurer,or Chlef Financial Officer). End of Signatures FARRELL DRIVE SIDEWALK AGREEMENT FORM CITY PROJECT NO.06-15 AGREEMENT AND BONDS- PAGE 11 6/6/2007 State of California CALIFORNIA ALL-PURPOSE County of 5s $$' CERTIFICATE OF ACKNOWLEDGMENT On f), before me, steAlal L{A , ua[e note J NanTe ur Not uv Puck personally appeared �Ai( �10, tilluKs all Fri nlr d N imr()nr 9nnrrhl personally known tome -or- proved to me on the basis of satisfactory evidence: ❑ form(s)of identifcatlon ❑ credible wilncss(es) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person($) acted, executed the instrument. WITNESS my hand and official seal. EPM NIE Comm *1567669 x or Nolary Public•California o z Riverside Cdunry Comm.EY Ire$Apr.9 2W9 ;iyuawre ul Notary Public (seal) OPTIONAL INFORMATION Although the information in this sri,crion is nor required by low, It could prey nr fraudulent removal and reattochment of this acknowledgment to on unauthorized document and rnayprove useful ro persons rely)ng on the attached documenr Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of �.�11vI`C� ❑Addinpn J;;ir,ntr(;) LI Slnncr(s)Thumbprmt(s).� ❑orher containing pages, and dated -I he signer(b) capacity or authority is/are as: ❑ Individual(5) El Auorncyin•Fsr( rn ryy CUl�]UraiC 0111CLf15) \l L4�t ��L+, Tille(.) _ ❑ V[ldfdldn/(_On SerVatOr ❑ Pariner-Llmted/General Trustee(s) Ill OLI,ur epresenling LO-Y--Us.` 1 VLC _ r O nF Prrwn L•I nr Er lry(Iesl Winner Is Iieplemnuliy NCnpYrinh[d00nlan[ary lin[ary Inc 92A5_?th5r De Momt•. In;Ofu-iov Fnrm nCKOd111n./O1r lorerordcT calllull-Iru l�277-149-n;HHnrvi'Iru:nn Thnlnreme[a[hnp//www[heYmwy.hupcom 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 Artide 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled: FARRELL DRIVE SIDEWALK CITY PROJECT NO,06-16 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 Did 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 J 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, at 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 workers 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.Norrcollusion Affidavit,Bidders General Infornation,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 Priri�ce'(s)r1med i the aforementioned Bidding Schedule(s). 1 /� l ,r�S Dated: l �(0 D 7- / A T " /� " Bidder. By. I (S' nature)G Tito: FARRELL DRIVE SIDEWALK CITY PROJECT NO.06.16 BID (PROPOSAL) 0/6/2007 BID FORMS-PAGE 2 BID SCHEDULE Schedule of Prices for the Construction of the: FARRELL DRIVE SIDEWALK (WEST SIDE) FROM ANDREAS ROAD TO AMADO ROAD. CITY PROJECT NO.06-16 in Palm Springs, California I Item Estimated Unit No. Description Quantity Unit Price Amount 1. Mobilization 1 LS $3,600.00 2. Traffic Control 1 1-8 Z / $ J/C�60•d G ' 3- Construct 4" Portland Cement Concrete Sidewalk 3,210 SF $ 4. G Construct Portland Cement Concrete Driveway 770 SF g L'7 ' ( �j $ ��f06 5. Construct 2"Asphalt Concrete Driveway 280 SF $ �j" '— $ ll�0U cFib I ' 6. Construct Access Ramp 1 EA $ `7C�c2•[� $ Zi 5 , 7, Construct 0.5'high P.C.C. Barrier Curb 116 LF $I/�/• % 0 / 7 ` 7, Construct 1'high P.C.C.Barrier Curb 54 LF 8. Adjust Water Meter to Grade 8 EA $ 370 0 $ g, Remove Existing Tree 5, EA $ l.Gi�'1 $ U7 10. Remove Existing A.C. Pavement 1,040 SF $ 7 $ J� G 71� • G- " ` 11. Remove Existing Portland Cement Concrete 30 SF $ V oo $ i �Q ✓ 12. Relocate Existing Sign 3 EA S ? G $ J TOTAL OF ALL ITEMS OF THE BID SCHEDULE: / ( (P'c in figo.es) 7-1,7f � i /fig% / tiC�✓ C S's� � �t (Pnc¢In words( 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. K4- "Name of Bidder or Finn FARRELL DRIVE SIDEWALK CITY PROJECT NO.06-16 UNIT PRICE BID SCHEDULE 6/6/2007 BID FORMS-PAGE 3 INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS t q•� required uired under Section 4100, et se of the Public Contract Code, the Bidder shall list below the name and I q business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of I the Contractor's Total Bid Price, or$10,000.00, whichever is greater, and shall also list the portion of the Work which I 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 'I and may cause its rejection. Contractor's Percent License of Total Work to be Performed Number Contract Subcontractors Name&Address 1. 2. 3. VV// U 4. 5. 6. 7. 8. FARRELL DRIVE SIDEWALK CITY PROJECT NO.06-16 LIST OF SUBCONTRACTORS 6/6/2007 BID FORMS-PAGE 4 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. Countyof r�t I, f-VOVr4nu/L.l tiAIL �( bein�first duly sworn, deposes and says that he or she is �✓�.5,rr�>L?_ of �J7T Ni/0 ✓�<Si _�' 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 depositary, or to any member or agent thereof, to effectuate a collusive or sham Bid. 1� Bidder 1A117 By / Title Organization 7 t✓�p6 r ��� }'-2 �. Address _ —70 s5 FARRELL DRIVE SIDEWALK CITY PROJECT NO. 06-16 NON-COLLUSION AFFIDAVIT 6/6l2007 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. BIDIDERICO_NTRACTOR'S Name and Street Address: 'K,� 1 Wp-y,fcS , 1/-L, a a-3 'r7o 1 54(_ /N-3 9 2_ CONTRACTOR'S Telephone Number: (C771 ) —7--7 h — b� Facsimile Number: 7T— 3 --�L, 3. CONTRACTOR'S License: Primary Classificationp State License Number(s) �C7 V y Supplemental License Classifications L 4, Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety CO{gC� sv�it-J f/tlrkQ /-�&<J' Address _Sim / C%_. L-- c Surety Company 1-� colX 4 Telephone Numbers: Agent( ) Surety(n ) 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 pri cipal officers of the corporation or firm- r , / a L/41-L�n FARRELL DRIVE SIDEWALK CITY PROJECT NO,06-16 BIDDER'S GENERAL INFORMATION 6/6/2007 610 FORMS-PAGE 7 I I • { I BIDDER'S GENERAL INFORMATION (Continued) I I I I 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 C.r �Y o F7 ;19 Address 7 qcO� Contact F 7 ray" Class of Work g7r)-� tl-rOc .�'I,�b fly r I` Phone c 0 Contract Amount fi ,Gl Ci Project Date Completed *I - U Contact PersonTelephone number b. Owner lZ(/R'&b I"-C- 2 k f,4-) C- Address 6 , Contact VLAI i' Class of Work I L,41i4 Phone }1 Lr_ 5 7 U Contract Amount L� 7id)n L) f Project ram✓ 9r Date Completed It V - Contact Person Telephone number C. Owner C -5 - L •e Address A hia-A Contact Z[La(-4 Class of Work P.�one _S� '�i�i b'o�eJ Contract Amount kti pi�CoU Pro ect S,,- it -,k- Date Completed F-60 7 I r Contact Person Telephone number I 10- List the name and title of the person who will supervise full-time the proposed wgrk for your *7 f firm: 7� I �9 ✓ !-f(/� U 1LJ1ri C J 11- Is full-time supervisor an employee '7` contract services_? 1Z 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. FARRELL DRIVE SIDEWALK CITY PROJECT NO- 06-16 BIDDER'S GENERAL INFORMATION 6/612007 BID FORMS-PAGE 8 STATE OF CALIFORNIA-DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF APPRENTICESHIP STANDARDS TO: California Department of Industrial Relations Division of Apprenticeship Standards P.O. Box 603 San Francisco, California 94101 EXTRACT OF FROM: AWARDING AGENCY PUBLIC WORKS CONTRACT AWARD 832480000 City of Palm Springs Office of Procurement& Contracting 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263-2743 A CONTRACT TO PERFORM PUBLIC WORKS UNDER LABOR CODE §17777.5 HAS BEEN AWARDED TO: 2 Name of General Contractor a. Contractor's License Number B & T works, Inc. 784833 4. Mail Address(Street Number of P O.Box) 5, City 23905 Clinton Keith Road Wildomar 6 zip Code 7. Telephone Number 92595 951-775-1401 8 Address or Location or Public Works Site(Include city andlorcounlry) Farrell Drive Sidewalk 9 Contract or Project Number 10 Dollargmount or Contract Award CF 06--16 $58,916. 11 Starting Date(Estimated or Actual) 12. Completion Date(Estimated or Actual) MONTH DAY YEAR (USE NUM8ER5) MONTH DAY YEAR (USE NUMBERS) 09 19 2007 10 10 2007 13. Type of Construction(Highway,school 1s. hospital,etc. Construction El NEW CONSTRUCTION ❑ ALTERATIONS 16. Classification or Type of Workman(Carpenter,plumber,etc) Construction and concrete workers 17 Is language included in the Contract Award to effectuate the provisions of Section 1777.5, As required by the Labor Code?........ .........1..... X YES NO Is language included in the Contract Award to effectuate the provisions of Section 1775, ppAs required by the Labor Cade? ..... ... . . ...... .. ........ X YES NO //�r 18. Si rittire 19 Title 20. Date / Procurement& C Contracting Mgr. / 21 Printed or ypod me 22 Tclephon4 Number Craig L. Gladdens 760-322-8368 PUBLIC WORKS CONTRACTn • BID RESULT CHECK LIST 4D [FOR CITY CLERK OFFICE: GR# AMOUNT City Project No: OG— 1 (0 O# DATE Dates Published: unf ill �� r�i0r7 0IV IND, APP NOTICE Y ❑N ❑ i Bid Date & Time: TaI� 10 aDO7 LD gfOO Pn I PROJECT: 5Q8a1 SiJP_u_wr, ( we, k s1 `i c�e1`` *SUCCESSFUL: 1. � k T l� hs 6. l I1tlT e.r S�IUI (�C �IOI/1�D . 2. Peincs ue_te C �,� anv7. LaVf . 1y d ntni n) DD I V)c- 3. r e_ira Ex� In �5s. a. A- e _ e rim. 5. �Dr\Sali �'nl��+ruction �.a.1o. INCOMPLETE plp5: Non-responsive) WHY: * r aaNu a, vsrs a�'.y� CONTRACTOR BACKGROUND CHECK: {I ±ray'Orh��Y„ Required? Y ❑ N C ' (ATTACH IF REQUIRED) Affidavit of Non-Collusion Signed & Notarized? Y ❑ N 11K Information required of bidder page completed? Y P'N ❑ Type & Amount of Insurance Required: ke a5e See ce a6lecjl IA EACH ANOIIHr's ARE WECFI®I Contractors License No. 17 IQ,e1E17) Types) _ C'I Status CUrCPX1 001L0,&i 0e. No. of days to complete work 5 Working �' Calendar Estimated Start Date: SL .G ,r ICI I�Z Estimated Completion Date: Pr)of-,ZJ(Y-D No. of days in which to execute contract after Notice of I ,^• Award (do to City Clerk transmits contracts for execution). Davis-Bacon Exhibits (Specify Exhibits to be completed by Contractor?) Any Addenda? Y ❑ N 0 No. Addenda Signed by Contractor? Y ❑N BONDS: PERFORMANCE BOND I00 % PAYMENT BOND Ids % CORRECTION REPAIR BOND 10 % BID BONDS: BLANK BID SPECS. .-- Successful Bidder: ---I --. - - - CASHIERrS CHECK? Y ❑ N ❑ DEPOSITED IN T & A? Y ❑ N ❑ Five (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 1 N ❑ F Labor Code 1777.5 Y Z N ❑ Labor Code 1776 Y 2' N ❑ California Standard Specifications EDITION Standard Specifications for Public Works Construction EDITION DATE: �u I 17, a007 BY; Ip _ rY(4. Row e_� / hI DEPT: rIIG tl)ork5 ❑n4neer(r L VENDORS & AMOUNTS BTD _ I VENDORS & AMOUNTS BID SIB] ABSTRACT77 DUE BID =: aG� DATE: BEDDTNLtii TO' 1�GC ' • . -! 'J 4 �� O v CIUANTITY =FAMOI)RY ITEM, �3r7 94oa 3 75-210 k I � I' k k I I k I k k I I k I • k 1 1 k k ' k k k •,� A ' I _ � l VENDORS & AMOUNTS SID VE�1figRS 1!c AMOUNTS DID BID ABSTRACT ro BiQ�: a�-�� DATE: �c a r �� SIDa�F&TO: � �GGCA}Y�C� � p ��� � �� WANTMY comm.ontrY iTeM •' `� ! �` g3 °a 3 a' 9 ' Syo r�o co $o Y 7d So77.33 7.ao f 1 i i ' I 1 i ' I i 1 1 CITY OF PALM SPRINGS, CALIFORNIA ' PUBLIC WORKS & ENGINEIERING DEPARTMENT 1 n� 1 NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND 1 SPECIAL PROVISIONS 1 FOR CONSTRUCTION OF THE: 1 FARRELL DRIVE SIDEWALK 2006-2007 SB 821 1 CITY PROJECT N O. 06-16 r 1 IN THE CITY OF PALM SPRINGS - 1 0 - June 2007 1 ?ALAI s u • LA' 1 m RPORATt"O FO 1 David J. Barakian, P.E., Director of Public Works/City Engineer Bids Open: July 10, 2007- Dated, June 6, 2007 0 1 CITY PROJECT NO. 66 - 16 The Special Provisions contained herein have been prepared by, or under the direct supervision of, the following Registered Civil Engineer: epor-ess/o PEE F.F, 5V. George F. Farago, P.E. ' Associate Civil Engineer o = Civil Engineer C 62254 cc m No C-62254 Zr EXP•9.30.20%]_'7 1 rgyFCF AIL Approved by: David J. Barakian, P.E. Director of Public Works/City Engineer Civil Engineer C 28931 1 1 1 1 FARRELL DRIVE SIDEWALK CITY PROJECT NO. 06-16 6/6/2007 SIGNATURE PAGE 1 NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND ' SPECIAL PROVISIONS TABLE OF CONTENTS PART I -- BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS ' Notice Inviting Bids Instructions to Bidders ' Bid Forms Bid (Proposal) Bid Schedule ' List of Subcontractors Non-collusion Affidavit Bidder's General Information Bid Bond (Bid Security Form) Agreement and Bonds ' Agreement Form Worker's Compensation Certificate Performance Bond Payment Bond 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 --APPENDIX ' C.P_S. Standard Drawings Caltrans Standard Plan w w w w w 1 FARRELL DRIVE SIDEWALK CITY PROJECT NO. 06.16 SPECIAL PROVISIONS 6/6/2007 GENERAL CONTENTS-PAGE 1 1 CITY OF PALM SPRINGS t PUBLIC WORKS & ENGINEERING DEPARTMENT ' PART I - BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS FARRELL DRIVE SIDEWALK CITY PROJECT NO. 06-16 ' 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 1 1 1 1 FARRELL DRIVE SIDEWALK ' CITY PROJECT NO.06-16 PART 1 CONTENTS 6/6/2007 PAGE 1 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 per]ury under the laws of the State of California, that the attached Public Notice Inviting Bids for CP No. 06-16, Farrell Drive Sidewalk ProDect, was transma.tted to the Public Record on June 14, 2007 for publication in The Public Record, an adjudicated legal publication on June 19 and 26, 2007, submitted to the following trade journals and Plan Room 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 Seurce Interactive and Building Industry Association, posted on the Public Works and Engineering Website on June 14, 2007, and available for public review 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 June 19 through July 10, 2007 . a -- = Carrie Rovnev,, AdministraVi�e Assistant - ; City OT Palm fornia 1 CITY OF PALM SPRINGS NOTICE INVITING BIDS iFor constructing Farrell Drive Sidewalk—City Project No. 06-16 ' N-1 NOTICE IS HEREBY GIVEN that sealed bids for the Farrell Drive Sidewalk will be received at the office of Procurement and Contracting Manager of the City of Palm Springs, California, until 2 P.M. on July 10, 2007, at which time they will be opened and read aloud. ' N-2DESCRIPTION OF THE WORK: The Work comprises the construction of new Portland cement concrete sidewalk, driveway approaches and access ramps; removal of existing asphalt concrete driveway approaches; adjustment of water meter boxes and valves to grade; and all appurtenant 1 work on the west side of Farrell Drive from Andreas Road to Amado Road in Palm Springs. N-3AWARD OF CONTRACT: 1 (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. i (b) As a condition of award, the successful bidder will be required to submit payment and performance bonds and insurance. ' N-4BID 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-SKIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a period of 60 calendar days from the date of bid opening. tN-6CONTRACTOR'S LICENSE CLASSIFICATION. The Contractor shall possess a valid Class A or C-8 Contractor license at the time of submitting bids. ' N-7CALIFORNIA WAGE RATE REQUIREMENTS: The Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State Of California for the locality where the work is to be performed. A copy of said wage rates is on ' file at the office of the City Engineer. The Contractor and any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates at the project site. ' N-8RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code. N-90BTAINING 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 $40 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. FARRELL DRIVE SIDEWALK CITY PROJECT NO.06-16 NOTICE INVITING BIDS 6/6/2007 PAGE 1 1 1 (c) An additional fee of$25.00 will be charged for sets of documents sent by UPS ground delivery. ' Overnight, Federal Express, or other methods of delivery shall be the responsibility of the Bidder. N-10 ADDRESS AND MARKING OF BIDS: The envelope enclosing the Bid shall be sealed and ' addressed to the City of Palm Springs, and shall be delivered or mailed to the Procurement and Contracting 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. 1 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: ��� Z 2007 ' By David J. Barakian, PE 1 Director of Public Works/City Engineer 1 1 PARRELL DRIVE SIDEWALK ' CITY PROJECT NO- 06-16 NOTICE INVITING BIDS 6/612007 PAGE 2 1 CITY OF PALM SPRINGS INSTRUCTIONS TO BIDDERS 1 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. 1 2. COMPETENCY OF BIDDERS - In selecting the lowest responsive, responsible Bidder, consideration will be given not only to the financial standing of the Bidder, but also to the general competency of the Bidder for the performance of the Work covered by the Bid. To this end, each Bid shall be supported ' by a statement of the Bidder's experience as of recent date on the form entitled "Bidder's General Information," bound herein. Except as Otherwise provided under Public Contract Code §20103.5, no Bid for the Work will be accepted from a contractor who does not hold a valid contractor's license in the State of California for the classifications named in the Notice Inviting Bids at the time of award. 3. DISQUALIFICATION OF BIDDERS - More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. If the City believes that ' any Bidder is interested in more than one Bid for the Work contemplated, all Bids in which such Bidder is interested will be rejected. If the City believes that collusion exists among the Bidders, all Bids will be rejected. 4. BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND THE SITE— a) It is the responsibility of each Bidder before submitting a Bid to examine the Contract Documents thoroughly; visit the site to become familiar with local conditions that may affect cost, progress, or ' performance of the Work; consider federal, state, and local laws and regulations that may affect cost, progress, or performance of the Work; study and carefully correlate the Bidder's observations with the Contract Documents; and notify the Engineer of all conflicts, errors, or discrepancies noted in the Contract Documents. ' (b) Reference is made to the Special Provisions for identification of those reports of explorations and tests of subsurface conditions at the site which may have been utilized by the Engineer in the preparation of ' the Contract Documents. However, such reports are NOT a part of the Contract Documents. The interpretation of such technical data, including any interpolation or extrapolation thereof, together with non-technical data, interpretations, and opinions contained therein or the completeness thereof is the responsibility of the Bidder. ' (c) Copies of such reports and drawings will be made available for inspection by the City to any Bidder upon request. Those reports and drawings are NOT part of the Contract Documents, but any t technical data contained therein upon which the Bidder is entitled to rely is limited t0 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. 1 (e) Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground utilities and other physical conditions, and passible 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 FARRELL DRIVE SIDEWALK ' CITY PROJECT NO.06-16 INSTRUCTIONS TO 6/6/2007 BIDDERS-PAGE 1 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 hales made by the Bidder and shall repair damage, clean up, and restore the site to its former condition upon completion of such exploration. ' (h) The lands upon which the Work is to be performed, the rights-of-way and easements for access thereto, and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage Of materials and equipment are to be provided by the Contractor. Easement for permanent structures or permanent changes in existing structures will be obtained and paid for by the City unless otherwise provided in the Contract Documents. ' (i) The submittal Of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article; that without exception the Bid is premised upon performing the Work required by the Contract Documents and such means, methods, techniques, ' sequences, or procedures of construction as may be indicated in or required by the Contract Documents; and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all the terms and conditions for performance of the Work. 5. INTERPRETATIONS -All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be resolved by the issuance of Addenda mailed or delivered to all parties ' recorded by the Engineer or the City as having received the Contract Documents. Questions received less than 5 days prior to the date Of opening Bids may not be answered. Only questions that have been resolved by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal ' or contractual effect. 6. BID SECURITY, BONDS, AND INSURANCE - Each Bid shall be accompanied by a certified or cashier's check or approved Bid Bond in the amount stated in the Notice Inviting Bids. Said check or bond shall be made payable to the City and shall be given as a guarantee that the Bidder, if awarded the Work,will enter into an Agreement with the City and will furnish the necessary insurance certificates, Payment Bond, and Performance Bond. Each of said bonds and insurance certificates shall be in the amounts stated in the ' Standard Specifications or Special Provisions. In case of refusal Or failure of the successful Bidder to enter into said Agreement, the check or Bid Bond, as the case may be, shall be forfeited to the City. If the Bidder elects to furnish a Bid Bond as its security, the Bidder shall use the Bid Bond form bound herein, or one conforming substantially to it in form. 7. RETURN OF BID SECURITY-Within 14 days after award of the Contract, the City will return all bid securities accompanying such Of the Bids that are not considered in making the award. All other Bid securities will be held until the Agreement has been finally executed. They will then be returned to the respective Bidders whose Bids they accompany. a. 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. FARRELL DRIVE SIDEWALK ' CITY PROJECT NO. 06.16 INSTRUCTIONS TO 6/6/2007 BIDDERS-PAGE 2 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 it's properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids prior to the scheduled closing time for receipt of Bids. 13. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS - Unauthorized conditions, limitations, or provisos attached to the Bid will render it informal and may cause its rejection as being non-responsive. The completed Bid forms shall be without interlineation, alterations, or erasures. Alternative Bids will not be considered unless expressly called for in the Notice Inviting Bids. Oral, FAX, telegraphic, or telephone Bids or modifications will not be considered. 14. LIQUIDATED DAMAGES - Provisions for liquidated damages, if any, shall be as set forth in the ' Agreement and the provisions of the Special Provisions. 15. SUBSTITUTE OR "OR-EQUAL" ITEMS - The procedure for submittal of any application for a substitute or"or-equal" item by the Contractor and consideration by the Engineer is set forth in Section 4 of the Standard Specifications and Special Provisions. 16. AWARD OF CONTRACT-Award of Contract, if it is awarded, will be based primarily on the lowest ' overall cost to the City, and will be made to a responsive, responsible Bidder whose Bid complies with all the requirements prescribed. Unless otherwise specified, any such award will be made within the period stated in the Notice Inviting Bids that the Bids are to remain open, unless extended by mutual agreement of the bidders. Unless otherwise indicated, a single award will not be made for less than all 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 1ARRELL DRIVE SIDEWALK CITY PROJECT NO. 06-16 INSTRUCTIONS TO 6/6/2007 21QQERS-PAGE 3 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 goad 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- 1 1 1 1 rARRELL DRIVE SIDEWALK CITY PROJECT NO. 06-16 INSTRUCTIONS TO 6/6/2007 BIDDERS-PAGE 4 B DOCUMENTS � ID ' 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 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. 1 1 1 FARRELL,DRIVE SIDEWALK CITY PROJECT NO. 06-16 COVER SHEET ' 6/6/2007 BID FORMS-PAGE 1 BID BID TO: CITY OF PALM SPRINGS, CALIFORNIA I 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: ' FARRELL DRIVE SIDEWALK CITY PROJECT NO.06-16 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 IaW, Bidder will enter into an Agreement Wthin the time and in the manner required in the Instructions to Bidders,and will furnish the insurance certificates.Payment Bond,Performance Band,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 INumber Date Bidder has familiarized itself with the nature and extent of the Contract Documents,the Work,the site,the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost,progress,or performance of the Work,and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of California Labor Code Section 1860, et seq.,the undersigned confirms the following as its certification; I am aware of the provisions of Section 3700 of the Labor Code,which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing,and including all Bid Schedule(s),List of Subcontractors,Non-collusion Affidavit,Bidder's General Information,and Bid Bond contained in these Bid Forms,said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents,and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s)named in the aforementioned Bidding Schedule(s). Dated: Bidder: By (Signature) Title: 1 FARRELL.DRIVE SIDEWALK CITY PROJECT NO,06-16 BID (PROPOSAL) 6/6/2007 BID FORMS-PAGE 2 ' BID SCHEDULE Schedule of Prices for the Construction of the: ' FARRELL DRIVE SIDEWALK (WEST SIDE) FROM ANDREAS ROAD TO AMADO ROAD. CITY PROJECT NO.06-16 in Palm Springs, California ' Item Estimated Unit No. Description Quantity Unit Price Amount 1, Mobilization 1 LS $3,600,00 2, Traffic Control 1 LS $ 3• Construct 4"Portland Cement Concrete Sidewalk 3,210 SF $ $ ' 4• Construct Portland Cement Concrete Driveway 770 SF $ g ' 5• Construct 2"Asphalt Concrete Driveway 280 SF $ $ 6• Construct Access Ramp 1 EA $ $ 7• Construct 0.5'high P.C.C. Barrier Curb 116 LF $ $ ` 7. Construct 1'high P.C.C. Barrier Curb 54 LF $_ $ t8• Adjust Water Meter to Grade 8 EA $ $ g• Remove Existing Tree 51 EA $ $ 10• Remove Existing A.C.Pavement 1,040 SF g $ 11, Remove Existing Portland Cement Concrete 30 SF $ $ ' 12• Relocate Existing Sign 3 EA $ $ TOTAL OF ALL ITEMS OF THE BID SCHEDULE: ' $ (Price in fgumx) (Price in wards) — 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 Did Schedule for the deleted item of Work. Name of Bidder or Firm ' FARRELL DRIVE SIDEWALK CITY PROJECT NO,06-16 UNIT PRICE BID SCHEDULE ' 6/6/2007 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 Contractor's Total laid Price, or$10,000.00, whichever is greater, and shall also list the portion of the Work which will be done by such subcontractor. After the opening of Bids, no changes or substitutions will be allowed except as ' otherwise provided by law- The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. ' Contractor's Percent License of Total Work to be Performed Number Contract Subcontractor's Name&Address 1- 1 2. 3. 1 ' 4. ' 5. 6. ' 7. 1 g FARRELL DRIVE SIDEWALK CITY PROJECT NO. 06-16 LIST OF SUBCONTRACTORS ' 6/6/2007 BID FORMS-PAGE 4 1 11 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID 1 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. 1 Bidder By Title Organization ' Address ' FARRELL DRIVE SIDEWALK CITY PROJECT NO. 06.16 NON-COLLUSION AFFIDAVIT ' 6/6/2007 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 Citys Contract Documents entitled: FARRELL DRIVE SIDEWALK CITY PROJECT NO. 06-16 ' 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 , 2007. PRINCIPAL: SURETY: (Check one: individual, `partnership, ocrporaticn) 8y ey ' signature (NOTARIZED) Print Name and Title: ' TiOe (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) By signature (NOTARIZED) Print Name and Title! corporaooru require two signawrosl ono Irom each of the fotlowing ' gmups:A-Chairman of Board,President,or any Vice President AND B, Secretary,Asslsunt Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer) ' FARRELL DRIVE SIDEWALK CITY PROJECT NO.06-16 BID BOND (BID SECURITY FORM) 6/6/2007 BID FORMS-PAGE 6 1 BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Did to be non-responsive and may cause its rejection. ' 1. BIDDER/CONTRACTOR'S Name and Street Address: 1 ' 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: 1 1 FARRELL DRIVE SIDEWALK CITY PROJECT NO. 06-16 BIDDER'S GENERAL INFORMATION ' 6/6/2007 BID FORMS-PAGE 7 1 1 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. 1 1 FARRELL DRIVE SIDEWALK CITY PROJECT NO. 06.16 BIDDER'S GENERAL INFORMATION ' 6/6/2007 BID FORMS- PAGE 8 1 1 ' AGREEMENT THIS AGREEMENT made this day of_m in the year 2007, by and between ' the City of Palm Springs,a charter aty,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 of the City's Contract Documents entitled: ' FARRELL DRIVE SEDEWALK CITY PROJECT NO.06-15 The Work is generally described as follows: The Work comprises the construction of new Portland cement concrete sidewalk, driveway approaches and access ramps; removal of existing asphalt concrete driveway approaches; adjustment of water meter boxes to grade; and all appurtenant work on the west side of Farrell Drive from Andreas Road to Amado Road,in Palm Springs. ' 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 the 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 less 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 Contractors Bid and Bid Schedule(s) ARTICLE 4--THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids,Instructions to Bidders the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations,the accepted Bid and Bid Schodule(s),List of Subcontractors,Non- collusion Affidavit, Bidders General Information, Bid Security or Bid Bond, this Agreement, Workers Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers to ' inclusive,and all Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5—PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with provisions of 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. ' FARRELL DRIVE SIDEWALK CITY PROJECT NO, 06-16 AGREEMENT FORM 6/6/2007 AGREEMENT AND BONDS- PAGE 9 1 ARTICLE 7—MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications as amended by the Special Provisions will have the meanings indicated In said Standard Specifications and Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by law),and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself,its partners,successors,assigns,and legal representatives, to the other party hereto,its partners, successors, assign, 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 1 FARRELL DRIVE SIDEWALK CITY PROJECT NO-06-16 AGREEMENT FORM 6/6/2007 AGREEMENT AND BONDS- PAGE 10 CONTRACTOR: (Check one:_individual, partnership, _corporation) By gnaNm OTA(NRIZED) Print Name and Title 1 By signature (NOTARIZED) Print Name and Title: Mailing Address: Date (Corporations require two signatures;one from each of the following groups:A.Chairman of Board,President,or any UCe t President;AND B.Secretary,Assistant Secretary,Treasurer, Assistant Treasurer,or Chief Financial Officer). End of Signatures FARRELL DRIVE SIDEWALK AGREEMENT FORM CITY PROJECT NO. 06.16 AGREEMENT AND BONDS-PAGE 11 6/6/2007 � 1 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 Cade, and I will comply with such provisions before commencing the performance of the Work of this Contract. Contractor By ' Title 1 1 FARRELL DRIVE SIDEWALK ' CITY PROJECT NO. 06.16 WORKER'S COMPENSATION CERTIFICATE 6/6/2007 AGREEMENT AND BONDS-PACE 12 1 ' PERFORMANCE BOND ' KNOW ALL MEN BY THESE PRESENTS, That as Contractor, ' And as Surety, are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the County of Riverside,California,hereinafter called the"City,"in the sum of: ' dollars, for the payment of which sum well and truly to be made,we bind ourselves, our heirs, executors,administrators, successors,and assigns,jointly and severally,firmly by these presents. ' WHEREAS said ConVadlor has been awarded and is about to enter into the annexed Agreement with sald City to perform the Work as specified or indicated in the Contract Documents entitled, FARRELL DRIVE SIDEWALK CITY PROJECT NO.06-10 NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract Documents required to be performed on its part,at the times and in the manner specified herein,then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED,that any alterations in the Work to be done or the materials to be furnished,or Changes in the time of completion,which may be made pursuant to the terms of said Contract Documents,shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said Contractor or said Surety,and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED,this day of ,2007, CONTRACTOR: SURETY: (Check one: _individual ____partnership, Corporadan) ' BY By Time slgnsure (SEAL AND NOTARIAL ACKNOWLEDGMENT OF (NOTARIZED) SURE Print Name and Title: By signature (NOTARIZED) ' Print Name and Title: (Corporehans require two signature:, one from each of the following groups: A Chainan of Board, President, or any Vloe President AND S. Secretary Assistant Secretary, Treasurer,Assistant Treasurer,or Chief Flnanclal Officer) 1 FARRELL DRIVE SIDEWALK CITY PROJECT NO. 06-16 PERFORMANCE BOND 6/6/2007 AGREEMENT AND BONDS- PAGE 13 1 1 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,Stale of California, hereinafter called the"City,"in the sum of: dollars, for the payment of which sum well and holy to by made, we hind 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: FARRELL DRIVE SIDEWALK CITY PROJECT NO.06-16 ' 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, withhold, 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 Cade with respect to such labor, all as required by the provisions of Tifle XV, Chapter 7, Sections 3247-3252, inclusive, of the Civil Code of the State of California and acts amendatory thereof,and Sections of other Codes of the Slate 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, of any person,company,or corporation renting or hiring implements or machinery or power for,or contributing to,said work to be done,or any person who performs work or labor upon the same,or any person who supplies both work and materials therefore,shall have complied with the provisions of said laws,then said surely 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 attorneys fee aS shall be fixed by the Court. This Bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion,which may be made pursuant to the terms of said Contract Documents,shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said Contractor or said Surety, and notice of said alterations or extensions of the Agreement is hereby waived by Said Surety. ' SIGNED AND SEALED,this day of 2007. 1 1 rARRELL DRIVE SIDEWALK PAYMENT BON❑ ' CITY PROJECT NO. 06-16 AGREEMENT AND BONDS-PAGE 74 6/0/2007 1 1 CONTRACTOR: (Check one:—individual, partnership, _corporation) ' EY GlgnoNre (NOTARIZED) ' Print Name and Title: By signature (NOTARIZED) Print Name and Tine: (Corporations require two signatures;one Gom each of the following groups:A.Chairman of Board,Prealdent,or any Vito President;ANO S.Secretary Assistant Secretary Treasurer,Assistant Treasurer,or Chief Financial Officer), SURETY 1 ' BY Title (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) 1 1 rARRELL DRIVE SIDEWALK PAYMENT BOND ' CITY PROJECT NO. 06.16 AGREEMENT AND BONDS-PAGE 15 6/6/2007 1 CERTIFICATE OF INSURANCE THIS CERTIFICATE ISSUED TO THE OWNERIAGENTS LISTED BELOW DESIGNATED BY THE CONTRACT WITH THE INSURED NAME AND ADDRESS OF INSURED INSURANCE COMPANIES AFFORDING COVERAGE COMPANY A B ' C D TYPE OF WORT(PERFORMED AND LOCATION ' . TYPE OF INSURANCE POLICY NUMBER POLICY LIMITS OF LIABILITY IN THOUSANDS(0000) EXPIRATION DATE EACH OCCURRENCE; AGGREGATE COMPREHENSIVE GENERAL BODILY INJURY LIABILITY $ $ Including: or El FaWLOGIDN AND CDLUPGC PROPERTY DAMAGE y S C❑� UNDERGROUND DAMAGE LI PRODUCTSICOMPI,ETED OPERATIONS BODILY INJURY AND U CONTRACTUALINSURANCE PROPERTY ❑ BROAD FORM PROPERTY DAMAGE DAMAGE COMBINED $ $ ' ❑ INDEPENDENT-CONTRACTORS ❑ PERSONAL INJURY PERSONAL INJURY $ COMPREHENSIVE AUTOMOBILE 0ODILY INJURY LIABILITY EACIIPORGON $ Indud�ng EACH ACCIDENT OWNED PROPERTY DAMAGE $ ❑❑ HIRED LJ NON-0WNED or BODILY INJURY © MOTORCARRIERACT AND PROPERTY DAMAGE COMBINED $ ' EXCESS LIABILITY BODILY INJURY Including AND PROPERTY DAMAGE COMBINED $ El EMPLOYGR'G LIAOILITY WORKER'S COMPENSATION sTATUTORY and EMPLOYER'S LIABILITY Including EL S (EACH ❑ ONGSHEME ACCIDENT) LHARBOR ORKINB PND HARBOR WORKER$ OTHER ADDITIONAL INSURED ENDORSEMENT—CITY OF PALM SPRINGS The undersigned teddies that he or she 1L me repro-cnWhve of the abovcnamcd insurance companies that he or she has the authority to execute and Issue this certificate to Certificate Holder and accordingly does hereby teddy on behalf eF said Insurance comp.rocs that po4ocs of insumncc listed above have been Issued to the Insured named above and are In force at this LIMB. NotwithsUmeing any requirement lemi,Or condition eF-,ny contractor ether document With respect to which this cedifjcate may be Issued or may pertain,the Insurance afforded by We policies described herein is subject b at the tsmm exclusions and cendNons of such politic:, Cepics of the palluos shown Will be furnished to tho Certificate Holder upon request This Certificate dogs not amend,extend or alter the Coverage afforded by me policies listed Cancellation Should any of the above described policies be cancelled before the explratlon date thereof the Issuing company will mail 30 days wmlen nebce to the below• namcd ccrirAcatc holder. ' NAME AND ADDRESS OF ADDITIONAL INSURED DATE ISSUED BY ' .�n,onu<o�mrun,,.TMor^�n��..w.�r.wroonH�oAwe.Ar. FARRELL DRIVE SIDEWALK CERTIFICATE OF INSURANCE CITY PROJECT NO.06-16 AGREEMENT AND BONDS- PAGE 16 6/6/2007 1 1 CITY OF PALM SPRINGS ' PUBLIC WORKS AND ENGINEERING DEPARTMENT 1 ' PART II .._ SPECIAL PROVISIONS FARRELL DRIVE SIDEWALK CITY PROJECT NO, 06-16 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 1 1 FARRELL DRIVE SIDEWALK PART II-SPECIAL PROVISIONS CITY PROJECT NO. 06-16 GENERAL CONTENTS-PAGE 7 6/6/07 ' CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING DEPARTMENT ' SPECIAL PROVISIONS ' FARRELL DRIVE SIDEWALK CITY PROJECT NO. 06-16 SECTION 1 --TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS ' 1-1 GENERAL 1-1.1 Standard Specifications. - The Work hereunder shall be done in accordance with the Standard Specifications for Public Works Construction ("Greenbook"), 2006 Edition, including all current supplements, addenda, and revisions thereof, these Special 1 Provisions, and the Standard Plans identified in the Appendix, insofar as the same may apply to, and be in accordance with, the following Special Provisions. ' In case of conflict between the Standard Specifications for Public Works Construction ("Greenbook") and these Special Provisions, the Special Provisions shall take precedence over, and be used in lieu of, such conflicting portions. 1-1.2 Supplementary Reference Specifications. - Insofar as references may be ' made in these Special Provisions to the Caltrans Standard Specifications, such work shall conform to the referenced portions of the technical provisions only of said reference specifications, provided, that wherever the term "Standard Specifications" is used without the prefix "Caltrans", it shall mean the Standard Specifications for Public Works Construction ("Greenbook"), 2006 Edition, as previously specified in the above paragraph. 1-2 LEGAL ADDRESS t 1-2.1 Legal Address of the City. - The official address of the City shall be City of Palm Springs, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, or such other address as the City may subsequently designate in written notice to the Contractor. 1-2.2 Legal Address of the Engineer. - The official address of the Engineer shall be the Director of Public Works/City Engineer, City of Palm Springs, Engineering 1 FARRELL DRIVE SIDEWALK TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS CITY PROJECT NO.05-1 G SPECIAL PROVISIONS-SECTION 1 - PAGE 1 $112/07 Department, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, or such ' other address as the Engineer may subsequently designate in writing to the Contractor. 1-2.3 Legal address of the City's Project Representative. - The name and address of the City's designated Project Representative shall be the Street Maintenance Manager, 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/City 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 63069-85, to be paid to the City or to be deducted from any payments due, or to become due, the Contractor for each days delay in completing the whole or any specified portion ' of the Work beyond the time allowed in the Special Provisions, Standard Plans-The Standard Drawings and the Special Drawings of the City of Palm Springs. , Owner-The Owner shall be the Agency, as defined above. Working Day-A Working Day is defined as any day, except as follows: ' (a) Saturdays, Sundays, and any designated legal holiday officially observed by the City of Palm Springs. Designated legal holidays are: ' New Year's Day(January 1) Martin Luther King Jr. Day(Third Monday in January) Lincoln's Birthday(February 12) President's Day(Third Monday in February) Memorial Day(Last Monday in May) Independence Day(July 4) , Labor Day(First Monday in September) Veteran's Day(November 11) Thanksgiving Day(Last Thursday in November) Day after Thanksgiving Day Christmas Eve Day(December 24) Christmas Day(December 25) When a designated holiday falls on a Saturday, the Friday before the holiday shall be a designated , legal holiday- When a designated holiday falls on a Sunday, the Monday after the holiday shall be a designated legal holiday. (b) Days on which the Contractor is prevented by inclement weather or conditions resulting immediately therefrom adverse to the current controlling operation or operations, as determined by the Engineer, from proceeding with at least 75 percent of the normal labor and equipment force ' FARRELL DRIVE SIDEWALK TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS CITY PROJECT NO. 06-16 SPECIAL PROVISIONS- SECTION 1 • PAGE 2 6/6/07 engaged on such operation or operations for at least 60 percent of the total daily time being currently spent on the controlling operation or operations. ' - END OF SECTION - 1 1 1 1 1 FARRELL DRIVE SIDEWALK TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS ' CITY PROJECT NO. 06-76 SPECIAL PROVISIONS• SECTION t • PAGE 3 616/07 ' 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 Section 6-9, "Liquidated Damages" of the Standard Specifications. 1 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 time of completion does not include time associated with ordering long lead-time items. Contractor shall refer to Section 4-2.2 of these Special Provisions for requirements ' associated with ordering long lead-time items. As set forth in the Agreement, the Contractor shall pay to the City as liquidated damages the sum set forth in the Agreement per day for each and every calendar day's delay in finishing the Work in excess of the number of working days prescribed above. 2-2 CONTRACT BONDS ' 2-2.1 BONDING COMPANY WAIVER OF RIGHT OF NOTIFICATION The fallowing shall be added at the end of Section 2-4 of the Standard Specifications: "The Contractor shall ensure that its Bonding Company is familiar with all of the terms and conditions of the Contract Documents, and shall obtain a written acknowledgement by the Bonding Company that said Bonding Company thereby waives the right of special notification ' of any changes or modifications of the Contract, or of extensions of time, or of decreased or increased Work, or of cancellation of the Contract,or of any other act or acts by the City or any of its authorized representatives." 2-2.2 EXECUTION OF BONDS Bonds shall be executed by either: (a) two (2) or more sufficient personal sureties; (b) one sufficient admitted surety insurer; or(c) a combination of sufficient personal sureties and admitted surety insurers. If a corporate surety insurer is used, a County Clerk's ' certificate evidencing that it is an admitted surety insurer shall be submitted with the bonds. If a personal surety is used, all requirements set out in Code of Civil Procedure Section 995.510 shall be met to the satisfaction of the City Engineer. FARRELL DRIVE SIDEWALK SCOPE AND CONTROL OF WORK CITY PROJECT NO. 06.16 SPECIAL PROVISIONS-SECTION 2-PAGE 1 6/6/07 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 confliclis, errors, or discrepancies in any of the , Contract Documents, the document highest in precedence shall control. The order of precedence shall be as listed below: 1. Change Orders or Work Change Directives 2. Agreement 3. Addenda 4. Contractor's Bid(Bid Forms) 5. Special Provisions 6. Notice Inviting Bids 7. Instructions to Bidders 8. Plans(Contract Drawings) 9. Standard Plans lo. Standard Specifications 11. Reference Documents , With reference to the Drawings, the order of precedence shall be as follows: 1. Figures govern over scaled dimensions 1 2. Detail drawings govern over general drawings 3. Addenda or Change Order drawings govern over Contract Drawings 4. Contract Drawings govern over Standard Drawings 5. Contract Drawings govern over Shop Drawings 2-4 SUBSURFACE DATA Section 2-7 of the Standard Specifications shall be revised to read as follows: ' "2-7.1 Limited Reliance by Contractor. - Soils reports and other reports of subsurface conditions may be made available for inspection by the Contractor. HOWEVER, SUCH t REPORTS AND DRAWINGS ARE NOT CONTRACT DOCUMENTS. The Contractor may rely upon the general accuracy of the "technical data"contained in such reports and drawings only where such "technical data" are specifically identified in the Special Provisions. Except for such reliance on such"technical data,'the Contractor may not rely upon or make any claim against the City,the Engineer, nor any of the Engineer's Consultants with respect to any of the following: 2-7.1.1. Completeness. - The completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto, or 2-7.1.2. Other Information. - Any other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings, or 2-7.1.3. Interpretation. -Any interpretation by the Contractor of such "technical data,"or any , conclusion drawn from any "technical data" or any such data, interpretations, opinions or information." FARRELL DRIVE SIDEWALK SCOPE AND CONTROL OF WORK CITY PROJECT NO. 06.16 SPECIAL PROVISIONS-SECTION 2- PAGE 2 6/6/07 ' 2-5 TEMPORARY ACCESS OR CONSTRUCTION RIGHTS-OF-WAX ' 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 1 It shall be the Contractor's responsibility to protect all the existing survey monuments, bench marks, survey marks and stakes. Removal of such monuments, or displacement ' thereof, shall require their resetting per City requirements, including corner record filing, for the existing type of monument in question at the Contractor's expense. Any existing monument shall not be disturbed until the Contractor's surveyor maintains a survey location check on all existing monuments, without cost to the City. The Contractor is advised that resetting of monuments shall be the responsibility of the Contractor's surveyor, without cost to-the City- Should the Contractor anticipate disturbance of any survey monuments, it shall notify the Engineer prior to removal. ' The Contractor's surveyor shall -provide and record appropriate Corner Record documents with the Riverside County Surveyor, as required by law. 2-7 AUTHORITY OF THE ENGINEER ' The Engineer will decide all conflicts which may arise as to (1) the quality or acceptability of the materials or equipment furnished, (2) the performance of the Work, (3) the manner of performance and rate of progress of the Work, (4)the interpretation of ' the Plans, Specifications, and Special Provisions, (5) the acceptable fulfillment of the Contract on the part of the Contractor, and (6) compensation of the Contractor. The Engineer's decision shall be final, and he shall have the authority to enforce and make ' effective such decisions and orders which the Contractor may fail to carry out promptly. 2-8 INSPECTION ' The Engineer shall have complete and safe access to the Work at all times during construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the Specifications, the Special Provisions, and the Plans- All labor, materials, and equipment furnished shall be subject to the Engineer's inspection. When the Work is substantially completed, a representative of the Engineer will make the final inspection. 2-9 SITE EXAMINATION The Contractor shall have the sole responsibility of satisfying itself concerning the FARRELL DRIVE SIDEWALK SCOPE AND CONTROL OF WORK CITY PROJECT N0, 06.16 SPECIAL PROVISIONS-SECTION 2 - PAGE 3 616107 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 the difficulties, responsibilities, or costs of successfully performing the Work according to the Contract Documents. 2-10 FLOW AND ACCEPTANCE OF WATER Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work_ Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, and has prepared its Bid accordingly; and the Contractor, by submitting such a Bid, assumes all said risk. 2.11 SUBMITTALS The following provisions shall replace Section 9-2 "Lump Sum Work" of the Standard Specifications: On lump sum items, the Contractor shall submit, for approval by the ' Engineer, a Schedule of Values, or lump sum price breakdown, which will serve as the basis for progress payments and shall be incorporated into a form of Application for Payment acceptable to the Engineer. Such Schedule of Values shall be submitted for approval at the Pre- construction Conference and must meet the approval of the Engineer before any payments can be made to the Contractor, - END OF SECTION - 1 i 1 FARRELL DRIVE SIDEWALK SCOPE AND CONTROL OF WORK CITY PROJECT NO. 06-16 SPECIAL PROVISIONS- SECTION 2- PAGE 4 616l07 SECTION 3 -- CHANGES IN WORK t3-1 EXTRA WORK The provisions of Section 3-3 of the Standard Specifications shall apply; provided, that the provisions for markup percentages for overhead and profit for extra work referenced in subparagraph 3-3.2.3 of the 2006 edition shall be deleted in its entirety and the following substituted therefore: 3-2 PAYMENT ' 3-2.1 Markup: The provisions of Subsection 3-3.2.3 Markup,- shall be amended to read as follows: ' (a) Work by Contractor. The following percentages shall be added to the Contractors costs and shall constitute the markup for all overhead and profit. ' 1) Labor 24 percent(includes bonding) 2) Materials 15 percent 3) Equipment rental 15 percent 4) Other items and expenditures 15 percent 5) Subcontracts (1 st tier only) 5 percent 6) lower tier subcontractors none 1 To the sum of the costs and markups provided for in this subsection, except for labor, one percent shall be added as compensation for bonding. ' 3-2.2 Contract Unit Prices: The provisions of Subsection 3-2.2.1 of the Standard Specifications shall be revised to read as follows: 3-2.2.1(a) Allowable Quantity Variations on Unit Price Contracts: In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the Contract Documents, wherever such unit price has been established; provided, that an adjustment in the Contract Unit Price may be made for changes which result in ' an increase or decrease in the quantity of any unit price bid item of the Work in excess of 25 percent, or for eliminated items of work. 1 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 Engineers Estimate therefore by more than 25 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 therefore will be paid for by adjusting the Contract Unit Price, as hereinafter provided, or at the option of the City, payment for the work involved in such rARRELL DRIVE SIDEWALK CHANGES IN WORK CITY PROJECT NO- 06-16 SPECIAL PROVISIONS-SECTION 3- PAGE 1 615/07 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 t make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor. ' 3-2.2.1(c) Decreases of More Than 25 Percent on Unit Price Contracts: On unit price contracts, should the total pay quantity of any item of work required under the contract be less than 75 percent of the Engineer's Estimate therefore, an adjustment in compensation pursuant to this Section will not be made unless the Contractor so requests in writing. If the Contractor so requests, the quantity ' of said item performed, unless covered by an executed contract change order specifying the compensation payable therefore, will be paid for by adjusting the Contract Unit Price as hereinafter provided, or at the option of the Engineer, payment for the quantity of the work of such item performed will be made as if the work were to paid for as extra work as provided in Section 3-3.2 of the Standard Specifications, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the City; provided however, that in no case shall the payment for such work be less than that which would be made at the Contract Unit Price. 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 fixed costs. Such actual unit cost will be determined by the Engineer in the same manner as if the work were to be paid for as extra work as provided in Section 3-3.2 of the Standard Specifications, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the City. The payment for the total pay quantity of such item of work will in no case exceed the payment which would be made for the performance of 75 percent of the Engineer's Estimate of the quantity for such item at the original Contract Unit ' Price- FARRELI.DRIVE SIDEWALK CHANGES IN WORK CITY PROJECT NO. 06-16 SPECIAL PROVISIONS-SECTION 3- PAGE 2 6r6i07 1 ' 3-2.2.1(d) Eliminated Items on Unit Price Contracts: On 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 date of notification of such elimination by the Engineer, and if orders for such material cannot be canceled, it will be paid for at the actual cost to the Contractor. In such case, the material paid for shall become the property of the City and the actual cost of any further handling will be paid for by the City. If the material is retumable 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. 1 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 - FARRELL DRIVE SIDEWALK CHANGES IN WORK CITY PROJECT NO. 06-76 SPECIAL PROVISIONS- SECTION 3-PAGE 3 616/07 1 SECTION 4-- CONTROL OF MATERIALS 4-1 TRADE NAMES OR EQUALS 4-1.1 Substitutions. - Subparagraph 2 of Section 4-1.6 of the Standard Specifications shall be amended to read as follows: Whenever any particular material, process, or equipment is indicated by a patent, proprietary, or brand name, or by the name of the manufacturer, such product shall be followed by the words "or equal." A Contractor may offer any material, process, or equipment considered as equivalent to that ' indicated, unless a sole source is specified. Failure of the Contractor to submit requests for substitution promptly after bid opening shall be deemed to signify that the Contractor intends to furnish one of the brands ' named in the Special Provisions, and the Contractor does hereby waive all rights to offer or use substitute materials, products, or equipment for that which was originally specified. Unless otherwise authorized by the Engineer, the time for submission of data substantiating a request for substitution of an "or equal" item shall be not more than 20 days after bid ' opening. 4-1.2 Submittals for Approval of "Or Equals." - Should the Contractor request ' approval for "or equal' products, it shall submit data substantiating such request to the Engineer as per Subsection 4-1.1, above. Data for approval of"or equal' products shall include complete calculations, technical specifications, samples, or published ' documents relating to the performance and physical characteristics of the proposed substitute. The appearance of manufacturer and product names or trademarks, details of materials or services, or product descriptions in either the Plans or the Specifications ' are for reference only and do not constitute an endorsement of same by the Engineer or the City- 4.2 MATERIALS 4-2.1 Quantities. - The Contractor shall submit with each of its billing invoices, a ' corrected list of quantities, verified by the Engineer, for unit price items listed in the Bid Schedule. 4-2.2 Placing Orders. - The Contractor shall place the order(s) for all long-lead supplies, materials, and equipment, for any traffic signing, striping, legends, and traffic control facilities within 3 working days after the award of Contract by the City. The Contractor shall furnish the Engineer with a statement from the vendor(s) 1 that the order(s) for said supplies, materials, and equipment has been received and accepted by said vendor(s) within 15 working days from the date of said award of Contract. END OF SECTION - FARRELL DRIVE SIDEWALK CONTROL OF MATERIALS ' CITY PROJECT N0, 06-16 SPECIAL PROVISIONS-SECTION 4-PAGE 1 616107 1 SECTION 5 -- UTILITIES 5-1 REMOVAL, RELOCATION, OR PROTECTION OF EXISTING UTILITIES (a) The following full text of Government Code Section 4215 shall replace the provisions of Section 5 5, subparagraph 4, of the Standard Specifications: "In accordance with the provisions of Section 4215 of the California Government Code, any contract to which a public agency as defined in Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or ' protection of existing main or trunk-line utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by the public agency in the plans and specifications ' made a part of the invitation for bids. The agency will compensate the Contractor for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. The Contractor shall not be assessed liquidated damages for delay ' in completion of the project, when such delay was caused by the failure of the public agency or the owner of the utility to provide for removal or relocation of such utility facilities. ' Nothing herein shall be deemed to require the public agency to indicate the presence of existing service laterals or appurtenances ' whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve the public agency from identifying main or trunk lines in the plans and specifications. If the Contractor while performing the contract discovers utility facilities not identified by the public agency in the contract plans or specifications, he or she shall immediately notify the public agency and utility in writing. The public utility, where they are the owner, shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price." ' (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: FARRELL DRIVE SIDEWALK UTILITIES ' CITY PROJECT N0.06-16 SPECIAL PROVISIONS- SECTION 5-PAGE 1 6/6/07 "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. The Contractor shall be responsible for coordinating its work with all utility companies ' during the construction of the Work. All water meters, water valves, fire hydrants, Southern California Edison vaults, General ' Telephone vaults, Southern California Gas Company valves, and other subsurface structures shall be protected by the Contractor. The Contractor shall notify each utility owner a minimum of 2 days before commencing the Work. - END OF SECTION - FARRELL DRIVE SIDEWALK UTILITIES CITY PROJECT NO. 06-16 SPECIAL PROVISIONS � SECTION 5 - PAGE 2 , 6/6107 SECTION 6 -- PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK ' 6-1 LIQUIDATED DAMAGES ' 6-1.1 Amount. - The amount of liquidated damages as specified in Section 6-9 of the Standard Specifications shall not apply, but shall be as stated in the Agreement. ' 6-2 TIMES OF OPERATION 6-2.1 Hours of Operation. - It shall be unlawful for any person to operate, permit, ' use, or cause to operate any of the following, other than between the hours of 7:00 a.m. to 3:30 p.m., Monday through Friday, with no work allowed on City-observed holidays, unless otherwise approved by the Engineer: ' 1. Powered Vehicles 2. Construction Equipment 3. Loading and Unloading Vehicles 4. Domestic Power Tools 6-3 NOTIFICATION The Contractor shall notify the City and the owners of all utilities and substructures not less than 2 working days prior to commencing the Work. The following list of names and telephone numbers is intended for the convenience of the ' Contractor only and is not guaranteed to be complete or correct: CITY OF PALM SPRINGS Sherman Ferguson,Streets Maintenance Supervisor (760)32M167 Dave Baraklan,City Engineer (760)323-B253 VERIZON Attention: Mr-Larry Moore (760)778-3603 DESERT WATER AGENCY Attention: Mr.WoodyAdams (760)323-4971 SOUTHERN CALIFORNIA EDISON COMPANY Attention: Mr. Frank Jasso (760)202-4278 ' SOUTHERN CALIFORNIA GAS COMPANY Attention: Ken Kennedy (909)335-7716 TIME-WARNER CABLE Attention: Mr. Dale Scrivner (760)340-1312 W HITEWATER MUTUAL Attention: Mr. Stan Clark (760)325-5880 ' SPRINT Attention: Mr, Lynn Durrett (909)873-8022 PROSECUTION, PROGRESS, FARRELL DRIVE SIDEWALK AND ACCEPTANCE OF THE WORK CITY PROJECT NO. 06-16 SPECIAL PROVISIONS-SECTION 6-PAGE 1 ' 6/12107 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 - ' 1 1 PROSECUTION, PROGRESS, ' FARRELL DRIVE SIDEWALK AND ACCEPTANCE OF THE WORK CITY PROJECT NO- 06-16 SPECIAL PROVISIONS •SECTION 6- PAGE 2 ' 6/6/07 1 SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR 7-1 General. - The provisions of Section 7-13 of the Standard Specifications shall be revised to read as follows: "The Contractor shall keep itself fully informed of all existing and future State and Federal - laws, and county and municipal ordinances and regulations, which in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any way affect the conduct of the Work, and of all such orders and decrees of bodies or ' tribunals having any jurisdiction or authority over the same. He or she shall at all times observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any or all authority over the Work, and shall indemnify the City and all officers and employees thereof connected with the Work, including, but not limited to, the City Engineer, against any claim or liability arising from, ' or based on, the violation of any such law, ordinance, regulation, order, or decree, whether. by itself or its employees. If any discrepancy or ' inconsistency is discovered in the Plans, Drawings, Special Provisions, or Contract for the Work in relation to any such law, ordinance, regulation, order, or decree, the Contractor shall forthwith report the same to the Engineer in writing." 7-2 Hours of Labor. -- Eight hours labor constitutes a legal day's work. The Contractor shall comply with all applicable provisions of Section 1810 to 1815, inclusive, of the California Labor Code relating to working hours. The Contractor shall forfeit, as a penalty to the City, $25.00 for each worker employed in the execution of the contract by the Contractor or by any subcontractor under him for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day or 40 hours in any one calendar week, unless such worker receives compensation for t 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. m As required by Sections 1770 and following, of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the Engineer, which copies shall be made available to any interested party on request. The Contractor shall post a copy of such determination at each job site. The Contractor shall, as a penalty to the City, forfeit $50.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the ' Director for such work or craft in which such worker is employed for any public work done under the Contract by it or by any subcontractor under it. FARRELL DRIVE SIDEWALK FACILITIES FOR AGENCY PERSONNEL CITY PROJECT NO. 06-11 SPECIAL PROVISIONS• SECTION 8- PAGE 1 6/6/07 7-4 Travel and Subsistence Payments. - As required by Section 1773.8 of the 1 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 executed 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 Unpaid Claims. - If, at any time prior to the expiration of the period for service of , a Stop Notice, there is served upon the City a Stop Notice, as provided in Sections 3179 through 3210 of the Civil Code of the State of California, the City shall, until the discharge thereof, withhold from the moneys under its control so much of said moneys due or to become due the Contractor under this Contract, as shall be sufficient to answer the claim stated in such Stop Notice, and to provide for the reasonable cost of ' any litigation thereunder, provided, that if the Engineer shall, in its discretion, permit the Contractor to file with the City the bond referred to in Section 3196 of the Civil Code of the State of California, said moneys shall not thereafter be withheld on account of such ' Stop Notice. 7-6 Retainage From Monthly Payments: - Pursuant to Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any money withheld by the City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent, who shall return such securities to the Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written ' agreement for in-lieu construction payment retention, provided by the City between the escrow agent and the City, which provides that no portion of the securities shall be paid to the Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City will not certify that the Contract has been satisfactorily completed until at least 30 days after filing by the City of a Notice of Completion. Securities eligible for investment under Public Contract Code Section ' 22300 shall be limited to those listed in Section 16430 of the Government Code, and to bank or savings and loan certificates of deposit. 7-7 Contracts for Trenches or Excavations; Notice on Discovery of Hazardous 1 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 (4 feet) below the surface, shall be subject to FARRELL DRIVE SII)MALK FACILITIES FOR AGENCY PERSONNEL CITY PROJECT NO. 00-1$ SPECIAL PROVISIONS- SECTION 8- PAGE 2 ' G/6/07 1 the following conditions: the Contractor shall promptly, before the conditions are disturbed, notify the public entity in writing of such conditions. (b) It has been determined that the OSHA soil classification in Palm Springs has designated to be Type C soil throughout the City. All protective measures shall be based upon that determination. 7-8 Resolution of Construction Claims. - As required under Section 20104, et ' seq., of the California Public Contract Code, any demand of $375,000 or less, by the Contractor for a time extension, payment of money, or damages arising from the work done by or on behalf of the Contractor pursuant to this Contract, or payment of an amount which is disputed by the City, shall be processed in accordance with the provisions of said Section 20104, et seq., relating to informal conferences, non-binding judicially-supervised mediation, and judicial arbitration. ' A single written claim shall be filed under this Article prior to the date of final payment for all demands resulting out of the Contract. ' Within 30 days of the receipt of the claim, the City may request additional documentation supporting the claim, or relating to defenses or claims the City may have against the Contractor. If the amount of the claim is less than $50,000, the Contractor shall respond to the request for additional information within 15 days after receipt of the request. The Contractor shall respond to the request within 30 days of receipt, if the amount of the claim exceeds $50,000, but is less than $375,000, ' Unless further documentation is requested, the City shall respond to the claim within 45 days, if the amount of the claim is less than $50,000, or within 60 days, if the amount of the claim is more than $50,000, but less than $375,000. If further documentation is requested, the City shall respond within the same amount of time taken by the Contractor to respond, or 15 days, whichever is greater, after receipt of the information, if the claim is less than $50,000. If the claim is more than $50,000, but less than ' $375,000, and further documentation is requested by the City, the City shall respond within the same amount of time taken by the Contractor to respond, or 30 days, whichever is greater. If the Contractor disputes the City's response, or the City fails to respond, the Contractor may demand an informal conference to meet and confer for settlement of the issues in dispute. The demand shall be served on the City, within 15 days after the deadline of the City to respond, or within 15 days of the City's response, whichever occurs first. The City shall schedule the meet and confer conference within 30 days of the request. If the meet and confer conference does not produce a satisfactory request, the Contractor may pursue the remedies authorized by law. 7-9 Concrete Forms, Falsework, and Shoring. - The Contractor shall comply fully with the requirements of Section 1717 of the Construction Safety Orders, State of ' California, Department of Industrial Relations, regarding the design of concrete forms, falsework, and shoring, and the inspection of same prior to the placement of concrete. FARRELL DRIVE SIDEWALK FACILITIES FOR AGENCY PERSONNEL CITY PROJECT NO, 06=76 SPECIAL PROVISIONS-SECTION 8- PAGE 3 6/6/07 Where the said Section 1717 requires the services of a civil engineer registered in the , State of California to approve design calculations and working drawings of the falsework or shoring system, or to inspect such system prior to the placement of concrete, the Contractor shall employ a registered civil engineer for these purposes, and all costs therefore shall be included in the Bid item price named in the Contract for completion of the Work as set forth in the Contract Documents. 7-10 Payroll Records; Retention; Inspection; Noncompliance Penalties; Rules and Regulations. - The Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem ' wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records, enumerated under paragraph one of this Section 7-10, shall be ' certified and shall be made available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: 1. A certified copy of an employee's payroll record shall be made available for inspection, or furnished to the employee, ' or his or her authorized representative on request. 2. A certified copy of all payroll records, enumerated ' herein, shall be made available for inspection, or furnished upon request, to a representative of the body awarding the Contract, or the Division of Labor Standards Enforcement, ' or the Division of Apprenticeship Standards of the California Department of Industrial Relations. 3. A certified copy of all payroll records, enumerated herein, shall be made available upon request to the public for inspection, or copies thereof made, provided, however, ' that a request by the public shall be made through either the body awarding the Contract, or the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement- If the requested payroll records have not been provided pursuant to Section 7.11, paragraph- 2, herein, the requesting party shall, prior to being provided , the records, reimburse the costs of preparation by the Contractor, subcontractors, and the entity through which the request was made. The public shall not be given access , to the records at the principal office of the Contractor- The Contractor and each subcontractor shall file a certified copy of the records, enumerated in paragraph one of this Section 7-10, herein, with the entity that requested the records within 10 days after receipt of a written request. FARRELL DRIVE SIDEWALK FACILITIES FOR AGENCY PERSONNEL CITY PROJECT NO. 06-16 SPECIAL PROVISIONS- SECTION $- PAGE 4 ' 6/6/07 1 ' Any copy of records made available for inspection as copies, and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address, and social security number. The name and address of the Contractor awarded the Contract or performing the Contract shall not be marked or obliterated. The Contractor shall inform the body awarding the Contract of the location of the records enumerated under said Section 7-11, paragraph one, herein, including the street address, city and county, and shall, within 5 working days, provide a notice of any change of location and address. In the event of noncompliance with the requirements of this Section, the Contractor shall have 10 days in which to comply subsequent to receipt of a written notice specifying in what respects the Contractor must comply with this Section. Should noncompliance still be evident after the 10-day period, the Contractor shall, as a penalty to the State or political subdivision on whose behalf the Contract is made or awarded, forfeit 25 dollars for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due, A copy of all payrolls shall be submitted weekly to the Engineer. Payrolls shall contain the full name, address and social security number of each employee, his or her correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made, and actual wages paid. They shall also indicate all apprentices and ratio of apprentices to journeymen. The employee's address and social security number need only appear on the first payroll on which his or her name appears. The payroll shall be accompanied by a "Statement of Compliance," signed by the employer or its agent, indicating that the payrolls are correct and complete, and that the wage rates contained therein are not less than those required by the Contract. The "Statement of Compliance" shall be on forms furnished by the City, or on any form with identical wording. The Contractor shall be responsible for the submission of copies of payrolls from all subcontractors. iIf, by the 15th of the month, the Contractor has not submitted satisfactory payrolls for all work performed during the monthly period ending on or before the 1 St of that month, the ' City will retain an amount equal to 10 percent of the estimated value of the work performed during the month from the next monthly estimate, except that such retention shall not exceed $10,000, nor be less than $1,000. Retentions for failure to submit satisfactory payrolls shall be in addition to all other retentions provided for in the Contract. The retention for failure to submit payrolls for any monthly period will be released for payment on the monthly estimate for partial payments next following the date that all the satisfactory payrolls for which the retention was made are submitted. 7-11 INSURANCE 1 7-11.01 INSURANCE AMOUNTS: FARRELL DRIVE SIDEWALK FACILITIES FOR AGENCY PERSONNEL CITY PROJECT NO- 06-16 SPECIAL PROVISIONS-SECTION 6- PAGE 5 6/6107 1 The limits of liability for insurance as required by Article 7-1.12 of the Standard Specifications shall provide coverage for not less that the following amounts or greater where required by Laws and Regulations: Before commencing the Work, the Contractor shall furnish a Certificate of Insurance with the following liability limit: $1 Million per Occurrence/$2 Million Aggregate. Umbrella excess liability may be used to reach the limits stated above. A. At a minimum, coverage must include: ' 1. Insurance Services Office Commercial General Liability coverage (occurrence ' form C00001) 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto) 3. Workers' Compensation and Employers Liability insurance as required by the ' State of California for all labor employed by Contractor or any sub-Contractor. B. The following general requirements apply: f 1.. Insurance carrier must be authorized to do business in the State of California. ' 2. Insurance carrier must have a rating of or equivalent to B++,VIII by A.M. Best Company. 3. Coverage must include personal injury, protective and employer liability. , 4. Certificate must include evidence of the amount of any deductible or self-insured retention under the policy. 5. Contractor's insurance must be primary and non-contributory over any insurance the City may maintain, that is, any such City insurance shall be excess to limits stated in the certificate. ' C. Verification of Insurance coverage may be provided by either (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable certified copy of the insurance policy (Declarations of Coverage) with the following endorsements stated on the policy: 1. "The City of Palm Springs, its officials, employees and agents are named as an ' additional insured" ("as respects a specific contract" or "for any and all work performed with the City" may be included in this statement). FARRELL DRIVE SIDEWALK FACILITIES FOR AGENCY PERSONNEL CITY PROJECT NO. 06-16 SPECIAL PROVISIONS- SECTION 8- PAGE 6 ' 616107 1 2- "This insurance is primary and non-contributory over any insurance or self-insurance the City may have" ("as respects a specific contract" or "for any and all work performed ' with the City" may be included in this statement). 3- "Should any of the above described policies be canceled before the expiration date ' thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. See example below. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the ' insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents and volunteers. See example below. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policy. ' All certificates and endorsements are to be received and approved by the City before Work commences. Failure to obtain the required documents prior to the commencement of Work shall not waive the Contractors obligation to provide them. Cancellation Example: SHOULD ANY OF THE ABOVE REFERENCED POLICIES BE CANCELLED BEFORE THE at the Palm Canyon Wash. EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ' E149E VOR TO MAIL 30 DAYS* WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN BUT FAILURE- TOMAIL 6UGH- &T-IGE-nSH-ALI IMPOSE NO GB iA-T-ION ' OR I1ABl ITv OF ANY ONE UPON T44F INSURER, ITc AGENTS OR REPRESENTATIVES. The brokedagent can include a qualifier stating "10 days notice for nonpayment of premium. " Waiver of Subrogation Example: "IT IS UNDERSTOOD AND AGREED THAT THE COMPANY WAIVES THE RIGHT OF SUBROGATION AGAINST THE ABOVE ADDITIONAL INSURED(S), BUT ONLY AS RESPECTS THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO." 7-12 PERMITS 7-12.1 Business License. The Contractor and all of its subcontractors shall possess a ' current City business license issued by the City prior to commencement of the Work, in r•ARRELL DRIVE SIDEWALK FACILITIES FOR AGENCY PERSONNEL ' CITY PROJECT NO. 06-16 SPECIAL PROVISIONS•SECTION 8-PAGE 7 6/6/07 accordance with Title 3 of the City's Municipal Code. The Contractor shall obtain a ' Business License from the City of Palm Springs prior to commencement of work. The Business License can be obtained from the City of Palm Springs, Business License , Office, 3200 Tahquitz Canyon Way, Palm Springs, CA. 92262, (760) 323-8289. 7-12.2 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. 7-13 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. II Materials and equipment shall be removed from the site as soon as they are no longer necessary; and upon completion of the work and before final inspection the entire worksite shall be cleared of equipment, unused materials, trash, rubbish and debris so as to present a satisfactory clean and neat appearance, as approved by the Engineer. All cleanup costs shall be absorbed in the Contractors bid. Full compensation for all work required in this section shall be considered as included in the contract prices paid for the related items of work and no additional compensation ' will be allowed therefore. 7-14 DUST CONTROL ' 7-14.1 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. If a water meter is required by the Engineer during construction, the Contractor shall contact the Desert Water Agency at (760) 323-4971 to obtain said meter. The cost of ' this work shall be included in the price of various items in the Bid Schedule, and no additional payment will be made therefore. B. The Contractor shall be responsible for maintaining the project site and providing adequate dust control 24 hours a day, everyday, through the duration of the proiect, in Conformance with City requirements, Section 10 of the Standard specifications, and to the satisfaction of the City Engineer. . 7-14.2 Payment. - Full compensation for providing 24 hour dust control and project maintenance shall be considered as included in the contract lump sum price paid for mobilization, and no additional compensation will be allowed therefore. - END OF SECTION - FARRELL DRIVE SIDEWALK FACILITIES FOR AGENCY PERSONNEL CITY PROJECT NO. 06-16 SPECIAL PROVISIONS- SECTION 8 -PAGE 8 , 6/6/07 SECTION 8 -- FACILITIES FOR AGENCY PERSONNEL 1 (BLANK) END OF SECTION - 1 1 FARRELL DRIVE SIDEWALK FACILITIES FOR AGENCY PERSONNEL CITY PROJECT NO. 06.16 SPECIAL PROVISIONS- SECTION 8- PAGE 9 016107 1 ' 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 completion date of the Contract shall not constitute a waiver of liquidated damages. Subject to the provisions of Section 22300 of the Public Contract Code, a 10 percent retention will be withheld from each payment. All invoices and detailed pay requests shall be approved by the Engineer before submittal to the City for payment. All billings shall be directed to the Engineer. ' The Contractor shall submit with its invoice the Contractor's conditional waiver of lien for the entire amount covered by such invoice; valid unconditional waivers of lien from the Contractor and all subcontractors and material-men for all work and materials included in any prior invoices; ' Waivers of lien shall be in the forms prescribed by California Civil Code Section 3262. Prior to final payment by the City, the Contractor shall submit a final waiver of lien for the Contractor's work, together with releases of lien from any subcontractor or ' material-men. 9-1.3 Payment. - The last subparagraph of Standard Specifications Section 9-3.1 shall ' be DELETED and the following substituted therefore: At the expiration of 35 days after acceptance of the Work by the City Council, or as prescribed by law, the amount deducted from the final estimate and retained by the City will be processed for payment to the Contractor, except for such amounts as are required by law to be withheld by FARRELL DRIVE SIDEWALK MEASUREMENT AND PAYMENT ' CITY PROJECT NO.06-16 SPECIAL PROVISIONS•SECTION 9 -PAGE 1 6/6l07 1 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 items listed below. 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 , month's operations. 2- Installing temporary construction power, wiring, and lighting facilities per ' Paragraph 7-8.5, "Temporary Light, Power, and Water" of the Standard Specifications and these Special Provisions. 3- Providing on-site sanitary facilities and potable water facilities, as specified per Paragraph 7-8.4, "Sanitation" of the Standard Specifications. ' 4. Obtaining and paying for all required bonds, insurance, and permits. 5. Posting all OSHA-required notices, and establishment of OSHA-approved safety programs. 6. Having the Contractor's superintendent at the job site full-time. ' FARRELL DRIVE SIDEWALK MEASUREMENT AND PAYMENT CITY PROJECT NO. 06.16 SPECIAL PROVISIONS - SECTION 9 - PAGE 2 ' 6/6/07 1 ' 7. Submitting of the required Construction Schedule, as specified in the Section 6- 1, "Construction Schedule and Commencement of Work" of the Standard Specifications- In addition to the requirements specified above, all submittals shall conform to the ' applicable requirements of Section 2-5.3, "Shop Drawings and Submittals" of the Standard Specifications. No payment for any of the listed Initial Mobilization Work items will be made until all of the listed items have been completed to the satisfaction of the Engineer. ' The aforementioned amount will be retained by the City as the agreed, estimated value of completing all of the mobilization items listed- Any such retention of money for failure to complete all such mobilization items as a lump-sum item shall be in addition to ' the retention of any payment pursuant to the provisions of Public Contract Code 22300. - END OF SECTION - 1 1 1 1 FARRELL DRIVE SIDEWALK MEASUREMENT AND PAYMENT ' CITY PROJECT 1110. 06-16 SPECIAL PROVISIONS- SECTION 9 • PAGE 3 6/6(07 1 1 SECTION 10 -- CONSTRUCTION DETAILS 10-1 GENERAL ' 10-1.1 RECORD DRAWINGS The Contractor shall keep a complete set of record drawings at the job site. The Construction Plans shall be legibly marked showing each actual item of record construction including: ' 1. 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. 10-1.2 LOCATION OF THE WORK ' The proposed work is located on the west side of Farrell Drive, between Andreas Road and Amado Road in Palm Springs. ' 10-2 TRAFFIC CONTROL 10-2.1 Maintaining Traffic. - Attention is directed to Section 7-10, "Public Convenience ' and Safety," of the Standard Specifications. 10-2.2 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. FARRELL DRIVE SIDEWALK CITY PROJECT NO 06-16 CONSTRUCTION DETAILS ' 6/12107 SPECIAL PROVISIONS- SECTION 10- PAGE 1 10-2.3 Construction Signing, Lighting, and Barricading -- Construction signing, ' lighting and barricading shall be provided 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 farce at the time ' of construction. These signs and barricades shall be indicated on and be an integral part of the Traffic Control Plan. 10-2.4 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 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. 10-2.5 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. 10-2.6 Traffic Disruptions. -- For lane closures and 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. ' 10-2.7 Travel Lanes. _ In public streets, during working hours, the Contractor shall maintain not less than one lane of traffic open in each direction at all times. 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 all 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. 10-2.8 Traffic Access and Control. - The Contractor shall provide and maintain all 1 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 FARRELL DRIVE SIDEWALK ' CITY PROJECT NO.06-16 CONSTRUCTION DETAILS 617107 SPECIAL PROVISIONS• SECTION 10-PAGE 2 ' replace any part of these requirements. Local access shall be maintained to all properties fronting the Work at all times. 10-2.9 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. 10-2.10 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. ' 10-2.11 Public Safety During Non-Working Hours. - Notwithstanding 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 attempting to contact the Contractor, may direct City forces to perform any functions he may deem necessary to ensure public 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. 10-2.12 Measurement and Payment - Measurement for payment for traffic control will be based upon the completion of all planning, design, engineering, furnishing, construction, 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 will be included in the lump sum Bid item for "Traffic Control", which price shall include full compensation for completion of all such work as required hereunder, and no additional compensation will be allowed therefore. ' 10-3 EARTHWORK ' 10-3.1 CLEARING AND GRUBBING. _ All clearing and grubbing shall conform to Sections 300-1.1, 300-1.2, and 300-1.3 of the Standard Specifications. Clearing and grubbing shall consist of removing all existing objectionable natural materials in the area of the proposed Work to the satisfaction of the Engineer. Said objectionable materials shall be hauled away and properly disposed of. Clearing and Grubbing shall also include, but not be limited to the-following: ' 1. Unclassified excavation or fill, including any necessary export or impart of materials 2. Removal of existing landscaping, including decorative lights, rocks, boulders, ' bricks, walls, concrete borders, gravel, shrubs, and plants (excluding trees). 3. Modification (or relocation) to irrigation improvements, including removal, relocation and capping of irrigation lines and sprinklers. FARRELL DRIVE SIDEWALK CITY PROJECT NO,06.16 CONSTRUCTION DETAILS ' 6/7/07 SPECIAL PROVISIONS-SECTION 10-PAGE 3 Special note: The plans identify most of the existing private landscaping and miscellaneous improvements within the work area at the time the plans were prepared. It is the Contractor's responsibility to adequately cover any costs associated with , clearing and grubbing, and all miscellaneous removals within the work area, whether or not an item is clearly shown on the plans. Clearing and grubbing shall include all removals necessary to construct the improvements shown on the plans. ' The Contractor shall be responsible for coordinating with the affected property owners prior to removal of existing landscaping improvements (including decorative lights), and , for appropriately adjusting, relocating, and capping private irrigation lines and sprinklers. The contractor shall also coordinate with the affected property owners prior to removal or trimming of existing trees within the right of way. All removals and modifications to ' existing landscaping and irrigation improvements shall be performed by the Contractor to the satisfaction of the Engineer. 10-3.1.1 Existing Facilities. - It shall be the Contractor's responsibility to protect all existing improvements not designated for removal. Should the Contractor anticipate ' removal of any sidewalk, 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. 10-3.1.2 'frees Within Project Limits , 10-3.1.2.1 General. - The Contractor shall exercise all necessary precautions so as not to damage any trees or shrubs to be protected in place (as identified on the plans) and , shall not trim or remove any trees unless such trees have been approved for trimming or removal by the City. All existing trees and shrubs which are damaged during construction shall be trimmed or replaced by the Contractor or a certified tree company under permit ' from the City and to the satisfaction of said property owner. 10-3.1.2.2 Replacement. - The Contractor shall immediately notify the property owner, , and the City, if any tree or shrub is damaged by its operations. If, in the opinion of the City the damage is such that replacement is necessary, the Contractor shall replace the tree at its own expense. The tree shall be of a like size and variety as the tree damaged, or, if of a smaller size, the Contractor shall pay to the owner of said tree a compensatory payment acceptable to the tree owner, subject to the approval of the City. The size of the trees shall be not less than 1-inch diameter or less than 6 feet in height. Fines will be assessed against the Contractor for trees removed without the City's prior written approval. The minimum amount of fine or restitution to the City will be the replacement of the tree removed, with one of equal or greater size and maturity and as approved by the , FARRELL DRIVE SIDEWALK CITY PROJECT NO.06-10 CONSTRUCTION DETAILS 6/7/07 SPECIAL PROVISIONS- SECTION 10- PAGE 4 , 1 property owner and the City. Larger fines may be assessed against the Contractor depending upon the circumstances and type of tree removed. 10-3.1.3 Rights of Way. - 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 structure, nor shall the Contractor enter upon the rights-of-way involved until notified by the Engineer that the City has secured authority therefore 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. ' 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 Payment. - Payment for Clearing and Grubbing shall be considered as included ' in the contract prices paid for the related items of work and shall constitute full compensation for removal and disposal of all resulting materials as required in the Standard Specifications, these Special Provisions and as directed by the Engineer, 10-3.2 REMOVALS ' 10-3.2.1 Disposal Site. - The Contractor shall specify the route and the disposal site of the material that is required to be removed and hauled away. The Contractor shall provide this information at the Pre-Construction Conference. ' The Contractor shall not stockpile any removals on any adjacent lots, with or without the property owners approval. No burning of shrubs or other removal material will be allowed. 10-3.2.2 Asphalt Concrete Driveways. - Remove sections of asphalt concrete pavement, as shown on the plans- Asphalt driveways shall be neatly sawed in straight lines either parallel to the edge of pavement or at right angles to the alignment of the road. The depressed curb at the existing driveways shall be protected in place. ' FARRELL DRIVE SIDEWALK CITY PROJECT NO.06-16 CONSTRUCTIQN DETAILS 617/07 SPECIAL PROVISIONS- SECTION 10- PAGE 5 1 10-3.2.3 Portland Cement Concrete Sidewalk or Driveway: Portland cement concrete shall be removed to neatly sawed edges, with saw cuts made to a minimum depth of one- half the thickness of said concrete. Concrete sidewalk or driveway to be removed shall be neatly sawed in straight lines, either parallel to the curb or at right angles to the alignment of the existing concrete flatwork. ' 10-3.2.4 Trees: Existing trees within the area of the Work specifically identified for removal on the plans shall be removed, including the portion of the tree above and below ground, and disposed of, as shown on the plans, and as directed by the Engineer. 10-3.2.5 Payment ' Payment for removal of asphalt concrete driveways shall be made at the unit price Bid per square foot for "Remove Existing A. C. Pavement", which price shall include full compensation for saw-cutting, removal, and disposal thereof, and no additional compensation will be allowed therefore. Payment for removal of Portland cement concrete shall be made at unit price Bid per square foot for "Remove Existing Portland Cement Concrete", which price shall include full compensation for saw-cutting, removal, and disposal thereof, and no additional compensation will be allowed therefore. Payment for removal and disposal of existing trees shall be made at the unit price Bid per tree for "Remove Existing Tree", and no additional compensation shall be allowed therefore. ' 10-3.3 UNCLASSIFIED EXCAVATION 10-3.3.1 Unclassified Excavation - Unclassified excavation shall consist of excavation of native material in excess of the proposed sidewalk and driveway sections, and any removals not specifically listed as removal items in the Bid Schedule. ' The Contractor will coordinate his work with the property owners. At those locations where there is gravel along the curb, and the property owner wishes to reuse it, the ' Contractor shall stockpile the gravel on the property, outside the work area, at a location approved by the property owner. If there are rocks in the work area, the Contractor shall relocate them next to the new sidewalk. ' Excavation shall be done in accordance with Section 300-2, "Unclassified Excavation" of the Standard Specifications. ' 10-3.3.2 Payment. - Payment for unclassified excavation shall be considered as included in the various bid items of work, and no additional compensation shall be allowed therefore. 1 FARRELL DRIVE SIDEWALK CITY PROJECT NO.06-16 CONSTRUCTION DETAILS 6/7/07 SPECIAL PROVISIONS, SECTION 10- PAGE 6 ' 1 I10-3.4 Unclassified Fill I 10-3.4.1 Unclassified Fill. - The Work shall conform to Section 300-4, "Unclassified Fill" of the Standard Specifications. However, the top 12 inches of subgrade and topsoil shall have a minimum relative compaction of 90 percent. 10-3.4.2 Payment. - Payment for all unclassified fill shall be considered as included in the various bid items of work, and no additional compensation shall be allowed therefore. 10-4 ASPHALT CONCRETE I 10-4.1 Asphalt Concrete Pavement. Asphalt concrete pavement shall be laid in one lift for 2" thickness, as required and indicated on the project drawing. The material shall I conform to type C2-AR4000 asphalt concrete pavement. Alternatively, upon approval by the Engineer, performance grade (PG) asphalt binder may be used in lieu of Type AR4000 asphalt binder. Asphalt binder meeting performance grade standards shall comply with Specification Grade PG64-10, in accordance with Section 92 of the 2006 Caltrans Standard Specifications. The asphalt concrete pavement construction shall conform to Section 203-6 "Asphalt Concrete" of the Standard Specifications. 10-4.2 Aggregate Sampling and Mix Design. Laboratory tests may be performed at I 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. 10-4.3 Tack Coat. Tack coat shall be a SS-1h emulsified asphalt and it shall be applied to all clean, existing asphalt areas prior to overlaying with new asphalt concrete. The cost of tack coat shall be included in the price for asphalt concrete, and no additional payment will be made therefore. 10-4.4 Asphalt Concrete Placement. Application of asphalt concrete shall conform to Section 302-5.5 "Distribution and Spreading" of the Standard Specifications. The asphalt concrete pavement shall be compacted to 95% of California Test 304. Because the paving areas are small the use of self-propelled mechanical spreading and finishing machine requirement is waived- The Contractor shall propose the method of spreading and compacting at the preconstruction meeting for the Engineer's approval. 10-4.5 Payment. Payment for 2" asphalt concrete pavement shall be made at the unit price Bid per square foot for "Construct 2" Asphalt Concrete Driveway", and no additional compensation shall be allowed therefore- No separate payment will be made for asphalt or aggregate used in the asphalt concrete, and all costs therefore shall be included in the price for asphalt concrete. FARRELL DRIVE SIDEWALK CITY PROJECT NO.06-16 CONSTRUCTION DETAILS ' 6112107 SPECIAL PROVISIONS- SECTION 10-PAGE 7 r Payment for asphalt concrete shall include full compensation for construction of asphalt r concrete including all material, labor, plant, equipment, furnishing all transportation, hauling, spreading, compacting, and protecting, complete in place, and tack coat, in r accordance with the standard specifications and these special provisions- 10-5 PORTLAND CEMENT CONCRETE r 10-5.1 Material. Portland Cement Concrete of the class and type shown on City Standard Drawings shall be used to construct new sidewalk, driveway approach, barrier curb, and access ramp. Where class and type are not specified in the standard drawings or plans, Portland Cement Concrete of type 560-C-3250 (6 Sack) shall be used for construction. r 10-5.2 Sidewalk. Sidewalk material shall be Portland cement concrete of type 560-C- 3250 (6 Sack). Construction of sidewalk shall conform to the City of Palm Springs Standard Drawing Number 210. The Construction Plan indicates where sidewalk is.to be installed. Application details and other specifications not explicitly stated or shown in either the Standard Drawing or the Construction Plan shall conform to Section 303-5 of r the Standard Specifications.. 10-5.3 Driveway Approaches. Construction of driveway approaches shall conform to r the Detail "B" shown on the Construction Plans. The details specified shall govern but, application details and other specifications not explicitly stated or shown on the r Construction Plans shall conform to Section 303-5 of the Standard Specifications. 10-5.4 Access Ramp. Construction of access ramp shall conform to the State of r California Department of Transportation (Caltrans), 2006 Standard Plan A88A, Curb Ramp Details, Case C. The details specified in this Standard Plan shall govern, but the Construction Plans shall be referred to for application location details. ADA standards r shall be referred to for other specifications not explicitly stated or shown on the Standard Plan. Also, construction material and application details shall conform to Section 303-5 of the Standard Specifications. ' 10-5.5 Barrier Curb. Construction of 0.5' and 1' high barrier curb at the locations shown on the drawings shall conform to the detail "A" shown on the Construction Plan No.2. The material shall be Portland cement concrete of type 560-C-3250 (6 Sack). ' 10-5.6 Adjust Existing Water Meters and Customer Control Valves. - The existing r P-C.C. retainer ring, if any, shall be removed and replaced after the water meter box frame and cover and customer control valve box frame and cover are adjusted to the new finished pavement grade per the Desert Water Agency's standard drawings and r specifications. 10-5.7 Vandalism. The Contractor shall be responsible for protecting all new Portland r cement concrete construction from vandalism. Any vandalism identified on new concrete construction shall be removed and replaced by the Contractor, as required and directed by the City Engineer. r FARRELL DRIVE SIDEWALK CITY PROJECT NO 06-16 CONSTRUCTION DETAILS 6112/07 SPECIAL PROVISIONS- SECTION 10- PAGE 8 r i 1 10-5.8 Payment. - Payment for construction of Portland Cement Concrete items will be 1 based on the unit prices bid for the items shown in the bid schedule, for P.C.C. items constructed complete in place as shown on the plans, as specified in the standard specifications and in these special provisions and as directed by the Engineer. 1 Payment for P.C.C. Sidewalk per C.P.S. Std. Dwg. 210 shall be made at the unit price Bid per square foot for "Construct 4" Portland Cement Concrete Sidewalk" and no additional 1 compensation will be allowed therefore. Payment for P.C-C. Driveway Approach per Detail "B" as shown on Construction Plan No. 1 2 shall be made at the unit price Bid per square foot for "Construct Portland Cement Concrete Driveway", and no additional compensation will be allowed therefore. 1 Payment for Access Ramp per Caltrans Standard Plan A88A, Case C, shall include horizontal saw-cut of existing curb for the curb ramp depression and shall be made at the unit price Bid per each ramp for "Construct Access Ramp", and no additional 1 compensation shall be allowed therefore. Payment for P.C.C. Barrier Curb shall be made at the unit price bid per linear foot for 1 "Construct 0.5' high P.C.C. Barrier Curb", and "Construct 1' high P.C.C. Barrier Curb", and no additional compensation will be allowed therefore. 1 Payment for adjusting existing water meters and customer control valves to the finish grade for new sidewalk shall be made at the unit price Bid per each for "Adjust Water 1 Meter to Grade", and no additional compensation will be allowed therefore. Payment for P.C.C. items shall include full compensation for construction of P.C.C. items 1 including all material, labor, plant, equipment, furnishing all transportation, hauling, spreading, finishing, and protecting, complete in place, in accordance with the standard specifications and these special provisions. 1 No separate payment will be made for grading, preparation of subgrade, furnishing, and setting of expansion joint material, disposal of excess materials, and all other appurtenant 1 items for which separate payment is not specifically provided in the bid. 10-6 - SIGNAGE 1 10-6.1 Sign Relocation. - The Contractor shall notify the Engineer 2 working days in advance of specific locations in which existing signs require removal and relocation due 1 to construction. The Contractor shall relocate existing signs, posts, and sleeves per the City's Standard Drawing Number 624, these Special Provisions and as directed by the Engineer. 1 10-6.2 Sign Post and Sleeve Installation. - Signs shall be relocated where shown on the Drawings and as directed by the Engineer. Signs shall be re-installed using new 1 telespar posts and anchor sleeves. Sign posts shall be 2-inches wide by 2-inches deep PARRELL DRIVE SIDEWALK CITY PROJECT NO 06-16 CONSTRUCTION DETAILS 1 ""/0' SPECIAL PROVISIONS-SECTION 10-PAGE 9 and of sufficient length to extend from the top of the sign to a minimum of 8 inches into the anchor sleeve, and shall provide a minimum of 7 feet of clearance between the finished grade elevation and the bottom of the lowest sign. The anchor sleeve shall 1 extend from 1 to 2 inches above finished grade and shall be 2-1/4 inches wide by 2-1/4 inches deep by 30 inches long. The sign post shall be attached to the anchor sleeve utilizing 2 "Unistrut", No. TL 3806, or equal, drive rivets at right angles to each other. The Contractor shall attach signs to all posts using the drive rivets specified herein_ 10-6.3 Payment. Payment for traffic sign relocation and shall be made at the unit ! price Bid per each sign for "Relocate Existing Sign", and no additional compensation shall be allowed therefore. - END OF SECTION - 1 1 1 ! 1 ! 1 1 1 1 PARRELL DRIVE SIDEWALK CITY PROJECT NO.06-16 CONSTRUCTION DETAILS 6112/117 SPECIAL PROVISIONS• SECTION 10-PAGE 10 1 CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING DEPARTMENT ' PART III -APPENDIX ' FARRELL DRIVE SIDEWALK CITY PROJECT NO. 06-16 City of Palm Springs Standard Drawings: ' - Std. Dwg. No. 200 - Curb and Gutter Std. Dwg. No. 210 - Sidewalk Widths ' - Std. Dwg. No. 624 - Sign Installation CALTRANS STANDARD PLAN: - Plan No. A88A— Curb Ramp Details, Case C. 1 ' FARRELL DRIVE SIDEWALK CITY PROJECT NO.06-16 CONTENTS ' 6/7/07 PART III 1 N0. REVISIONS APPROVED DATE 1 II+ I 1 I R:21/2" I 1/2 6• 24" PVMNT, I I/2" I/4 LIP (TYP,I L • A. C. PVMNT - •• - 1112 Al-6 Al-8 A2--6 A. C. PVMT, 6 z T �I /2 N Il/4" EIP ITYP.I J � �+ R-I• N '�ryf 1 N ON51(E ONLY ONSITE ONLY A2-8 Bl 132 1 2n- 3 3' SL DPE fI/2• SLOPE 6•• N L.R _.--__- .` FLOWLINE �_ 6'� 1 OF GUTTER 1/2' FIBER EXPANSION JOINT 6' CROSSGUTTER-SECONDARY THOROUGHFARE DI 1 Cl - END OF CURB 4 ¢ 4. lo- 2.. 1 SLOPE _ -1/2 SLOPE B I_ 0 B CROSSGVTTER-MAJOR THOROUGHFARE NOTES: D2 A- C. PVMT, 1 I TYPES A-HIGH DIKE, AI-6 AND AI-8 ARE BARRIER CURBS A-HIGH DIKE 2. TYPES A,B,C AND D ARE CONSTRUCTED OF PORTLAND CEMENI CONCRETE, 560-C-3250 16 -SACK) 3. TYPE A•HIGH DIKE IS CONSTRUCTED OF ASPHALTIC CONCRETE IE AR 8000) 1 4. TYPC B CURB AND GUTTERS ARE FOR ONSITE USE ONLY. 5. ALL EXPOSED CORNERS ON P.0 C CURBS AND GUTTERS SHALL BE ROUNDED WITH A 1/2" RADIUS. 6. A.C. PAVEMENT SHALL BE 1/4" ABOVE LIP OF GUTTER. T. EXPANSION AND WEAKENED PLANE JOINIS, SEE SECTION 303-5,4. SCORING 5 FEET MAXIMUM. 1 SPACING FOR I" DEEP WEAKENED PLANE JDINTS 10 FEET, CRY OF PALM SPRINGS APPROV DATE f F DEPAIRTMENT OF PUBLIC WORKS �' 2 931 CITY ENGINEER R.C.E 1 DRAWN BY: S.J.C. FILE NO, STANDARDS CURB AND GUTTER CHECKED BY E.R.F DWG, NO, 200 1 Z 0 �r7 ZONE C.S.D. - FACE OF CURB TO PROPERTY LINE ZONES R-2 THRU B. C. AND M - B' tsj rTj ZONE 9-1 - 5' M 70 AC. PAVEMENT 4' MIN. SIDEWALK SLOPE = 1/4" t' Z HILLSIDE STREETS 2 % O N u m d -0 - FOR FINISH SEE SECTION 4" P. C. CONC. SHALL BE A MINIMUM 3250 LB. � y 303-5.5 OF THE STD. SPECS. CONCRETE IN ACCORDANCE WITH THE STANDARD � CURB & GUTTER FOR PUBLIC WORK CONSTRUCTION SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION Z l~Li f Z SEE C.P.S. STD. DWG. 200 LATEST EDITION. LATEST EDITION (560-C-325D, 5 SACK). f0 � Z � NOTES 1. FOR EXPANSION AND WEAKENED PLANE JOINTS SEE SECTION 303-5.4.2 AND 303-5.4.3 OF THE o STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, LATEST EDITION. THE SPACING FOR 2 0 D m _ + m 7' DEEP WEAKENED PLANE JOINTS SHALL BE 10 FEET. SCORING SHALL BE DONE EVERY 5 FEET. ry � a { � .2 � n 2, ORNAMENTAL SIDEWALKS SHALL BE ALLOWED IF STRENGTH AND TEXTURE ARE EQUAL TO OR GREATER THAN THE PROVISIONS OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, LATEST j Z _ EDITION AND ARE APPROVED BY THE PLANNING COMMISSION, ' Z < = 3, PALM CANYON DRIVE FROM TRAMWAY TO EAST CITY LIMITS - SIDEWALK. FROM FACE OF CURB TO w PROPERTY LINE. z 4. 1NDIAN CANYON DRIVE FROM CAMINO PAROCELA TO MA,ESCUELA - SIDEWALK FROM FACE OF CURB TO PROPERTY LINE. TI ?I 5. STREETS IN EXCESS OF 5 % SLOPE, PATH SIDEWALKS, SHALL HAVE MIN. 6' X 6- LANDING AREAS z EVERY 400' WITH A MAXIMUM 2% SLOPE BEHIND THE SIDEWALK. o M " ti 6. A MINIMUM 48" CLEAR PATH OF TRAVEL SHALL BE PROVIDED AT ALL OBSTRUCTIONS. m 7. MODIFICATIONS BASED ON SITE-SPECIFIC CONOITIONS SHALL BE REVIEWED BY THE DEVELOPMENT 7D m a o o COMMITTEE. B. SEE ALSO BIKEWAY REQUIREMENTS. �. 9. FOR ZONING SEE THE OFFICIAL ZONING MAP OF THE CITY OF PALM SPRINGS. D 7- to ' NO. REVISIONS APPROVED DATE REGULAIORY WARNING OR GUIDE/ y\ SIGN .OaO GAUGE ALUM SIGN WITH HI-INTENSITY LETTERS / AND BACKGROUND COVERED \ WITH 3M IISO GRAFFIrl / PROOF OVERLAY / SIGNS SHALL 6E ATTACHED T° _\ / POST UTILIZING 1'WO UNISTRUT DRIVE RIVETS NO. TL 3506 U6' ;� c? N 90 2' X 2' X 12 GAUGE TELESPAR w 0 POST OF SUYGICIENT LENGTH TO w EXTEND FROM TOP of SIGN TO — 7" INTO SLEEVE AND STILL a PROVIDE 7 of CLEARANCE ' Y � G 7 7 $ U w 24" IF S/W LL 4 Y w v m 72- PLAN VIEW IF S/W L 5 _ EXIST. F.S. FACE OF CURD '4 ' SEE DETAIL \ BELOW o � 9O% FRONT ELEVATION SIGN[ D1= 2-I/4" x 2-I/9" x 30 112 GAU(;E) - 2-1/4' slcN TEI„FSPAR SLEEVE PER POLE 3-4" ABOVE THE EXISTING SURFACE. ° EXISTING GROUND o o POST INSTALLATION DETAIL SIDE ELEVATION CITY OF PALM SPRINGS APPROVED: DATE: DEPARTMENT OF TRANSPORTATION - 931 CITY ENGINEER R.C.E- DRAWN BY: R_B.J. FILE NO. STANDARDS ' SIGN INSTALLATION CHECKED BY; E'R P DWG. NO. 624 `Z— Iif f InC59 Cura fle l.ln°nry[1 etlf sl [ • wr[ rail spr is l a l 5�-r0' eeye of slCev°Ik Dice ltlemlk g° L [ • � Jsr Hln' t%OT .I� .e•• I H Ys 5Eeso lk L� s[r_p,lru ,, see 10 a e I a •.`KKy r 6 !n� u][ Vwk 9°se Dlo I �u°v aJ3]' I_ OY eIi.", •f av ar: amy-_,r•4 f[nl[I s: RAI S€N � 12 NOTES: �TAM,I mvi[y rcm!a,nvr.na•.7 xr[ - ma u]x aE tpx uax ` crcm rranl ec�• Sse t, k6 eHe crnebl°ns oiuol.,Case A MroLpn cue n re r curl I: eCSe C c.r llo led dale i Ps.myp D. O! of [.Feral% - aeE Id f c «n• •nslal1011ms 6�nnar M. LMrn �n Cafoll A n! ^F` slCwalk CASE C 10 unE II peloll 9.irp Ins° 1 [•" a'Ips useG fn pe}oi1 1 63 nel rues 0 be i a Ire sane.CLs1 A I.]c IA G carp ronpa lao n]y be Vie]01 n14 EI°Ck [<o1,id as bllp 2u TO i1iMf ei C}Ole. F IOOYCL'z ee Ya lee a1%[Lr, ! 2. 1} OlsIon. fron c" la Lock f elOseatk I6 1m Srcrf la V r k 10 and Il Si eoso lk 2% ccon...I. ramp eq 5'-N plo•Po-n p[Ming�oo aMrn In cue a CASE A CASE B1 2S 1 Slee.olM Ile sloe—,% E5 O_ crgllu]rn°11 ,9 c°s- r $ee rr°nl e6de�h 5°e `' VdsTl� 5MrOY be klNrn_d o9 n C^s[an 1�1 r9 y r .....3•°r C c p 1O%V°z ], °np Is lZcol.a of ret Lrn,ch = ol arp ccnirp.rcrlw.n xr be al^.1ar Ip IMI cmm rw•noroll S. N ay Ck a' 6 1 Crv,t n, .rs dN. ..Ilr°ns elc mle,Ire r la'n taro si ee ore me acres sid...I, s{ 2XI Sidesnik Td➢ 6 !� tlY°} ale• °f Irn C°se G eo sll°i[Ee ec n Iruc lea in r. .,, ] 0 See kwus 1 tto see �4!o Tsu ; a e[rmE np . s ponl,cn see - IG w9 11 a� Note T x'. �qe rolni ng 90 ,E 5. If Icco Poa 1 a u e 1M sires of trs rcs0 nse0 not Oe p°ro+le 1, udle Tl — .r 1ux uc. � "ou- fe s[m1n a ..^�1_ pal rra ,e lolmm aHcln dr me rmo snsa Ee W °1 ° _ O4e 6, [lee s:o r ronv rmns rc l ,.nl many rron o nox i.ru� r 1cz o G. 11irOk 10% Vpi a "' curl In nfofn i111 14nglt[plrgl d Ue.ulk W. OEjc[-nI In 1,.1 p m tutu a p. r me r°rp, —.pl I., Cos° C ua eoea r. a 4 _ seen wrom ifa r_u..u,n o.e nal.c to 1. line c,re rasp xnll pe °°Irre^.as .1n I'a'+its Z ^ :e�:or to ore'1 ara '� nd 11 bard v1m !�yrn]v25 oeproanglely Y.On ,,11 ,see p as llonrina 'To_ ems.of graa9:r.)eemrt. lox 0.. , tax uc9 rea CASE a or arE "__11! n1 are esloining CASE G s, Tr ..III—, fr nnpe a 11n3 1° eoLs,p°It.rA er alre,•d I cure learn see No: a rdp11 ee rlmn cmrrree ci[MLg1 mrges. See rb]les 10 aced oS Cr Iler k np T[b a! rpN 9, H][[n[m s1.1 Des or °E)°In lrq yeller',Ire ro]d ELrtIXe a enei.11y L —Hl nlLl 4 11 °.[if• 41n o0j°[en+ t t wrp r[rp . ere rosla line II n r in 'V [ II°IC 17-- _ F°un�e_ i 5 p.rcenl .[Inln e'4 or 1M 1°p °M E]Ilcn Of na CLrO rOnp. CASE f� CASE iyp _ e, T Yl1L�y '-'�� 10 [urE ro n.s [roll n e des, all .[ inq curft+e IrL e�? en r trs full [din wxd 3'-0"dip I of ne °np.M+[el oe+e Tarring 05 a1 knsrc p rased rltle d SECTION A-A ssrrisk sru11 cunlcm o rn. d.1oll:rOn Ines pI°9 and'rla pm.IEe 3'-a"sl oiym Cuff, nqulreaen re in 1n. <prciel Rr°w6lcns. 11.iM epe of Fns crec+e]I.xof Irq o,face r.+ar sl Irz el reel G°II[r FClaln fr] Nra .hO 1. Ce[r•sn 6 o'r] 6"fr°nn The gd11°f Ilmlrne. llCrl ins my N L� r i! n°u L 12.Si1—.1k cT4 a,P [h"'I".,'!',aM11 Le ]'/"nln,nun, a T- ar WRq�lO co 111 i1 1y Gu11 pn%e8,Ta',1,]I ss,Cc ul rd enE dll olner°[li11" fCcllil-S w r lnrn In.padnC[ri.,of Ire cufO roxp .'III 0. r c Ie4 cr D '' \ [GfVetlo Fe gfoC1 y 111. ii n r p•Iar Ip,w' n ccrji_n+i[n ri+r„ E.31Y.V°. ]%Hox carp rcep cans,_ ran. wffl 3--H°+e L SECTIDIi D-13 14.Fer re lrorl c rAiliona,nrp'•n1 axe replr_rnenl nr are oyo+ Siae.dlk y Depress shIlr° siCeralk p rw]trea *Ill pe P1 +:K ccne roclor's a]1 mn,Lmess prrerxL•e ii .h LL ' Proj.0 v1LmI [ qqF qe lar 1.6T 1° 235' top$,[9 rf pltYer °6i nrY cent of 6W=rn9 Si[enla t rloa lr. _I + n F w FTec eTe[r. p norm RAISED TRl1NCATEO DOM E� elCe scare prone[ n.,- s SECTION C-C PATTERN ![I1-LINE r a'aeralynl [aa L- npprokmdre lr Y' DETECTABLE crddEr]15 [r rEe lea kl"4} or o9r WARNING SURFACE I I'-n'urn .. -� see Nble Io Cresa.alk Ir orn.iaea pETAIL D se° Dod,dec I . . ' TYPICAL ONE-RAIIAR N]1e 11\ 1 GROOVING DETAIL DEv]aTurha ci T IISN?1/.l,Ce DETAIL A CORNER INSTALLATION see � CURB RAMP DETAILS TYPICAL TWO-RAMP CORNER INSTALLATION ;.'tale] + dra 3 110 re s RETROFIT DETAIL ITO SCALE see hale I Exidfing arc.1.Aid!...I, A9 8 A FARRELL DRIVE SIDEWALK -WEST SIDE FROM ANDREAS ROAD TO AMADO ROAD ENGINEER'S ESTIMATE ' G.F.F. 6/6/2007 1 Item Item Description Total Quanta Unit Unit Price Total Amount No.1 _Mobilization 1 — LS $3,600.00 $3,600.00 ~ 2 Traffic Control 1 LS $2,50600 $2,500.00 3 Construct 4" P.C.C. Sidewalk 3,210 SF $9.00 _ S28,890.00 4 Construct P.C.C. Driveway - 770 SF_ S10.00 $7,700,00 5 Construct2"KC. Drivaway 280 SF $6.00 $1,680.00 6 Construct Access Ramp _ 1 EA $3,000,00 53,000.00 7 Construct 0.5' P.C.C. Barrier Curb 116 LF $20.00 $2,320.00 8 Construct 1' P.C.C. Barrier Curb 54 _ LF S25.00 $1,350.00_ 9 Adjust Water Meter to Grade 8 EA S400.00 $3,200-00 10 Remove Existing Trees 5 EA $2,000.00 $10,000-00 11 Remove Existing A.C. Pavement 1,040 SF $3.50 S3,640.00 12 Remove Existing P.C.C. 30 SF $4,00 $120.00 13 Relocate Traffic Signs 3 EA 1 $250.00 $750.00 Total:1 $68,750.00 1 1