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05464 - ASTRO PAINTING CO INC PALM SPRINGS STADIUM REPAINTING CP 07-02
CITY OF PALM SPRINGS CAT.IFORNIA I: P.O.Box 2743,Palm Springs,California 92263,(760)323-8253 Department of Public Works and Engineering NOTICE OF ACTION �2 FOR: ■ PUBi.TC. AND/OR ❑ PRIVATE 1MPROVEMEN I1 s TO: ACCEPTANCE DATE: May 24,2007 Astro Painting Company,Inc. PROJECT: CP#07-02,Palm Springs Stadium 298 South Citrus Street Repaint Project / West Covina,CA 91791 AGREEMENT NO. 5464 V MINUTE ORDER NO. 6028 This is to inform you that a Notice of Completion has been filed and recorded on the above-namcd project. PUBLIC:IMPROVEMENTS PRIVATE 1MPROV EM14XI'S Striping/Markings L.S. Curbing-,_, L. ARHM Street Pavin_v _._ S,F. Street Paving S. Sidewalks S.F. Sidewalks S. ➢tiveway Approaches S-F. Driveway Approaches S- Bike Paths F.A. Bike Paths S. Sewer Mains L.F. Sewer Mains L. Sower Laterals L.F. Sewer Laterals L. Adjust Sewer Manholes EA. Sewer Manholes k?. Storm Drains E.A. Sloan Drains L. Survey Monuments EA. Survey Monuments E. Adust Water Valve EA. Painting of Stadium___. I..S. ............ Location: Palm Springs Stadium at Sunrlse Park, 1901 East Baristo Road,E91m iZlriinz CA 92262 C.P.S.Drawing No(s). Permit No. Conti actor(s)actually doing the work:,Astro PaintingCompany,lne. Notify your banding company/bank to release the following bonds: No. SU 502.2964 in the amount of $ ,7U0 PcrfbrmimceLb No. SU 502 296.4 i n the amount of $73 700,,,_ Payment O-d- 1 C' No. in the amount of $ Monuments No. in the amount o1 $ Maintenance Security No��.. in the amount of $ Correction&Repair Construction bond in the amount of $�„ for Engineer_Q13 ENGINEER Bond Co./Hank: Arch Insurance Compagy. Comments: FINAL.CONTRACT AMOUNT: $7. Submitted by: k9 Dated: G-S-07 Senior Public Norks inspector Approved by: „,„_ Dated: /G Director of P lic Works/City Engineer ui.,Hbminn:Original to Engineering CP File:Copies to:Addressee,CIIy C.'Ictk,NOA Binder,Stree Maintenunce Munagnr,Building,and Faci Index No. 1 DOC # 2007-0393484 06/15/2007 08:00A Fee:NC page I of 1 Recorded In Official Records County of Riverside Larry W. Ward Assessor, County Clerk & Recorder IIIIIIIIIIIIIIIIIIIII_IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3 R ll PAGE SIZE DA MISC LONG RFD COPY M A L 465 426 PCOR NCOR SMF 1C G EXAM Recording Requested By And When Recorded Return Tb: ` City of Palm Springs Attu:City Clerk C P.O.Box 2743,Palm Springs,CA 97263-2743 (SPACE ABOVE THIS LINY:FOR RECORDING USE) (EXEMPT FROM RECORONG FEE PFk GOV CODE C 6103) NOTICE OF COMPLETION NOTICE IS HEREBY given that: 1. The City of Palm Springs,California,is a municipal corporation,organized and incorporated pursuant to the laws of the Stare of California. 2. The City Clerk of the City of Palm Springs is authorized and directed to execute,on behalf of said City,any and all Notices of Completion. 3. The address of the City of Palm Springs is City Hall,3200 E.Tahquitz Canyon Way,Palm Springs,California(P.O.Box 2743,Palm Springs, CA 92263-2743). 4. The public work of improvement on the hereinafter refcmcd to real property within the city was COMPLETED on the 24th day of May, 2007. 5. The name of the contractor(if named)for such work of improvement was:Astro Painting Company,Incorporated,2988 South Citrus Street,West Covina,CA 97191. 6. The public work of improvement,which was completed 1n the City of Palm Springs,County of Riverside,Stare of California,is describ7ed as follows:Palm Springs Stadium Repaint Project. 7. Nature of Interest: Fee Owner 8. The property address orlocation of said propertyis:Palm Springs Stadium atSunrisePark,1901 East Baristo,Palm Springs,CA 92262. 9. City Project No.07-02,Agreement Number:5464, inure rder No bur: 6028 / CITY OF PALM SPRINGS: REVIEWED BY: t DATED: Senior Public Works Inspector Michael K.Lytar BY: DATED: Director of Public Works/City Engineer David J. Baraktan JAMES THOMPSON,being duly sworn, says: That he is the City Clerk of the aforesaid City of Palm Springs,California,the corporation that executed the foregoing notice; that he makes this verification on behalf of said corporation; that he has read the foregoing Notice of Completion,and knows the contents thereof,and that the facts stated therein are true; that as said City Clerk,he makes this vvee - anon on behalf of said municipal corporation. City Clerk-James Thompson Index No. 0607 r •a• CITY OF PALM SPRINGS RhUtivED CONTRACT CHANGE ORDER To: Astro Painting Date: May "t'40R ering Div;':— 2955 S.Citrus St. Project No.: 07-02 West Covina, CA Project: Stadium Re�Painting Change Order No.: ones W) Contract Purchase No-: 716271 Account Number: 2494.5153j Minute Order No.: 6028 Agreement No.: 5464 CHANGES IN WORK/COST A. Paint Exterior Fence and Statue Base Lump Sum/Agreed Price S4,500.00 Total- Change Order Increase Amount $4,500.00 REASONS FOR CHANGES: As awarded, the stadium re-painting project did not include painting of the exterior wrought iron fence. This change order represents a lump sum/agreed price for the painting ofthe fence utilizing oil based paints in a color consistent with the new stadium colors- In addition to the fence, the above price includes the painting of the base of the baseball sculpture at the stadium entrance. Note: No additional mark ups will be added to any item on this Change Order. All costs are final_ D. SOURCE OF FUNDS The following account will be utilized: 2494-5 1 53 1 Stadium Repainting I �1tiPv~mi5',9a� rI� Summary of Costs Contract Time Original Contract Amount: $73,700.00 Original Completion Date: May 29,2007 This Change Order: $4,500,00 Days Added for this C.C.O.: --0— Previous Change Order(s): $0 Previous Days Added_ --0-- Revised Contract Amount: $78,200.00 Revised Completion Date: May 29,2007 I have received a copy G this Change ge p Order and the above AGREED PRICES are acceptable to the contractor. Submitted li Date .J- ZT-0 7 c Workslnspeccor t By Approved y Date lP p Co tractor:Astro P nting Parks Deparnuent q �7 Date -A Q ( Approved by 'c%✓v�� Da[c / ��7 City Engineer F / -- Approved b '14 y Dare '3u.0 M lager Attes a Date �(d 26 zoal- - City Clerk ' -- Distribution: U = Original Executed Co ies Conformed-File Gn w Contractor Engineering File (1) g g (1) City Clerk (1) Senior Public Works Inspector (1) Finance (1) APPROVED BY CITY COUNCIL APPROVED BY CITY MANAGER . MLn71� D� LCJ.O '9y7=A+�a�al� 2 - AGREEMENT ---- • THIS AGREEMENT-madeihis-day of-----f�QQ"y�A ----irt- year 2007,6y-end-hetwecn the City oTYalm Springs, a Charter City, organized and existing In the County of Riverside, under and by virtue of the laws of the State of California,hereinafter designated as the City,and ASTRO PAINTING CO. INC. hereinafter designated as the CONTRACTOR. The City,and the Contractor,in consideration of the mutual covenants hereinafter set forth,agree as follows: ARTICLE f -THE WORK The Contractor shall complete the Warn as specified or indicated under the Bid Schedules) of the City's Contract Documents entitled: PALM SjMWgg STADIUM 13 PAINTING CITY PROJECT NO.07-02 i The Work is generally described as follows: The Work comprises the preparation and painting of palm Springs Stadium, including outside and inside of buildings, seating areas, underside of seating areas, flooring, walkways, stairs, handrails, chain link fences, dugouts and walkways/tunnels, press box, metal poles and platforms, tall stadium light poles, perimeter outfield wall and all appurtenant work- ARTICLE 2-COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City and the Work shall be fully completed within the time specified in the Notice to Proceed- The City and the Contractor recognize that time is of the essence of this Agreement and that the City will suffer financial lass if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. 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. • r ARTICLE 3-CONTRACT PRICE ($73,700) The City shall pay the Contractor for the completion of the Work in accordance with the Contract Documents in current funds the Contract Price(s) named in the Contractor's Bid and Bid Schedule(s). ARTICLE 4-THE CONTRACT DOCUMENTS • The Contract Documents consist of: Notice Inviting Bids, Instructions to Bidders, the accepted Bid and Bid Schedule, the Schedule of Values, List of Subcontractors, Nan-Collusion Affidavit, Bidder's General Information, Bid Security ar Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Notice of Award, Notice to Proceed, Notice of Completion, General Conditions of the Contract, Supplementary General Conditions of the Contract,Technical Specifications, Drawings listed in The Schedule of Drawings in the Supplementary General Conditions or on the Cover Sheet of the Drawings, �. Addenda numbers 1 to 1 ,inclusive, and all Change Orders, and Work Change Directives which may be delivered f or issued after the Effective Date of the Agreement and are not attached hereto_ r ARTICLE 5-PAYMENT PROCEDURES n The Contractor shall submit Applications For Payment in accordance with Article 14 of the General Conditions and the PALM SPRINGS STADIUM REPAINTING AGREEMENT FORM CITY PROJECT NO-07-02 AGREEMENT&BONDS-PAGE f ' 3/0/2007 E i. Supplementary General Conditions. Applications for Payment will be processed by the Engineer or the City as provided in the General Conditions. E'• ARTICLES-NOTICES i? Whenever any provision of the Contract Documents requires the giving of written notice,it shall be deemed to have been validly t' given if delivered in person to the individual or tv 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. F+ f� tr ARTICLE 7-MISCELLANEOUS r Terms used in this Agreement which are defined in Article T of the General Conditions and Supplementary General Conditions i will have the meanings indicated in said General Conditions and Supplementary General Conditions. No assignment by a party _ hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents-The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents. _ IN WITNESS WHEREOF,the City and the Contractor have caused this Agreement to be executed the day and year first above written. f: 6c - ATTEST: CITY OF PALM SPRINGS,CALIFORNIA APPROVED BY THE CITY COUNCIL: By Minute Order No. Date _ - City Clerk _ Agreement No APPROVED FORM: �r By / ty Atto Ay APPROVED BY CITY COUNCIL Date 1 41 z�s? 0�jl)4101 n40600W CONTENTS APPROVED-. By C! J Lf City Engineer _ Date V 07�1�r L B-- � � -�By •11 C- Manager Date l• 3. S P_ i" PALM SPRINGS STADIUM REPAINTING AGREEMENT FORM CITY PROJECT NO-07-02 AGREEMENT&BONDS-PAGE 2 '' 3/9/2007 L i 1 J - CONTRACTOR: eck one: Individual Partnership Corporation kr s.repuice_tWo�otarizedsig=ures One-fro -eaeh-of the following:-A.-jChairman-0f4�oard, Pxasident,.or�ny-/ice SgeretarYTAMslsta cretary7Trussueer,Assigt9arTfeasurer,cr-Chief Fnanci7-Offrc�r-" f;y SIGNATURE NOTARIZED- SIGNATURE NOTARIZED r ^� Name: )1P/rt Ai)0 F, Title: P'✓iS Df—CW6 Title: +tit G ff Address: ) - Gra-us z Address: A's, —f+• �9' C© aigoo 6C! Ga5V A'•P 6'& State a4 State of CP County of w 4 County of d . . a ©' yv�i�od1 .C37� ? before me d..7 �P' On before me ('3 / 1 i On�^ persgq$IlyGap eared=7= S"C. PersanallyMp-rgd l SS personally known to me for proved to me an personally known to me (or proved to me on the basis of satisfactory evidence)to be the the basis of satisfactory evidence)to be the persOnfsJ,whose name(g) is/a ubscribed persortf%Lwhose names}is/aCe subscribed to the within instrument and acknowledged to the within instrument and acknowledged to me thatAeishe/tftey executed the same in to me that he/sheAhey executed the same in RIsMedtheir authorized capaoityjk4, and his/hsdthai"uthonzed capaeitylms) and that by Rls/hegtheir signaturetcl on the that by his/heckhelr signature1z"n the • instrument the person(s)r or the entity upon instrument the person(y"r the entity upon behalf of which the person(!s"cted, behalf of which the person(,jaeted executed the instrument. executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature Notary Signature aV Nota Seal: Notary Seal! s ,«w.ttxnvw+w.+�a� MICHAELROSEN �•_• MICHAELkok 'i 1.- COMM.#1413658 COMM.#1413658 E "''r' NOTARY Puauc-c u IFORmAg z ax ? x NOTARYPUBLIC—CALIFORMAK+ f� LOBANC3ElESCOUNiY •,. L.OSANGEM COUMLY My Comm Explm May 23,2007 My Comm.ExPm May 23,2007 I , i PALM SPRINGS STADIUM REPAINTING AGREEMENT FORM CITY PROJECT NO,07-02 AGREEMENT&SONDS-PAGE 3 3/9/2007 I PERFORMANCE BONA Pond No_ SCl 502 2964 Premium: $1 ,474.00 KNOW ALL MEN BY THESE PRESENTS, Thai ASTRO PASNTING CO, INC. as Contractor And Arch Insurance Company as Suroty. are held firmly bound unto the City of Palm Springs, a charter city, organized and axistx,g in The County of Riverside,California,hereinafter called The 'City.'in the sum of Seventy three thousand seven hundred dollars dollars, for The paymont of which sum well and truly to be made, wu bind ourselves, car heirs, oxecutars, administratofs,successors,and assigns,jointly and severally,firmly by these presents. WKERP.AS said Contractor has been awarded and is about to enter into the ennextid Agreement with said Cory To perform the Work as specified or Indicated in the Contract Documents entitled: CALMS fPR NGS UADIUM REPAINTING CITv PROJECT NO.07-0x NOW THEREFORE.if Said Contractor shall perform all thn repUieemants of said CentracT Documents rc rulred to be performed on its part,of the times and In 1116 Mannar specified heroln, then this obligation shall be null and void,otherwise it shall remain in full force and effect. PROVIDED, that any altcrozions in the Work to be done or the maienals 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 of Sala Surety Thereunder, nor shall any extensions of time granted under Cho provisions of Said Contract Dacveri release either said Contractor or said Surety, and notice Of such alterations or extemins of The Agreement is hereby waived by said Surety. SIGNED AND SEALED, thic 1 Nth day of Al=il 2007, CONTRACTOR: SORETy' Astro Painting Company, Inc— slrsla Z JS]I,1 nce. COmpan� (Chuck one: Individual, partnership, carp9ration) By G i��rfJ ,� y V l7l ti i _ zgneare Linda D. Coats (NOTARIZED) Attorney in Fact 4^4 12�'.T,,Alf /�a;5)c- Title Prim Name and FqW t (SEAL AND NOTARIAL ACKNOWLEDGMENT lvolEi� OF SORETy) By I ` s,rana.ure NOTARIZED) ,p Print Name.und Title. (Corporations reauell two siygaturot; one from each of die foilowma pmvpe:A.Chairman o1 Board,fYesident,or any Vic. P,csideeei; AND 6. Seeramr, A,C,iISAT Secreenry, Treasureq A=S,-WnT Treasuror, or Ct,ief Financlal Officer). PALM SPRINGS STADIUM REPAINTING PERFORMANCE BOND CITY PROJECT NO.07.02 AGREEMENT AND BONDS-PAGE 5 3/9/2007 CALIFORNIA ALL-PURPOSE, ACKNOWLEDGMENT - n- ".F;m. rm; w�,F:M,E`ez�— . .�>,�` c--.zK-kZ-- .mac .,•� �vr I State of Califo I County of 1 �U �� 1 ss. On 60 ) before me, t osle (�/� Name and Wile of O wr Js Cea Notch?✓P�bll'') personally appeared l • �t� L.�y t Na c(r)nY Sl9ner(e) /Ekersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iWare subscribed to the within instrument and acknowledged to me that hefehe/they executed the same in ffm*Teim6their authorized �, capacity(ies), and that by his4rer-/their MICHAEL ROSEN signature(s) on the instrument the person(s), or COMM.*1413658 the entity upon behalf of which the person(s) Z'��'jo- ' NO7ARypuBUC—CAUFOVJ"9. acted, executed the instrument. i, LOSANGF!ac COUNTY ty comm.lxplres may zs X07� V)<iT�SS my ha anj ofr al seal. I Place Notary Seal Above Signature of Notary Public I OPTIONAL I i Though the information below Is not required by law, it may prove valuable to persons relying on the document i and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: I Document Date: Number of Pages: I i t Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: - ❑ Individual t, Tap of thumb here � t ❑ Corporate Officer—Title(s) ❑ Partner—[I Limited © General ❑ Attorney in Fact I' ❑ Trustees ❑ Guardian or Conservator ❑ Other:, I Signer Is Representing: l 01997 NSLonal Notary Association•9350 Co Soto Ave PA Box 2402•Chatsworth CA 91313-2402 Prod No 5907 Reorder Coll Toll-Free 1-800-876-6827 ACKNOWLEDGMENT State of California County of Orange On ARR 1 0 7007 before me, Christine M.Rapp,Notary Public (here insert name and tifie of the officer) personally appeared Linda D. Coats personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. *sni0' CH IR STINE�M~,R p- WITNESS my hand and official seal. "' ` COMM,# 1494518 e� = s ^ NOTARY PUSLIC.CALIFORNIA �`t` ORANGC COUNTY °:er. `^ 'My Comm Expjrw JULY 9. 2009 Signature (Seal) POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri(hereinafter referred to as the"Company')does hereby appoint Linda D. Coats and Douglas A. Rapp of Laguna Niguel, CA (EACH) its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall.be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri_ This Power of Attorney is executed by alrthority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED,That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.` This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous,consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or band executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. I In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 11th day of July , 20 03 Arch Insurance Company Attested and Certified �yanc�C �.s o ME RATE `O Y SEA vn Yluourl p Joseph S. 1-60fl, Corporate Secretary Thomas P.Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P_ Luckstone and Joseph S. Label[personally known to me to be the some persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. MEUSU B.GIUJW, opryPu6ric .p omnrs m ofconnedw Melissa B. Gilligan MyC ,Notary Public F �' ' My commission expires 2-28-05 CERTIFICATION I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated July 11. 2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and Is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P. Luckstone,who executed the Power of Attorney as Vice President,was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company, IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this day of---APR �R� U (p_20__ r Joseph S ell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Vyatic�Co by � mw'utE �O sur � NlaRod 'C Home Office: Kansas City, MO OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. I PAYMENT BOND Bond No. SU 502 2964 Premium: Included KNOW ALL MEN BY THESE PRESENTS, That ASTRO PAINTING CO, INC, as Contractor And _ Arch InSLltr7tice Cm iDany as Surety, are held firmly bound undo the City of Palm Springs, a charter city,organized and exisfirg in the County of Rivasido, State of California,tterakrafter cadad the"Cky,'in the sum of: SRVEHTY THREE THOUSAND SEVEN HUNDRED -------------------------------- dollera, far the payment of which am "a and tally to ho made, we bind ourtelVes, our heirs,exacutora, odnieeistrators, successors, and assigns.jointly and aoverally,timely by these praanrdn. WNHWAS, amid Contractor has barn awarded and is about to outer into the annexed 4gremwrrt with sold City to perform the Work as specified or indicated in the Contract Documents enrided: PAIN SPRINGS_5TADIUM REPAMM O CITY PROJECT NO.07.02 NOW'0113REF0RE, if said Contractor, Its subcontractors, its heirs, executors, administrators, nuccaesgn,or assign a shall fail to pay for any materials, provisions, provardw, equipmont, or other supplies uaad in, upon, for, or mbott the peform mica of the Work contracted to lie done, or for rry work or labor thereon of any kind, or for amounts duo under the Uromioloymant Insurance Code, or for any amounts required to be deducted, withhold, and paid Ouse to the Employment Development Department from the wages of emplayees of the Contractor and its aubcontractora ptrauam to weapon 13020 of the Unemployment Insuranco Code with respect to much labor, all as required by the provisions, of Tale 7N, Chapter 7, Sections 3247-,1252, inclusive,of aid Civil Code of the State of California and acts emencimory ifeereof,are Sonions of Other Codes of the State of California referrad to Tflamin and acts amendatory theraot, and provkled That tits peruse, compaNm, or corporations so furnishing amid materials, provisions, equipmont, or otter supplies, bPallencw,or power armed in, upon,for, or about performance of the Work contracted to ba executed or performed, or any perms, cornpany, or corporation renorg or hiring hmplemants or machinery or power for,or contributing to,said work to be done,or any person who performs work or labor Won the same, or any Pomon who supplies both work and materials therefor, shall have complied with the provisions of said laws, then said surety will pay fhO same in an amount not cxceeding the sum heminbefore set forth, and also will pay.in case suit is brought upon this bond,a reasonable ettorney's foe ns shall be fixed by thn Court- This Rand shall aura to the Iwrwfh of any and all Persians named in Section 3187 of the Civil Code of the State of California no as to give a right of action To them or Then na6grun in any suit brought upon this bond. PROWIM, that any aitoretions in the Work to ba dono or the materials to be furnished, or charges ges rn tiro Timm of completion, wfuch may be made pumuant to the terms of said Contract Documents, shall not n any way reesse said Contractor or said Surety thereunder, nor she#any extensions of time granted under the provisions Of said Contract Documents release aither said Contractor or said Surety,and notice of said alterations or extensions of tho Agreement is hereby waived by said Surety. SIGNED AND SEALED,this I Oth day of Aorll .2007. PALM SPRINGS STADIUM REPAINTING PAYMENT HOND CITY PROJECT NO.07-02 AGREEMENT AND BONDS-PAGE 6 3/9/2007 CONTRACTOR: Astro Painting Company, Inc. (Che(pc(J�Ik one:r�In llWid d, P&Vw nth p, X m(poradon) BY (NOTAWEO) Prim Noma and Tith: BY (NOTARIZED? Print.Name end Tide: (COWBI10 a raqu"LY.o sipruluea; em(yarn each of rM f fl w,, gn ,, A. CraYrraan pr ford. Prawdwm,a any Yic. Pmidant ANO E- Smmrwy,Amlx w Secreury-TnWwmr,AtW ,Tm ww,ar c .r Fnil 4 of(K ), SURM" Arch InSurance Company 1 `I Title Linda D. Coats Attorne in Pact (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) PALM SPRINGS STADIUM REPAINTING PAYMENT BOND CITY PROJECT NO.07.02 AGREEMENT AND BONDS-PAGE 7 3/912007 i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I _ 1 State of California I I County of �1 ✓� L } ss. P I I 2 � On R i'l � J �befare me M P I, Date l -77 Nn c and PI a of Officer(e.g. ocary Pu `` personally appeared ~L Lr S� ( I � L Neme s)of Slgner(s) Impersonally known to me ❑ braved to me on the basis of satisfactory evidence I to be the person(s) whose name(s) Kare subscribed to the within instrument and acknowledged to me that "R a_ /they executed the same in his heir authorized capacity(ies), and that by h`i,-Y /their signature(s) on the instrument the person(s), or MICHAELROSEN the entity upon behalf of which the person(s) acted, executed the instrument. . COMM.At1413M WTARYPl1eLI0_CALJF0 wX 'I �ANOELOCOUM I-T�SS my haMand of 1 ial seal.ley Comm ExpinsMy23.2DOT � I 1 Place Nolery Seol Abovn Signalurr of Notary Pu6110 I I I OPTIONAL l Though the information below is not required by law it may prove valuable to persons relying on the document 1 I and could prevent fraudulent removal and reattachment or this form to another document. I' I Description of Attached Document Title or Type of Document: 'I I' Document Date: Number of Pages: I I I Signer(s) Other Than Named Above: I I I Capacity(ies) Claimed by Signer Signer's Name: ❑ individual I I ElCorporate Officer—7itle(s): Top of thumb here I L'J Partner--❑ Limited 0 General ❑ Attorney in Fact 1 ❑ TrusteeI ❑ Guardian or Conservator I, ❑ Other: I I Signer Is Representing: l I -I 1997 Nsheml Nctory Auoclatlon•0380 be Solo Avo PO Box 2402•ChaL•wurth CA 91313-2402 Prod.No 5007 Reorder Cell Toll-Free 1-500-676-6327 ACKNOWLEDGMENT State of California County of Orange On_APR 10 2007 before me, Christine M.Rapp,Notary Public (here insert name and tifie of the officer) personally appeared Linda D. Coats personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Fr,` CHRISTINE M,RAPP WITNESS my hand and official seal. �" _ COMM,#1494518 X NCTARYPUBUC-CALIFCRNIA Co NGL COUNTY My Signature l_�✓]rhl, fl�tiQ_i/ / r/ `c�i �� (Seal) POWER OF ATTORNEY Know All Men 13y These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint Linda D. Coats and Douglas A. Rapp of Laguna Niguel, CA (EACH) its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: ND AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect "VOTED,That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizance$, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous.consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOMLOO13 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 11th day of July , 20 03 Arch Insurance Company Attested and Certified glance c o G COMMT[ 3b m Nlssrurl p d Joseph S. t.4bdl, Corporate Secretary Thomas P. Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B. Gilligan, a Notary Public, do hereby certify that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. OFFMALSEk 7MX MrA •GN LIf',� .NoLly Public i 7� 1fY1.J �y V 50tC0non Melissa B. Gilligan, Nota Public mm scion Fries Febvuary 28,2005 g ry My commission expires 2-2$-05 CERTIFICATION I, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated July 11,2003 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Thomas P.Luckstone,who executed the Power of Attorney as Vice President,was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this day of---APR 1 0 7007—.20_ Joseph S ell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. u sui n un Ylsnrd Home Office:Kansas City, MO 00ML0013 00 03 03 Page 2 of 2 Printed in U,S.A. BID BID TO: CITY OF PALM SPRINGS, CALIFORNIA The undersigned Bidder proposes and agrees, if this Bid is accepted,to enter into 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: PALM SPRINGS STADIUM REPAINTINe CITY PROJECT NO.07-02 Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and Instructions to Bidders,dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids unless otherwise required by law- Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates,Payment Bond,Performance Bond,and 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 Q� Date 8 , 30 07 Number Date Number Date Number Data 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 current statutory requirements of California Labor Code Section 1860, at seq-, the undersigned confirm 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 faregoing, and including all Bid Sebedule(s), List of Subcontractors, Non-collusion Affidavit, Purchase Order for Assigned Contract, 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 Rid Price(s) named in the afore-mentioned Bidding Schedule(s). Dated: Bidder: '`-^' -/ By: t=-- (Signature) Title: S4 Y'7d'q PALM SPRINGS STADIUM REPAINTING BID FORM CITY PROJECT N0. 07.02 PAGE 1 3/9/2007 ju cUU l rN z 4c M viliUr rhL 5 ,1i Ua rAX W. tD222'i361J i , OM9 DID SCHEDULE A Lump Sum Prices for the Construmion of the: I PALM SPRINGS STADIUMS REPAINTING CITY PROJECT NO. 07-02 in Palm springs, California Item No. Description � Lumpy Tutu Amount 1 Prepare and paint seating areas, including aggregata non-skid coa-ing of q deck and stairs S �� 2, Deleted 3 Prepare and paint all exposed ar conditioning ducts on the roaf and meral parapet around the air conditioning equipment 4. Prepare and paint chain link at top and sides of stands 6 Prepare and paint chain link at base of stands and at dugouts, including 40 Prepare and paint dugouts (I-st and 3-rd base); floor, .stabs, benches S �J� 7• Prepare aria paint press box {interior & exterior} $ � 00 B. Prepare and paint tronr of stadium, main entrance decking area (aggregate 0, non-Skid manng), and ticket booth (interior &extener) Prepare and paint manager's office (interior & exterior) I—) Prepare and paint locker rooms,showers, baths, storage rooms, hallways . —� 11. Prepare and paint six restrdoms (interior & ertenol7 S 'P©C'� 12, Prepare and paint two snack bars and souvcnlr booth (exterior only) s 13• Prepare and paint four tall stadium light poles and two outfield foul line posts tq, Prepare and paint perimeter outfield wall/plywood pcneis S - [7® Oo TOTAL OF ALL ITEMS OF THE BID SCHEDULE A: � v 7L f] IPnw In fipom�� The City reserves the right after award to delete any lump sum bid item In its entirety, and receive full credit in the amount shown in the Biel Schedule for the deleted item of work. 't, P�r�I d 1(�� c•r^ �/� L� Name c4!?idder or FirM PALM SPS NISS$7AOILIM REPAINTING Blp$CHEPLILE A CITY PRGJECT NO.07.02 810 FORMS-PAGE 2A 3I2S)2CC7 MAR-30^200( hh] t?:42 PM CITY Of PALM SPHINGS ^Au NO, 7803229300 P. 04,109 ALTERNATI'VF EID SCHEDULE. 13 pump Surn Prices for the Construction of the: PALM SPRINGS STADIUM REPAINTING CITY PROJECT NO. 07-02 in Palm Springs, California ISBm No. De4cript➢en l t9Y p SStitm Amount 1 Prepare and paint seating areas, including aggregate, non-skid coating of r deok and stairs, $ J toe O 2. 3 Prepare and paint all exposed air conditioning ducts on she roof and metal b perapet around the air oondktioning equipment A• Prepare and paint chain link at top and sides df stands 5 Prepare and paint chain link at base of stands and at dugouts, ihaludirlg poles. $ -3tn�( © r70 Prepare and paint dugouts 0-st and 3-rd base); boor, stairs benches $ _ 7• Prepare and paint press box (exterior only) s 'n©0 pD g Prepare and paint front of stadium, main entrance decking area (aggregate 0 non-skid coating), and ticker booth (exterior drily) ©Q g, Prspaee and paint manager's office (amarior only) 10. E Painted 11. Prepare and paint six restrooms [exterior oniy4 _ $ 2Gn Q 12. Preparo and paint two snack bars and souvenir booth (exterior only) la. Prepare and pains four tall stadium light poles and two outfield foul line posts a IA. Preparo and paint perimeter outfield wall/plywcod panei5 TOTAL OF ALL ITEMS OF THE! ALTERNATIVE BID SCHEPULF Z. ©f0 Ir'ncr In Ilgur¢sl The City reserves the right after award to delete any lurrlp svm bid item in its entirety, and receive full credit in the amount shown in the Sid Schedule for the deleted item of Work. Norma of Bidaer or Fain PALM SPRINGS Sf,4fylllM RLPAIIrTING AL-ERNATIVE Lila SCHESSLILF 5 CITY PROJECT NO.07.W 81G POhMS• [AGE 2S 3r29/2007 INFORMATION REQUIRED OF BIDDER ' LIST OF SUBCONTRACTORS As required under Section 4100, et seq., of the Public Contract Code, the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, or $10,000.00, whichever is greater, and shall also list the portion of the Work which will be done by such subcontractor- After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. Contractor's Percent License of Total Work to be Performed Number Contract Subcontractor's Name & Address Su3 2. - 3. 4, 5. 6. 7. S. I 5 PALM SPRINGS STADIUM REPAINTING LIST OF SUBCONTRACTORS CITY PROJECT NO, 07-02 BID FORMS-PAGE 3 3/9/2007 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) 1 ss. County of ) T, �/ (0 ,7J 1� d , being first duly sworn, deposps and says L•hat he or she is C ikE f �3 of �&L f2J 1� / °?f,J7J� C(9. 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. Bidder By Title Organization /PC v`J { v Address 1,2 �` • � �U , foLi ; /va Cf? 0117q/ PALM SPRINGS STADIUM REPAINTING NON-COLLUSION AFFIDAVIT CITY PROJECT N0,07.02 610 FORMS-PAGE 4 3/9/2007 BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: / � 2. CONTRACTOR'S Telephone Number: (64-6 ) 9O /� If Q Facsimile Number: 2 G j 33 2 4,,,Q 3 3. CONTRACTOR'S License: Primary Classification ID J State License Number(s) � 14 Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety 4-1 Address Surety Company 1� r G ����C� co Telephone Numbers: Agent (Qf q ) 4,-.SS7 Surety I ) 5. Type of Firm (Individual, Partnership or Corporation): C �� �9'9-7- ` 19V 6. Corporation organized under the laws of the State ot: f 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: fY1�-fJrv° ��i� ��crz�;r9-,rya PALM SPRINGS STADIUM REPAINTING BIDDER'S GENERAL INFORMATION CITY PROJECT NO.07-02 BID FORMS- PAGE 6 3/9/2007 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: Cfl�1-90� u'al7F/�J a. Owner S C✓4 0 0-L- Z l S rr Address CL A✓ 1}6V J C e? Contact ff//C_ r J CIrS Class of Work 4?'-1 L)J7� VU6' Phone 9G q `� 7 ' Contract Amount'> /4 fi 0®0 Project gn�)- 01,10r�i C ,''4 ua H✓c's Date Completed 9 d�QJ� Contact Person ?�. -J DcGC'( E4 Telephone number ?() 9 9OI 7g;13 b. Ownerw J _e,1_ ZV �Contacl, Ha— Class of Work /P"a, Phone 317 6 . 00 3yn7 Contract Amount Project 3 Y(-FCD.LS Date Completed OCR ' OU_ Contact Person-1�//JL�'f�_ Telephone number 1 r 3�7 Ou 6-AT' �7YO) C. Owner C D&:�$e �Jr 04�_r Address ©4.r4[y 6c c g Contacl z22� Class of Work !D tc cV Phone 7/9 J G7 77p? Contract Amount " p/ 000 � Project/ram- G fJ % Date Completed 34i` D Contact Person Telephone number 10. List the name and title of the person who will supervise full-time the proposed work for your firm: I�L V N15�91 o- e�iFAa(( 11. Is full-time supervisor an employee�L contract services 7 12. A financial statement or other infor77mmion and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. PALM SPRINGS STADIUM REPAINTING BIDDER'S GENERAL INFORMATION CITY PROJECT NO. 07.02 BID FORMS-PAGE 7 3/9/2007 BID BOND KNOW ALL MEN BY THESE PRESENTS, That Astro Painting CtxMeny, Inc- as Contractor,and Arch Insurance Company as Surety, are held and firmly bound unto the City of Palm Springs, hereinafter called the "City" in the sum of: Ten percent of the total amount of the bid dollars (not loss 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, executor, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS, said Contractor has vpbmitted a Bid to said City to pofform the Work required under the Bid Schedule(s) of the City's Contract Documents entitled: PALM SPRINGS STADIUM FAINTING CrTY PROJECT NO.07-02 NOW THEREFORE, if said Contractor 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 Bidder" enter into a written Agreement on the Font 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 shell pay all coats incurred by said City in such suit,including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED,this 2$th day of March , 2007. CONTRACTOR; sIIRErY: Astro Painting Company, Inc. (Chock Arch Insurance Company ono:_i ud, p"rtrYe By corporation!4 � " 1V 1 � �� Linda D. Coats W INOTARIZfa) TMa Attorney in Fact Print Name and Tide- 1 {SEAL AND NOTARIAL ACKNOWLEDGMDIT L ,I ik, �,1 L �— t L 7 OF SURD 8Y V je1�'�-CII�L p. / (NOTARIZED) Print Nerve and Tnie: 4"Por&6"repro ti,.,e elpun aR:aw fiwn wca of the robwinp Crm ,-A_Che of Road,ArakW&a my V. ProWeeC AND U.Seta ,A�ku "wa ff,T�.Aede[s,r T.neWrnr,« Clrivt Fk,wrclpl valoerl. PALM SPRINGS STADIUM REPAINTING IND BOND OR SECURITY CFTY PROJECT NO.07-02 WD FORMS-PAGE 5 =120D7 State of California ) )ss. County of Riverside ) On April 3, 2007 before me, Carrie Rovnev.NoLaa Public Date Namc and Title of Officer personally appeared Milan Mesic and Elizabeth Mesic Name(s)of Sigacr(s) to ■ proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the _ + v dtbin instrument and acknowledged to me that CO"'"�'wO"•laasea hcfshe/they executed the same in bisfher/their authorized ""Y Nft-ccWtoaft capacity(ies),and that by hisRter/their signatures(s)on the ftwtlyram '��°"wY instrument the person(s), or the entity upon behalf of EV&G$M*r26,201 which the person(s)acted, executed the instrument. WITNESS my has d official seal 9i ahtre of No blic ACKNOWLEDGMENT State of California County of Orange OnMAR 2 8 2007 before me, Christine AL Rapp,Notary Public (here insert name and tifie of the officer) personally appeared Linda D. Coats personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged 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(s) acted, executed the instrument_ st+i�Rr IRISTINE M.RAPP WITNESS my hand and official seal. W `- COMM.#1494518 s m * NOTARY Rl1LiLIGCALIFORNIA Cn _ ` ORANGE COUNTY Signature C °n4 My Comm F_.P.,C JULY 9, 2008 N l (Seal) POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint Linda D. Coats and Douglas A. Rapp of Laguna Niguel, CA (EACH) its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety,and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is ggartteatµrrrrak-,execute, seal and deliver bands or undertakings that guarantee the payment or-collection of any promisshry ndte,"h'dck-draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had`beeri duly,executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and aftomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of procass,' This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous•consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is-attached, shall continue to be valid and binding upon the Company. o0ML0013 00 03 03 Page 1 of 2 Printed In U.S.A. CITY OF PALM SPRINGS SPECIFICATIONS FOR i PALM SPRINGS STADIUM REPAINTING PALM SPRINGS, CALIFORNIA PROJECT NO, 07-02 March 2007 ?ALAI S A� M m JMCO ,qA PORMfo FO R\-\%P R6 'r David J. Barakian, P.E., City Engineer CITY OF PALM SPRINGS 3200 East Tahquitz Way Palm Springs, California w M Bid Open; April 3, 2007 r Dated: March 9, 2007 CITY OF PALM SPRINGS SPECIFICATIONS FOR PALM SPRINGS STADIUM REPAINTING PALM SPRINGS, CALIFORNIA CITY PROJECT NO. 07-02 March 2007 The Specifications contained herein have been prepared by or under the direction of the following Registered Professional Engineer or Architect oe?'oFEss/oN ��Q�oPG� F. F�99l�G7 George F. Farago, P.E. z Associate Civil Engineer Civil Engineer C 62254 No.C-62254 ,k Exp-9-30-20Q7 sT CIVIL a`P 9T�OF CAL\�o Approved by ' 6L David J. Barakian, PE City Engineer Civil Engineer C28931 PALM SPRINGS STADIUM REPAINTING SIGNATURE PAGE CITY PROJECT NO. 07�02 3/9/2007 CITY OF PALM SPRINGS SPECIFICATIONS TABLE OF CONTENTS PART I - BIDDING AND AGREEMENT FORMS AND BONDS Notice Inviting Bids Instructions to Bidders Bid Forms Bid (Proposal) Bid Schedule List of Subcontractors Nan-collusion Affidavit Bid Bond (Bid Security Form) Bidder' s General Information Affirmative Action Program Agreement and Bonds Agreement Farm Worker' s Compensation Certificate Performance Bond Payment Bond Certificate of Insurance PART II - CONDITIONS OF THE CONTRACT General Conditions of the Contract Supplementary General Conditions PALM SPRINGS STADIUM REPAINTING GENERAL CONTENTS CITY PROJECT NO. 07-02 PAGE 1 3/9/2007 TABLE OF CONTENTS (Continued) PART III - TECHNICAL SPECIFICATIONS DIVISION 1 - GENERAL REQUIREMENTS Section 01011 - Summary of Work Section 01091 - Reference Standards and Abbreviations Section 01201 - Project Meetings Section C1301 - Contractor Submittals Section 01401 - Quality Control Section 01505 - Mobilization Section 01511 - Temporary Utilities Section 01541 Protection of Existing Facilities Section 01551 Site Access and Parking Section 01561 Temporary Environmental Section 01601 - Materials and Equipment Section 01701 -- Contract Closeout DIVISION 2-8 - NOT USED 'DIVISION 9 - FINISHES Section 09900 - Painting DIVISION 10-16 NOT USED PALM SPRINGS STAOIUM REPAINTING GENERAL CONTENTS CITY PROJECT NO. 07-02 PAGE 2 3/9/2007 CITY OF PALM SPRINGS SPECIFICATIONS PART I - BIDDING AND AGREEMENT FORMS AND BONDS Notice Inviting Bids Instructions tc Bidders Bid Forms Bid (Proposal) Bid Schedule List- of Subcontractors Non--collusion Affidavit Bid Bond (Bid Security Form) Bidder' s General Information Affirmative Action Program Certificate Agreement- and Bonds Agreement Form Worker' s Compensation Certificate Performance Bond Payment Bond Certificate of Insurance PALM SPRINGS STADIUM REPAINTING CONTENTS CITY PROJECT NO- 07-02 PART I 3/9/2007 CITY OF PALM SPRINGS NOTICE INVITING BIDS For constructing Palm Springs Stadium Repainting - Project No. 07-02 N-1 NOTICE IS HEREBY GIVEN that sealed bids for the Palm Springs Stadium Repainting will be received at the Division of Procurement and Contracting of the City of Palm Springs, California, until 2:00 P.M- on Tuesday, April 3, 2007, at which time they will be opened and read aloud. N-2 DESCRIPTION OF THE WORK: The Work comprises the preparation and painting of Palm Springs Stadium, including outside and inside of buildings, seating areas, underside of seating areas, flooring, walkways, stairs, handrails, chain link fences, dugouts and waikways/tunnels, press box, metal poles and platforms, tall stadium lzghL• poles, perimeter outfield wall and all appurtenant• work. N-3 AWARD OF CONTRACT: (a) The City reserves the .right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a bid, or to make award to the lowest responsive, responsible bidden and reject all other bids, as it may best serve the interest of the City. (b) as a condition of award, the successful bidder will be required to submit- payment and performance bonds and insurance. N-A BID SECURITY: Each bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of 10 percent of the total bid price, payable to the City of Palm Springs- N-5 BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a period of 60 calendar days from the date of bid opening. N-6 CONTRACTOR'S LICENSE CLASSIFICATION: The Contractor shall posse5s a valid Class S or C-33 Contractor license at the time of submitting bids. N-7 PREVAILING WAGE RATES NOT APPLICABLE: Funding for the Work ].5 with all local funds and, as provided under City Charter, will NOT require compliance with the prevailing wage requirements of the State of California. N-8 RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by the City, by depositing 5ecuritic5 of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code, N-9 PRE-BID VISIT TO WORT{ SITE: Prospective bidders are required to attend a pre-bid walk through of the proposed work site and existing facilities which will be conducted by the City at 10:00 A.M. on Wednesday, March 28, 2007. Failure to participate in the pre-bid walk though will render a bidder as non- responsive. N-10 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: (a) Contract Documents may he 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 PALM SPRINGS STADIUM REPAINTING NOTICE INVITING BIDS CITY PROJECT NO. 07-02 PAGE 1 3/9/2007 Canyon Way, Palm Springs, CA 92262. No refund will be made of any charges for sets of Contract Documents. (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-11 A➢DPES5 AM 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 r left hand corner with the name and address of the Bidder and shall bear the words "Bid For. ." followed by the title of the Project- and the date and hour of opening Bids. The certified or cashier's check or Bid Bond shall be enclosed in the same envelope with the Bid. BY ORDER OF THE CITY OF PALM SPRINGS Date: March 9, 2007. CITY OF�PALM DSPRINGS By �"" o `� , David J. Sarakian, P.E. City Engineer City of Palm Springs PALM SPRINGS STADIUM REPAINTING NOTICE INVITING BIDS CITY PROJECT NO. 07-02 PAGE 2 3/9/2007 CITY OF PALM SPRINGS INSTRUCTIONS TO BIDDERS 9. 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 Conditions. 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 Supplementary General Conditions." 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 920103.5, no Bid for the Work will be accepted from a contractor who does not hold a valid contractor's license in the Stale 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 some 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 Supplementary General Conditions for identification of those reports of explorations and tests of subsurface conditions at the site which have been utilized by the Engineer in the preparation of the Contract Documents. Although such reports are not a part of the Contract Documents, subject to the limitations specified in Article 4.2 of the General Conditions the Bidder may rely upon the general accuracy of specified technical data contained in such reports- However, 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 the technical data contained therein upon which the Bidder is entitled to rely is limited to that set forth in the Supplementary General Conditions- (d) 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 Supplementary General Conditions or the Section entitled "Protection of Existing Facilities" of the technical specifications- (e) Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground utilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Article 4.2 of the General Conditions of the Contract- (f) Before submitting a Bid, each Bidder must, at Bidder's Own expense, make or obtain any additional examinations and investigations which pertain to the physical conditions (surface, subsurface, and underground utilities) at or contiguous to the site or otherwise which may affect cost, progress, or performance of the Work and which the Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents. PALM SPRINGS STADIUM REPAINTING INSTRUCTIONS TO BIDDERS CITY PROJECT NO. 07-02 PAGE 1 3/9/2007 (g) Where feasible, upon request in advance, the City will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submittal of a Bid. The Bidder shall fill all exploration and test holes made by the Bidder and shall repair damage, clean up, and restore the site to its former condition upon completion of such exploration- (h) The lands upon which the work is to be performed, the rights-of-way and easements for access thereto, and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Contractor. Easement for permanent structures or permanent changes in existing structures will be obtained and paid for by the City unless otherwise provided in the Contract Documents. (i) The submittal of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article 4; 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, B. 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 Supplementary General Conditions. In case of refusal or failure of the successful Bidder to enter into said Agreement, the check or Bid Bond, as the case may be, shall be forfeited to the City. If the Bidder elects to furnish a Bid Bond as its security, the Bidder shall use the Bid Bond form bound herein, or one conforming substantially to it in form- 7, RETURN OF BID SECURITY - Within 14 days after award of the Contract, the City will return all bid securities accompanying such of the Bids that are not considered in making the award. All other Bid securities will be held until the Agreement has been finally executed- They will then be returned to the respective Bidders whose Bids they accompany. 8. BID FORM -The Bid shall be made on the Bid Schedule sheets bound herein. Unless otherwise provided in the Notice Inviting Bids, in the event there is more than one Bid Schedule, the Bidder may Bid on any individual schedule or an 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. S. SUBMITTAL or 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. Rids will not be accepted after the appointed time for opening of bids, no matter what the reason- 10. DISCREPANCIES IN BIDS - In the event that there is more than one Bid Item in the Bid Schedule, the Bidder shall furnish a price for all Bid Items in the schedule, and failure to do so will render the Bid as non-responsive and may cause its rejection. In the event that there are unit price Bid Items in a Bid Schedule and PALM SPRINGS STADIUM REPAINTING INSTRUCTIONS TO BIDDERS CITY PROJECT NO, 07-02 PAGE 2 3/9/2007 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 Cade. 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 Article 10 of the General Conditions. 12. WITHDRAWAL OF BID -The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or it's properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids prior to the scheduled closing time for receipt of Bids. 13. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS - Unauthorized conditions, limitations, or provisos attached to the Bid will render it informal and may cause its rejection as being non-responsive. The completed Bid forms shall be without interlineations, 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 Technical Specifications for "Beginning and Completion of the Work" in Section entitled Summary of Work. 15- SUBSTITUTE OR "OR-EQUAL" ITEMS - The procedure for submittal of any application for substitute or "or-equal" items by the Contractor and consideration by the Engineer is set forth in Part III, Section 01301-1.02, entitled: "Contractor Submittals" of the Technical Specifications. 16. AWARD OF CONTRACT - Award of Contract, if it is awarded, will be based primarily on the lowest overall cost to the City, and will be made to a responsive, responsible Bidder whose Bid complies with all the requirements prescribed. Unless otherwise specified, any such award will be made within the period stated in the Notice Inviting Bids that the Bids are to remain open, unless extended by mutual agreement of the bidders. Unless otherwise indicated, a single award will not be made for less than all the Bid Items of an individual Bid Schedule. In the event the Work is contained in more than one Bid Schedule, the City may award schedules individually or in combination. In the case of 2 or more Bid Schedules which are alternative to each other, only one of such alternative schedules will be awarded. 17. EXECUTION OF AGREEMENT - The Bidder to whom award is made shall execute a written Agreement with the City on the form of agreement provided, shall secure all insurance, and shall furnish all certificates and bonds required by the Contract Documents within 15 calendar days after receipt of the Agreement forms from the City- Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award and forfeiture of the Bid Security. If the lowest responsive, responsible bidder refuses or fails to execute the Agreement, the City may award the Contract to the second lowest responsive, responsible Bidder. If the second lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the City may award the Contract to the third lowest responsive, responsible Bidder. On the failure or refusal of such second or third lowest Bidder to execute the Agreement, each such bidder's Bid Securities shall be likewise forfeited to the City. PALM SPRINGS STADIUM REPAINTING INSTRUCTIONS TO BIDDERS CITY PROJECT NO. 07-02 PAGE 3 3/9/2007 1& WORKER'S COMPENSATION REQUIREMENT -The Bidder should be aware that in accordance with laws of the State of California, the Bidder will, if awarded the Contract, be required to secure the payment of compensation to its employees and execute the Worker's Compensation Certification. 19. LOCAL BUSINESS PROMOTION — (a) In determining the lowest responsible Bidder, the following provisions of Section 7-09.030 of the City of Palm Springs Municipal Code shall be applied to a Bid submitted by a local business enterprise or contractor: For any contract for services, including construction services, a reciprocal preference shall be given as against a non-local business enterprise contractor from any state, county or city that gives or requires a preference to contractors from that entity in award of its service contracts. The amount of the reciprocal preference shall be equal to the amount of the preference applied by the entity in which the non-local business enterprise contractor is based as against the Bid of a City of Palm Springs contractor. (b) For all contract Bids proposing sub-contractors: (1) The prime contractor shall use good faith efforts to subcontract 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. 14) 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 - PALM SPRINGS STADIUM REPAINTING INSTRUCTIONS TO BIDDERS CITY PROJECT NO. 07-02 PAGE 4 3/9/2007 BID DOCUMENTS Only the following listed documents, identified in the lower right corner as "Bid Forms" and reproduced on colored paper, shall he fully executed and submitted with the Bid at the time of opening of Bids. Bid (Proposal) Bid Schedule(s) List of Subcontractors Non-collusion Affidavit Bid Bond (Bid Security Form) Bidder's General Information Failure of a Bidder to fully execute and submit all of the listed documents with the Bid will render a Bid as non-responsive and subject to rejection. PALM SPRINGS STADIUM REPAINTING COVER SHEET CITY PROJECT NO.07.02 810 FORMS 2/9/2007 BID BID TO: CITY OF PALM SPRINGS, CALIFORNIA The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into Agreement with the City in the farm included in the Contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled: PALM SPRINGS STADIUM REPAINTING CITY PROJECT NO.07-02 Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and Instructions to Bidders,dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the Insurance certificates, Payment Bond,Performance Bond, and Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents including the following Addenda (receipt of which is hereby acknowledged): Number Date Number Date Number Date Number Date Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site,the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as Bidder deems necessary. In conformance with current statutory requirements of California Labor Code Section 1660,et seq.,the undersigned confirm the fallowing as its certification; I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions before commencing the performance of the work of this contract. To all the foregoing, and including all Bid Schcdule(s), List of Subcontractors, Non-collusion Affidavit, Purchase Order for Assigned Contract, 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 afore-mentioned Bidding Schedule(s)- Dated: Bidder: By: (Signature) Title: PALM SPRINGS STADIUM REPAINTING BID FORM CITY PROJECT NO. 07.02 PAGE 1 3(9l2007 BID SCHEDULE Lump Sum Prices for the Construction of the: PALM SPRINGS STADIUM REPAINTING CITY PROJECT NO. 07-02 in Palm Springs, California Item No. Description Lump Sum Amount 1 Prepare and paint seating areas, including aggregate non-skid coating of deck and stairs. $ 2. Prepare and paint underside of seating areas $ 3 Prepare and paint all exposed air conditioning ducts on the roof and metal parapet around the air conditioning equipment $ 4• Prepare and paint chain link at top and sides of stands $ 6 Prepare and paint chain link at base of stands and at dugouts, including poles. $ 6• Prepare and paint dugouts 0-st and 3-rd base): floor, stairs, benches $ 7, Prepare and paint press box (interior & exterior) $ $ Prepare and paint front of stadium, main entrance decking area (aggregate non-skid coating), and ticket booth (interior & exterior) $ 9, Prepare and paint manager's office (interior & exterior) $ 10, Prepare and paint locker rooms, showers, baths, storage rooms, hallways $ 11. Prepare and paint six restrooms (interior & exterior) $ 12. Prepare and paint two snack bars and souvenir booth (outside only) $ 13. Prepare and paint six tall stadium light poles and two outfield foul line posts $ 14. Prepare and paint perimeter outfield wall/plywood panels $ TOTAL OF ALL ITEMS OF THE BID SCHEDULE: $ INN.In flsumal (P,ica in�crdsl Name of Bidder or Firm PALM SPRINGS STADIUM REPAINTING SID FORMS CITY PROJECT NO.07-02 PAGE 2 3/9/2007 INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100, et seq., of the Public Contract Code, the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, or $10,000.00, whichever is greater, and shall also list the portion of the Work which will be done by such subcontractor. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. Contractor's Percent License of Total Work to be Performed Number Contract Subcontractor's Name & Address 1. 2. 3. 4, 5. 6. 7. 8. PALM SPRINGS STADIUM REPAINTING UST OF SUBCONTRACTORS CITY PROJECT N0.07.02 eID FORMS-PAGE 3 3/9/2007 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of ) 1, , being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Bidder By Title Organization Address PALM SPRINGS STADIUM REPAINTING NON-COLLUSION AFFIDAVIT CITY PROJECT NO. 07-02 BID FORMS-PAGE 4 3/9/2007 BID BOND KNOW ALL MEN BY THESE PRESENTS, That as Contractor, 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 Contractor has submitted a Bid to said City to perform the Work required under the Bid Schedule(s) of the City's Contract Documents entitled: PALM SPRINGS STADIUM REPAINTING CITY PROJECT NO. 07-02 NOW THEREFORE, if said Contractor is awarded a Contract by said City, and within the time and in the manner required in the "Notice Inviting Rids" 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. CONTRACTOR: SURETY: (Check one: individual, partnership, corporation) By By agnarure (NOTARIZED) Title Print Name and Title: (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) By signmvre (NOTARIZED) Prim Name and Title: (Corporations reouire two signatures;one from each of the following groups:A.Chairman of Board,President,or any Vice President;ANP 5,Secretary, Assistant Secretary,Treasurer, Assistant Treasurer,or Chief Financial Of{Leer). PALM SPRINGS STADIUM REPAINTING BID BOND OR SECURITY CITY PROJECT NO- 07-02 BID FORMS-PAGE 5 3/$/2007 BIDDER'S GENERAL INFORMATION The Bidder shall furnish the fallowing information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 7. BIDDER/CONTRACTOR'S Name and Street Address: 2. CONTRACTOR'S Telephone Number: ( ) Facsimile Number: ( ) 3. CONTRACTOR'S License: Primary Classification State License Number(s) Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety Address Surety Company Telephone Numbers: Agent ( ) Surety ( ) 6. 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: PALM SPRINGS STADIUM REPAINTING BIDDER'S GENERAL INFORMATION CITY PROJECT NO. 07-02 BID FORMS-PAGE 6 3/9/2007 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. PALM SPRINGS STADIUM REPAINTING BIDDER'S GENERAL INFORMATION CITY PROJECT NO. 07-02 BID FORMS-PAGE 7 3/9/2007 AGREEMENT THIS AGREEMENT made this day of in the year 2007,by and between the City of Palm Springs, a Charter City, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City,and hereinafter designated as the CONTRACTOR. The City and the Contractor,in consideration of the mutual covenants hereinafter sec forth,agree as follows: ARTICLE I -THE WORK The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the City's Contract Documems entitled: PALM SPRINGS STADIUM REPAINTING CITY PROJECT NO-07-02 The Work is generally described as follows: The Work comprises the preparation and painting of Palm Springs stadium, including outside and inside of buildings, seating areas, underside of seating areas, flooring, walkways, stairs, handrails, Chain link fences, dugouts and walkways/tunnels, press box, metal poles and platforms, tall stadium light poles, perimeter outfield wall and all appurtenant work. ARTICLE 2-COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. 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 0576.00 for each calendar day that expires after the time specified in Article 2, herein. r ARTICLE 3-CONTRACT PRICE The City shall pay the Contractor for the completion of the Work in accordance with the Contract Documents in current funds the Contract Price(s)named in the Contractor's Bid and Bid Sehedule(s). ARTICLE 4-THE CONTRACT DOCUMENTS The Contract Documents consist of: Notice Inviting Bids, Instructions to Bidders, the accepted Bid and Bid Schedule, the Schedule of Values, List of 6ubcomractors, Non-Collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond,this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Notice of Award, Notice to Proceed, Notice of Completion, General Conditions of the Contract, Supplementary General Conditions of the Contract,Technical Specifications, Drawings listed in The Schedule of Drawings in the Supplementary General Conditions or on the Cover Sheet of 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 Article 14 of the General Conditions and the PALM SPRINGS STADIUM REPAINTING AGREEMENT FORM CITY PROJECT NO. 07-02 AGREEMENT&BONDS-PAGE 1 3/9/2007 Supplementary General Conditions. Applications for Payment will be processed by the Engineer or the City as provided in the General Conditions. ARTICLE 6-NOTICES Whenever any provision of the Contract Documents requires the giving of written notice,4 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 sera by registered or certified mail, postage prepaid,to the last business address known to the giver of the Notice. ARTICLE 7-MISCELLANEOUS Terms used in this Agreement which are defined in Article I of The General Conditions and Supplementary General Conditions will have the meanings indicated in said General Conditions and Supplementary General Conditions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may became due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives to The other party hereto, its partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents, IN WITNESS WHEREOF,the City and the Contractor have caused this Agreement to be executed the day and year first above written. ATTEST: CITY OF PALM SPRINGS,CALIFORNIA APPROVED BY THE CITY COUNCIL: By Minute Order No. Date City Clerk Agreement No APPROVED AS TO FORM: By City Attorney Date CONTENTS APPROVED: By City Engineer Date By City Manager Date PALM SPRINGS STADIUM REPAINTING AGREEMENT FORM CITY PROJECT N0.07.02 AGREEMENT&BONDS-PAGE 2 31$/2007 CONTRACTOR:Check one:_Individual _Partnership _Corporation Corporations require two notarized signatures: One from each of the following:A. Chairman of Board, President, or any Vice President AND B. Secretary,Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. By By SIGNATURE NOTARIZED SIGNATURE NOTARIZED Name: Name: Title: Title: Address: Address: State of State of County of County of On before me On before me personally appeared personally appeared personally known to me for proved to me on personally known to me (or proved to me on the basis of satisfactory evidence) to be the the basis of satisfactory evidence) to be the persons) whose name(s) is/are subscribed porson(s) whose name(s) is/are subscribed to the within instrument and acknowledged to the within instrument and acknowledged to me that he/she/they executed the same in to me that he/she/they executed the same in his/herltheir authorized capacity(ies), and his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the that by his/her/their signature(s) on the instrument the person(s),or the entity upon instrument the person(s), or the entity upon behalf of which the person(s) acted, behalf of which the person(s) acted executed the instrument. executed the instrument- WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature Notary Signature Notary Seal: Notary Seal: PALM SPRINGS STADIUM REPAINTING AGREEMENT FORM CITY PROJECT NO.07-02 AGREEMENT&BONDS-PAGE 3 3/9/2007 WORKER'S COMPENSATION CERTIFICATE (AS REQUIRED BY SECTION 1861 OF THE CALIFORNIA LABOR CODE) 1 am aware of the provisions of Section 3700 of the Labor Cade which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Contractor: By: Title: PALM SPRINGS STADIUM REPAINTING WORKER'S COMPENSATION CERTIFICATE • CITY PROJECT NO. 07-02 AGREEMENT&BONDS-PAGE 4 3/9/2007 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That as Contractor, And as Surety, are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the County of Riverside, California, hereinafter called the"City," in the sum of: dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors,and assigns,jointly and severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said City to perform the Work as specified or indicated in the Contract Documents entitled: �1.114 SPRINGS STADIUM REPAINTING CITY PROJECT NO.07-02 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, _corporation) By By r signature (NOTARIZED) Title Print Name and Title: (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) By siprutyro (NOTARIZED) Print Name and Title: (Corporations require two signature; one fmm each of the following groups:A.Chairman of Board,President,or any Vice President; AND a. Secretary, Assistantrt Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). PALM SPRINGS STADIUM REPAINTING PERFORMANCE BOND CITY PROJECT NO. 07-02 AGREEMENT AND BONDS-PAGE 5 3/9/2007 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That as Contractor, And as Surety, are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the County of Riverside, State of California,hereinafter called the"City,"in the sum of: dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents. WHEREAS, said Contractor has been awarded and is about to enter into the annexed agreement with said City to perform the Work as specified or indicated in the Contract Documents entitled: LNI Sp6.tOLGS STADIUM REPAINTING CITY PROJECT NO.07-02 NOW THEREFORE,if said Contractor, its subcontractors, its heirs, executors, administrators, successors,or assigns shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for, or about the performance of the Work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections 3247.3252, inclusive, of the Civil Code of the State of California and acts amendatory thereof, and Sections of other Codes of the State of California referred to therein and acts amendatory thereof, and provided that the persons, companies, or corporations so furnishing said materials, provisions, equipment, or other supplies, appliances, or power used in, upon, for, or about performance of the Work contracted to be executed or performed, or any person, company, or corporation renting or hiring implements or machinery or power for,or contributing to, said work to be done,or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor, shall have complied with the provisions of said laws, then said surety will pay the same in an amount not exceeding the sum hereinbefore set forth, and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee as shall be fixed by the Court. This Bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this band. PROVIDE[), 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. PALM SPRINGS STADIUM REPAINTING PAYMENT BOND CITY PROJECT NO-07-02 AGREEMENT AND BONDS-PAGE 6 3/9/2007 CONTRACTOR: (Check one:_individual,-partnership, _corporation) By slg�aturo (NOTARIZED) Print Name and Title: By signature (NOTARIZED) Print Name and Title: (Corporations require two signatures;one rmm each of the following groups! A. Chairman of Board, President, or any Vice President; AND B. Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). SURETY: By Title (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) PALM SPRINGS STADIUM REPAINTING PAYMENT BOND CITY PROJECT NO,07-02 AGREEMENT AND BONDS-PAGE 7 3/9/2007 CERTIFICATE OF INSURANCE THIS CERTIFICATE ISSUED TO THE OWNEIVAGENTS LISTED BELOW DESIGNATED BY THE CONTRACT WITH THE INSURED NAME AND ADDRESS OF INSURED INSURANCE COMPANIES AFFORDING COVERAGE COMPANY A B C TYPE OF WORK PERFORMED AND LOCATION LIMITS OF LIABILITY IN THOUSANDS(xI000)TYPE OF INSURANCE POLICY NUMBER EACH COMPREHENSWE OENERAI LIABILITY Including: ❑ EXPLOSION AND CDLLAP$E BODILY INJURY ❑ UNDERGROUND DAMAGE s $ ❑ PRODUCr51COMPLETED OPERATIONS PROPERTY DAMAGE ❑ CONTRACTUAL INSVIANCC e, ❑ OHOAD FORM PROPERTY DAMAGE BODILY INJURY AND ❑ INDEPENDENT CONTRACTORS PROPERTY DAMAGE COMBINED ❑ PERSONAL INJDH PERSONAL INJURY COMPREHENSIVE AUTOMOBILE BODILY INJURY LIABILITY EACH PERSON v Including: EACH ACCIDENT ❑ OWNED ❑ HIRED PROPERTY DAMAGE 111 1—XX NON-OWNED a, �I MOTOR CnRRIFR nOT BODILY INJURY AND PROPERTY a DAMAGE COMBINED EXCESS LIABILITY BODILY INJURY Including: AND PROPERTY y ❑ EMPLOYER'S LIABILITY DAMAGE COMBINED WORKER'S COMPENSATION STATUTORY and EMPLOYEII'S LIABILITY Including: EL LEACH ❑ LONG SI{OBCMFN SAND ACCIDENTI HARBOR WORKERS OTHER ADDITIONAL INSURED ENDORSEMENT-CITY OF PALM SPRINGS Tho undersigned canines that he or she is The representative of the above-named insurance companies,That he or site has the authority to execute and issue this ceruLcate to Certificate Holder,and accordingly,does hereby certify an behalf of said insurance companies that policies Of insurance listed above have been osucd to the insured named above and are in force at this time- Notwithdindmg any requirement,term,or condition of any contract or other document wish respect to Which thin oartificatr may bo Issued or may portoln,the Insurance afforded by thin pohcias loser@ad heroln Is subject to it the terms,exclusions,and conditions of such policies. Copies of the policies shown will be furnished to the Certificate Holder upon request This Certificate does not amend,extend,or alter the CCveruge afforded by the policies listed- Canccll-nlan: Should any of Tho abov0 doscrlbed policies Do canceUad befora the explradan date thereof,the Issuing company will mall 30 days written notice to the below-named certificate holder: NAME AND ADDRESS OF ADDITIONAL INSURED DATE ISSUED BY w vxenyw niniai xirnn a wuTunu mu......n ow no cv+mnx PALM SPRINGS STADIUM REPAINTING CERTIFICATE OF INSURANCE CITY PROJECT NO. 07-02 AGREEMENT AND BONDS-PAGE 8 3/9/2007 CITY OF PALM SPRINGS SPECIFICATIONS PART 11 - CONDITIONS OF THE CONTRACT General Conditions of the Contract Supplementary General Conditions PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO.07.02 GENERAL CONDITIONS-CONTENTS 3(2/2007 GENERAL CONDITIONS OF THE CONTRACT No. Article Paqe 1 Definitions 1 2 Preliminary Matters 5 3 Contract Documents: Intent, Amending, and Reuse 7 4 Availability of Lands; Subsurface and Physical Conditions; Reference Points 9 5 Bonds and Insurance 12 6 The Contractor's Responsibilities 16 7 Other Work 20 8 The City's Responsibilities 21 9 The Engineer's Status During Construction 21 10 Changes in the Work 23 11 Change of Contract Price 25 12 Change of Contract Time 29 13 Warranty and Guarantee; Tests and Inspections; Correction, Removal, or Acceptance of Defective Work 30 14 Payments to the Contractor and Completion 33 15 Suspension of the Work and Termination 39 16 Dispute Resolution 41 17 Miscellaneous 41 18 California State Requirements 42 PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO.07.02 GENERAL CONDITIONS- CONTENTS 3/2/2007 GENERAL CONDITIONS OF THE CONTRACT ARTICLE 1 -DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: Addenda - Written or graphic instruments issued prior to the opening of Bids which make changes, additions, or deletions to the Bid Documents. Agreement - The written contract between the CITY and the CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment - The form accepted by the ENGINEER which is to be used by the CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. Architect - Reference in these documents to Architect shall be deemed to mean the City Engineer of the City of Palm Springs. Asbestos -Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. Beneficial Use or Occupancy - Placing all or any portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching completion for all of the Work. Bid - The offer or proposal of the bidder submitted on the prescribed form setting forth the price or prices for the Work to be performed. Bidding Documents - The Notice Inviting Bids, Instructions to Bidders, the Bid Farm and the accompanying Bid Schedules or Bid Sheets, List of Subcontractors, Non-Collusion Affidavit, Bidder's General Information, Bid Security or Bond, Affirmative Action Program, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). Bidding Requirements - The Notice Inviting Bids, Instructions to Bidders, and the Bid Form and the accompanying Bid Schedule or Bid Sheets, List of Subcontractors, Non-Collusion Affidavit, Bidder's General Information, Bid Security or Band, Affirmative Action Program. Bonds - Bid, Performance, and Payment bonds and other security instruments which protect the CITY against financial loss due to inability or refusal of the CONTRACTOR to perform its Contract. Change Order- A document recommended by the ENGINEER which is signed by the CONTRACTOR and the CITY and authorizes an addition to, deletion from, or revision of in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. CITY - The CITY of Palm Springs, a charter city organized and existing in the County of Riverside, State of California, sometimes referred to as the CITY or the OWNER. Completion - Completion of the Work shall be the date of such acceptance of the Work by the CITY, as provided under California Civil Code Section 3086. Consultant - The ENGINEER, ARCHITECT, or ARCHITECT-ENGINEER Firm and their designated representatives acting under contract to the CITY, acting on behalf of the CITY of Palm Springs as their authorized representative within the scope of authority defined in their contract with the CITY PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO.07-02 GENERAL CONDITIONS-PAGE 1 3/2/2007 Contract Documents - Unless otherwise defined in the Agreement or Supplementary General Conditions, the Contract Documents shall comprise 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 Schedule, List of Subcontractors, Nan-collUsion Affidavit, Bidder's General Information, Bid Security or Bid Bond, Affirmative Action Program, the Agreement, Worker's Compensation Certificate, Performance Band, Payment Bond, Notice of Award, Notice to Proceed, Notice of Completion, General Conditions of the Contract, Supplementary General Conditions, Technical Specifications, Drawings, and all Addenda, Change Orders, and Work Change Directives executed pursuant to the provisions of the Contract Documents, together with all Feld Orders and ENGINEER's written interpretations and clarifications issued pursuant to Article 3.4 and paragraphs 3.4b.1 and 3.4b,3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to Article 6.12 and paragraphs 6.12c and the reports and drawings referred to in paragraphs 4.2a.1 and 4.2b.2 are NOT Contract Documents. Contract Price - The moneys payable by CITY to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 14.11 b in the case of Unit Price Work). Contract Times-The number of successive calendar days as stated in the Contract Documents for the completion of the Work to achieve Substantial Completion and so that it is ready for final payment as evidenced by the ENGINEER's written recommendation of final payment in accordance with Article 11 and paragraph 14.11 b. Contract Unit Price-The price quoted by the Bidder for performing or furnishing each item of work to be paid for on the basis of unit prices. CONTRACTOR-The person, firm, or corporation with whom the CITY has entered into the Agreement. CONTRACTOR's Project Representative- CONTRACTOR's representative for the project through whom ail matters addressed to the CONTRACTOR regarding the project shall be directed. This individual and the CITY's, the ENGINEER's, or the Consultant's Project Representative shall be the only 2 individuals who shall have the authority to provide direction/receive authorization on matters pertaining to the Project. Cast of Work-The term Cast of Work (determined as provided in Articles 11.2, 11.3 and 11.4. herein) shall mean the sum of all costs necessarily incurred and paid for by the CONTRACTOR for labor, materials, and equipment in the proper performance of the Work, plus the CONTRACTOR's foe for overhead and profit (determined as provided in Article 112, herein) (referred to in Caltrans Standard Specifications as "Force Account" work). Day- A calendar day of 24 hours, measured from midnight to the next midnight. Daily Work Reports - Cast isolation reports detailing all costs of extra work, disputed work, emergency work, or other work paid for on a force account basis and the cost of other operations. A record of daily costs separate and distinct from the daily costs of other work on the project for which a contract price has been established. Defective Work - An adjective, which when modifying the ward Work, refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents, or that does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to the ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by CITY at the time of Substantial Completion in accordance with Article 14.7 or 14.8). Drawings/Contract Drawings - The drawings, plans, maps, profiles, diagrams, and other graphic representations which show the location, nature, extent, and scope of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are NOT Drawings or Contract Drawings as so defined. Effective Date of the Agreement - The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it shall mean the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO.07-02 GENERAL CONDITIONS-PAGE 2 3/2/2007 End of Contract - The End of the Contract shall be identified as being that day when the Work should be completed based upon the predefined contract period as indicated in the Contract Documents plus any time extensions granted by the CITY. ENGINEER - The ENGINEER shall mean the City Engineer of the City of Palm Springs or his authorized representative. ENGINEER's Estimate - On unit-price contracts, the ENGINEER's estimate shall comprise the list of estimated quantities and prices of the individual line items of work to be performed as contained in the Bid Schedule(s). On lump-sum projects, the ENGINEER's estimate shall mean estimated contract price of the completed project. Meld Order- A written order issued by the ENGINEER which orders minor changes in the Work in accordance with Article 9.5 but which does not involve a change in the Contract Price or the Contract Times. Final Payment - Final payment shall be the last progress payment, less any specified retainage, authorized after completion and acceptance of the Work by the CITY in accordance with the provisions of California Civil Code Section 3086(c). Release of retainage cannot be made until 30 to 45 days after acceptance of the Work and recording of a Notice of Completion by the CITY- General Requirements - Sections of Division 1 of the Technical Specifications, Hazardous Waste - The term Hazardous Waste shall have the meaning provided in Section 25117 et, seq. of the California Health and Safety Code. RCRA hazardous waste shall have the meaning provided in Section 25120.2 of the California Health and Safety Cade, and Section 1004 of the Solid Waste Disposal Act(42 USC Section 6903) as amended from time to time. Liquidated Damages - The dollar amount per day specified in the Agreement that the CONTRACTOR shall pay to the CITY for each and every day that the Work remains incomplete following the date of Completion specified in the Contract Documents. Liens — Mechanic's lien, stop notice, or bond right or any right against labor, services, equipment, or material furnished in connection with any project in which the claimant has bond or lien rights as defined in California Civil Cade 3262. Notice of Award •The written notice by the CITY to the apparent successful bidder stating that upon compliance with the conditions precedent enumerated therein, within the time specified, the CITY will enter into an Agreement. A Notice of Award will only be issued after CITY Council Approval. Notice of Completion -The legal document filed by the CITY with the Riverside County Clerk after the project has been accepted by the CITY of Palm Springs CITY Council. This document begins the notification period when those firms or individuals who have submitted a Preliminary Notice for the project will be on notice that the project has been accepted as complete by the CITY. Notice to Proceed - A written notice issued by the CITY to the CONTRACTOR (with a copy to the ENGINEER) fixing the date on which the Contract Times will commence to run authorizing the CONTRACTOR to proceed with the Work and establishing the date of commencement of the Contract Time, and on which the CONTRACTOR shall start to perform the CONTRACTOR's obligations under the Contract Documents. OWNER - The CITY of Palm Springs, or any subdivision thereof, herein referred to as the CITY, with whom the CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. Partial Utilization - Use by the CITY of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. A written Notice of Partial Utilization will be issued to the CONTRACTOR when such occurs. RCRA Hazardous Waste - The term RCRA hazardous waste shall have the meaning provided-in Section 25120.2 of the California Health and Safety Code. PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO-07-02 GENERAL CONDITIONS-PAGE 3 3/2/2007 Project - The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. Project Representative - The person named in the Supplementary General Conditions as the authorized representative of the CITY, or the ENGINEER, or the Consultant who may be assigned to the site or any part thereof. All liaison between the CONTRACTOR and the CITY shall be directed through the Project Representative. Radioactive Material- Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 at seq.) as amended from time to time. Resident Project Representative/Project Representative- (See Project Representative) Samples - Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. Schedule of Values - Cost value of individual Work activities comprising a lump sum contract; A breakdown of a lump sum project into unit values to serve as a basis for estimating the value of the Work completed to facilitate the making of progress payments to the CONTRACTOR. The unit values in a schedule of values are for convenience only, and are not intended for the purpose of pricing change orders. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for the CONTRACTOR and submitted by the CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams, and other information prepared by a supplier or manufacturer and submitted by the CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications - Those portions of the Contract Documents consisting of all of Part I: Notice Inviting Bids, Instructions to Bidders, Bid Forms, Agreement, bonds, and certificates; Part II: General and Supplementary General Conditions of the Contract; and Part III: Technical Specifications consisting of the written technical descriptions of materials, equipment, construction systems, methods, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. Standard Specifications - The Standard Specifications, where applicable, shall be as identified in the Supplementary General Conditions. Subcontractor - An individual, firm, or corporation having a direct contract with the CONTRACTOR or with any other Sub-contractor for the performance of a part of the Work at the site. Substantial Completion-Refers to the Work (or a specified part thereof) that has progressed to the paint where, in the opinion of the ENGINEER, and as evidenced by ENGINEER's definitive recommendation to the CITY that the Work is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended. The terms "Substantial Completion and "substantially complete" and "substantially completed" as applied to any Work shall mean Substantial Performance of the Contract, hereunder, as defined in Black's Law Dictionary, Revised Fourth Edition, West Publishing Company. Supplementary General Conditions -The part of the Contract Documents which amends or supplements or makes additions, deletions, or revisions to these General Conditions. Supplier - A manufacturer, fabricator, retailer, wholesaler supplier, distributor, materialman, or vendor having a direct contract with the CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by the CONTRACTOR or any Subcontractor- Technical Specifications - The technical sections of the specifications, comprising all of the Sections contained in Part III of the specifications defined herein. Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the fallowing services or materials: electricity, water, sewage and drainage removal, PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO.07-02 GENERAL CONDITIONS-PAGE 4 3/2/20D7 gases, steam, liquid petroleum products, telephone or other communications, cable television, traffic, or other systems. Unit Price Work - Work to be paid for on the basis of unit prices for the various work items. The bid price for each pay line item in a unit-price bid shall be the product of the unit price bid for each item, multiplied by the actual quantities of such items placed- In case of conflict or error between the unit price and the extended product, the unit price shall prevail and the extension corrected. Work - The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. The Work includes and is the result of performing services, or furnishing labor, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. Work Change Directive - A written directive to the CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by the CITY and recommended by the ENGINEER, ordering immediate commencement of work on an addition, deletion, or revision of in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed or to emergencies as provided in the Contract Documents. ARTICLE 2—PRELIMINARY MATTERS 2.1 Delivery of Bonds: When the CONTRACTOR delivers the executed Agreements to the CITY, the CONTRACTOR shall also deliver to the CITY such Bonds and insurance policies or certificates as the CONTRACTOR may be required to furnish in accordance with Article 5.1. 2.2 Copies of Documents: The CITY shall furnish to the CONTRACTOR up to 5 copies (unless otherwise specified in the Supplementary General Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cast of reproduction. 2.3 Commencement of Contract Times; Notice to Proceed: The Contract Times shall commence to run on the day indicated in the Notice to Proceed or, if no Notice to Proceed is issued, on the thirtieth day after the Effective Date of the Agreement. 2.4 Starting the Project: A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.5 Starting the Work: The CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. 2.6 Before Starting Construction: a. Before undertaking each part of the Work, the CONTRACTOR shall carefully review the Contract Documents and check all applicable field measurements. The CONTRACTOR shall promptly report in writing to the ENGINEER any conflict, error, ambiguity, or discrepancy which the CONTRACTOR may discover and shall obtain a written interpretation or clarification from the ENGINEER before proceeding with any Work affected thereby; however, the CONTRACTOR shall not be liable to the CITY or the ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents, unless the CONTRACTOR knew or reasonably should have known thereof. b. Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to the ENGINEER for review: PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO. 07-02 GENERAL CONDITIONS-PAGE 5 3/2/2007 1. A preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the Work; 2. A preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 3. On lump sum contracts, a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. c. Within 15 calendar days after receipt of Agreement forms from the CITY, the CONTRACTOR shall deliver to the CITY, certificates of insurance (and other evidence of insurance which the CITY or any additional insured may reasonably request) which the CONTRACTOR is required to purchase and maintain in accordance with Articles 5.3, 5.4 and 5.5. 2.7 Preconstruction Conference: Before any Work at the site is started, a conference attended by the CONTRACTOR, the ENGINEER, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Article 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records- 2.8 Initially Acceptable Schedules: Unless otherwise provided in the Contract Documents, at least 10 days before submission of the first Application for Payment a conference attended by the CONTRACTOR, the ENGINEER, and others as appropriate will be hold to review for acceptability to the ENGINEER as provided below the schedules submitted in accordance with Article 2.6, The CONTRACTOR shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to the CONTRACTOR until the schedules are submitted to and are acceptable to the ENGINEER as provided below. The construction schedule will be acceptable to the ENGINEER as providing an orderly progression of the Work to completion and within the Contract Times, but such acceptance will neither impose on the ENGINEER the responsibility for the sequencing, scheduling, or progress of the Work nor interfere with or relieve the CONTRACTOR from the CONTRACTOR's full responsibility therefor. The CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals. The CONTRACTOR's Schedule of Values, where required hereunder, shall be acceptable to ENGINEER as to farm and substance. ARTICLE 3 —CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.1 Contract Documents: The Contract Documents comprise the entire agreement between the CITY and the CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the laws of the place of the Project. 3.2 Intent: It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will he furnished and performed whether or not specifically called for- When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials, or equipment, such words or phrases shall be interpreted in accordance with that meaning- Clarifications and interpretations of the Contract Documents shall be as issued by the ENGINEER as provided in Article 9.4. PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO-07-02 GENERAL CONDITIONS-PAGE 6 312l2007 3.3 Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies: a. Reference to standards, specifications, manuals, or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. b. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual, or code or of any instruction of any Supplier, the CONTRACTOR shall report it to the ENGINEER in writing at once, and the CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.1 De) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Article 3.4; provided, however, that the CONTRACTOR shall not be liable to the CITY or the ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless the CONTRACTOR knew or reasonably should have known thereof. c. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in Article 3.4, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: 1. the provisions of any such standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation), d. No provision of any such standard, specification, manual, code, or instruction shall be effective to change the duties and responsibilities of the CITY, the CONTRACTOR, or the ENGINEER , or any of their subcontractors, consultants, agents, or employees from these set forth in the Contract Documents, nor shall it be effective to assign to the CITY, the ENGINEER or any of the ENGINEER'S Consultants, agents, or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.9 or any other provision of the Contract Documents. e. Whenever in the Contract Documents the terms "as ordered," "as directed," "as required," "as allowed," "as approved," or terms of like effect or impart are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review, or judgment of the ENGINEER as to the Work, it is intended that such requirement, direction, review, or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to the ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Article 9.9 or any other provision of the Contract Documents. 3.4 Amending and Supplementing Contract Documents: a. The Contract Documents may be amended after execution of the Agreement to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 1. By formal Written Amendment, 2. By Change Order, (pursuant to paragraph 10-1d), or PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO.07-02 GENERAL CONDITIONS-PAGE 7 3/2/2007 3. By Work Change Directive- (pursuant to paragraph 10.1a). b- In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 1- By Field Order (pursuant to Article 9.5), 2. By the ENGINEER's approval of a Shop Drawing or Sample (pursuant to Article 6.12, or 3. By the ENGINEER's written interpretation or clarification (pursuant to Article 9.4). 3.5 Order of Precedence of Contract Documents: a- In resolving disputes resulting from conflicts, errors, omissions, ambiguities, or discrepancies in any of the Contract Documents, unless otherwise provided in the Supplementary General Conditions,the order of precedence shall be as follows: 1. Change Orders or Work Change Directives 2. Agreement 3. Addenda 4. CONTRACTOR's Bid (Bid Forms) 5, Supplementary General Conditions 6. Notice Inviting Bids 7, Instructions to Bidders 8. General Conditions of the Contract - 9- Technical Specifications 10. Contract Drawings 11, Referenced Standard Specifications 12. Referenced Standard Drawings b. With reference to the Drawings the order of precedence shall be as follows: 1. Figures govern over scaled dimensions 2. Detail drawings govern over general drawings 3. Addenda or Change Order drawings govern over Contract Drawings 4. Contract Drawings govern over standard drawings 5. Contract drawings govern over shop drawings 3.6 Reuse of Documents: The CONTRACTOR and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the CITY, (i), shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of the ENGINEER or the ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of the ENGINEER or the ENGINEER's Consultant, and (ii), shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of the CITY and the ENGINEER and specific written verification or adoption by the ENGINEER. ARTICLE 4 --AVAILABILITY OF LANDS;SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.1 Availability of Lands: The CITY will furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment; provided, that the CONTRACTOR shall not enter upon nor use any property not under the control of the CITY until a written temporary construction PALM SPRINGS STADIUM REPAINTING CONDITIONS Or THE CONTRACT CITY PROJECT NO. 07.02 GENERAL CONDITIONS-PAGE 8 3/2/2007 easement agreement has been executed by the CONTRACTOR and the property owner, and a copy of said easement furnished to the ENGINEER prior to said use; and, neither the CITY nor the ENGINEER shall be liable for any claims or damages resulting from the CONTRACTOR's unauthorized trespass or use of any such properties. 4.2 Subsurface and Physical Conditions: a. Reports and Drawings: Reference is made to the Supplementary General Conditions for identification of: 1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by the ENGINEER in the preparation of preparing the Contract Documents; and 2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by the ENGINEER in preparing the Contract Documents. b. The CONTRACTOR may rely upon the general accuracy of specified "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is specifically identified in the Supplementary General Conditions. Except for such reliance on such specified "technical data," the CONTRACTOR may not rely upon nor make any claim against the CITY, the ENGINEER, nor any of the ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for the CONTRACTOR's purposes; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. Any CONTRACTOR's interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions, or information. c. Existing structures: Reference is made to the Supplementary General Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Utilities referred to in Article 4.4, herein) which are at or contiguous to the site that have been utilized by the ENGINEER in the preparation of the Contract Documents. 4.3 Differing Site Conditions: a. If the CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 1. Subsurface or latent physical conditions at the site of the Work differing materially from those indicated, described, delineated in the Contract Documents, or 2, is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then: b. The CONTRACTOR, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith, shall notify the CITY and the ENGINEER in writing about such condition. The CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith until receipt of written order to do so. c. In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, will be allowable to the extent that they are attributable to any such difference. d. The CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if: 1. The CONTRACTOR knew of the existence of such conditions at the time The CONTRACTOR made a final commitment to the CITY in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO.07-02 GENERAL CONDITIONS-PAGE 9 3/2/2007 2. The existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for the CONTRACTOR prior to the CONTRACTOR's making such final commitment; or 3. The CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.3b. e. If the CITY and the CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 11 and 12. However, the CITY, the ENGINEER and the ENGINEER's Consultants shall not be liable to the CONTRACTOR for any claims, costs, losses or damages sustained by the CONTRACTOR on or in connection with any other project or anticipated project. f. The CONTRACTOR's failure to give written notice of differing site conditions within 5 days of their discovery or before they are disturbed shall constitute a waiver of all claims in connection therewith, whether direct or consequential in nature. 4.4 Reference Points- a. The ENGINEER will provide one bench mark, near or on the site of the WORK, and will provide 2 points near or on the site from which the CONTRACTOR may establish a base line for alignment control. Unless otherwise specified in the General Requirements of the Technical Specifications, the CONTRACTOR shall furnish all other lines, grades, and bench marks required for proper execution of the WORK. b. The CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of the CITY. The CONTRACTOR shall report to the ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and/or relocation because of necessary changes in grades or locations, and shall be responsible for the accurate placement or relocation of such reference points by professionally qualified personnel. 4.5 Hazardous Waste a. As provided in Article 18.17, herein, in any public works contract of the CITY which involves digging of trenches or other excavations that extend deeper than 1.2 meters (4 feet) below the surface, the CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the public entity, in writing, of any: 1. Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the California Health and Safety Code, that is required to be removed to a Class I, Class 11, or Class III disposal site in accordance with the provisions of existing law. 2. Subsurface or latent physical conditions at the site differing from those indicated. 3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. b. The public entity shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR's cost of, or the time required for, performance of any part of the WORK shall issue a Change Order under the procedures described in the Contract. c. That, in the event that a dispute arises between the public entity and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR's cost of, or the time required for, performance of any part of the WORK, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The CONTRACTOR shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties. PALM SPRINGS STADIUM REPAINTING CONDITIONS Of THE CONTRACT CITY PROJECT NO.07-02 GENERAL CONDITIONS-PAGE 10 3/2/2007 4.6 Asbestos, PCBs, Petroleum. Hazardous Waste or Radioactive Material: ' a. The CITY will be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. The CITY shall not be responsible for ' any such materials brought to the site by the CONTRACTOR, its Subcontractors, Suppliers, or anyone else for whom the CONTRACTOR is responsible- b. The CONTRACTOR shall immediately: (i) stop all Work in connection with such hazardous condition and in any area affected thereby (except in an emergency as required by paragraph 6.10e), and (ii) notify the CITY and the ENGINEER (and thereafter confirm such notice in writing). The CITY shall promptly consult with the ENGINEER concerning the necessity for the CITY to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. The CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after the CITY has obtained any required permits related thereto and delivered to the CONTRACTOR special written notice: (i) specifying that such condition and any affected area is'or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If the CITY and the CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by the CONTRACTOR to be resumed, either party may make a claim therefor as provided in Articles 11 and 12, c. If after receipt of such special written notice the CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then the CITY may order such portion of the Work that is in connection with such hazardous condition or in such affected area to be deleted from the Work. If the CITY and the CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 11 and 12, The CITY may have such deleted portion of the Work performed by the CITY•s own farces or others in accordance with Article 7. d. To the fullest extent permitted by Laws and Regulations, the CITY shall indemnify and hold harmless the CONTRACTOR, its Subcontractors, the ENGINEER, the ENGINEER's Consultants, and the officers, directors, employees, agents, other consultants and subcontractors of each and any of them from and against all claims, costs, lasses and damages arising out of or resulting from such hazardous condition, provided that: (i) any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) nothing in this paragraph 4.6d shall obligate the CITY to indemnify any person or entity from and against the consequences of that person's or entity's awn negligence. e. The provisions of Article 4.2 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. i ARTICLES --BONDS AND INSURANCE 5.1 Performance, Payment, and Other Bonds: a. Upon receiving a Notice of Award, the CONTRACTOR shall furnish Performance and Payment Bonds, each in the amount set forth in the Supplementary General Conditions as security for the faithful performance and payment of all the CONTRACTOR's obligations under the Contract Documents. If required under the Supplementary General Conditions, a Correction and Repair Band shall be provided for all Work; said Correction and Repair Bond shall cover a period of not less than one year and shall be by a separate surety company. Where a separate Correction and Repair Bond is not required, the Performance Band shall be written to remain in effect at least until one year after the date of Substantial Completion/Notice of Completion as applicable, except as otherwise provided by Law or Regulation or by the Contract Documents; provided, that after the date of Substantial Completion/Notice of Completion, as applicable, the amount of said Performance Bond, at the discretion of the CITY, may be reduced to the amount set forth in the Supplementary General Conditions. The premiums upon all such bonds shall be paid by the CONTRACTOR. PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO.07-02 GENERAL CONDITIONS-PAGE 11 3/2/2007 b. If the surety on any Bond furnished by the CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the WORK is located, or it ceases to meet the requirements of Article 5.1, the CONTRACTOR shall within 7 days thereafter substitute another Bond and surety, both of which must be acceptable to the CITY. 5-2.Licensed Sureties and Insurers; Certificates of Insurance: a. All Bonds and insurance required by the Contract Documents to be purchased and maintained by the CITY or the CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary General Conditions, or required by law, whichever is greater, and shall endorse-the CITY, the ENGINEER, and the CITY's Consultants for the project as additional insured." All insurance shall be maintained continuously during the life of the Agreement up to the date of Substantial Completion/Notice of Completion, as applicable, pursuant to acceptance of the WORK by the CITY, but the CONTRACTOR's liabilities under this Agreement shall not be deemed limited in any way to the insurance coverage required. b. The CONTRACTOR shall furnish the CITY with Certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of policies for each of the following listed insurance coverages. In addition, each party named as an additional insured shall be provided with an original copy of the policy endorsement naming them as an additional insured (subject to any customary exclusion in respect of professional liability) under the CONTRACTOR's policies of insurance required under the Contract. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 30 days' prior written notice has been given to the CITY by Certified Mail. All such insurance shall remain in effect until the date of Substantial Completion and at all times thereafter when the CONTRACTOR may be correcting, removing, or replacing defective work in accordance with paragraph 13.4d, herein. In addition, the Insurance required herein (except for Worker's Compensation and Employer's Liability) shall name the CITY, the ENGINEER, the CITY's Consultants for the project and their officers, agents, and employees as "additional insureds" under the policies: 1. Worker's Compensation Insurance ReouiremenYs: This insurance shall protect the CONTRACTOR, the CITY, the ENGINEER, and the CITY's Consultants for the project against all claims under applicable state Worker's Compensation laws, The CONTRACTOR shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a Worker's Compensation law. This policy shall include an "all states" endorsement. The CONTRACTOR shall require each subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the CONTRACTOR's Worker's Compensation Insurance. In case any class of employees is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of its employees as are not otherwise protected. 2. Comprehensive General Liabili : This insurance shall be written in comprehensive form and shall protect the CONTRACTOR, the CITY, the ENGINEER, and the CITY's Consultants for the project against all claims arising from injuries to persons other than its employees or damage to the property of the CITY or others arising out of any act or omission of the CONTRACTOR or its agents, employees, or subcontractors, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable. The policy shall also include protection against claims: insured by customary personal injury liability coverage, a "protective liability" endorsement to insure the contractual liability assumed by the CONTRACTOR under the indemnification provisions of the General Conditions. To the extent that the CONTRACTOR's work, or work under its direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusions relative to blasting, explosion, collapse of buildings, or damage to underground structures. 3. Comprehensive AutomoW Liability: This insurance shall be written in comprehensive farm and shall protect the CONTRACTOR and the CITY and the ENGINEER against all claims for injuries to members of PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO. 07-02 GENERAL CONDITIONS-PAGE 12 3/2/2007 the public and damage to property of others arising from the use of motor vehicles. Said insurance shall cover the operation onsite or offsite of all motor vehicles licensed for highway use whether they are owned, non-owned, or hired. 4. Subcontractor's Public Liability and Property Oazl]age_fnsyonce_and-Vehicle Liability Insurance: The CONTRACTOR shall either require each of its sub-contractors to procure and to maintain Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified in the Supplementary General Conditions or insure the activities of its subcontractors in the CONTRACTOR's awn policy in like amount. 5. Builder's RisJS: This insurance shall be of the "all risk" type, .and unless otherwise specified in the Supplementary General Conditions, shall be written in completed value form, and shall protect the CONTRACTOR, the CITY, the ENGINEER, and the CITY's Consultants for the project against risks of damage to buildings, structures, and materials and equipment. The amount of such insurance shall be not less than the insurable value of the WORK at completion. Builder's Risk insurance shall provide for losses to be payable to the CONTRACTOR, the CITY, the ENGINEER, and the CITY's Consultants as their interests may appear. The policy shall contain a provision that in the event of payment for any loss under the coverage provided, the insurance company shall have no rights of recovery against the CONTRACTOR, the CITY, the ENGINEER, and the CITY's Consultants. The Builder's Risk policy shall insure against all risks of direct physical loss or damage to property from any external cause including flood and earthquake. Allowable exclusions, if any, shall be as specified in the Supplementary General Conditions. e. The original or a certified copy of each insurance policy and endorsements thereto shall be deposited with the CITY prior to execution of the Agreement. Specific language of the policy shall be subject t0 approval of the CITY. 5.3 Policy Requirements: a. The insurance provided by the CONTRACTOR hereunder shall be (1) with companies licensed to do business in the state of California, (2) with companies with a Best's Financial Rating of VIII or better, and (3) with companies with a Best's General Policy Policyholders Rating of not less than B++, except that in case of Worker's Compensation Insurance, participation in the State Fund, where applicable, is acceptable. b. Insurance policies required hereunder which are required to have the CITY, the ENGINEER, and the CITY'S Consultants for the project named as additional insured shall, (1) include a provision that the policies are primary and do not participate with nor are excess over any other valid and collectible insurance, (2) include a waiver of subrogation against the CITY, its agents and employees, (3) for Builders All Risk Insurance, provide for deductible amounts not exceeding 5 percent of the insurable values of the WORK of the CONTRACTOR for the perils of all risks of physical loss or damage to the Work, temporary buildings, falsework and Work in transit and shall insure against at least the following perils fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, flood, and acts of God as defined in Public Contract Code Section 7105, and claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. 5.4 Liability Insurance: In addition to the insurance required to be provided by the CONTRACTOR under Article 5.2, the CITY, at the CITY's option, may purchase and maintain at the CITY's expense the CITY's own liability insurance as will protect the CITY against claims which may arise from operations under the Contract Documents. 5.5 Property Insurance: The CITY shall not be responsible for purchasing and maintaining any property insurance to protect the interests of the CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount, will be borne by the CONTRACTOR, Subcontractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. PALM SPRINGS STADIUM REPAINTING CONDITIONS Or THE CONTRACT CITY PROJECT NO. 07.02 GENERAL CONDITIONS-PAGE 13 3f2/2007 5.13 Waiver of Rights: a. The CITY and the CONTRACTOR intend that all policies purchased in accordance with Article 5.5 will protect the CITY, the CONTRACTOR, Subcontractors, the ENGINEER, the ENGINEER's Consultants and all other persons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds in such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. The CITY and the CONTRACTOR waive all rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, the ENGINEER, the ENGINEER's Consultants and all other persons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by the CITY as trustee or otherwise payable under any policy so issued. b. In addition, the CITY waives all rights against the CONTRACTOR, Subcontractors, the ENGINEER, the ENGINEER's Consultants and the officers, directors, employees and agents of any of them, for: 1. loss due to business interruption, loss of use or other consequential loss extending beyond direct physical loss or damage to the CITY's property or the Work caused by, arising out of or resulting from fire or other peril, whether or not insured by the CITY; and 2. loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by the CITY during partial utilization pursuant to Article 14.8, after substantial completion pursuant to Article 14.7 or after final payment pursuant to Article 14.11. c. Any insurance policy maintained by the CITY covering any loss, damage or consequential loss referred to in this paragraph 5.6b shall contain provisions to the effect that in the event of payment of any such loss, damage or consequential loss the insurers will have no rights of recovery against any of the CONTRACTOR, Subcontractors, the ENGINEER, the ENGINEER's Consultants and the officers, directors, employees and agents of any of them. 5.7 Receipt and Application of Insurance Proceeds a. Any insured lass under the policies of insurance required by Article 5.5 will be adjusted with the CITY and made payable to the CITY as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.7b. The CITY shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach- If no ether special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. b. The CITY as fiduciary shall have power to adjust and settle any lass with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to the CITY's exercise of this power. If such objection be made, the CITY as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, the CITY as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, the CITY as fiduciary shall give bond for the proper performance of such duties. 5.8 Acceptance of Bonds and Insurance; Option to Replace: If either party (the CITY or the CONTRACTOR) has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within ten days after receipt of the certificates (or other evidence requested) required by paragraph 2.6c. the CITY and the CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO. 07-02 GENERAL CONDITIONS-PAGE 14 3/2/2007 such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the CONTRACTOR, such insurance in the name of the CONTRACTOR, or subcontractor, as the CITY may deem proper and may deduct the cost of taking out and maintaining such insurance from any sums which may be found or become due to the CONTRACTOR under this Contract party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.9 Partial Utilization --Property Insurance: If the CITY finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with Article 14.8; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice Thereof and in writing effectod any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account Of any such partial use or occupancy. - ARTICLE 6 --THE CONTRACTOR'S RESPONSIBILITIES 6.1 Supervision and Superintendence: The CONTRACTOR shall supervise, inspect, and direct the WORK competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the WORK in accordance with the Contract Documents. The CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but.the CONTRACTOR shall not be responsible for the negligence of others in the design or selection specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the contract documents. The CONTRACTOR shall be responsible to see that the completed WORK complies accurately with the Contract Documents, 6.2 Labor, Materials ,and Equipment: a. The CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents. Except in connection with as otherwise required for the safety Or protection of persons Or the WORK or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and the CONTRACTOR will not permit Overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without the CITY's written consent given after prior written notice to the ENGINEER. If the CONTRACTOR performs any work after regular working hours, or on Saturday, Sunday, Or any legal holiday, it shall pay the CITY any additional cost incurred by the CITY as a result of such work. b. Unless otherwise specified in the Contract Documents, the General Requirements, the CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities, and incidentals necessary for the furnishing, performance, testing, start-up, and completion of the WORK. - 6.3 Adjusting Construction Schedule: The CONTRACTOR shall adhere to the Construction Schedule established in accordance with the provisions of the specifications, as it may be adjusted from time to time as provided in the Contract Documents. 6.4 Concerning Subcontractors,Suppliers,and Others: a. The CONTRACTOR shall be fully responsible to the CITY and the ENGINEER for the acts and omissions of its subcontractors and their employees to the same extent as the CONTRACTOR is responsible for the acts and omissions of its own employees. Nothing contained in this Article shall create any contractual relationship PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO.07.02 GENERAL CONDITIONS-PAGE 15 3/2/2007 between the CITY or the ENGINEER and any sub-contractor, nor shall it relieve the CONTRACTOR of any liability or obligation under the prime Contract- b. The CONTRACTOR shall be fully responsible to the CITY and the ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR just as the CONTRACTOR is responsible for the CONTRACTOR's own acts and omissions. c. The CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR- d. All Work performed for the CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between the CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of the CITY and the ENGINEER. 6.5 Permits, License Fees, and Royalties: a, Unless otherwise provided in the Supplementary General Conditions, the CONTRACTOR shall obtain and pay for all construction permits and licenses from the agencies having jurisdiction, including the furnishing of insurance and bands if required by such agencies. The enforcement of such requirements under this Contract shall not be made the basis of claims for additional compensation. The CITY shall assist the CONTRACTOR, when necessary, in obtaining such permits and licenses. The CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the WORK, which are applicable at the time of opening of Bids, or if there are no Rids, on the Effective Date of the Agreement. The CONTRACTOR shall pay all charges of utility owners for connections to the WORK. b. The CONTRACTOR shall pay all license fees and royalties and assume ail casts incident to the use in the performance of the WORK or the incorporation in the WORK of any invention, design, process, product , or device which is the subject of patent rights or copyrights held by others. c. The CONTRACTOR shall indemnify and held harmless the CITY from and against all claims, damages, losses, and expenses (including attorney's fees and court and arbitration costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the WORK or resulting from the incorporation in the WORK of any of a particular invention, design, process, product, or device not specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of the CITY or the ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by the CITY, and shall defend all such claims in connection with any alleged infringement of such rights. 6.6 Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, the CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to the ENGINEER. The CONTRACTOR shall submit sufficient information to allow the ENGINEER, in the ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. 6.7 Laws and Regulations: a. The CONTRACTOR shall observe and comply with all federal, state, and local laws, ordinances, codes, orders, and regulations which in any manner affect those engaged or employed on the WORK, the materials used in the WORK, or the conduct of the WORK. b- The CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither the CITY nor ENGINEER shall be responsible for monitoring the CONTRACTOR's compliance with any Laws or Regulations. PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO.07-02 GENERAL CONDITIONS-PAGE 16 3/2/2007 c. If the CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, the CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom. 6.8 Taxis: The CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by the CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the WORK. 6.9 Use of Premises: The CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to (1) the Project site, (2) the and land and areas identified in and permitted by the Contract Documents, and (3) the other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements. The, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. the CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas contiguous thereto, resulting from the performance of the WORK. Should any claim be made against the CITY by any such owner or occupant because of the performance of the WORK, the CONTRACTOR shall promptly attempt to settle with such other party by agreement negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, The CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold the CITY harmless the CITY, the ENGINEER, the ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, damages, losses, and expenses (including, but not limited to, fees of architects, engineers, attorneys, and other professionals and courr and arbitration costs) arising directly, indirectly, or consequently out of any costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against the CITY, or other party against the CITY to the extent based on a claim arising out of such owner or occupant against the CITY, the ENGINEER, or any other party indemnified hereunder to the extent caused by or based upon the CONTRACTOR's performance of the WORK. 6.10 Safety and Protection: a. During the progress of the Work, the CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work the CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials. The CONTRACTOR shall leave the site clean and ready for occupancy by the CITY at Substantial Completion of the Work. The CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. b. The CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall the CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. c. The CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the WORK. The CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss. d. The CONTRACTOR shall comply with all applicable Laws and Regulations (whether referred to herein or not) of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. The CONTRACTOR shall notify owners of adjacent property and utilities when prosecution of the work of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.10c caused, directly or indirectly, in whole or in part, by the CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by the CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of the CITY or the ENGINEER or the ENGINEER's Consultant or anyone employed by any of them or anyone for whose PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT N0.07-02 GENERAL CONDITIONS-PAGE 17 3/2/2007 acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them)- the CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and the ENGINEER has issued a notice to the CITY and the CONTRACTOR in accordance with Article 14.11 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). e. In emergencies affecting the safety or protection of persons or the WORK or property at the site or adjacent thereto, the CONTRACTOR, without special instructions from the ENGINEER or the CITY instruction or authorization from the CITY or the ENGINEER, is obligated to act to prevent threatened damage, injury, or loss- The CONTRACTOR shall give the ENGINEER prompt written notice if the CONTRACTOR believes that any significant changes in the WORK or variations from the Contract Documents have been caused thereby. If the ENGINEER determines that a change in the Contract Documents is required because of the action taken by the CONTRACTOR in response to such an emergency, a Work Change Directive Change or Change Order will be issued to document the consequences of such action. 6.11 Record Documents: The CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications (issued pursuant to Article 9.3) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings shall be available to the ENGINEER for reference. Upon complefion of the Work, these record documents, Samples, and Shop Drawings shall be delivered to the ENGINEER for the CITY. 6.12 Shop Drawings and Samples: a. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements of the Technical Specifications, the CONTRACTOR shall submit Shop Drawings to the ENGINEER for review. b. The CONTRACTOR shall also have reviewed or and coordinated each shop drawing Shop Drawing or Sample with other shop drawings Shop Drawings and Samples and with the requirements of the WORK and the Contract Documents. c. The ENGINEER's review and approval of shop drawings or samples shall not relieve The CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless the CONTRACTOR has in writing called the ENGINEER's attention to each such variation at the time of submission and the ENGINEER has given written acceptance, such notice to be in a written communication separate from the submittal. 6.13 Continuing the WORK: The CONTRACTOR shall carry on the WORK and adhere to the construction schedule required to be submitted hereunder during all disputes or disagreements with the CITY. No work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Article 15.4 or as the CITY and the CONTRACTOR may otherwise agree in writing. 6-14 Warranty and Guarantee: The CONTRACTOR warrants and guarantees to the CITY, the ENGINEER, and the ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. 6.15 Indemnification: a. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify and hold harmless the CITY, the ENGINEER, the ENGINEER's Consultants and the officers, directors, employees, agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages defend, and hold harmless the CITY, the ENGINEER, the CITY's Consultants for the project and their agents, and employees from and against all claims and liability arising under or by reason of the Contract or any performance PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO. 07.02 GENERAL CONDITIONS-PAGE 18 3/2/2007 of the WORK, but not from the sole negligence or willful misconduct of the CITY or the ENGINEER or the CITY's Consultants for the project. b. The CONTRACTOR shall reimburse the CITY, the ENGINEER, and the CITY's Consultants for the project for all costs and expenses,(including but not limited to all fees and charges of engineers, architects, engineers, attorneys, and other professionals and court costs) incurred by said CITY, the ENGINEER, and the CITY's Consultants for the project in enforcing the provisions of this Article, including all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work. 6.16 Assignment of Contract: The CONTRACTOR shall not assign, sublet, sell, transfer, or otherwise dispose of the Contract or any portion thereof or its right, title, or interest therein, or obligations thereunder, without written consent of the CITY, except as imposed by law. If the CONTRACTOR violates this provision, the Contract may be terminated at the option of the CITY. In such event, the CITY shall be relieved of all liability and obligations to the CONTRACTOR and to its assignee or transferee, growing out of such termination. ARTICLE 7—OTHER WORK 7.1 Related Work at Site: a. The CITY may perform other work related to the Project at the site by the CITY's own forces, have other work performed by utility owners, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to the CONTRACTOR prior to starting any such other work. b. The CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct contract or the CITY, if the CITY is performing the additional work with the CITY's employees), proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, the CONTRACTOR shall do all cutting, fitting, and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. The CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the ENGINEER and the others whose work will be affected. c. If any part of the CONTRACTOR's work depends, for proper execution or results, upon the work of any such other contractor or utility owner (or the CITY), the CONTRACTOR shall inspect such other work and promptly report to the ENGINEER in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of the CONTRACTOR's Work. The CONTRACTOR's failure to so to report will constitute an acceptance of such other work as fit and proper for integration with the CONTRACTOR's Work except for latent or non-apparent defects and deficiencies in such other work. 7.2 coordination: a. If the CITY contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary General Conditions: 1. The person, firm or, corporation, or other organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; in the Supplementary General Conditions. 2. The specific matters to be covered by such authority and responsibility will be itemized; and $- The extent of such authority and responsibilities shall be as provided. PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO.07.02 GENERAL CONDITIONS-PAGE 1S 3/2/2007 b. Unless otherwise provided in the Supplementary General Conditions, neither the CITY nor the ENGINEER shall have sole authority and responsibility in respect of such coerdination- ARTICLE 8— CITY'S RESPONSIBIL[TIES 8.1 Except as otherwise provided in these General Conditions, the CITY shall issue all communications to the CONTRACTOR through their designated Project Representative- 8.2 The CITY shall furnish the data required of the CITY under the Contract Documents promptly and shall make payments to the CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.3 The CITY's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Articles 4.1, 4.2, and 4.4. The CITY shall identify and make available to the CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by the ENGINEER in preparing the Contract Documents. 8.4 The CITY's responsibility in respect of certain inspections, tests, and approvals is set forth in paragraph 13.4b. 8.5 In connection with the CITY's right to stop Work or suspend Work, see Articles 13.6, 15.1, and 15.2. deals with the CITY's right to terminate services of the CONTRACTOR under certain circumstances. 8.6 The CITY shall not supervise, direct, or have control or authority over, nor be responsible for, the CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of the CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. The CITY will not be responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 8.7 The CITY's responsibility in respect of undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in Article 4.6, ARTICLE 9 --THE ENGINEER'S STATUS DURING CONSTRUCTION 9.1 The CITY's Representative: The ENGINEER will be the CITY's representative during the construction period. 9.2 Visits to Site: The ENGINEER or the ENGINEER's authorized representative will make visits to the site at intervals appropriate to the various stages of construction as the ENGINEER deems necessary in order to observe the progress that has been made and the quality of the various aspects of the CONTRACTOR's executed Work. 9.3 Clarifications and Interpretations: The ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as the ENGINEER may determine necessary. 9.4 Authorized Variations in the Work: The ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents- These may be accomplished by a Field Order and will be binding on the CITY and also on the CONTRACTOR, who shall perform the Work involved promptly. PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO.07-02 GENERAL CONDITIONS-PAGE 20 3/212007 9.5 Rejecting Defective Work: The ENGINEER, acting through its authorized representative, will have authority to disapprove or reject Work which the ENGINEER believes to be defective, or that the ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project. 9.6 Shop Drawings, Change Orders, and Payments: The ENGINEER will review all the CONTRACTOR submittals, including shop drawings, samples, substitutes, or "or equal" items, etc., in accordance with the procedures set forth in Article 6.12, inclusive, and the General Requirements of the Technical Specifications. 9.7 Determinations for Unit Prices: The ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by the CONTRACTOR- The ENGINEER will review with the CONTRACTOR, the ENGINEER'S preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). The ENGINEER'S written decision thereon will be final and binding upon the CITY and the CONTRACTOR, unless within 10 days after the date of any such decision, either the CITY or the CONTRACTOR delivers to the Other and to the ENGINEER written notice of intention to appeal from the ENGINEER's decision- 9.8 Decisions on Disputes: a. The ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes, and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to the ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute, and/or other matter shall be delivered by the claimant to the ENGINEER and the other party to the Agreement promptly (but in no event later than 30 days) after the start of the occurrence or event giving rise thereto. b. When functioning as interpreter and judge under Articles 9.7 or 9.8, the ENGINEER will not show partiality to the CITY or the CONTRACTOR and shall not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by the ENGINEER pursuant to Articles 9.7 or 9.8 with respect to any such claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment as provided in Article 14.14) will be a condition precedent to any exercise by the CITY or the CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute, or other matter pursuant to Article 16. 9.9 Limitations an the ENGINEER's Authority and Responsibilities: a. Neither the ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by the ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by the ENGINEER shall create, impose or give rise to any duty owed by the ENGINEER to the CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. b. Whenever in the Contract Documents the terms "as ordered," "as directed," "as required," "as allowed," "as reviewed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review, or judgment of the ENGINEER as to the WORK, it is intended that such requirement, direction, review, or judgment will be solely to evaluate the WORK for compliance with the Contract Documents, unless there is a specific statement indicating otherwise. The use of any such term or adjective shall not be effective to PALM SPRINGS STADIUM REPAINTING CONDITIONS Or THE CONTRACT CITY PROJECT NO,07-02 GENERAL CONDITIONS-PAGE 21 3/2/2007 assign to the ENGINEER any duty or authority to supervise or direct the performance of the WORK or any duty or authority to undertake responsibility contrary to the provisions of paragraphs 9.9c or 9.9d, herein. c. The ENGINEER will not supervise, direct, control or have authority over or be responsible for the CONTRACTOR's means, methods, techniques, sequences or procedures of constriction, or the safety precautions and programs incident thereto, or for any failure of the CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. The ENGINEER will not be responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. d- The ENGINEER will not be responsible for the acts or omissions of the Contractor nor of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. e. The ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, and certificates of inspection, tests, and approvals and other documentation required to be delivered by Article 14.10 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. f. The limitations upon authority and responsibility set forth in this Article 9.9 shall also apply to the ENGINEER's Consultants, Project Representative, and assistants. ARTICLE 10 —CHANGES IN THE WORK 10.1 General: a. Without invalidating the Agreement and without notice to any surety,the CITY may, at any time or from time to time, order additions, deletions, or revisions in the Work; such additions, deletions or revisions will be authorized by a written Change Order or a Work Change Directive issued by the ENGINEER or the CITY. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved. b. If the CITY and the CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 11 or Article 12. c. The CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified, and supplemented as provided in Article 3.4 except in the case of an emergency as provided in paragraph 6.10e or in the case of uncovering Work as provided in paragraph 13.5b. d. The CITY and the CONTRACTOR shall, except as otherwise provided, execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering! 1. Changes in the Work which are ordered by the CITY pursuant to paragraph 10.1 a; and 2. Changes in the Contract Price or Contract Times which are agreed to by the parties. provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in Article 6.13. Change Orders or Work Change Directives,issued in accordance with Section 10.1d(1) above are not required to be executed by the CONTRACTOR unless payment is to be per Section 11.10(2)herein. e. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be the CONTRACTOR's responsibility, and the amount of each applicable Bond shall be adjusted accordingly. 10.2 Allowable Quantity Variations on Unit Price Contracts: PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO. 07-02 GENERAL CONDITIONS-PAGE 22 3/2/2007 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. 10.3 Increases of More Than 25 Percent on Unit Price Contracts: a. On a unit price contract, should the total quantity of any item of work required under the Contract exceed the ENGINEER's Estimate therefor 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 therefor will be paid for by adjusting the Contract Unit Price, as hereinafter provided, or at the option of the CITY, payment for the work involved in such excess will be made on the basis of force account as provided in Article 11. b. Such adjustment of the Contract Unit Price will be the difference between the Contract Unit Price and the actual unit cast, which will be determined as hereinafter provided, of the total pay quamity of the item. If the costs applicable to such item of work include fixed casts, 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 cast will be determined by the ENGINEER in the same manner as if the work were to be paid for on a force account basis as provided in Article 11, herein, or such adjustment will be as agreed to by the CONTRACTOR and the CITY. c. When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the ENGINEER's Estimate is less than $5,000 at the applicable Contract Unit Price, the ENGINEER reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the CONTRACTOR. 10.4 Decreases of More Than 25 Percent on Unit Price Contracts: a. On unit price contracts, should the total pay quantity of any item of work required under the contract be less than 75 percent of the ENGINEER's Estimate therefor, an adjustment in compensation pursuant to this Section will not be made unless the CONTRACTOR so requests in writing. If the CONTRACTOR so requests, the quantity of said item performed, unless covered by an executed contract change order specifying the compensation payable therefor, will be paid for by adjusting the Contract Unit Price as hereinafter provided, or at the option of the ENGINEER, payment for the quantity of the work of such item performed will be made on the basis of force account as provided in Article 11, herein; 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. b. 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 on a force account basis as provided in Article 11; or such adjustment will be as agreed to by the CONTRACTOR and the CITY. c. 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. 10,5 Eliminated Items on Unit Price Contracts: a. 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- b. 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 PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO.07-02 GENERAL CONDITIONS-PAGE 23 3/2/2007 the actual cast of any further handling will be paid for by the CITY. If the material is returnable to the vendor and if the ENGINEER so directs the CONTRACTOR, the material shall be returned and the CONTRACTOR will be paid for the actual cost of charges made by the vendor for returning the material. The actual cost of handling returned material will be paid for. c. The actual costs or charges to be paid by the CITY to the CONTRACTOR as provided in this Article 10 will be computed in the same manner as if the work were to be paid for on a force account basis as provided in Article 11. ARTICLE 11 —CHANCE OF CONTRACT PRICE 11.1 General: a. The Contract Price constitutes the total compensation (subject to CITY-authorized adjustments) payable to the CONTRACTOR for performing the Work. All duties, responsibilities, and obligations assigned to or undertaken by the CONTRACTOR shall be at its expense without change in the Contract Price. b. The Contract Price may only be changed by a Change Order. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to the ENGINEER promptly (but in no event later than 30 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within 60 days after such Occurrence (unless the ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect, and consequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by the ENGINEER in accordance with Article 9.7, herein, if the CITY and the CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11-1b- c. The value of any Work covered by a Change Order or Work Change Directive or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 1. Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved. 2. By mutual acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Article 11.4, herein. 3. On the basis of the Cost of the Work (determined as provided in Articles 11.2 and 11.3, herein), plus the CONTRACTOR's Fee for overhead and profit (determined as provided in Article 11.4, herein). 11.2 Cost of Work(Based on Time, Materials,and Equipment and CONTRACTOR's Overhead and Profit): a. General: The term "Cast of Work" shall mean the sum of all costs necessarily incurred and paid by the CONTRACTOR for labor, materials, and equipment plus CONTRACTOR's overhead, and profit in the proper performance of work. Except as otherwise may be agreed to in writing by the CITY, such costs shall be in amounts no higher than those prevailing in the locality of the Project. b- Labor: The cost of labor used in performing work by the CONTRACTOR, a subcontractor, or other forces will be the sum of the following: 1. The actual wages paid plus any employer payments to, or on behalf of workers for fringe benefits including health and welfare, pension, vacation, and similar purposes. The cost of labor may include the wages paid to foremen when determined by the ENGINEER that the services of foremen do not constitute a part of the overhead allowance as defined in Article 1 1.4, herein. 2. To the actual wages, as defined in paragraph 112b(1), herein, will be added a labor surcharge set forth in the California Department of Transportation publication entitled Labor Surcharge and Equipment Rates, PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO. 07-02 GENERAL CONDITIONS-PAGE 24 3/2/2007 which is in effect on the date upon which the Work is accomplished and which is hereby included as a part of these General Conditions by this reference thereto. Said labor surcharge shall constitute full compensation for all payments imposed by the State and Federal laws and for all other payments made to, or on behalf of, the workers, other than actual wages as defined in paragraph 11.2b(1), herein, and subsistence and travel allowance as specified in paragraph 11.2b(3), herein. 3. The amount paid for subsistence and travel required by collective bargaining agreements, or in accordance with the regular practice of the employer. At the beginning of the extra work and as later requested by the ENGINEER, the CONTRACTOR shall furnish the ENGINEER proof of labor compensation rates being paid. e. Materials: The cost of materials used in performing work will be the cost to the purchaser, whether CONTRACTOR or subcontractor, from the supplier thereof, except as the following are applicable: 1. Trade discounts available to the purchaser shall be credited to the CITY notwithstanding the fact that such discounts may not have been taken by the CONTRACTOR. 2. For materials secured by other than a direct purchase and direct billing to the purchaser, the cost shall be deemed to be the price paid to the actual supplier as determined by the ENGINEER. Markup except for actual costs incurred in the handling of such materials will not be allowed. 3. Payment for materials from sources owned wholly or in part by the purchaser shall not exceed the price paid by the purchaser for similar materials from said sources on extra work items or the current wholesale price for such materials delivered to the work site, whichever price is lower. 4. If in the opinion of the ENGINEER the cast of material is excessive, or the CONTRACTOR does not furnish satisfactory evidence of the cost of such material, then the cost shall be deemed to be the lowest current wholesale price for the quantity concerned delivered to the work site less trade discount. The CITY reserves the right to furnish materials for the extra work and no claim shall be made by the CONTRACTOR for costs, overhead, and profit on such materials- d. Equipment: The CONTRACTOR will be paid for the use of equipment at the rental rate listed for such equipment specified in the Supplementary General Conditions. Such rental rate will be used to compute payments for equipment whether the equipment is under the CONTRACTOR's control through direct ownership, leasing, renting, or another method of acquisition. The rental rate to be applied for use of each items of equipment shall be the rate resulting in the least total cost to the CITY for the total period of use. If it is deemed necessary by the CONTRACTOR to use equipment not listed in the foregoing publication, an equitable rental rate for the equipment will be established by the ENGINEER. The CONTRACTOR may furnish cost data which might assist the ENGINEER in the establishment of the rental rate. 1. All equipment shall, in the opinion of the ENGINEER, be in good working condition and suitable for the purpose for which the equipment is to be used- 2- Before construction equipment is used on the extra work, the CONTRACTOR shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the ENGINEER, in duplicate, a description of the equipment and its identifying number. 3. Unless otherwise specified, manufacturer's ratings and manufacturer approved modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer. 4. Individual pieces of equipment or tools having a replacement value of $200 or less, whether or not consumed by use, shall be considered to be small tools and no payment will be made therefor. 5. Rental time will not be allowed while equipment is inoperative due to breakdowns. PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO.07-02 GENERAL CONDITIONS-PAGE 25 3/2/2007 e. Equipment on the Work: The rental time to be paid for equipment on the work shall be the time the equipment is in productive operation on the extra work being performed and, in addition, shall include the time required to move the equipment to the location of the extra work and return it to the original location or to another location requiring no more time than that required to return it to its original location; except, that moving time will not be paid if the equipment is used on other than the extra work, even though located at the site of the extra work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power, except that no payment will be made for loading and transporting costs when the equipment is used at the site of the extra work on other than the extra work_ The following shall be used in computing the rental time of equipment on the work. 1. When hourly rates are listed, any part of an hour less than 30 minutes of operation shall be considered to be 1/2-hour of operation, and any part of an hour greater than 30 minutes will be considered one hour of operation. 2. When daily rates are listed, any part of a day less than 4 hours operation shall be considered to be 1/2-day of operation. 3. When owner-operated equipment is used to perform extra work to be paid for on a time and materials basis, the CONTRACTOR will be paid for the equipment and operator, as set forth in Subparagraphs (4), (5), and (6), following: 4. Payment for the equipment will be made in accordance with the provisions in paragraph 11.2d, herein. 5. Payment for the cost of labor and subsistence or travel allowance will be made at the rates paid by the CONTRACTOR to other workers operating similar equipment already on the Work, or in the absence of such labor, established by collective bargaining agreements for the type of workmen and location of the extra work, whether or not the operator is actually covered by such an agreement. A labor surcharge will be added to the cost of labor described herein in accordance with the provisions of paragraph 11.2b, herein, which surcharge shall constitute full compensation for payments imposed by state and federal laws and all other payments made to on behalf of workers other than actual wages. 6. To the direct cost of equipment rental and labor, computed as provided herein, will be added the allowances for equipment rental and labor as provided in Article 11.4, herein. 11.3 Special Services: a. Special work or services are defined as that work characterized by extraordinary complexity, sophistication, or innovation or a combination of the foregoing attributes which are unique to the construction industry. The following may be considered by the ENGINEER in making estimates for payment for special services: 1. When the ENGINEER and the CONTRACTOR, by agreement, determine that a special service or work is required which cannot be performed by the forces of the CONTRACTOR or those of any of its subcontractors, the special service or work may be performed by an entity especially skilled in the work to be performed. After validation of invoices and determination of market values by the ENGINEER, invoices for special services or work based upon the current fair market value thereof may be accepted without complete itemization of labor, material, and equipment rental costs. 2. When the CONTRACTOR is required to perform work necessitating special fabrication or machining process in a fabrication or a machine shop facility away from the job site, the charges for that portion of the work performed at the off-site facility may, by agreement, be accepted as a special service and accordingly, the invoices for the work may be accepted without detailed itemization. 3. All invoices for special services will be adjusted by deducting all trade discounts offered or available, whether the discounts were taken or not- In lieu of the allowances for overhead and profit specified in Article 11.4, herein, an allowance of 5 percent will be added to invoices for special services. b. All work performed hereunder shall be subject to all of the provisions of the Contract Documents and the CONTRACTOR's sureties shall be bound with reference thereto as under the original Agreement. Copies of all PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO,07-02 GENERAL CONDITIONS•PAGE 26 312/2007 amendments to surety bonds or supplemental surety bonds shall be submitted to the CITY for review prior to the performance of any work hereunder- 11.4 CONTRACTOR's Overhead and Profit: a. Work ordered on the basis of time and materials will be paid for at the actual necessary cost as determined by the ENGINEER, plus allowances for overhead and profit. For extra work involving a combination of increases and decreases in the Work the actual necessary cost will be the arithmetic sum of the additive and deductive costs. The allowance for overhead and profit shall include full compensation for superintendence, bond and insurance premiums, taxes, office expense, and all other items of expense or cost not included in the cost of labor, materials, or equipment provided for under Paragraphs 112b, c, and d, herein including extended overhead and home office overhead. The allowance for overhead and profit will be made in accordance with the fallowing schedule: ACTUAL OVERHEAD NECESSARY AND PROFIT COST ALLOWANCE Labor 24 percent Materials 15 percent Equipment 15 percent b. It is understood that labor, materials, and equipment may be furnished by the CONTRACTOR or by the subcontractor on behalf of the CONTRACTOR. When all or any part of the extra work is performed by a subcontractor, the allowance specified herein shall be applied to the labor, materials, and equipment costs of the subcontractor, to which the CONTRACTOR may add 5 percent of the subcontractor's total cost for the extra work. Regardless of the number of hierarchical tiers of subcontractors, the 5-percent increase above the subcontractor's total cost which includes the allowances for overhead and profit specified herein may be applied one time only for each separate work transaction. No markup allowance will be made for sub-sub-contractors or below. 11.5 Records: a- The CONTRACTOR shall maintain its records in such a manner as to provide a clear distinction between the direct costs of each separate item of extra work, disputed work, emergency work, or other work paid for on a Cast of Work basis and the costs of other operations. b. From the foregoing records, the CONTRACTOR shall furnish the ENGINEER completed Daily Work Reports, on forms furnished by the CITY, for each day's work or portion of each day's work to be paid for on a Cast of Work basis. The Daily Work Reports shall itemize the materials used, and shall cover the direct cost of labor and the charges for equipment rental, whether furnished by the CONTRACTOR, subcontractor, or other forces, except for charges described in Article 11.3, "Special Services." The Pally Work Reports shall provide names or identifications and classifications of all workmen, the hourly rate of pay and hours worked by each, and also the size, type, and identification number of equipment, and the hours operated- c. Material charges shall be substantiated by valid copies of vendor's invoices- Such invoices shall be submitted with the Daily Work Reports, or if not available, they shall be submitted with subsequent Daily Work Reports. Should said vendor's invoices not be submitted within 60 days after the date of delivery of the material or within 15 days after the acceptance of the Contract, whichever occurs first, the CITY reserves the right to establish the cost of such materials at the lowest current wholesale prices at which said materials were available in the quantities concerned delivered to the location of work less any discounts as provided in paragraph 11.2c, herein. d. Said Daily Work Reports shall be signed by the CONTRACTOR or its authorized representative. e- The ENGINEER will compare his or her records with the completed Daily Work Reports furnished by the CONTRACTOR and make any necessary adjustments- When these Daily Work Reports are agreed upon and signed by both parties, said reports shall become the basis of payment for the work performed, but shall not preclude subsequent adjustment based on a later audit by the CITY. PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO.07-02 GENERAL CONDITIONS-PAGE 27 3/2/2007 f. The CONTRACTOR's cost records pertaining to work paid for on a Cost of Work basis shall be open to inspection or audit by representatives of the CITY, during the life of the contract and for a period of not less than 3 years after the date of acceptance thereof, and the CONTRACTOR shall retain such records for that period. Where payment or labor is based on the cost thereof to forces other than the CONTRACTOR, the CONTRACTOR shall make every reasonable effort to insure that the cast records of such other forces will be open to inspection and audit by representatives of the CITY on the same terms and conditions as the cast records of the CONTRACTOR. If an audit is to be commenced more than 60 days after the acceptance date of the contract, the CONTRACTOR will be given a reasonable notice of the time when such audit is to begin- ARTICLE 12--CHANGE OF CONTRACT TIMES 12.1 General: a. The Contract Times may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times shall be based on written notice delivered by the party making the claim to the other party and to the ENGINEER promptly (but in no event later than 30 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within 60 days after such occurrence (unless the ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times shall be determined by the ENGINEER in accordance with Article 9.8 if the CITY and the CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times will be valid if not submitted in accordance with the requirements of this Article 12.1. b. All time limits stated in the Contract Documents are of the essence of the Agreement. c. Where the CONTRACTOR is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of the CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a claim is made therefor as provided in Article 12.1. Delays beyond the control of the CONTRACTOR shall include, but not be limited to, acts or neglect by the CITY, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, herein, or by acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, labor disputes, sabotage, or freight embargoes. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of the CONTRACTOR. d. Where the CONTRACTOR is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of both the CITY and the CONTRACTOR, an extension of the Contract Times in an amount equal to the time last due to such delay shall be the CONTRACTOR's sole and exclusive remedy for such delay. In no event shall the CITY be liable to the CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from 0) delays caused by or within the control of the CONTRACTOR, or 60 delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of Gad or acts or neglect by utility owners or other contractors performing other work. ARTICLE 13 -- WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE or DEFECTIVE WORK 13.1 Warranty and Guarantee: The CONTRACTOR warrants and guarantees to the CITY and the ENGINEER that all work will be in accordance with the Contract Documents and will not be defective. Neither the right to inspect, nor the presence of inspectors, the ENGINEER, consultants, or testing agencies hired by the CITY or the ENGINEER, nor their general review or approval shall relieve the CONTRACTOR from its obligations to perform the WORK in accordance with the Contract Documents. 13.2 Notice of Defects: PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO.07-02 GENERAL CONDITIONS-PAGE 28 3/2/2007 13.2 Notice of Defects: Prompt notice of all defective Work of which the CITY or the ENGINEER have actual knowledge will be given to the CONTRACTOR. All defective Work may be rejected, corrected, or accepted as provided in this Article 13, 13.3 Access to the WORK: The CITY, the ENGINEER the ENGINEER's Consultants, other representatives and personnel of the CITY and the ENGINEER, independent testing laboratories and governmental agencies with jurisdictional interests shall have access to the WORK at reasonable times for their observation, inspecting, and testing. The CONTRACTOR shall provide them with proper and safe conditions for such access and advise them of the CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. 13.4 Tests and Inspections; a. The CONTRACTOR shall give the ENGINEER timely notice of readiness of the WORK for all required inspections, tests or approvals, but in no event less than 24 hours notice-The CONTRACTOR shall cooperate with inspection and testing personnel to facilitate required inspections or tests. b, The CITY will employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests or approvals covered by paragraph 13.4c below; 2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.5b below shall be paid as provided in said paragraph 13.5b; and 3. as otherwise specifically provided in the Contract Documents. c, If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, the CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish the ENGINEER the required certificates of inspection, or approval. The CONTRACTOR shall also be responsible for arranging and obtaining and shall pay ail costs in connection with any inspections, tests Or approvals required for the CITY's and the ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to the CONTRACTOR's purchase thereof for incorporation in the WORK d. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by the CONTRACTOR without written concurrence of the ENGINEER, it shall, if requested by the ENGINEER, be uncovered for observation. e. Uncovering Work as provided in paragraph 13.4d shall be at the CONTRACTOR's expense unless the CONTRACTOR has given the ENGINEER timely notice of the CONTRACTOR's intention to cover the same and the ENGINEER has not acted with reasonable promptness in response to such notice. 13.5 Uncovering Work: a. If any WORK is covered contrary to the written request of the ENGINEER, it shall , if requested by the ENGINEER, be uncovered for the ENGINEER's observation and replaced at the CONTRACTOR's expense. b. If the ENGINEER considers It necessary or advisable that covered Work be observed by the ENGINEER or inspected or tested by others, the CONTRACTOR, at the ENGINEER's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing, as the ENGINEER may require, that portion of the WORK in question, and shall furnish all necessary labor, material, and equipment. If it is found that such Work is defective, the CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection, and testing and Of satisfactory replacement or reconstruction, including but not limited to all costs of repair or replacement of work of others); and the CITY shall be entitled to PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO. 07-02 GENERAL CONDITIONS-PAGE 29 3/2/2007 an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. c. The CONTRACTOR shall permit on-site video taping, still photography, or motion picture photography of the construction project. The CITY will notify the CONTRACTOR prior to the commencement of any video taping and/or photography by the CITY personnel and/or its agents and shall make a reasonable effort to give the CONTRACTOR at least 24 hours of its intent to video tape or photograph the project. The CONTRACTOR shall cooperate with and shall coordinate with CITY personnel or their authorized representatives in its efforts to carry out such video taping and/or photography. The CONTRACTOR shall give notice to all employees and subcontractors of such video taping and/or photography to be out of view of the camera, if requested to do so, during video taping and or photographing of the construction project. 13.6 CITY May Stop the WORK: If the WORK is defective, or the CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed WORK will conform to the Contract Documents, the CITY, acting independently or through the Project Representative, may order the CONTRACTOR to stop the WORK, or any portion thereof, until the cause for such order has been eliminated; however, this right of the CITY to stop the WORK shall not give rise to any duty on the part of the CITY to exercise this right for the benefit of the CONTRACTOR or any surety or other party. 13.7 Correction or Removal of Defective WORK: If required by the ENGINEER, acting directly or through the Project Representative, the CONTRACTOR shall promptly, as directed, either correct all defective WORK, whether or not fabricated, installed or completed, or, if the WORK has been rejected by the ENGINEER, the CONTRACTOR shall remove it from the site and replace it with Work that is not defective. The CONTRACTOR shall pay all claims, costs, losses, and damages caused by or resulting from such correction or removal (including but not limited to all costs of-repair or replacement of the Work of Others). 13.8 Correction Period: a. If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any WORK is found to be defective, the CONTRACTOR shall promptly, without cost to the CITY and in accordance with the CITY's written instructions: (1) correct such defective WORK, or, if it has been rejected by the CITY, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If the CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the CITY may have the defective WORK corrected or the rejected WORK removed and replaced, and all direct, indirect and consequential costs of such removal and replacement, including claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by the CONTRACTOR. b- In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the WORK, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. c. Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this Article 13.6, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. d. Unless otherwise provided in the Supplementary General Conditions, the CONTRACTOR shall provide a post-construction, correction and repair Performance Band in the amount of 100 percent of the Contract Price to cover all correction and repairs or other corrective work required hereunder, and shall maintain such Bond in full force and effect for one full year following the Notice of Completion. PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO.07-02 GENERAL CONDITIONS•PAGE 30 3/212007 13.9 Acceptance of Defective WORK: If, instead of requiring correction or removal and replacement of defective Work, the CITY (and, prior to the ENGINEER's recommendation of final payment, also the ENGINEER) prefers to accept it, the CITY may do so. The CONTRACTOR shall pay all claims, costs, lasses and damages attributable to the CITY's evaluation of and determination to accept such defective WORK (such costs to be subject to approval by the ENGINEER as to reasonableness). If any such acceptance occurs prior to the ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the WORK; and the CITY shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, the CITY may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by the CONTRACTOR to the CITY. 13.10 The CITY May Correct Defective Work: If the CONTRACTOR fails within a reasonable time after written notice from the ENGINEER to correct defective Work or to remove and replace rejected Work as required by the ENGINEER in accordance with Article 13.7, or if the CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if the CONTRACTOR fails to comply with any other provision of the Contract Documents, CITY may, after 7 days' written notice to the CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph the CITY shall proceed expeditiously_ In connection with such corrective and remedial action, the CITY may exclude the CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend the CONTRACTOR's services related thereto, take possession of the CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stared at the site or for which the CITY has paid the CONTRACTOR but which are stored elsewhere. The CONTRACTOR shall allow the CITY, the CITY's representatives, agents and employees, the CITY's other contractors and the ENGINEER and the ENGINEER's Consultants access to the site to enable the CITY to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by the CITY in exercising such rights and remedies will be charged against the CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the CITY shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, the CITY may make a claim therefor as provided in Article 11. Such claims, costs, losses, and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of the CONTRACTOR's defective Work. The CONTRACTOR shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by the CITY of the CITY's rights and remedies hereunder. ARTICLE 14--PAYMENTS TO THE CONTRACTOR AND COMPLETION 14.1 Schedule of Values (Lump-Sum Price Breakdown): The schedule of values or lump-sum price breakdown established as provided for in the Contract Documents shall serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to the ENGINEER. 14.2 Unit Price Bid Schedule: Progress payments on account of Unit Price Work will be based on the number of units completed. 14.3 Application for Progress Payment: a. Unless otherwise prescribed by law, on a prearranged date each month, the CONTRACTOR shall submit to the ENGINEER for review, through the Project Representative, an Application for Payment filled out and signed by the CONTRACTOR covering the WORK completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. b. The Application for Payment shall identify, as a sub-total, the amount of the CONTRACTOR's Total Earnings to Date, plus the Value of Materials at the site which have not yet been incorporated into the WORK, and less a PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO. 07.02 GENERAL CONDITIONS-PAGE 31 3/2/2007 deductive adjustment for materials installed which were not previously incorporated into the WORK, but for which payment was allowed under the provisions for payment for Materials Stored at the Site, but not yet incorporated in the WORK. c. The Net Payment Due to the CONTRACTOR shall be the above-mentioned sub-total from which shall be deducted the amount of retainage specified in the Contract Documents, and the total amount of all previous payments made to the CONTRACTOR. All CONTRACTOR payment requests must be accompanied by Conditional Waiver and Release certificates from the CONTRACTOR and all subcontractors and suppliers for whom payment is requested. d. Except as otherwise provided in the Supplementary General Conditions, the value of Materials Stared at the Site shall be an amount equal to the specified percentage of value of such materials as set forth in the Supplementary General Conditions. Said amount shall be based upon the value of all acceptable materials and equipmernt not incorporated in the WORK but delivered and suitably stored at the site; provided, that each such individual item of material or equipment has a value of more than $5000 and will became a permanent part of the WORK. The Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that the CONTRACTOR has received the materials and equipment free and clear of all Stop Notice claims, charges, security interests, and other encumbrances. and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect the CITY's interest therein, all of which must be satisfactory to the CITY. 14R CONTRACTOR's Warranty of Title: The CONTRACTOR warrants and guarantees that title to all WORK, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to the CITY no later than the time of final payment free and clear of all Stop Notice claims. 14.5 Review of Applications for Progress Payments- a. Upon receipt of each application for payment, the ENGINEER will either indicate in writing a recommendation of payment and present the Application to the CITY , or return the Application to the CONTRACTOR indicating in writing the ENGINEER's reasons for refusing to recommend payment. In the latter case, the CONTRACTOR may make the necessary corrections and promptly resubmit the Application. Thirty-five days after presentation of the application for Payment to the CITY with the ENGINEER's recommendation, the amount recommended will (subject to the provisions of paragraph 14.5b) become due and when due will be paid by the CITY to the CONTRACTOR. b. The ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by the ENGINEER to the CITY, based on the ENGINEER's on-site observations of the executed WORK as an experienced and qualified design professional and on the ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of the ENGINEER's knowledge, information and belief the WORK has progressed to the point indicated; the quality of the WORK is generally in accordance with the Contract Documents; and the conditions precedent to the CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is the ENGINEER's responsibility to observe the WORK. c. The ENGINEER's recommendation of any payment, including final payment, shall not mean that the ENGINEER is responsible for the CONTRACTOR'S means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of the CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of WORK, or for any failure of the CONTRACTOR to perform or furnish WORK in accordance with the Contract Documents. d. The ENGINEER may refuse to recommend the whole or any part of any payment if, in the ENGINEER's opinion, subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in the ENGINEER's opinion to protect the CITY from loss because: 1. the WORK is defective, or completed WORK has been damaged requiring correction or replacement, 2. the Contract Price has been reduced by Written Amendment or Change Order, PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO.07-02 GENERAL CONDITIONS-PAGE 32 3/2/2007 3. CITY has been required to correct defective WORK or complete WORK in accordance with Article 13.10, or 4. The ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2a,2 through 15.2a.5, inclusive. e. The CITY may refuse to make payment of the full amount recommended by the ENGINEER because: 5, claims have been made against the CITY on account of the CONTRACTOR's performance of the WORK or Stop Notices that have been filed pursuant to the provisions of Section 3179 et seq. of the California Civil Cade 6. Stop Notices have been filed in connection with the WORK, except where the CONTRACTOR has delivered a Stop Notice Release Bond satisfactory to the CITY to secure the satisfaction and discharge of such Liens, 7. there are other items entitling the CITY to a credit against the amount recommended, as provided in paragraph 14.11c, herein, or 8. the CITY has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.5d.1 through 14.5d.3 or paragraphs 15.2a.2 through 15-2a.5, inclusive; f. The CITY must give the CONTRACTOR written notice within 5 days (with a copy to the ENGINEER) stating the reasons for such action and promptly pay the CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by the CITY and the CONTRACTOR, when the CONTRACTOR corrects to the CITY's satisfaction the reasons. 14.6 Beneficial Use or Occupancy and Partial Utilization: a. Partial Utilization: The CITY shall have the right to utilize or place into service any item of equipment or other usable portion of the WORK prior to completion of the WORK. Whenever the CITY plans to exercise said right, the CONTRACTOR will be notified in writing by the CITY, identifying the specific portion or portions of the WORK to be so utilized or otherwise placed into service. b. It shall be understood by the CONTRACTOR that until such written notification is issued, all responsibility for care and maintenance of all items or portions of the WORK to be partially utilized shall be borne by the CONTRACTOR, Upon issuance of said written notice of partial utilization, the CITY will accept responsibility for the protection and maintenance of all such items or portions of the WORK described in the written notice. c. Beneficial Use or Occupancy: The CITY Shall have the right, at its option and convenience, to occupy or otherwise make use of all or any part of the project premises at any time prior to substantial completion, upon 14 days written notice to the CONTRACTOR. Beneficial occupancy or use shall be subject to the following conditions! 1, The CITY shall use its best efforts to prevent occupancy from interfering with the conduct of the CONTRACTOR's remaining work; 2. The CONTRACTOR shall not be required to repair damage to the premises if the same was caused by the CITY's occupancy or use; 3. The one-year correction period for those portions of the premises occupied and equipment used by the CITY shall start as of the date of actual occupancy or use; 4. Occupancy or use shall not constitute acceptance by the CITY either of the completed work or any portion thereof, nor will it relieve the CONTRACTOR from full responsibility for correcting defective work or materials found before completion and acceptance of all the work during the period specified in Article 13.8, herein; PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO.07-02 GENERAL CONDITIONS-PAGE 33 3/2/2007 5. Occupancy or use shall not be deemed to be the equivalent of filing a Notice of Substantial Completion/Notice of Completion or a Cessation of Labor; 6- There shall be no added cost to the CITY due to pre-completion occupancy or use; 7. The CONTRACTOR and its surety shall execute a "No Change in Price" Change Order prepared pursuant to this Article 14.5; 8. Effective 12:01 a-m, standard time at the project site at the date of beneficial occupancy or use stipulated in the Change Order, the CONTRACTOR shall be released from the obligations of maintaining fire and extended coverage insurance covering those portions of the premises occupied by the CITY pursuant to this Article 14, but shall maintain all other insurance required by the Contract in full force and effect. The CITY shall obtain fire and extended coverage insurance or maintain equivalent self-insurance covering those portions of the premises occupied or used pursuant to this Article 14.6. 14.7 Substantial Completion: a- When the CONTRACTOR considers the entire Work ready for its intended use the CONTRACTOR shall notify the CITY and the ENGINEER in writing, through the Project Representative, that the entire Work is substantially complete (except for items specifically listed by the CONTRACTOR as incomplete) and request that the ENGINEER issue a Notice of Completion/Substantial Completion. Within a reasonable time thereafter, the CITY, the CONTRACTOR, and the ENGINEER shall make an inspection of the WORK to determine the status of completion. If the Project Representative and/or the ENGINEER does not consider the WORK substantially complete, the ENGINEER, through the Project Representative will notify the CONTRACTOR in writing, giving the reasons therefor. Upon recommendation of the Project Representative, if the ENGINEER considers the WORK substantially complete, the ENGINEER will prepare and deliver to the CITY for its execution and recordation the Notice of Substantial Completion/Notice of Completion signed by the CITY, the ENGINEER, and the CONTRACTOR, which shall fix the date of Completion- As applicable,there shall be attached to the Notice a list of items to be completed or corrected before release of retainage or funds withheld to secure payment for such items remaining to be completed or corrected- At the time of delivery of the tentative Notice of Substantial Completion the ENGINEER will deliver to the CITY and the CONTRACTOR a written recommendation as to division of responsibilities pending final payment between the CITY and the CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless the CITY and the CONTRACTOR agree otherwise in writing and so inform the ENGINEER in writing prior to the ENGINEER's issuing the definitive Notice of Substantial Completion, the ENGINEER's aforesaid recommendation will be binding on the CITY and the CONTRACTOR until final payment. b. Completion shall mean Substantial completion, which shall mean substantial performance of the Contract as defined in Black's Law Dictionary 4th Edition, by West Publishing Co-, St. Paul Minn.; See definition of "Completion" and "Substantial Completion" in Article 1, herein. c. The CITY shall have the right to exclude the CONTRACTOR from the Work after the date of Substantial Completion, but the CITY shall allow the CONTRACTOR reasonable access to complete or correct items on the tentative list- 14.8 Partial Utilization: Use by the CITY at the CITY's option of any substantially completed part of the Work which: (1) has specifically been identified in the Contract Documents, or (ii) the CITY, the ENGINEER and the CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by the CITY for its intended purpose without significant interference with the CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 1. The CITY at any time may request the CONTRACTOR in writing to permit the CITY to use any such part of the Work which the CITY believes to be ready for its intended use and substantially complete. If the CONTRACTOR agrees that such part of the Work is substantially complete, the CONTRACTOR will certify to the CITY and the ENGINEER that such part of the Work is substantially complete and request the ENGINEER to issue a Notice of Substantial Completion for that part of the Work. The CONTRACTOR PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO.07.02 GENERAL CONDITIONS-PAGE 34 3/2/2007 at any time may notify the CITY and the ENGINEER in writing that the CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request the ENGINEER to issue a Notice of Substantial Completion for that part of the Work- Within a reasonable time after either such request, the CITY, the CONTRACTOR and the ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If the ENGINEER does not consider that part of the Work to be substantially complete, the ENGINEER will notify the CITY and the CONTRACTOR in writing giving the reasons therefor. If the ENGINEER considers that part of the Work to be substantially complete, the provisions of Article 14.7 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of Article 5.9 in respect of property insurance. 14.9 Final Inspection. Upon written notice from the CONTRACTOR that the entire Work or an agreed portion thereof is complete, the ENGINEER will make a final inspection with the CITY and the CONTRACTOR and will notify the CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. The CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies- 14.10 Final Application for Payment: After the CONTRACTOR has completed all such correction work referred to in Article 14.7, herein, and delivered corrections to the satisfaction of the ENGINEER and delivered in accordance with the Contract Documents or other evidence of insurance required by Article 6.4, certificates of inspection, marked-up record documents (as provided in Article 6,11, and other documents, all as required by the Contract Documents, and after the ENGINEER has indicated that the WORK is acceptable, the CONTRACTOR may make application through the Project Representative for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to the CITY) of all Stop Notices arising out of or filed in connection with the WORK- In lieu of such releases or waivers of Liens and as approved by CITY, the CONTRACTOR may furnish receipts or releases in full and an affidavit of the CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the WORK for which the CITY or the CITY's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, the CONTRACTOR may furnish a Stop Notice Release Bond or other collateral satisfactory to the CITY to indemnify the CITY against any Lien. 1411 Final Payment and Acceptance: a. Final payment is defined as the last progress payment made to the CONTRACTOR for earned funds, less retainage or other withheld funds, as applicable, including the deductions listed in paragraph 14.11c, herein. b. If, on the basis of the ENGINEER's observation of the WORK during construction and final inspection, and the ENGINEER's review of the final Application for Payment and accompanying documentation, all as required by the Contract Documents, the ENGINEER is satisfied that the WORK has been substantially completed, and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled, the ENGINEER will, within 14 days after receipt of the final Application for Payment, indicate in writing the ENGINEER'S recommendation of payment and present the Application to the CITY for payment- At the same time the ENGINEER will also give written notice to the CITY and the CONTRACTOR that the WORK is acceptable subject to the provisions of Article 14.14. Otherwise, the ENGINEER will return the Application to the CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case the CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after the presentation to the CITY of the Application and accompanying documentation, in appropriate form and substance and with the ENGINEER's recommendation and notice of acceptability, the amount recommended by the ENGINEER will become due and payable to the CONTRACTOR. PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO.07.02 GENERAL CONDITIONS-PAGE 35 3/2/2007 c. After acceptance of the WORK by the CITY's governing body, the CITY will make final payment to the CONTRACTOR of the amount remaining after deducting all prior payments and all amounts to be kept or retained under the provisions of the Contract Documents, including the following items: 1. Retainage of not less than 5 percent of the contract price, subject to the provisions of Public Contract Code Section 22300. 2. Liquidated damages, as applicable. 3. One and one-half times the value of outstanding items of correction work or punch list items indicated on the Notice of Completion as being yet uncompleted or uncorrected, as applicable. All such work shall be completed or corrected to the satisfaction of the CITY within the time stated on the Notice of Substantial Completion/Notice of Completion, otherwise the CONTRACTOR does hereby waive any and all claims to all monies withheld by the CITY to cover the value of all such uncompleted or uncorrected items. 14.12 Release of Retainage and Other Deductions: a. After executing and recording a Notice of Completion, and not less than 35 days thereafter, the CITY will authorize the release to the CONTRACTOR of the retainage funds or securities withheld pursuant to the Agreement, less any deductions to cover pending claims against the CITY pursuant to paragraph 14.5b, herein. b. During said Stop Notice filing period, the CONTRACTOR shall have 30 days to complete any outstanding items of correction work remaining to be completed or corrected as listed on a final punch list made a part of the Notice of Substantial Completion/Notice of Completion. Upon expiration of the 35 days referred to in paragraph 14.12a, the amounts withheld pursuant to the provisions of paragraph 14.11c, herein, for all remaining work items will be returned to the CONTRACTOR; provided, that said work has been completed or corrected to the satisfaction of the CITY within said 30 days. Otherwise, the CONTRACTOR does hereby waive any and all claims for all monies withheld by the CITY under the Contract to cover 1.5 times the value of such remaining uncompleted or uncorrected items. c. If, through no fault of the CONTRACTOR, final completion of the WORK is significantly delayed and if the ENGINEER so confirms, the CITY will, upon receipt of the CONTRACTOR's final Application for Payment and recommendation of the ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the WORK fully completed and accepted. If the remaining balance to be held by the CITY for WORK not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in Article 5.1, the written consent of the surety to the payment of the balance due for that portion of the WORK fully completed and accepted shall be submitted by the CONTRACTOR to the ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 14.13 CONTRACTOR's Continuing Obligation- The CONTRACTOR's obligation to perform and complete the WORK in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by the ENGINEER, nor the issuance of a Notice of Substantial Completion/Notice of Completion, nor any payment by the CITY to the CONTRACTOR under the Contract Documents, nor any use or occupancy of the WORK or any part thereof by the CITY, nor any act of acceptance by the CITY nor any failure to do so, nor any review and approval of a Shop Drawing or sample submittal, will constitute an acceptance of work not in accordance with the Contract Documents or a release of the CONTRACTOR's obligation to perform the WORK in accordance with the Contract Documents. 14.14 Waiver of Claims: a. The acceptance by the CONTRACTOR of the final payment referred to in Article 14.11, herein, shall be a release of the CITY and its agents from all claims of liability to the CONTRACTOR for anything done or furnished for, or relating to, the WORK or for any act or neglect of the CITY or of any person relating to or affecting the WORK, except demands made against the CITY for the remainder, if any, of the amounts kept or retained under the provisions of Article 14-11, herein; and excepting all pending, unresolved claims filed prior to the date of the Notice of Substantial Completion/ Notice of Completion PALM SPRINGS STADIUM REPAINTING CONDITIONS Or-THE CONTRACT CITY PROJECT NO.07.02 GENERAL CONDITIONS-PAGE 36 3/2/2007 b. The making and acceptance of final payment shall constitute: 1. a waiver of all claims by the CITY against the CONTRACTOR, except claims arising from unsettled Liens, from defective WORK appearing after final inspection pursuant to Article 14.9, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from the CONTRACTOR's continuing obligations under the Contract Documents; and 2. a waiver of all claims by the CONTRACTOR against the CITY Other than those previously made in writing and still unsettled. ARTICLE 15 --SUSPENSION OF WORK AND TERMINATION 15.1 Suspension of WORK by the CITY: At any time and without cause, the CITY may suspend the WORK Or any portion thereof for a period of not more than 90 ninety days by notice in writing to the CONTRACTOR. The CONTRACTOR and the ENGINEER will fix the date on which Work will be resumed. The CONTRACTOR shall resume the WORK on receipt from the Project Representative of a Notice of Resumption of WORK. The CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if the CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. 15.2 Termination of Agreement by the CITY(CONTRACTOR Default): a. In the event of default by the CONTRACTOR, the CITY may give 10 days written notice to the CONTRACTOR of the CITY's intent to terminate the Agreement and provide the CONTRACTOR an opportunity to remedy the conditions constituting the default. It shall be considered a default by the CONTRACTOR upon the occurrence of one or more of the following events: 1. If the CONTRACTOR becomes insolvent, or assigns its assets for the benefit of its creditors; 2. If the CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under Article 2.8 as adjusted from time to time pursuant to Article 6.3 3. If the CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 4. If the CONTRACTOR disregards the authority of the ENGINEER; 5. If the CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; or 6. If the CONTRACTOR fails to prosecute the WORK according to the approved construction schedule; 7. If the CONTRACTOR fails to provide a qualified, full-time Superintendent or Project Manager at the site, competent workers, or materials or equipment meeting the requirements of the Contract Documents. If the CONTRACTOR fails to remedy the conditions constituting default within the time allowed, the CITY may then issue the Notice of Termination. b. The CITY may, after giving the CONTRACTOR (and the surety) 7 days' written notice and to the extent permitted by Laws and Regulations, terminate the services of the CONTRACTOR, exclude the CONTRACTOR from the site and take possession of the Work and of all of the CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by the CONTRACTOR (without liability to the CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which the CITY has paid the CONTRACTOR but which are stored elsewhere, and finish the Work as the CITY may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by the CITY arising out of or resulting from completing the Work PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO.07-02 GENERAL CONDITIONS-PAGE 37 3/2/2007 such excess will be paid to the CONTRACTOR. If such claims, costs, losses and damages exceed such unpaid balance, the CONTRACTOR shall pay the difference to the CITY. Such claims, costs, losses and damages incurred by the CITY will be reviewed by the ENGINEER as to their reasonableness and when so approved by the ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph the CITY shall not be required to obtain the lowest price for the Work performed. c. Where the CONTRACTOR's services have been so terminated by the CITY, the termination will not affect any rights or remedies of the CITY against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due the CONTRACTOR by the CITY will not release the CONTRACTOR from liability. 15.3 Termination of Agreement by the CITY (For Convenience): Upon 7 days' written notice to the CONTRACTOR, and the ENGINEER, the CITY may, without cause and without prejudice to any other right or remedy of the CITY, elect to terminate the Agreement. In such case, the CONTRACTOR shall be paid (without duplication of any items) for the following: 1. For completed and acceptable Work executed in accordance with the procedure prescribed for the making of the final application for payment and payment under Article 14.7, herein. Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. For expenses sustained prior to the effective date Of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 4. For reasonable expenses directly attributable to termination. The CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic less arising out of or resulting from such termination. 15.4 Termination of Agreement by the CONTRACTOR: The CONTRACTOR may terminate the Agreement upon 14 days written notice to the CITY, whenever, through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than 90 days by the CITY or under an order of court or other public authority, or the ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, or the CITY fails for 30 days to pay the CONTRACTOR any sum finally determined to be due, then the CONTRACTOR may, upon 7 days' written notice to the CITY and the ENGINEER, and provided that the CITY or the ENGINEER does not remedy such suspension or failure within that time, terminate the Agreement and recover from the CITY payment on the same terms as provided in Article 15.3. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if the ENGINEER has failed to act on an Application for Payment within 30 days after it is submitted, or the CITY has failed for 30 days to pay the CONTRACTOR any sum finally determined to be due, the CONTRACTOR may upon 7 day's written notice to the CITY and the ENGINEER stop the Work until payment of all such amounts due to the CONTRACTOR, including interest thereon. The provisions of this Article 15.4 are not intended to preclude the CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to the CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16 -- DISPUTE RESOLUTION a. Any question about interpretation or clarification, disagreement, or claim that has been timely referred to the ENGINEER in accordance with Article 9.8, except any which have been waived by the making or accepting of final payment, shall upon timely demand of either party be subject to resolution under the following provisions and the provisions of Article 18.18, herein. PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO.07-02 GENERAL CONDITIONS-PAGE 38 3/2/2007 b. No demand for arbitration or litigation may be made until the earlier of the following listed times: 1. The date on which the ENGINEER has issued a written decision as provided in paragraph 9.Sa. 2. The sixty-first day after the date of the ENGINEER's receipt of a claim or dispute, or for an adjustment of contract terms, or bath, if a decision has not been issued by that date. c. Pending a resolution of the claim or dispute, the CONTRACTOR shall proceed diligently with the performance of the contract and in accordance with the ENGINEER's decision unless the parties to this contract otherwise agree in writing. If and to the extent that CITY and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC-A, "Dispute Resolution Agreement," to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has boon reached, and subject to the provisions of Articles 9.7 and 9.8, CITY and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—MISCELLANEOUS 17.1 Giving Notice: Whenever any provision of the Contract Documents requires the giving of written notice, it will 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. 17.2 Title to Materials Found on the WORK: The CITY shall have the right to retain title to all soils, stone, sand, gravel, and other materials developed and Oobtained from excavations and other operations connected with the WORK. Unless otherwise specified in the Contract Documents, neither the CONTRACTOR nor any subcontractor shall have any right, title, or interest in or to any such materials. The CONTRACTOR will be permitted tp use in the WORK, without charge, any such materials which meet the requirements of the Contract Documents. 17.3 Computation of Times: When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. A calendar day of 24 hours measured from midnight to the next midnight shall constitute one day. 17.4 Right to Audit: If the CONTRACTOR submits a claim to the CITY for additional compensation, the CITY shall have the right, as a condition to considering the claim, and as a basis for evaluation of the claim, and until the claim has been settled, to audit the CONTRACTOR's books to the extent they are relevant. This right shall include the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to discover and verify all direct and indirect costs of whatever nature.claimed to have been incurred or anticipated to be incurred and for which the claim has been submitted. The right to audit shall include the right to inspect the CONTRACTOR's plants, or such parts thereof, as may have been engaged in the performance of the WORK. The CONTRACTOR further agrees that the right t0 audit encompasses all subcontracts and is binding upon subcontractors. The rights to examine and inspect herein provided for shall be exercisable through such representatives as the CITY deems desirable during the CONTRACTOR's normal business hours at the office of the CONTRACTOR. The CONTRACTOR shall make available to the CITY for auditing, all relevant accounting records and documents, and other financial data, and upon request, shall submit true copies of requested records to the CITY. PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO.07-02 - GENERAL CONDITIONS-PAGE 39 3/2/2007 17.5 Notice of Claim: Should CITY or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage- The provisions of this Article 17.5 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 17.6 Cumulative Remedies: The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by Articles 6.5, 6.8, 6.13, 6.14, 13.2, 13.8, 13.10, 14.4 and 152 and all of the rights and remedies available to CITY and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. 17.7 Professional Fees and Court Costs Included: Whenever reference is made to "claims, costs, losses and damages," it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. ARTICLE 18.0 —CALIFORNIA STATE REQUIREMENTS 18.1 State Wage Determinations: a. 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 CITY, which copies shall be made available to any interested party on request- The CONTRACTOR shall past a copy of such determination at each job site- b. 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 him or by any subcontractor under him. 18.2 Workers' Compensation: a. In accordance with the provisions of Section 3700 of the California Labor Code, the CONTRACTOR shall secure the payment of compensation to its employees. b. Prior to beginning work under the Contract, the CONTRACTOR shall sign and file with the CITY the following certification: "I am aware of the provisions of Section 3700 of the Labor Cade which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the WORK of this Contract." c. Notwithstanding the foregoing provisions, before the Contract is executed on behalf of the CITY, a bidder to whom a contract has been awarded shall furnish satisfactory evidence that it has secured in the manner required and provided by law the payment of workers' compensation. PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO-07-02 GENERAL CONDITIONS-PAGE 40 3J2(2007 18.3 Apprentices on Public Works: The CONTRACTOR shall comply with all applicable provisions of Section 1777.5 and 1777.6 of the California Labor Code relating to employment of apprentices on public works. 18.4 Working Hours: 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, as a penalty to the CITY, forfeit $25.00 for each worker employed in the execution of the Contract by the CONTRACTOR or by any sub- contractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, unless such work receives compensation for all hours worked in excess of 8 hours at not less than 1-112 times the basic rate of pay. 18.6 CONTRACTOR Not Responsible For Damage Resulting From Certain Acts of God: As provided in Section 7105 of the California Public Contract Code, the CONTRACTOR shall not be responsible for the cost of repairing or restoring damage to the WORK which damage is determined to have been proximately caused by an act of God, in excess of 5 percent of the contracted amount, provided, that the WORK damaged was built in accordance with accepted and applicable building standards and the plans and specifications of the CITY. The CONTRACTOR shall Obtain insurance to indemnify the CITY for any damage to the WORK caused by an act of God if the insurance premium is a separate bid item in the bidding schedule for the WORK. For purposes of this section, the term "acts of God" shall include only the following occurrences or conditions and effects: earthquakes in excess of a magnitude of 3.5 on the Richter Scale, and tidal waves. 18.6 Notice of Completion: In accordance with the Sections 3086 and 3093 of the California Civil Code, within 10 days after date of acceptance of the WORK by the CITY's governing body, the CITY will file, in the County Recorder's Office, a Notice of Completion of the WORK. 18.7 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 Cade 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. 18.8 Concrete Forms, Falsewotk, and Sharing: 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 placement of concrete. Where the said Section 1717 requires the services of a civil engineer registered in the State of California to approve design calculations and working drawings of the falsework or shoring system, or to inspect such system prior to placement of concrete, the CONTRACTOR shall employ a registered civil engineer for these purposes, and all casts therefor shall be included in the price named in the Contract for completion of the WORK as set forth in the Contract Documents. 18.9 Retainage From Monthly Payments: Pursuant to Section 22300 of the California Public Contract Code, the CONTRACTOR may substitute securities for any money withhold by the CITY to insure 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 PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO.07-02 GENERAL CONDITIONS-PAGE 41 3/2/2007 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. 18.10 Public Works Contracts;Assignment to Awarding Body: In accordance with Section 7103.5 of the California Public Contract Code, the CONTRACTOR and Subcontractors shall conform to the fallowing requirements. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the CONTRACTOR or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under ' Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract.This assignment shall be made and became effective at the time the awarding body tenders final payment to the CONTRACTOR, without further acknowledgement by the parties. 18.11 Submittal of Bids; Agreement to Assign: In accordance with Section 4552 of the Government Code, the bidder shall conform to the fallowing requirements. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 Division 7 of the Business and Professions Code) arising from purchases of goods, materials, or services by and for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder- 18.12 Payroll Records; Retention; Inspection; Noncompliance Penalties; Rules and Regulations: a. Each contractor and 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. b. The payroll records enumerated under paragraph 18.12a shall be certified and shall be 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 in paragraph 18.12a, herein, shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations- 3. A certified copy of all payroll records enumerated in paragraph IS-1 2a, herein, shall be made available upon request by 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, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement- If the requested payroll records have not been provided pursuant to paragraph 18.12b.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. c. Each contractor shall file a certified copy of the records, enumerated in paragraph 18.12a, herein, with the entity that requested the records within 10 days after receipt of a written request. PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO,07-02 GENERAL CONDITIONS-PAGE 42 3/2/2007 d. 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. e. The CONTRACTOR shall inform the body awarding the contract of the location of the records enumerated under paragraph 18.12a, herein, including the street address, city and county, and shall, within 5 working days, provide a notice of a change of location and address. f- 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 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 withhold from progress payments then due. g. 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 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 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 of all subcontractors- h. If 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 1st 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 additional 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. ' 18.13 Cultural Resources: r The CONTRACTOR's attention is directed to the provisions of the Clean Water Grant Program Bulletin 76A which augments the National Historic Preservation Act of 1966 (16 U.S-C. 470 as specified under section entitled, "Temporary Environmental Controls" of the General Requirements- 18.14 Protection of Workers in Trench Excavations: As required by Section 6705 of the California Labor Code and in addition thereto, whenever work under the Contract involves the excavation of any trench or trenches 1.5 meters (5 feet) or more in depth, the CONTRACTOR shall submit for acceptance by the CITY or by a registered civil or structural engineer, employed by the CITY, to whom authority to accept has been delegated, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation, of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by the CONTRACTOR, and all costs therefor shall be included in the price named in the Contract for completion of the WORK as set forth in the Contract Documents. Nothing in this Section shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this Section shall be construed to impose tort liability on the CITY,the ENGINEER, or any of their officers, agents, representatives, or employees. PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO,07.02 GENERAL CONDITIONS-PAGE 4$ 3/2/2007 18,15 Travel and Subsistence Pay: a. As required by Section 1773.8 of the California Labor Code the CONTRACTOR shall pay travel and subsistence payments to each worker needed to execute the WORK, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Article. b. To establish such travel and subsistence payments, the representative of any craft, classification or type of workman needed to execute the contracts 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 prier to the call for bids. 18.16 Removal, Relocation, or Protection of Existing Utilities: a. In accordance with the provisions of Section 4215 of the California Government Code, any contract to which a public agency as defined in Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made apart 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. b. 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. c. 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. d. 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. e. 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. 18,17 Contracts for Digging Trenches or Excavations; Notice on Discovery of Hazardous Waste or Other Unusual Conditions; Investigations; Change Orders; Effect on Contract As required under Section 7104 of the Public Contracts Code (Stars, of 1989), in any public works contract of a local public entity which involves the digging trenches or other excavations that extend deeper than 1.2 meters (4 feet) below the surface shall be subject to the fallowing conditions: The CONTRACTOR shall promptly, and before the conditions specified in Article 4.5, herein, are disturbed, notify the public entity in writing, of any of the conditions described in Article 4.5, herein. 18,18 Resolution of Construction Claims: a. As required under Section 20104, et seq., of the California Public Contract Code, any demand of 0375,000 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. PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO.07.02 GENERAL CONDITIONS-PAGE 44 3/2/2007 b. A single written claim shall be filed under this Article prior to the date of final payment for all demand resulting out of the Contract. c. 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 or receipt if the amount of the claim exceeds $50,000, but is less than 0375,000. d. 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. e. 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. f. If the meet and confer conference does not produce a satisfactory request, the CONTRACTOR may pursue the remedies authorized by law. END OF GENERAL CONDITIONS PALM SPRINGS STADIUM REPAINTING CONDITIONS OF THE CONTRACT CITY PROJECT NO.07-02 GENERAL CONDITIONS-PAGE 45 3/2/2007 CONDITIONS OF THE CONTRACT SUPPLEMENTARY GENERAL CONDITIONS GENERAL These Supplementary General Conditions make additions, deletions, or revisions to the General Conditions, as indicated herein. All provisions which are not so added, deleted, or revised remain in full force and effect. Terms used in these Supplementary General Conditions which are defined in the General Conditions have the same meanings assigned to them in the General Conditions . ARTICLE 1 -- SUPPLEMENTARY DEFINITIONS In addition to the definitions in the provisions of Article 1 of the General Conditions, the following respective supplemental definitions shall apply: Engineer - The word Engineer shall mean the City Engineer of the City of Palm Springs, California, or his designated representative. Project Representative -- The Project- Representative shall be the Senior Public Works Inspector, City of Palm Springs, Public Works and Engineering Department, or such other person as may subsequently be designated by the City in writing to the Contractor. Said Project Representative shall be the only person through whom all liaison between the Contractor and the City shall be directed. 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) PALM SPRINGS STADIUM REPAINT CONDITIONS OF THE CONTRACT CITY PROJECT N0,07-02 SUPPLEMENTARY GENERAL CONDITIONS 3/9/2007 PAGE 1 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 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. ARTICLE 2 - PRELIMINARY MATTERS 2 .1 Legal Address of the City: The official address of the City shall be City of Palm Springs 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262 or such other address as the City may subsequently designate in written notice to the Contractor. 2 .2 Legal Address of the Engineer: The official address of the Engineer shall be 3200 East Tahquitz Canyon Way, Palm Springs, California 92262 or such other address as the Engineer may subsequently designate in writing to the Contractor. 2 .3 Legal address of the City' s Project Representative: The name and address of the City' s designated Project Representative shall be the Senior Public Works Inspector, City of Palm Springs, Public Works and Engineering Department, 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262, or such other address as the Resident Project Representative may subsequently designate in writing to the Contractor. ARTICLE 3 - CONTRACT DOCUMENTS; INTENT, AMENDING, AND REUSE 3 .1 Contract Documents : The following subparagraph (b) shall be added to Article 3 . 1 of the General Conditions: PALM SPRINGS STADIUM REPAINT CONDITIONS OF THE CONTRACT CITY PROJECT NO.07-02 _ SUPPLEMENTARY GENERAL CONDITIONS 3/912007 PAGE 2 (b) The location of the Work, its general nature and extent, and the form and general dimensions of the Project and appurtenant works shall be determined by inspection of the site by the Bidder during the bid phase. 3.7 Scope: The following Article 3 . 7 shall be added to the General Conditions: 3. 7 Scope: (a) The work to be performed under this Contract shall consist of furnishing all plant, tools, equipment, materials, and manufactured articles; furnishing all transportation services, all fuel, power, water, and essential communications; and for the performance of all labor, work, or other operations required for the fulfillment of the Contract in strict accordance with the Specifications, Drawings, Schedules, and other Contract Documents as defined in the Contract, all of which are made a part hereof and including such detail sketches as may be furnished by the Engineer from time to time during construction in explanation of said Drawings or other Contract Documents . (b) The Work Shall be complete and operable, and all work, materials, and services not expressly called for or shown in the Contract Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally so specified or shown, at no additional cost to the City. ARTICLE 5 - BONDS AND INSURANCE 5.1 Performance and other Bonds: a. Before execution of the Contract, the Contractor shall file surety bonds with the City to be approved by the City Council in the amounts and for the purposes noted below. Bonds issued by a surety who is listed in the latest version of U. S. Department of Treasury Circular 570, who is authorized to issue bonds in California, and whose bonding limitation shown in the said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the City. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995. 660 (a) . The Contractor shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, PALM SPRINGS STADIUM REPAINT CONDITIONS OF THE CONTRACT CITY PROJECT NO.07.02 SUPPLEMENTARY GENERAL CONDITIONS 3/9/2007 PAGE 3 the Contract and be signed by both the Contractor and Surety and the signature of the authorized agent of the Surety shall be notarized. h. The Contractor shall provide two good and sufficient surety bonds. The Performance Bond shall be for 100 percent of the Contract Price to guarantee faithful performance of all work, within the time prescribed, in a manner satisfactory to the City, and that all materials and workmanship will be free from original or developed defects. The bond must remain in effect until the end of all warranty periods set forth in the Contract. The Payment Bond (Material and Labor Bond) shall be for not less than 100 percent of the Contract Price, to satisfy claims of material suppliers and mechanics and laborers employed by it on the Work. The bond shall be maintained by the Contractor in full force and effect until the Work is accepted by the City and until all claims for materials and labor are paid, - and shall otherwise comply with the Civil Code. C. In addition, the Contractor shall furnish a separate Performance Band to cover the one-year correction and ,repair period for correction or removal and replacement- of defective work as required under Articles 13 . 7 and 13. 8 of the General Conditions. Said Bond shall be in the amount of not less than 15 percent of the Contract Price. d. 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. 5.2 Bonding Company Waiver of Right of Notification: The Contractor shall assure that its Bonding Company is familiar with all of the terms and conditions of these Specifications, 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 any other act or acts by the City or any of its authorized representatives. 5.3 Insurance Amounts: The limits of liability for insurance as required by Article 5 . 2 PALM SPRINGS STADIUM REPAINT CONDITIONS OF THE CONTRACT CITY PROJECT NO.07-02 SUPPLEMENTARY GENERAL CONDITIONS 3/9/2007 PAGE 4 of the General Conditions shall provide coverage for not less that the following amounts or greater where required by Laws and Regulations: INSURANCE AMOUNTS Before commencing the Work, the Contractor shall furnish a Certificate of Insurance with the following minimum liability limit based on the contract amount: $500, 000 Combined Single Limit Umbrella excess liability may be used to reach the limit stated above. A. At a minimum, coverage must include: 1 . Insurance Services Office Commercial General Liability coverage (occurrence form CG0001) 2, Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto) 3. Workers' Compensation and Employer' s 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: 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: PALM SPRINGS STADIUM REPAINT CONDITIONS OF THE CONTRACT CITY PROJECT NO.07.02 SUPPLEMENTARY GENERAL CONDITIONS 3/9/2007 PAGE 5 7 . "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 he included in this statement) . 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 he 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 Contractor' s obligation to provide them. Cancellation Example: SHOULD ANY OF THE ABOVE REFERENCED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL GN9E Td^9RT-G) MAIL 30 DAYS* WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN PTl "I4 T� ,1" 11—F11 l Q11C-H-4av-T3CF, C iT T TR}]/1C� TT/� !l T'1T T%'nT];GP4 GR TIAB11TT`l GL� �Y J] E P9SE NG GBI31QLS11t1PfC'!C—gZTLT 2S 1�Y,�SP-TIL{Y. Y Ikd --HPA1d— THE 11-$ AGENTS $F� nnnnr+ 'CnTmnmrTr. c` xrrrczca�cra-rnn.�z.a. *The broker/agent 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 PALM SPRINGS STADIUM REPAINT CONDITIONS OF THE CONTRACT CITY PROJECT NO, 07-02 SUPPLEMENTARY GENERAL CONDITIONS 3/9/2007 PAGE 6 RESPECTS THE JOB OR PREMISES DESCRIBED IN THE CERTIFICATE ATTACHED HERETO. " 5.2.b.2 Builder' s Risk - Deleted 5.9 Partial Utilization Certain baseball games are scheduled at the Stadium during the Contractor' s Work at the end or close to the end of work days, as follows: - Tuesday, May 1, 2007 from 3: 30 P.M. to 6: 00 P.M. - Calvary Christian - Tuesday, May 8, 2007 from 3 . 30 P.M. to 6: 00 P.M. - Desert Chapel - Thursday, May 10, 2007 ,from 3: 30 P.M. to 6: 00 P.M. - Calvary Christian - May 25, 26 and 27, 2007 after 5: 00 P.M. - Youth Baseball Tournament This schedule will be finalized at the preconstruction meeting. The Contractor' s work shall be coordinated so as not to conflict with Stadium use for the events. ARTICLE 6 - THE CONTRACTOR'S RESPONSIBILITIES 6. 4 Concerning Subcontractors, Suppliers, and Others : Add the following subparagraph (e) to Article 6. 4 of the General Conditions: (e) In addition to the provisions of Article 6. 4 of the General Conditions, the Contractor shall perform not less than 50 percent of the Work included in the original Contract Price with its own forces (i. e. , without subcontracting) , except that any designated "Specialty Items" may be performed by subcontract and the amount of any such "Specialty Items" so performed may be deducted from the original total Contract Price before computing the amount of work required to be performed by the Contractor with its own forces. When items of work in the Bid Schedule are preceded by the letter "S, " such items are designated as "specialty Items. " Where an entire item is subcontracted, the value of the work subcontracted will be based upon the contract item bid price. When a portion of an item is subcontracted, the value of the work subcontracted will be the estimated percentage of the contract item bid price, determined from the information submitted by the Contractor, subject to approval of the Engineer. The 50 percenL- requirement shall be understood to refer to the Work, the value of which totals not less than the full Contract Price contract price. PALM SPRINGS STADIUM REPAINT CONDITIONS OF THE CONTRACT CITY PROJECT NO.07-02 SUPPLEMENTARY GENERAL CONDITIONS 3/S12007 PAGE 7 6.5 Permits, License Fees, and Royalties: The following subparagraphs "d, " "e, " and "f" are hereby added to Article 6. 5 of the General Conditions; (d) Business License and Permits: All permits issued by the City of Palm Springs shall be obtained by the Contractor, but will be paid by the City; provided, that prior to beginning the Work hereunder, the Contractor shall obtain and pay for a City of Palm Springs business license. Except as otherwise provided herein, all permits issued by other agencies and authorities having jurisdiction shall be obtained and paid for by the Contractor. (e) Building Permits: The Contractor shall obtain all licenses and shall assist in obtaining permits required to perform the Work of this project. The general Building Permit and Plan Check Fee will be paid for by the City. Other permit fees, including encroachment fees and electrical, mechanical, and plumbing permit fees will. be paid directly by the City. No separate payment therefore will be allowed under the Contract for any of the permits or fees under this Article. (f) Utility Fees : Utility connection fees, lateral fees, utility structure changes and tariffs, inspection fees, and similar utility--related fees will be paid for directly by the City. Annexation fees, flood control fees, pollution district fees, and similar fees will also be paid by the City. No separate payment therefor will be allowed under the Contract for any of the fees under this Article. 6.7 haws and Regulations: The following subparagraph (d) is hereby added to Article 6. 7 of the General Conditions: (d) The work is located in the City of Palm Springs in the County of Riverside, State of California. The Contractor shall comply with all ordinances, regulations, and other lawful requirements of said City, County, and State governing the work on public property. In particular the Contractor' s attention is directed to Section entitled "Temporary Environmental Controls . " ARTICLE 10 - CHANGES IN THE WORK 10.2 Allowable Quantity Variations: Deleted 10 .3 Increases of More Than 25 Percent: Deleted 10 .4 Decreases of More Than 25 Percent: Deleted PALM SPRINGS STADIUM REPAINT CONDITIONS OF THE CONTRACT CITY PROJECT NO-07-02 SUPPLEMENTARY GENERAL CONDITIONS 3/9/2007 PAGE 8 ARTICLE 11 - CHANGE OF CONTRACT PRICE 11.2 Equipment: The following wording shall be added to the end of Article 11.2, subparagraph (d) : Whenever under the terms of this Contract the Contractor is entitled to additional payment for the use of rental equipment, the Contractor will be paid for L-he use of the Equipment at the rental rate listed for such equipment specified in the current edition of the following reference publication: "Labor Surcharge and Equipment Rental Rates" as published by the State of California, Department of Transportation, Sacramento, CA. AED Green Book, latest Edition, Rental Rates & Specifications for Construction Equipment, as published and compiled by Machinery Information Division of K-I11 Directory Corporation, 1735 Technology Drive, Suite 410, San Jose, CA 95110-1313 Telephone (800) 669-3282. ARTICLE 13 - WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORX 13.4 Tests and Inspections: The following subparagraph "f" is hereby added to Article 13. 4 of the General Conditions: (f) All Special Inspections required under the provisions of Section 305 of the Uniform Building Code will be provided and paid for by the City. 13.8 Correction Period: References to a Correction and Repair Bond as referred to in General Conditions Article 13. 8, subparagraph d, shall be as specified in the Supplementary General Conditions, Article 5 - 1, subparagraph b. ARTICLE 14 - PAYMENTS TO THE CONTRACTOR AND COMPLETION 14.2 Unit Price Bid Schedule: Deleted. 14.3 Application for Progress Payment: The following provision shall be added to Article 14 . 3c of the General Conditions: PALM SPRINGS STADIUM REPAINT CONDITIONS OF THE CONTRACT CITY PROJECT NO.07-02 SUPPLEMENTARY GENERAL CONDITIONS 310/2007 PAGE 9 In addition to the provisions of Article 14. 11 of the General Conditions for withholding of funds from the Final Payment, the City may retain a portion of the amount of each progress payment otherwise due to the Contractor, as follows: 4 . The City will retain 10 percent of each approved progress payment- until the Work is 50 percent complete; then, the City may at its option suspend further retainage until the final progress payment. 5 . The City reserves the right to reinstate up to 10 percent retainage of the total of the Work done if the City determines, at its discretion, that the Contractor is not performing the Work satisfactorily, or there is other specific cause for such retainage. 14 .3 Application for Progress Payment: Add a new subparagraph (e) , as follows : (e) For all long lead purchases of electrical and mechanical building equipment that has been delivered to the site and safely and securely stored in accordance with the requirements of Section 01600, Materials and Equipment, the City will. pay 50 percent of the Supplier's invoice price to the Contractor; provided, that no payment will be made for any materials, equipment, or components thereof, whose value is less than $5000 dollars . ARTICLE 18 - CALIFORNIA STATE REQUIREMENTS 18.1 Prevailing Wage Rates Not Applicable. - Funding for the Work is with all local funds and, as provided under the City Charter, will NOT require compliance with the prevailing wage requirements of the State of California. 18.3 Apprentices on Public Works - Deleted. 18 .12 Payroll Records; Retention; Inspection; Noncompliance Penalties; Rules and Regulations - Deleted. • - END OF SUPPLEMENTARY GENERAL CONDITIONS - PALM SPRINGS STADIUM REPAINT CONDITIONS OF THE CONTRACT CITY PROJECT NO.07-02 SUPPLEMENTARY GENERAL CONDITIONS 319/2007 PAGE 10 CITY OF PALM SPRINGS SPECIFICATIONS PART III - TECHNICAL, SPECIFICATIONS DIVISION 1 - GENERAL REQUIREMENTS Section 01011 - Summary of Work Section 01091 -- Reference Standards & Abbreviations Section 01201 - Project Meetings Section 01301 - Contractor Submittals Section 01401 - Quality Control Section 01505 Mobilization Section 01511 - Temporary Utilities Section 01541 - Protection of Existing Facilities Section 01551 - Site Access and Parking Section 01561 - Temporary Environmental Controls Section 01601 - Materials & Equipment Section 01701 - Contract Closeout DIVISION 9 - FINISHES Section 09900 - Painting * +b k * +b PALM SPRINGS STADIUM REPAINTING CONTENTS CITY PROJECT NO-07-02 PART III 3/7/2007 SECTION 01011 SUMMARY OF WORK 1.01 GENERAL A. The Work to be performed under this Contract shall consist of furnishing all plant-, tools, scaffolding, materials, and all other necessary equipment and supplies to perform a complete and thorough job for the Palm Springs Stadium Repainting Project- . It shall also include the furnishing of all transportation and services, including fuel, power, water, and essential communications, and for the performance of all labor, work, or other operations required for the fulfillment of the Contract in strict accordance with the Contract Documents. B. The contractor shall at all times take necessary steps to protect the public and all property from damage during his operations, and shall be responsible for any and all kinds of damage to the work or property caused by the contractor' s employees. 1.02 WORK COVERED BY CONTRACT DOCUMENTS A. The Work comprises the preparation and painting of Palm Springs Stadium, including outside and inside buildings, seating areas, underside of seating areas, flooring, walkways, stairs, handrails, chain link fences, dugouts and walkways/tunnels, press box, metal pales and platforms, tall stadium light poles, perimeter outfield wall, and all appurtenant work. B. The Work is located at Palm Springs Stadium, 1901 East Baristo Road, Palm Springs, California. 1.03 BEGINNING AND COMPLETION OF THE WORK A Time is of Lhe essence of the Contract. In accordance with the provisions of Article 2 of the Agreement, the Contractor shall begin the Work on the date specified in the written Notice to Proceed from the City, and shall complete all of. the Work included in the Contract within 20 working days after the commencement date specified in the Notice to Proceed. Time stated for completion shall include final cleanup of the premises . PALM SPRINGS STADIUM REPAINTING SUMMARY OF WORK CITY PROJECT NO.07-02 SECTION 01011 -PAGE 1 3/7/2007 1.04 CONTRACT METHOD A. The Work hereunder will be constructed under a multiple item lump sum contract . B. The Contractor shall include the requirements of the General Conditions and Supplementary General Conditions of the Contract as a part of all of its subcontract agreements. 1.05 ORDER OF THE WORK A. The Work shall be carried on at such places on the project and also in such order or precedence as may be found necessary by the Engineer to expedite completion of the Project. After work has begun on any portion of a designated part of the Project, it shall be carried forward to its final completion as rapidly as practicable. The order and time to complete shall conform to the requirements of the approved Contractor' s schedule as submitted under the provisions for "Contractor' s Schedules" in Section 01301, "Contractor Submittals. " 1 .06 WORK BY OTHERS A. Interference With Work on Utilities: The Contractor shall cooperate fully with all utility forces of the City or forces of other public or private agencies engaged in the relocation, altering, or otherwise rearranging of any facilities which interfere with the progress of the Work, and shall schedule the Work so as to minimize interference with said relocation, altering, or other rearranging of facilities . 1 . 07 CONTRACTOR USE OF PROJECT SITE A. The Contractor' s use of the project site shall be limited to its construction operations, including on-site storage of materials, on-site fabrication facilities, and field offices. 1 . 08 CITY USE OF THE PROJECT SITE A. The Contractor shall cooperate with the City Engineer to minimize interference with the Contractor' s operations and to facilitate the City' s operations . In any event, the City and the Engineer and their authorized representatives shall be allowed access to the project site at all times during the period of construction. PALM SPRINGS STADIUM REPAINTING SUMMARY OF WORK CITY PROJECT NO.07-02 SECTION 01011 -PAGE 2 3/7/2007 B. Certain events are scheduled during the Contractor' s Work at the end or close to the end of work days as specified in Supplemental General Conditions, Section 5 . 9 Partial Utilization. EN❑ OF SECTION PALM SPRINGS STADIUM REPAINTING SUMMARY OF WORK CITY PROJECT NO, 07-02 SECTION 01011 -PAGE 3 3/7/2007 SECTION 01091 REFERENCE STANDARDS AND ABBREVIATIONS 1.01 GENERAL, A. 'Titles of Sections and Paragraphs: Captions accompanying specification sections and paragraphs are for convenience of reference only, and do not form a part of the Specifications . B. Applicable Publications: Whenever in these specifications references are made to published specifications, codes, standards, or other requirements, it shall be understood that wherever no date is specified, only the latest specifications, standards, or requirements of the respective issuing agencies which have been published as of the date that •t-he Work is advertised for bids, shall apply; except L•o the extent that said standards or requirements may be in conflict with applicable laws, ordinances, or governing codes. No requirements set forth herein or shown on the drawings shall. be waived because of any provision of, or omission from, said standards or requirements. 1.02 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS A. Without limiting the general provisions of other portions of the specifications, all work specified herein shall. conform to or exceed the requirements of all applicable codes and the applicable requirements of the following documents to the extent• that the provisions of such documents are not in conflict with the requirements of these Specifications nor the applicable codes. B. References herein to codes shall mean the following listed codes, as adopL-ed by the City of Palm Springs, including all addenda, modifications, amendments, or other lawful changes thereto: Uniform Building Code, .1997 Edition, as published by the International Conference of Building Officials (ICBO) California Code of Regulations, Title 19 Public Safety, and Title 24 Building Standards. PALM SPRINGS STADIUM REPAINTING REFERENCE STANDARDS CITY PROJECT NO. 07-02 AND ABBREVIATIONS 3(712007 SECTION 01091 -PAGE 1 C. In case of conflict between codes, reference standards, drawings and the other Contract Documents, the most stringent requirements shall govern. All conflicts shall be brought to the attention of the Engineer for clarification and directions prior to ordering or providing any materials or labor. The Contractor shall bid the most stringent requirements. D. Applicable Standard Specifications: The contractor shall construct the Work specified herein in accordance with the requirements of the Contract Documents and the referenced portions of those referenced codes, standards, and specifications listed herein; except, that whenever references to "Standard Specifications" are made, the provisions therein for measurement and payment shall not apply- E. References in the Contract Documents to "Standard Specifications" shall mean the Standard Specifications for Public Works Construction ("Green Book") , 2006 Edition including all current- supplements, addenda, and revisions thereof. F. Applicable Safety Standards: References herein to "Cal- OSHA" shall mean State of California, Department of Industrial Relations, Construction Safety Orders, as amended to Date, and all changes and amendments thereto which are effective as of the date of construction. - G. References herein to "OSHA Standards" shall mean Title 29, Part 1910, Occupational Safety and I-Iealt'h Standards, Code of Federal Regulations] (OSHA) , including all changes and amendments thereto. 1. 03 ABBREVIATIONS AND ACRONYMS A. Wherever in these Specifications references are made to the standards, specifications, or other published data of the various national, regional, or local organizations, such organizations may be referred to by their acronym or abbreviation only. As a guide to the user these specifications, the fallowing acronyms or abbreviations which may appear in these specifications shall. have the meanings indicated herein. AGC Associated General Contractors ASQC American Society for Quality Control ASTM American Society for Testing and Materials Cal-OSHA California Construction Safety Orders NFPA National Fire Protection Association PALM SPRINGS STADIUM REPAINTING REFERENCE STANDARDS CITY PROJECT NO.07-02 AND ABSREVIATIONS 317/2007 SECTION 01091 -PAGE 2 OSHA Occupational Safety and Health Admin. SSPC Steel Structures Painting Council SSPWC Standard Specifications for Public Works Construction. UBC Uniform Building Code WWPA Western Wood Products Association END OF SECTION PALM SPRINGS STADIUM REPAINTING REFERENCE STANDARDS CITY PROJECT NO.07-02 AND ABBREVIATIONS 3I712007 SECTION 010$1 -PAGE 3 SECTION 01201 PROTECT MEETINGS 1,01 GENERAL, A. The Contractor, along with the Contractor' s Superintendent or Project Manager, as a minimum, shall attend all meetings scheduled by the Engineer for coordination and collection and dissemination of information related to the Work. B. The Engineer will prepare the minutes of each meeting and will distribute them to each of the participants. 1.02 PRECONSTRUCTION CONFERENCE A. Prior to the commencement of Work at the site, a Preconstruction conference will be held at a mutually agreed time and place which shall be attended by the Contractor, its superintendent, and its sub-contractors as appropriate. Other attendees will be: I. Engineer and/or the City' s Project Representative. 2 . Representatives of City. 3 . Others as requested by Contractor, City, or Engineer. B. Unless previously submitted to the Engineer, the Contractor shall bring to the conference one copy of each of the following: 1. Tentative Construction Schedule. 2 . Shop Drawing/Sample/Substitute or "Or. Equal" submittal schedule. 3. Schedule of values (lump sum price breakdown) for progress payment purposes . C, The purpose of the conference is to designate responsible personnel and establish a working relationship. Matters requiring coordination will be discussed and procedures for handling such matters established. The complete agenda will be furnished to the Contractor prior to the meeting date, which may include the following: 1. Contractor' s tentative schedules . 2 . Transmittal, review, and distribution of Contractor' s submittals . 3. Processing applications for payment. 4 . Maintaining of record documents. PALM SPRINGS STADIUM REPAINTING PROJECT MEETINGS CITY PROJECT NO. 07-02 SECTION 01201-PAGE 1 3(712007 5. Critical work sequencing. 6. Field decisions and Change Drders. 7. Use of project site, office and storage areas, security, housekeeping, and City's needs. $ . Major equipment deliveries and priorities. 9. Contractor' s assignments for safety and first aid. D. The Engineer will preside at the preconstruction conference and will arrange for keeping the minutes and distributing the minutes to all persons in attendance. END OF SECTION PALM SPRINGS STADIUM REPAINTING PROJECT MEETINGS CITY PROJECT NO. 07-02 SECTION 01201-PAGE 2 3/712007 SECTION 01301 CONTRACTOR SUBMITTALS 1.01 GENERAL A. The term ",submittal" as used herein shall mean any drawing, calculation, specification, product data, samples, manuals, requests for substitutes, spare parts, photographs, survey data, record drawings, bonds, or similar items required to be submitted to the Engineer under the terms of the contract. B. All subcontractor and supplier or fabricator submittals shall be carefully reviewed by an authorized representative of• the Contractor, prior to submittal to the Engineer. Each submittal of the Contractor or its subcontractors and suppliers or fabricators shall be dated, signed, and certified by the Contractor, as being correct and in strict conformance with the Contract Documents. No consideration for review by the Engineer of any Contractor submittals will be made for any items which have not been so certified by the Contractor. C. The Engineer' s review of Contractor submittals shall not relieve the Contractor of the entire responsibility for the correctness of details . The Contractor shall assume all responsibility and risk for any misfits due to any errors in Contractor submittals- D. A preliminary schedule of values (lump sum price breakdown) shall be submitted at the time of the preconstruction conference for all of the work hereunder to serve as the 'basis for progress payments during construction. 1.02 PROPOSED SUBSTITUTES OR "OR EQUAL" ITEMS A. For convenience in designation in the Contract Documents, a brand or trade name may be specified. The use of any substitute material, product, or equipment which is equal in quality and utility and possesses the required characLerisLics for the purpose intended will be permitted, subject to the following requirements: 1. The burden of proof as to the quality and utility of any such substitute material, product, or equipment shall be upon the Contractor. PALM SPRINGS STADIUM REPAINTING CONTRACTOR SUBMITTALS CITY PROJECT NO.07-02 SECTION 01301-PAGE 1 3/7/2007 2. The Engineer will be the sole judge as to the quality and utility of any such substitute material, product, or equipment and its decision shall be final. B. The supporting documentation for any proposed substitute or "or-equal" item must be submitted within 20 days after the bid opening; otherwise the Contractor agrees to furnish one of the brand name products specified. 1.04 SAMPLES A. Unless otherwise specified, whenever in the Specifications Samples are required, the Contractor shall submit not less than 3 units of each such sample item or material to the Engineer for approval at no additional cost to the City. S. The Contractor shall refer to the attached Color Schedule in Part IV, APPENDIX for guidance in painting colors . C. Samples, as required herein, shall be submitted for approval prior to ordering such material for delivery to the job-site, and shall be submitted in an orderly sequence so that dependent materials or equipment can be assembled and reviewed without causing delays in the Work. D. All Samples shall be individually and indelibly labeled or tagged, indicating thereon all specified physical characteristics and manufacturer' s names for identification and submittal to the Engineer for approval. END OF SECTION PALM SPRINGS STADIUM REPAINTING CONTRACTOR SUBMITTALS CITY PROJECT NO.07-02 SECTION 01301-PAGE 2 3(712007 SECTION 01401 QUALITY CONTROL 1.01 SITE INVESTIGATION AND CONTROL A. The Contractor shall verify all dimensions in the field and shall check all field conditions continuously during construction. The Contractor shall be solely responsible for any inaccuracies built into the Work. B. The Contractor shall inspect related and appurtenant work and Shall report in writing to the Engineer any conditions which will prevent proper completion of the Work. Any required removal., repair, or replacement caused by unsuitable conditions Shall be done by the Contractor at its sole Cost and expense. 1.02 INSPECTION OF THE WORK A. General: The Work Shall be conducted under the general observation of the Engineer and shall be subject to intermittent or continuous inspection by representatives of the City to assure strict Compliance with the requirements of the Contract Documents. The presence of an inspector, however, shall noL relieve the Contractor of the responsibility for the proper execution of the Work in accordance with all requirements of the Contract Documents. Compliance is distinctly a duty of the Contractor, and said duty shall not be avoided by any act or omission on the part of an inspector. B. All materials and articles furnished by the Contractor shall be subject to rigid inspection, and no material or articles shall be used in the Work until it has been inspected and accepted by the Engineer for the City. 1.03 SAMPLING AND TESTING A. Unless otherwise specified, all sampling and testing shall be in accordance with the methods prescribed in the current standards of the ASTM or other specified published standards, as applacable to the class and nature of the article or materials considered; however, the City reserves the right to use any generally-accepted system of sampling and testing which, in the opinion of the Engineer will assure the City that the quality of the workmanship is in full accord with the Contract Documents . PALM SPRINGS STADIUM REPAINTING QUALITY CONTROL CITY PROJECT NO.07.02 SECTION 01401-PAGE 1 3!712007 2. Any waiver by the City of any specific testing or other quality assurance measures, whether or not such waiver is accompanied by a guarantee- of substantial performance as a relief from the specified testing or other quality assurance requirements as originally specified, and whether or not such guarantee is accompanied by a performance bond to assure execution of any necessary corrective or remedial Work, shall not be construed as a waiver of any prescriptive or performance requirements of the Contract Documents. C. Notwithstanding the existence of such waiver, and in addition to any testing and inspection performed by any other inspector on behalf of the City or any other public agency having jurisdiction, the Engineer shall have the right to make independent investigations and tests, and failure of any portion of the Work to meet any of the requirements of the Contract Documents, shall be reasonable cause for the Engineer to require the removal or correction and reconstruction of any such work in accordance with the General Conditions. 1.04 TIME OF INSPECTIONS AND TESTS A. Samples and test specimens required under the Contract Documents shall be furnished by the Contractor and prepared for testing in ample time for the completion of the necessary tests and analyses before the subject materials or articles are to be used. The Contractor shall furnish all required test specimens at its own expense. Except: as otherwise provided in the Contract Documents, performance of the required tests will be by the City, and all costs therefore will be borne by the City; except, that the cost of any test which shows unsatisfactory results shall be borne by the Contractor. B. Whenever the Contractor is ready to backfill, bury, cast in concrete, hide, or otherwise cover or make inaccessible any work under the Contract, the Contractor shall notify the Engineer not less than 24 hours in advance of beginning any such work of backfilling, burying, casting in concrete, hiding, covering, or making inaccessible any portion of the Work to be inspected, so that the required inspections can be scheduled and performed. Failure of the Contractor to notify the Engineer at least 24 hours in advance of any such inspections shall be reasonable cause for the Engineer to require sufficient delay in the Contractor' s schedule to allow time for such inspections and any remedial or corrective work required, and all PALM SPRINGS STADIUM REPAINTING QUALITY CONTROL CITY PROJECT NO.07-02 SECTION 01401-PAGE 2 3/7/2007 costs of such delays, including its impact: or effect upon other portions of the Work shall be borne by the Contractor. END OF SECTION PALM SPRINGS STADIUM REPAINTING QUALITY CONTROL CITY PROJECT NO-07.02 SECTION 01401-PAGE 3 3/7/2007 SECTION 01505 MOBILIZATION 1.01 GENERAL A. Mobilization shall include the obtaining of all bonds, insurance, and permits; moving onto the site of all plant and equipment; and the furnishing and erecting of plants, temporary buildings, and other construction facilities; all as required for the proper performance and completion of the Work. Mobilization shall include but not be limited to the following principal items: 1. Moving on to the site of all Contractor' s plant and equipment. 2. Installing temporary construction power, wiring, and lighting facilities per Section 01511. 3. Developing and installing construction water supply per Section 01511 . 4 . Obtaining and paying for all required permits. 5. Posting all OSHA required notices and establishment of safety programs . 6. Have the Contractor' s superintendent at the job site full time. (S(,e Article 6 of the General Conditions) 7 . Submittal of detailed Preliminary Construction Schedule for the City' s and Engineer' s approval. per Section 01301 . B. In addition to the requirements specified above, all submittals shall conform to the applicable requirements of Section 01301 "Contractor Submittals . " 1.02 PAYMENT FOR MOBILIZATION A. The Contractor' s attention is directed to the condition that 5 percent of the total Contract _Price will be deducted from any money due the Contractor as initial progress payments until all mobilization items listed above have been completed as specified. The aforementioned amount will be retained by the City as the agreed, estimated value of completing all of the mobilization items listed. Any such retention of money for failure to complete all such mobilization items as a lump-sum item PALM SPRINGS STADIUM REPAINTING MOBILIZATION ' CITY PROJECT NO.07-02 SECTION 01505•PAGE 1 3!912007 shall be in addition to the retention of any payments due to the Contractor as specified in Article 14 of the General Conditions. END OF SECTION PALM SPRINGS STADIUM REPAINTING MOBILIZATION CITY PROJECT NO-07-02 SECTION 01505-PAGE 2 3/9/2007 SECTION 01511 TEMPORARY UTILITIES 1.01 GENERAL, A. It shall be the Contractor' s responsibility to provide plant and equipment that is adequate for the performance of the Work under this Contract within the time specified. All such work shall be subject to inspection and approval by the Engineer at any time within the duration of the Contract. B. All work hereunder shall conform to the applicable requirements of Cal-OSHA Construction Safety Orders . 1.02 POWER AND LIGHTING A. Power: The Contractor shall provide all necessary temporary power required for its operations under the Contract, and shall provide and maintain all temporary power lines required to perform the Work in a safe and satisfactory manner. B. Construction Lighting: All Work conducted at night or under conditions of deficient daylight shall be suitably lighted to insure proper Work and to afford adequate facilities for inspection and safe working conditions . C. Approval of Electrical Connections: All temporary connections for electricity shall be subject to approval of the Engineer and the power company representative, and shall be removed in like manner at the Contractor' s expense prior to final acceptance of the Work by the City. D. Separation of Circuits: Unless otherwise permitted by the Engineer, circuits separate from lighting circuits shall be used for all power purposes . E. Construction Wiring: All wiring for temporary electric light and power shall be properly installed and maintained and shall be securely fastened in place. 1.03 WATER SUPPLY A. General: The City will furnish, without charge, reasonable quantities of water required by the Contractor in performance of the Work under the Contract; however, the Contractor shall provide all facilities necessary to PALM SPRINGS STADIUM REPAINTING TEMPORARY UTILITIES CITY PROJECT NO. 07.02 SECTION 01511-PAGE 1 3/9/2007 convey the water from the City-designated source to the points of use in accordance with the requirements of the Contract Documents. Construction water will be available free of charge from the city' s fire hydrants. The Contractor will be required, however, to apply for and furnish a deposit for use of the City' s construction meter. B. The Contractor shall provide and operate all pumping facilities, pipelines, valves, hydrants, storage tanks, and all other equipment necessary for the adequate development and operation of its water supply system. Water used for domestic purposes shall be free of contamination and shall conform to the requirements of the State and local authorities for potable water. The Contractor shall be solely responsible for the adequate functioning of its water supply system and shall be solely liable for any claims arising from the use of same, including discharge or waste of water therefrom. C. Potable Water: All drinking water on the site during construction shall be furnished by the Contractor and shall be bottled water or water furnished in approved metal dispensers. D. Removal of Water Connections : Before final acceptance of the Work on the project, all temporary connections and piping installed by the Contractor shall be entirely removed, and all affected improvements shall be restored to their original condition, or better, to the satisfaction of Engineer. 1.04 SANITATION A. Toilet Facilities: Contractor may use the existing facilities for the use of employees. B_ Wastes: The Contractor shall establish a regular daily collection of all wastes including organic material wastes. All wastes from any source related to the Contractor' s operations shall be disposed of away from the site in a manner satisfactory to the Engineer and in accordance with all laws and regulations pertaining thereto. 1 . 05 TELEPHONE COMMUNICATIONS A. The Contractor shall provide and maintain at all times during the progress of the Work, a telephone number where PALM SPRINGS STADIUM REPAINTING TEMPORARY UTILITIES CITY PROJECT NO. 07-02 SECTION 01511-PAGE 2 3/9/2007 the Contractor' s on-site representative can be contacted at all times while the Work is in progress. END OF SECTION PALM SPRINGS STADIUM REPAINTING TEMPORARY UTILITIES CITY PROJECT NO. 07-02 SECTION 01511-PAGE 3 3/9/2007 SECTION 01541 PROTECTION OF EXISTING FACILITIES 1.01 GENERAL A. The Contractor shall protect all existing utilities and improvements not designated for removal and shall restore damaged or temporarily relocated utilities and improvements to a condition equal to or better than they were prior to such damage or temporary relocation, all in accordance with requirements of the Contract Documents. 1.02 EXISTING? UTILITIES AND IMPROVEMENTS A. General: The Contractor shall take all possible precautions for the protection of unforeseen utility lines to provide for uninterrupted service and to provide such special protection as may be necessary. B. Utilities to be Moved: When utility lines that are to be • removed are encountered within the area of operations, the Contractor shall notify the Engineer a sufficient time in advance for the necessary measures to be taken to prevent interruption of service. i C. Where the proper completion of the Work requires the temporary or permanent removal and/or ,relocation of an existing utility or other improvement, the Contractor, without unnecessary delay, shall temporarily replace or relocate such utility or the facility. Restoration to former location shall be accomplished by the Contractor in a manner that will restore or replace the utility or improvement as nearly as possible to its former locations and to as good or better condition than found prior, to removal. , D. City' s Right of Access: The right is reserved to the City and to the owners of public utilities and franchises to enter at any time upon any public street, alley, right-of-way, or easement for the purpose of making changes in their property made necessary by the Work of this Contract . E. Approval of Repairs : All repairs to a damaged improvement are subject to inspection and approval by an authorized representative of the improvement owner before being concealed by backfill or other work. PALM SPRINGS STADIUM REPAINTING PROTECTION OF EXISTING FACILITIES CITY PROJECT NO.07-02 SECTION 01541-PAGE 1 3/7/2007 F. Maintaining in Scrvice: All oil and gasoline pipelines, power, and telephone 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 is not discovered until after completion of the Work. 1.03 NOTIFICATION BY THE CONTRACTOR A. Prior to any excavation in the vicinity of any existing underground facilities, the Contractor shall notify the Underground Service Alert agency and the respective authorities representing the owners or agencies responsible for such underground facilities not less than 3 days nor more than 7 days prior to excavation so that a representative of said owners or agencies can be present during such work if they so desire. END OF SECTION PALM SPRINGS STADIUM REPAINTING PROTECTION OF EXISTING FACILITIES CITY PROJECT NO-07.02 SECTION 01541-PAGE 2 3!712007 SECTION 01551 SITE ACCESS AND PARKING 1.01 GENERAL A. The Contractor shall take all. necessary precautions for the protection of the Work and the safety of the public. All barricades and obstructions shall be illuminated at night, and all lights shall he kept burning from sunset until sunrise. The Contractor shall station such guards or flaggers and shall conform to such special safety regulations relating to traffic control as may be required by the public authorities within their respective jurisdictions. All signs, signals, and barricades shall conform to the requirements of Caltrans "Manual of Traffic Controls - Warning Signs, Lights, and Devices for Use in Performance of Work Upon Highways . " 1.02 HIGHWAY LIMITATIONS A. The Contractor shall make its own investigation of the condition of available access routes to and from the site of the Work. 1. 03 TEMPORARY STREET USE A. Street Use: Nothing herein shall be construed to entitle the Contractor to the exclusive use of any public street, alley, way, or parking area during the performance of the Work hereunder, and it shall so conduct its operations as not to interfere unnecessarily with the authorized work of the City, utility companies, or other agencies in such streets, alleys, ways, or parking areas . B. No street shall be closed to the public without first obtaining the permission of. the Engineer, the City, and other proper governmental authority, where applicable. C. Fire hydrants on or adjacent to the Work shall be kept accessible to fire-righting equipment at all times. D. Temporary provisions shall be made by the Contractor to assure the use of sidewalks and the proper functioning of all gutters, sewer inlets, and other drainage facilities . H. Traffic Control : For the protection of traffic in public or private streets and ways, the Contractor shall provide, place, and maintain all necessary barricades, traffic PALM SPRINGS STADIUM REPAINTING SITE ACCESS ANO PARKING CITY PROJECT NO,07.02 SECTION 0755b PAGE 1 3/7/2007 cones, warning signs, lights, and other safety devices in accordance with the requirements of State of California, Department of Transportation "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) 2003 EDITION AS AMENDED BY MUTCD 2003 CALIFORNIA SUPPLEMENT", or subsequent editions in force at the time of construction. 1 .04 ON-SITE PARKING A. Contractor may use the parking lot of the Library for parking of workers' vehicles . Contractor shall confirm acceptable location within the parking lot with the Engineer. END OF SECTION PALM SPRINGS STADIUM REPAINTING SITE ACCESS AND PARKING CITY PROJECT NO-07.02 SECTION 01551-PAGE 2 3/7/2007 SECTION 01561 'TEMPORARY ENVIRONMENTAL CONTROLS 1.01 DUST ABATEMENT A_ The Contractor shall furnish all labor, equipment, and means required and shall carry out effective measures wherever and as often as necessary to prevent its operation from producing dust in amounts damaging to property, vegetation or domestic animals, or causing a nuisance to persons living in or occupying buildings in the vicinity. The Contractor shall be responsible for any damage resulting from any dust- originating from its operations . The dust abatement measures shall be continued until the Contractor is relieved of further responsibility by the Engineer. B. The Contractor Shall be responsible for maintaining the project site and providing adequate dust control 24 hours a day, everyday, through the duration of the project, in conformance with City requirements, Section 7-8 of the Standard Specifications, and to the satisfaction of the City Engineer. ' 1.02 RUBBISH CONTROL A. During the progress of the work, the Contractor shall keep the site of the Work and other areas used by it in a neat and clean condition, and free from any accumulation of rubbish. The Contractor shall dispose of all rubbish and waste materials of any nature occurring at the Work site, and shall establish regular intervals of collection and disposal of such materials and waste. B. Contractor shall also keep its haul roads free from dirt, rubbish, and unnecessary obstructions resulting from its operations . Disposal of all rubbish and surplus materials shall be off the site of construction in accordance with local codes and ordinances governing locations and methods of disposal, and in conformance with all applicable safety laws . 1. 03 CHEMICALS A. All chemicals used or furnished for project operation, shall show approval of the U. S. Environmental Protection Agency or the U. S. Department of Agriculture. Use of all such chemicals and disposal of residues shall be in strict accordance with the printed instructions of the manufacturer. END OF SECTION PALM SPRINGS STADIUM REPAINTING TEMPORARY ENVIRONMENTAL CONTROLS CITY PROJECT N0.07-02 SECTION 01561-PAGE 1 3/7/2007 SECTION 01601 MATERIALS AND EQUIPMENT 1.01 GENERAL A. The word "Products, " as used herein, is defined to include purchased items for incorporation into the Work, regard- less of whether specifically purchased for project or taken from Contractor' s stock of previously purchased products. The word "Materials, " is defined as products which must be substantially cut, shaped, worked, mixed, finished, refined, or otherwise fabricated, processed, installed, or applied 'to form units of work. The word "Equipment" is defined as products with operational parts, regardless of whether' ' motorized or manually operated, and particularly including products with service connections (wiring, piping, etc, ) . • Definitions in L•his paragraph are not intended to negate the meaning of other terms used in Contract Documents, including "specialties, " "systems, " "structure, " "finishes, " "accessories, " "furnishings, " "special construction, " and similar terms, which are self-explanatory and have recognized meanings in the construction industry. 1.02 QUALITY ASSURANCE A. Source Limitations: To the greatest extent possible for each unit of work, the Contractor shall provide products, materials, or equipment of a singular generic kind from a single source, B. Compatibility of Options : Where more than one choice is available as options for Contractor' s selection of a product, material, or equipment, the Contractor shall select an option which is compatible with other products, materials, or equipment already selected. Compatibility is a basic general requirement of product/material selections, 1.03 MATERIALS A. Placing Orders, - The Contractor shall place the order (s) for all long-lead supplies, materials, and equipment within 3 working days after the award of Contract by the City. B. The Contractor shall. furnish the Engineer with a statement from the vendor (s) that the order (s) for said supplies, materials, and equipment has been received and accepted by said vendor (s) within 15 working days from the date of said award of Contract_ PALM SPRINGS STADIUM REPAINTING MATERIALS AND EQUIPMENT CITY PROJECT NO.07-02 SECTION 01 601-PAGE 1 3/7/2007 1 .04 TRANSPORTATION AND HANDELING A. Transport and handle Products in accordance with manufacturer' s instructions. B. Delivery of Materials: All manufactured materials shall be new and delivered in original, sealed packages, containers, rolls, or bundles, bearing the name of the manufacturer. C. Promptly inspect shipments to ensure that Products comply with requirements, quantities are correct, and Products are undamaged. D. Provide equipment and personnel to handle Products by methods to prevent damage. 1.05 STORAGE AND PROTECTION A. Store and protect Products in accord with manufacturer' s instructions. Store with seals and labels intact- and legible. B. The contractor's operations for the preparation of paints and storage of materials shall be limited to a designated area, and such space shall be kept clean and orderly at all times. The contractor shall employ all safety measures during operations for the prevention of fire. C. Store sensitive Products in weather tight enclosures in an environment favorable to Product. D. Storage shall be in such a manner that will prevent damage to the Products and will permit access for inspection. Periodically inspect to verify Products are undamaged and are maintained in acceptable condition . END OF SECTION PALM SPRINGS STADIUM REPAINTING MATERIALS AND EQUIPMENT CITY PROJECT NO, 0742 SECTION 01601-PAGE 2 3/7/2007 SECTION 01701 CONTRACT CLOSEOUT 1.01 FINAL C19ANUP A. The Contractor shall promptly remove from the vicinity of the completed Work, all rubbish, debris, unused materials, equipment, and temporary structures and facilities used during construction. Final acceptance of the Work by the City will be withheld until the Contractor has satisfactorily complied with the foregoing requirements for final cleanup of the project site. 1.02 CLOSEOUT TIMETABLE A, The Contractor shall establish dates for acceptance periods, (as required under the Contract) . Such dates shall be established not less than one week prior to beginning any of the foregoing items, to allow the City, the Engineer, and their authorized representatives and consultants sufficient time to schedule attendance at such activities . 1 . 03 FINAL SUBMITTALS A. The Contractor, prior to requesting its final progress payment-, shall submit the following items to the Engineer for transmittal •to the City: 1 . Written guarantees or warranties, where required 2 . Maintenance stock items 3. Bond for correction and repair period 4 . Certificates of inspection and acceptance by .local governing agencies having jurisdiction 5. Releases executed by property owners adjacent to the project• site at• t-esting that the Contractor has restored any damage done to their property during construction. 6. Releases from all parties who are entitled to claims against the subject project, property, or improvement pursuant to the provisions of law. 1. 04 COMPLETION OF THE WORT( PALM SPRINGS STADIUM REPAINTING CONTRACT CLOSEOUT CITY PROJECT NO-07-02 SECTION 01701-PAGE 1 3J712007 A. Completion of the Work, as the term is used in this Contract shall mean substantial completion of the Work and acceptance by the City. Substantial completion shall mean substantial performance of the Contract, which shall exist where there has been no willful departure from the terms of the Contract, and no omission in essential points, and the Contract has been honestly and faithfully performed in its material and substantial particulars, and the only variance consists of technical or relatively unimportant omissions or defects, and the Work can be used or occupied for the purpose for which it was intended. S. The date of substantial completion of the Project shall be the date when the construction is sufficiently completed, in accordance with the Contract Documents, as modified by any change orders agreed to by the parties, so that the City can occupy or utilize the project for the use for which it was intended, and the legislative body of the City has accepted the Project as evidenced by execution and recording of a Notice of Completion. 1 . 05 REMATNING PUNCH LIST ITEMS A. Upon attaining completion/substantial completion as defined in Article 14 . 7 of the General Conditions and upon acceptance of the Work by the City, by agreement between the parties some small remaining punch list items may remain to be completed by the Contractor, as provided under the provisions for "Completion of the Work" in Paragraph 1. 04A, herein. B. As provided in Articles 14 . 11 and 14 . 12 of the General Conditions, the City shall have the right to retain an additional amount of money from the final progress payment due the Contractor, equal to 1. 5 times the Engineer' s estimate of the value of such uncompleted punch list items . The Contractor hereby agrees to complete all such outstanding punch list items within 30 calendar days following the date of the Notice of Completion and acceptance of the Work by the City. C. As provided in Article 7-4 . 12 of the General Conditions, failure of the Contractor to complete or correct all such outstanding punch list work to the satisfaction of the Engineer within 30 calendar days following acceptance and Notice of Completion, shall constitute a waiver by the Contractor of all rights to any and all claims it may have to all monies withheld by the City under the Contract to cover the value of such uncompleted or uncorrected items . PALM SPRINGS STADIUM REPAINTING CONTRACT CLOSEOUT CITY PROJECT NO.07-02 SECTION 01701-PAGE 2 3/7/2007 1.06 CORRECTION AND REPAIR A. The Contractor shall comply with the correction and repair requirements contained in Article 13 of the General • Conditions. B. The Contractor shall make all repairs and replacements promptly upon receipt of written order ,from the City. If the Contractor fails to make such repairs or replacements promptly, the City reserves the right to do the work or to have the work done by others and the Contractor and its Surety shall be liable to the City for the cost thereof. 1.07 SEPARATE CORRECTION AND REPAIR BOND A. The Contractor shall provide a bond to guarantee performance of the provisions contained in ,Paragraph entitled "Correction and Repair, " above, and Article 13 of the General Conditions , END OF SECTION PALM SPRINGS STADIUM REPAINTING CONTRACT CLOSEOUT CITY PROJECT NO.07-02 SECTION 01701-PAGE 3 V712007 PART III - TECHNICAL SPECIFICATIONS DIVISION 9 — FINISHES SECTION 09900 - PAINTING PART 1 - GENERAL 1.01 DESCRIPTION A. The Requirement and the Work Included: Prepare, repaint and finish all exterior and interior surfaces of the Stadium (all previously painted areas) , scheduled or not, except those specifically designated not to be painted. All surfaces shall be finished to cover regardless of the number of coats required. All of the Work shall be performed in accordance with the highest standards and most current trade practices . Surfaces to be painted shall include, but not necessarily be limited to, the following: - Seating areas; including block walls, ramp areas, walkways, benches, decking and stairs (using aggregate non-skid coating) , handrails, ails re- lettering, etc. - Underside of seating areas - All exposed air condition ducts on the roof and metal parapet around the air condition equipment. - Chain link at Lop and sides of stands - Chain link at base of stands and at dugouts; poles - Dugouts (1-th and 3-rd base) ; floor, stairs, benches - Press Box (inside, outside, including stairs, roof, metal awning, chain link) - Front of stadium, main entrance decking area (using aggregate non-skid coating) and ticket booth - Manager' s office (outside & inside) - Locker rooms (wood lockers with metal dividers) , showers, baths, storage rooms, hallways - Restrooms (six) ; outside block, inside stucco & metal partitions - Snack bars with roof metal screens (1-st and 3-rd base) and souvenir booth (3-rd base) - Tall stadium light pales (six) and outfield foul line metal posts . - Perimeter outfield wall/plywood panels B. Related Work: Documents affecting the Work of this Section include, but are not necessarily limited to, the General Conditions, the Supplementary General Conditions, and technical sections of these Specifications. PALM SPRINGS STADIUM REPAINTING PAINTING CITY PROJECT NO. 07-02 SECTION 09900-PAGE 1 3/6/2007 C. Work Not Included: 1. Unless otherwise indicated, painting is not required on surfaces in concealed or inaccessible areas such as furred spaces, foundation spaces, utility tunnels, pipe spaces, and duct shafts. 2. The Contractor shall not paint the outside perimeter metal fence. 3. The Contractor shall not paint the inside of snack bars and souvenir booth. 4_ Metal surfaces of aluminum, stainless steel, chromium plate, copper, bronze, and similar finished materials will not require painting under this Section except as may be so specified. 5. The Contractor shall not paint moving parts of any operating units, mechanical or electrical parts such as valve operators, linkages, sensing devices, and motor shafts, unless otherwise indicated. 6. The Contractor shall not paint over required labels or equipment identification, name, or nomenclature plates. D. Definitions: "Paint, " as used herein, shall mean coating systems, materials, including primers, emulsions, epoxy, enamels, sealers, fillers, and other applied materials, whether used as prime, intermediate, or finish coats . 1.02 QUALITY ASSURANCE A. The Contractor shall employ adequate numbers of skilled workers who are thoroughly trained and experienced in the necessary trades and Who are completely familiar with the specified requirements and the methods needed for proper performance of the Work of this Section. B. Paint Coordination: The Contractor shall provide finish coats which are compatible with the prime coats actually used. 1 . Review other Sections of these Specifications as required, verifying the prime coats to be used and assuring compatibility of the total coating system for the various substrata. 2 . Upon request by the Engineer, furnish information on the characteristics of the specific finish materials to assure that comparable prime coats are used. PALM SPRINGS STADIUM REPAINTING PAINTING CITY PROJECT N0. 07-02 SECTION 09900-PAGE 2 2/6/2007 3. Provide barrier coats over non-compatible primers, or remove the primer and then re-prime as required. 4 . Notify the Engineer in writing of anticipated problems in using the specified coating systems over prime- coatings supplied under other Sections. 1.03 SUB14ITTALS A. Product Data: Within 7 days after the Contractor has received the City's Notice to Proceed, it shall submit: 1. A materials list of items proposed to be provided under this Section. 2. The manufacturer' s specifications and other data needed to prove compliance with the specified requirements . S. Samples: Following the selection of colors and glosses by the Engineer, as described under "Painting Schedule" in Part 3 of this Section, submit samples for the Engineer' s review. 1 . The Contractor shall provide 3 samples of each color and each gloss for each material in which the finish is specified to be applied. 2. Except as otherwise directed by the Engineer, the Contractor shall provide selected samples approximately 8 inches by 10 inches in size. 3. As directed by the Engineer, the Contractor shall provide 4 foot by 4 foot samples of colors to be used on the actual building itself. C. Revise and resubmit each sample as requested until the required gloss, color, and texture is achieved. Such samples, when accepted, will become standards of color and finish for accepting or rejecting the work of this Section. D. The Contractor shall not commence finish painting until accepted samples are on file at the project site. 1.04 PRODUCT TRANSPORTATION, HANDLING, STORAGE, AND PROTECTION. A. The Contractor Shall comply with pertinent provisions of Section 01601 . 1.05 JOB CONDITIONS A. The Contractor shall not apply solvent-thinned paints when the temperature of surfaces to be painted and the surrounding air temperatures are below 45 degrees F, unless PALM SPRINGS STADIUM REPAINTING PAINTING CITY PROJECT N0,07-02 SECTION 09900-PAGE 3 3/6/2007 otherwise permitted by the manufacturer' s printed instructions, as accepted by the Engineer. B. Weather Conditions: The Contractor shall not apply paint in snow, rain, fog, or mist; or when the relative humidity exceeds 85 percent; or too damp or too wet surfaces, unless Otherwise permitted by the manufacturer' s printed instructions, and accepted by the Engineer. Applications may be continued during inclement weather only within the temperature limits specified by the paint manufacturer as being suitable for use during application and drying periods, as accepted by the Engineer. 1.06 EXTRA STOCK A. Upon completion of the Work, the Contractor shall deliver to the City an extra stock equaling 10 percent of each color type and gloss of paint used in the Work, tightly sealing each container, and clearly labeling with the contents and the location (s) where used. PART 2 - PRODUCTS 2.01 PAINT MATERIALS A. Acceptable Materials: The Painting Schedule in Part 3 of this Section is based in general on the products of Dunn-Edwards Corporation. 1. Equal products of Sinclair Paint, Frazee Industries, or other manufacturers, when accepted in advance by the Engineer. , may be substituted in accordance with the provisions of the Contract. 2. Where products are proposed other than those specified by name and number in the Painting Schedule, the Contractor shall provide, under the product data submittal required by Article 1. 03 of this Section, a new painting schedule compiled in the same format used for the Painting Schedule included- in this Section. 3. All products shall be first quality, and comply with applicable health, safety, and environmental regulations. B. UndercoaLs and Thinners: The Contractor shall provide undercoat paint produced by the same manufacturer as the finish teat or as recommended by the manufacturer of the finish coat- . PALM SPRINGS STADIUM REPAINTING PAINTING CITY PROJECT NO 07-02 SECTION 09900- PAGE 4 3/6/2007 1. The Contractor shall use only the thinners recommended by the paint manufacturer and shall use only to the recommended limits . 2 . Insofar as practicable, the Contractor shall use the undercoat, finish coat, and thinner material as parts of a unified, compatible system of paint finish. 2.02 COLOR SCHEDULE A. The Contractor shall use three prevalent colors for exterior finish. The Color Schedule is not approved yet:, it will be specified in an addendum before the Pre-Sid Visit to Work site. 2.03 APPLICATION EQUIPMENT A. For application of the accepted paint-, the Contractor shall use such equipment as is recommended for application of the particular paint, and as accepted by the Engineer. S. Prior to use of application equipment-, the Contractor shall verify that the proposed equipment is actually compatible with the material to be applied, and that the integrity of the finish will not be jeopardized by the use of the proposed equipment. 2.04 OTHER MATERIALS A. The Contractor shall provide and apply other materials, not specifically described, but required for a complete and pzoper installation, as selected by the Contractor, suhDect to the acceptance of the Engineer. PART 3 -- EXECUTION 3.01 SURFACE CONDITIONS A. The Contractor shall properly remove and dispose of a17, plant material (if any) adhering to walls scheduled to be finished in a manner consistent with currently acceptable professional landscaping trade practices and procedures . 1 . All shrubs that contact walls scheduled to be finished shall be pruned away from said walls a sufficient distance to allow adequate inspection, preparation, and finishing- 2 . The Contractor shall not proceed with any surface preparation until the above requirements have been met, and have been approved by the Engineer. PALM SPRINGS STADIUM REPAINTING PAINTING CITY PROJECT NO. 07-02 SECTION 09900 • PAGE 5 3/6/2007 B. The Contractor shall examine the areas and conditions under which the Work shall be performed. The Contractor shall correct all conditions detrimental to the timely and proper completion of the Work, and shall not proceed until any unsatisfactory conditions are corrected. 3.02 MATERIALS PREPARATION A. General: The Contractor shall mix and prepare paint materials in strict- accordance with the manufacturer' s recommendations, as accepted by the Engineer. 1 . When materials are not in use, store in tightly covered containers. 2. Maintain containers used in storage, mixing and application of paint in a clean condition, free from foreign materials and residue. B. Stirring: The Contractor shall adequately stir materials before application, producing a mixture of uniform density. 1. Do not stir into the material any film which may form in the surface, but remove the film, and if necessary, strain the material before using. 3.03 SURFACE PREPARATION AND PAINTING SCHEDULE 3. 03-1 GENERAL A. The Contractor shall perform preparation and cleaning procedures in strict accordance with the paint manufacturer' s printed recommendations, as accepted by the Engineer. B. The Contractor shall remove removable items which are in place and are not scheduled to receive paint finish, such as electrical cover plates, or shall provide surface-applied protection prior to any surface preparation and painting operations. Following completion of painting in each space or area, reinstall the removed items by using workers who are skilled in the necessary trades . C. The Contractor shall clean each surface to be painted prior to applying paint or surface treatment. Remove oil and grease with clean cloths and cleaning solvent of low toxicity and flash point in excess of. 200 degrees F, prior to start of mechanical cleaning- PALM SPRINGS STADIUM REPAINTING PAINTING CITY PROJECT NO-07-02 SECTION 09900-PAGE 6 3/6/2007 D. The Contractor shall schedule the cleaning and painting so that dust and other contaminants from the cleaning process will not fall on to wet, newly-painted surfaces. E. The Contractor shall mask or cover all surfaces not intended to be finished, and shall immediately remove any spilled or splattered paint from surfaces not scheduled for finishing. F. The Contractor shall paint or finish all air register and return grilles. The interior of all air-conditioning ducts at grilles shall be painted matte black. 3.03-2 EXTERIOR MASONRY AND CONCRETE SURFACES A. Surface Preparation Remove all dirt, chalk, and all surface contaminants that will interfere with -adhesion of subsequent coats without damaging the substrates or adjacent areas . Wire brush all loose and peeling paint and dust all surfaces before spot priming or applying finish coats . Power wash all areas to be painted, and use a mild detergent solution such as MI-T-M' s surface prep if required. Then rinse with clear clean water until all residues has been removed from all surfaces . Allow the surfaces to thoroughly dry before proceeding with preparation or painting. Moisture content for Masonry and Stucco must not exceed 17% After washing the surfaces, the areas must be carefully examined for cracking, blistering, peeling, or flaking of existing paint. All loose, unsound, or non-adhering paint must be removed. Sandblasting should be performed by a qualified contractor to insure protection of the substrate and the surrounding areas, as well as adherence to all state and local regulations . Mildew may be dealt with at this time by metering a mildewcide in the power wash. If not metering a solution in the power wash, scrub affected areas with the following solution: Household Bleach (Clorox) 1 Quart Add warm water to make 1 Gallon or use a commercially available mildewcide. Rinse all surfaces with clean, clear water to remove any remaining residue. Severe mildew may require additional treatment . Again allow the surfaces to thoroughly dry before proceeding with preparation or painting. PALM SPRINGS STADIUM REPAINTING PAINTING CITY PROJECT NO. 07-02 SECTION 09900-PAGE 7 3/6/2007 Caution: Bleach may be harmful to eyes, clothing, and surrounding vegetation, so take all precautions to ensure safety. Efflorescence, white residue salt deposits, should be removed by wire brushing and acid etching with phosphoric acid. Rinse all surfaces with clean, clear water to remove any remaining residue. Note: Efflorescence, which appears on cementitious or plaster surfaces, is caused by moisture entering or contained in the substrate. Water-soluble salts in the masonry are brought to the surface where the water evaporates, leaving white residue salt deposits. Defects, which cause this problem, must be corrected before any painting is attempted. Where rust stains are present the source must be identified and corrected (i.e. nail heads, flashing, handrails, etc. ) . Surfaces should then be cleaned and spot primed with the appropriate primer or sealer as stated in the Painting Schedule. Large cracks must be V-grooved out, and all other surface defects, such as holes and the like, must be repaired using the appropriate patching materials to match the surrounding surface profile. Dust surface and spot prime all patched areas with the appropriate primer or finish coat as stated in the Painting Schedule. Degloss all glossy and previously enameled surfaces to provide a roughened surface or "Tooth" for good adhesion of subsequent coats . Spot- prime all patched and sanded areas with the appropriate primer or finish coat as stated in the Painting Schedule. B. Painting Schedule The Contractor shall provide and apply the following paint finishes: Block. Walls and Perimeter Pasts to Gates Spot Prime EFF-STOP, Acrylic Masonry Primer/Sealer (W 709) First Coat ACRI-FLAT, Exterior 100% Acrylic Flat Finish (W 704V) Second Coat ACRI-FLAT, Exterior 100% Acrylic Flat Finish (W 704V) Stucco: Walls and Ceiling Full Prime EFF-STOP, Acrylic Masonry Primer/Sealer PALM SPRINGS STADIUM REPAINTING PAINTING CITY PROJECT NO. 07-02 SECTION 09900-PAGE 8 3/6/2007 (W 709) First Coat ACRI-FLAT, Exterior 100% Acrylic Flat Finish (W 704V) Second Coat ACRI-FLAT, Exterior 100% Acrylic Flat Finish (W 704V) Concrete: Walls, Stairs, Decks, and Ramps Full Prime ULTRA PRIME, Monochem, (MONO-5800) Second Coat MONOCHEM, Dex-Coat White Smooth, (MONO 2600) Third Coat MONOCHEM, Dex-Coat White Smooth, (MONO 2600) 3.03-3 EXTERIOR METAL A. Surface Preparation Remove all loose and peeling paint, dirt, chalk, and all surface contaminants that will interfere with adhesion of subsequent coats, without damaging the substrates of adjacent areas. Wire brush all loose and peeling paint and dust all surfaces before spot priming or applying finish coats . Sandblasting should be performed by a qualified contractor to insure protection of the substrate and the surrounding areas, as well as adherence to all state and local regulations . Power wash all areas to be painted, and use a mild detergent solution such as MI-T-M' s surface prep if required_ Then rinse with clean, clear water until all residue has been removed from all surfaces . Allow the surfaces to thoroughly dry before proceeding with preparation or painting. After washing the surfaces, the areas must be carefully examined for cracking, blistering, peeling or flaking of existing paint. All loose, unsound, or non-adhering paint must be removed. Mildew may be dealt with at this time by metering a mildewcide in the power wash. If not metering a solution in the power wash, scrub affected areas with the following solution: Household Bleach (Clorox) 1 Quart Add warm water to make 1 Gallon Or use a commercially available mildewcide. Rinse all surfaces with clean, clear water to remove any remaining residue. Severe mildew may require additional treatment. Again allow the PALM SPRINGS STADIUM REPAINTING PAINTING CITY PROJECT NO. 07.02 SECTION 09500-PAGE 9 3/6/2007 surfaces to thoroughly dry before proceeding with preparation or painting. Caution: Bleach may be harmful to eyes, clothing, and surrounding vegetation, so take all precautions to ensure safety. Power sand or hand sand all areas of loose, unsound, or non adhering paint. All thick edges of the remaining paint shall be feather edged, filled as necessary, and then dusted. Rust, Scale, and Corrosion should be removed either by power sanding or hand sanding and spot primed with the appropriate primer or finish coat as stated in the Painting Schedule. Unpainted galvanized metal should be solvent washed, treated with GRLVA-ETCH (GE 123) , and primed with the appropriate primer or finish coat as stated in the Painting Schedule. Degloss all glossy and previously enameled surfaces to provide a roughened surface or "Tooth" for good adhesion of subsequent: coats . Spot prime all patched and sanded areas with the appropriate primer or finish coat as stated in the Painting Schedule. B. Painting Schedule The Contractor shall provide and apply the following paint finishes: Doors, Wall Panels, Flashing, Awnings, Decks, Benches Full Prime CORROBAR, White Alkyd Corr. Inhibitive Primer (43--5) , or BLOC-RUST, Red Oxide Alkyd Corr. Inhibitive Primer (43-4) Second Coat PERMASHEEN, 100% Acrylic Semi-Gloss Enamel (W 901V) Third Coat PERMASHEEN, 100% Acrylic Semi-Gloss Enamel (W 901V) Wrouqht Iron: Perimeter Gates and all other Gates, Grids, Fencing, Security Covers Full Prime CORROBAR, White Alkyd Corr. Inhibitive Primer (43-5) or BLOC-RUST, Red Oxide Alkyd Corr. Inhibitive Primer (43-4) Second Coat PERMASI-IEEN, 100% Acrylic Semi-Glass Enamel (W 901V) Third Coat PERMASHEEN, 100% Acrylic Semi-Gloss Enamel (W 901V) PALM SPRINGS STADIUM REPAINTING PAINTING CITY PROJECT NO, 07-02 SECTION 09900 - PAGE 10 3/6/2007 Poles, Gutters, Light Fixtures, Light Poles, Stairwell Supports, Conduits, Pipes, Stairs, Fire Hydrants Full Prime ULTRA-GRIP, Multi-Purpose Latex Primer (W 715) First Coat PERMASHEEN, 100% Acrylic Semi-Gloss Enamel (W 901V) Second Coat PERMASHEEN, 100% Acrylic Semi-Gloss Enamel (W 901V) New Fiberglass Pertaining to Bleachers Full Prime 400 XIM Clear or 400 XIM White Second Coat PERMASHEEN, 100% Acrylic Semi-Gloss Enamel (W 901V) Third Coat PERMASHEEN, 100% Acrylic Semi-Gloss Enamel (W 901V) 3.03--4 EXTERIOR WOOD A. Surface Preparation Remove all dirt, chalk, and all surface contaminants that will interfere with adhesion of subsequent coats, without damaging the substrates or adjacent areas. Wire brush all loose and peeling paint and dust all surfaces before spot priming or applying finish coats . Power wash all areas to be painted, and use a mild detergent solution such as MI-T-M' s surface prep if required. Do not use a 0° blasting tip for cleaning any wood substrates . Then rinse with clean, clear water until all residue has been removed from all surfaces. Allow the surfaces to thoroughly dry before proceeding with preparation or painting. Mildew may be dealt with at this time by metering a mildewcide in the power wash. If not metering a solution in the power wash, scrub affected areas with the following solution: Household Bleach (Clorox) 1 Quart Add warm water to make I Gallon Or use a commercially available mildewcide. Rinse all surfaces with clean, clear water to remove any remaining residue . Severe mildew may require additional treatment . Again allow the surfaces to thoroughly dry before proceeding with preparation or painting. PALM SPRINGS STADIUM REPAINTING PAINTING CITY PROJECT NO.07-02 SECTION 09900-PAGE 11 3/6/2007 Caution: Bleach may be harmful to eyes, clothing, and surrounding vegetation, so take all precautions to ensure safety. Power sand or hand sand all areas of loose, unsound, or non adhering paint. All thick edges of the remaining paint shall be feather edged, filled as necessary, and then dusted. Tannic Acid Bleeding is caused by moisture carrying the water soluble color extractives to the surface. The source of this moisture must be located and corrected. Wash the surface with a mixture of 50% denatured alcohol and 50% water and allow to dry, or use oxalic acid following manufacturer' s recommendations. Prime affected areas with the appropriate primer, sealer, or finish coat as stated in the Painting Schedule. Where rust stains are present the source must be identified and corrected (i . e. nail heads, flashing, handrails, etc. ) . Surfaces should then be cleaned and spot primed with the appropriate primer or sealer as stated in the Painting Schedule. Patch all holes and other surface defects with the appropriate material . Re-set- all protruding nail heads and fill with putty where necessary. Degloss all glossy and previously enameled surfaces to provide a roughened surface or "Tooth" for good adhesion of subsequent coats. B. Painting Schedule The Contractor shall provide and apply the following paint finishes: Decking and Bleachers Full Prime E-7, PRIME, Ext. 100% Acrylic Wood Primer (W 708) Second Coat ACRI-FLAT, Exterior 100% Acrylic Flat Finish (W 704V) Third Coat ACRI-FLAT, Exterior 100% Acrylic Flat Finish (W 704V) Perimeter Outfield Wall and Previously Painted Wood Spot Prime ULTRA-GRIP, Multi-Purpose Latex Primer (W 715) First Coat ACRI-FLAT, Exterior 100% Acrylic Flat Finish (W 704V) PALM SPRINGS STADIUM REPAINTING PAINTING CITY PROJECT NO. 07-02 SECTION 09900-PAGE 12 3/G/2007 Second Coat ACRI-FLAT, Exterior 100% Acrylic Flat Finish (W 704V) Fascia, Walls, and Perimeter Walls Full Prime E-Z PRIME, Ext. 1000 Acrylic Wood Primer (W 708) First Coat ACRI-FLAT, Exterior 100% Acrylic Flat Finish (W 704V) Second Coat ACRI-FLAT, Exterior 100% Acrylic Flat Finish (W 704V) New Wood at Press Box, Concession Stands, Bleachers, and all other miscellaneous new wood Full Prime E-Z PRIME, Ext. 100% Acrylic Wood Primer (W 708) Second Coat ACRI-FLAT, Exterior 100% Acrylic Flat Finish (W 704V) Third Coat ACRI-FLAT, Exterior 100% Acrylic Flat Finish (W 704V) 3.03-5 INTERIOR DRYWALL, PLASTER CONCRETE A. Surface Preparation Remove all dirt, grease, and all other surface contaminants that will interfere with adhesion of subsequent coats, without damaging the substrates or adjacent areas . Repair all cracks, holes, chipped areas and imperfections. There shall be no color • or texture changes at repaired or patched areas . The Contractor shall use only "Custom" Flexall flexible all-purpose filler, or equal. ' Wash the surfaces with the appropriate solution and when thoroughly dry, carefully examine for cracking, blistering, peeling or flaking of existing paint . All loose, unsound, or non-adhering paint- must be removed. NOTE: Moisture content should not exceed the following: Drywall 12%, Plaster 120, Concrete 12% . Mildew on interior surfaces is aided in growth when there is a lack of ventilation, high moisture content in the air, and a lack of sunlight. Whenever possible, addressing these conditions will help alleviate the problem in the future. To remove mildew, wash the affected areas with the following solution: Household Bleach (Clorox) 1 Quart Add warm water to make 1 Gallon PALM SPRINGS STADIUM REPAINTING PAINTING CITY PROJECT NO. 07-02 SECTION 09900-PAGE 13 3/6/2007 Rinse all surfaces with clean, clear water to remove any remaining residue. Severe mildew may require additional treatment. Again allow surfaces to thoroughly dry before proceeding with preparation or painting. Caution: Bleach may be harmful to eyes, clothing, and surrounding vegetation, so take all precautions to ensure safety. Efflorescence, white residue salt deposits, should be removed by wire brushing and acid etching with phosphoric acid. Rinse all surfaces with clean, clear water to remove any remaining residue. Note: Efflorescence, which appears on cementitious or plaster surfaces, is caused by moisture entering or contained in the substrate. Water-soluble salts in the masonry are brought to the surface where the water evaporates, leaving white residue salt deposits . Defects, which cause this problem, must be corrected before any painting is attempted. Water stains should be primed with a stain blocking primer to prevent bleeding through. This should be done only after the source of the water has been alleviated and the surface has thoroughly dried. New plaster and masonry surfaces should be checked for alkalinity using phenolphthalein. The surface color will change to purple when excess alkaline is present. Neutralize the surface with a 5% phosphoric acid solution. Patch all voids and holes with the appropriate patching material to match surrounding surfaces . Sand, dust, and spot prime with the appropriate primer or finish listed in the Painting Schedule. Degloss all glossy and previously enameled surfaces to provide a roughened surface or "tooth" for good adhesion of subsequent coats. Spot prime all patched and sanded areas with the appropriate primer or finish coat as stated in the Painting Schedule. B. Painting Schedule The Contractor shall provide and apply the following paint finishes: Drywall and Plaster Spot Prime UNSKOTE, Int. 100% Acrylic Enamel UndercoaLer (W 707V) First Coat SUPREMP , Latex Low Gloss Enamel (W 411) PALM SPRINGS STADIUM REPAINTING PAINTING CITY PROJECT NO- 07-02 SECTION 09900 -PAGE 14 3/6/2007 Second Coat SUPREMA, Latex Low Gloss Enamel (W 411) New Work and New Sheet-rock Full Prime UNIKOTE, 1nt. 100% Acrylic Enamel Undercoater (W 707V) Second Coat- SUPREMA, Latex Low Gloss Enamel (W 411) Third Coat SUPREMA, Latex Low Gloss Enamel (W 411) 3.03-6 INTERIOR METAL A. Surface Preparation Remove all dirt, grease, and all other surface contaminants that will -interfere with adhesion of subsequent coats, without damaging the substrates or adjacent areas. Wash surfaces and carefully examine for cracking, blistering, peeling, or flaking of existing paint. All loose, unsound, or non-adhering paint must be removed. Remove all rust and scale and spot prime with the appropriate primer as stated in the Painting Schedule. All galvanized metal, either bright or dull, should be carefully evaluated. Treat with GALVA-ETCH (GE 123) where appropriate and prime as stated in the Painting Schedule. Sand all thick edges of the remaining paint to feather edge and dust. Fill all voids and holes and sand to match the surrounding substrate. Degloss all glossy and previously enameled surfaces to provide a roughened surface or "tooth" for good adhesion of subsequent coats. Spot prime all hare metal areas as well as all patched and filled areas with appropriate primer as stated in the Painting Schedule. B. Painting Schedule The Contractor shall provide and apply the following paint finishes: Door, Gates, Grids, and Lockers Spot Prime ULTRA-GRIP, Multi-Purpose Latex Primer (W 715) First Coat PERMASHEEN, 100% Acrylic Semi-Gloss PALM SPRINGS STADIUM REPAINTING PAINTING CITY PROJECT NO.07.02 SECTION 09900-PAGE 15 3/6/2007 Enamel (W 901V) Second Coat PERMASHEEN, 100% Acrylic Semi--Gloss Enamel (W 901V) Ladder and Conduits Spot Prime ULTRA-GRIP, Multi-Purpose Latex Primer (W 715) First Coat PERMASHEEN, 100% Acrylic Semi-Gloss Enamel (W 901V) Second Coat PERMASHEEN, 100% Acrylic Semi--Gloss Enamel (W 901V) Bathroom Partitions Spot Prime UNIKOTE, Int. 100% Acrylic Enamel Undercoater (W 707V) First Coat PERMASHEEN, 100% Acrylic Semi-Gloss Enamel (W 901V) Second Coat PERMASHEEN, 100% Acrylic Semi-Gloss Enamel (W 901V) 3. 03-7 INTERIOR WOOD A. Surface Preparation Remove all dirt, grease, and all other surface contaminants that will interfere with adhesion of subsequent coats, without damaging the substrates or adjacent areas . Wash the surfaces with the appropriate solution and when thoroughly dry, carefully examine for cracking, blistering, peeling or flaking of existing paint. All loose, unsound, or non-adhering paint must be removed. NOTE: Moisture content for interior wood must not exceed 80 . Sand all thick edges� of the remaining paint to feather edge and dust . Patch all holes and other surface defects with the appropriate patching material. Re-set all protruding nail heads and fill with putty where necessary. Degloss all glossy and previously enameled surfaces to provide a roughened surface or "tooth" for good adhesion of subsequent coats . PALM SPRINGS STADIUM REPAINTING PAINTING CITY PROJECT NO, 07-02 SECTION 00900 -PAGE 16 3/6/2007 Spot prime all patched and filled areas as well as any new wood with the appropriate primer or sealer as stated in the Painting Schedule. S. Painting Schedule The Contractor shall provide and apply the following paint finishes: Previously Painted, Cabinets, Trim Spot Prime ULTRA-GRIP, Multi-Purpose Latex Primer (W 715) First Coat PERMASI•IEEN, 100% Acrylic Semi-Gloss Enamel (W 901V) Second Coat PERMASHEEN, 100% Acrylic Semi-Gloss Enamel (W 901V) New Wood Spot Prime ULTRA-GRIP, Multi-Purpose Latex Primer (W 715) first Coat PERMASHEEN, 100% Acrylic Semi-Gloss Enamel (W 901V) Second Coat PERMASHEEN, 100% Acrylic Semi-Gloss Enamel (W 901V) 3. 04 PAINT APPLICATION A. General: Paints shall be applied in accordance with the manufacturer' s printed directions . Painting shall not be done when the temperatures became extreme. Precautions should be taken when temperature exceeds 90' F, or when the temperature falls below 50' F. The new and old coatings must be compatible. S. All finishes shall be applied evenly and be free from runs, sags, skips, crawls, or other defects. C. Do not apply additional coats until the completed coat has been inspected and accepted by the Engineer- Only the inspected and accepted coats of paint shall be considered in determining the number of coats applied. D. The Contractor shall sand and dust between coats to remove defects visible to the unaided eye from a distance of 5 feet. E. On removable panels and hinged panels, the Contractor shall paint the back sides to match the exposed sides. PALM SPRINGS STADIUM REPAINTING PAINTING CITY PROJECT NO. 07-02 SECTION 09900-PAGE-17 3/6/2007 F. Should a color change be required, 'the Contractor shall change colors at interior corners only. G. Drying: The Contractor shall allow sufficient: drying time between coats, modifying the period as recommended by the material manufacturer to suit adverse weather conditions. Consider oil-base paint as dry for recoating when the paint feels firm, does not deform or feel sticky under moderate pressure of the thumb, and when the application of another coat of paint does not cause lifting or loss of adhesions of the undercoat. G. Brush Applications: The Contractor shall brush out and work the brush coats onto the surface in an even film. Cloudiness, spotting, holidays, laps, brush marks, runs, sags, ropiness, and other surface imperfections will not be acceptable and will be rejected. H. Spray Application: Except as otherwise specifically accepted by the Engineer, the Contractor shall confine spray application to metal framework and similar surfaces where hand brush work would be inferior. Where spray application is used, apply each coat to provide the hiding equivalent of brush coats. The Contractor shall not double back with spray equipment in order to build up the film thickness of 2 coats in one pass. 1 . For completed work, the Contractor shall match the accepted samples as to texture, color, and coverage. Remove, refinish, or repaint the Work not in compliance with the specified requirements. J. Exposed Mechanical Items: The Contractor shall finish all access doors, conduits, ducts (where specified) , grilles, registers, vents, and items of similar nature to match the adjacent wall and ceiling surfaces, or as directed by the Engineer. Exposed vents: Apply 2 coats of heat-resistant paint acceptable to the Engineer. L. Hardware: The Contractor shall paint prime-coated hardware to match adjacent surfaces . 3.05 CORRECTION AND REPAIR PERIOD A. All painting shall be guaranteed to be free of defects, discolor ng, etc. , for a minimum period of 1 year from the date of the Notice of Completion. PALM SPRINGS STADIUM REPAINTING PAINTING CITY PROJECT NO. 07-02 SECTION 09900-PAGE 18 3/G/2007 3.06 COMPLETION AND CLEANING A. On completion of the Work, the Contractor shall carefully clean all glass, hardware, etc. , and remove all misplaced paint spots, stain spots, or spills, and leave the Work in a condition acceptable to the Engineer. B. Upon completion of the work and before acceptance and final payment shall be made, the contractor shall clear the entire project and all grounds occupied by him in connection with his work of all rubbish, excess material, and any other debris caused by his operations . 3.07 SPECIAL NOTES: On stairs and decking areas the Contractor shall use aggregate non-skid coating: AST AS150, or equal . Fiberglass on damaged wood bleachers and all damaged wood will be replaced by the City, and all necessary sheetrock/drywall repairs will be done by the City of Palm Springs . END OF SECTION - PALM SPRINGS STADIUM REPAINTING PAINTING CITY PROJPCT NO. 07-02 SECTION 09900- PAGE 19 3/6/2007