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Home My WebLink About05236 - ALCORN FENCE COMPANY VISTA CHINO FLOOD GATES CP 05-26 0QC # 2006-0250424 04/07/2006 08:00f1 Fee:NC Page t of 1 Recorded in Official Records County of Riverside Larry L . Ward Assessor, County Clerk & Recorder I IIIIII IIIIII IIIII II IIIIII IIII�IIIIII III III�I IIII IIII Recording Requested By And M s U PNGE EIyE DA PGOR NOCOR EMF MILD. When Recorded Return To: City of Palm Springs Attn: City Clerk P.O. Box 2743, Palm Springs CA 92263-2743 (SPACE ABOVE THIS LINE FOR RECORDIN(:I SE) A R t COPY LONG REFUND NCHO EXW (EXEMilr FROM RECORDING FL•E VCR GOV.CODE 5 6103) NOTICE OF COMPLETION EM NOTICE IS HEREBY given that: 1. The City of Palm Springs, Cehfornia, is a municipal corporation, organized and incorporated pursuant to the laws of the State of California. 2, The City Clerk of the City of Palm Springs is authorized and directed to execute, on behalf of said City, any and all Notices of Completion. 3. The address of the City of Palm Springs is City Hall,3200 E_.Tahquitz Canyon Way, Palm Springs, California(P.O. Box 2743, Palm Springs, CA 92263-2743). 4. The public work of improvement on the hereinafter referred to real property within the city was COMPLETED on the 31' day of March, 2006. 5. The name of the contractor (if named) for such work of improvement was: Alcorn hence Company, 6445 Pedley Road, Riverside, CA 92509. 6. The public work of improvement, which was completed in the City of Palm Springs, County of Rivemula, State of California, is described as follows: Vista Chino Flood Gates Project. 7. Nature of Interest: Fee Owner 8. The property address or location of said property is: Vista Chino at east and west end of the Whitewater River Wash,Palm Springs, C.A. 9- City Project No. 05-26, Agreement Number! 5236, Min�in}}u-�teOrder Number: 7813 CITY OF PALM SPRINGS: REVIEWED BY: V- P� i DATED: 3-31 0[0 tr Maintenance Manager BY: DATED: Director of Public Works/City Engineer V David J. Baroki.in TAMES THOMFSON, being duly sworn, says: That he is the City Clerk of the aforesaid City of Palm Springs,California,ilia 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 Riots stated therein arc true; that as said City Clark, he makes this verification on hchalf of said municipal corporation. �0" City Clerk -James ThotmpsA Tndex No. 0206 A CITY OF PALM SPRINGS CALIFORNIA 0 +•+ P.O.Box 2743,Palm Springs, California 92263, (760)323-8253 Department of Public Works and Engineering, i `r„t ,;(,c•• p NOTICE OF ACTION FOR: ■PUBLIC AND/OR ❑ PRIVATE IMPROVEMENTS C TO: Alcorn Fence Company. ACCEPTANCE DATE: March 31,2006 � 6445 Pedley Road PROJECT CP#05-26,Vista Chino Flood Gates , Riverside,CA 92509 AGREEMENT NO. 5236 , MINUTE ORDER NO. 7813 �� This is to inform you that a Notice of Completion has been filed and recorded on the above-named project Kt/ PUBLIC IMPROVEMENTS PRIVATE IMPROVEMENTS Curbing L.F. Curbing L.F. ' Street Paving SF Street Paving SF pt Sidewalks ST Sidewalks S.F. Driveway Approaches S.F. Driveway Approaches S.F. �r✓ 4 Bike Paths EA. Bike Paths S.F. Cd Sewer Mains L.P. Sewer Mains L.F. l�;a Sewer Laterals L F. Sewer Laterals L.F. Sewer Manholes EA Sewer Manholes EA. Storm Drains L.F. Storm Drains L.F. Survey Monuments EA, Survey Monuments EA. Lighting/Landscaping L.S Flood Gates(2 locations) L.S. Location: Vista Chino at east and west end of the Whitewater River Wash. C.P.S.Drawing No(s) Specifications Permit No. Palm Springs-13752: Cathedral City-EO6-03541 Contractor(s)actually doing the work Alcorn Fence Company Notify your bonding company/bank to release the following bonds: No. 104633760 in the amount of $ 39,605 Performance OK I07I07 No. 104633760 in the amount of $ 39,605 Payment 65�00 lo(o No, in the amount of $ Monuments No. in the amount of $ Maintenance Security No. in the amount of $ Correction&Repair Construction bond in the amount of $ for Engineer: CITY ENGINEER Bond Co,/Bank:Travelers Casualty and Surety Company of America Conaments:FINAL CONTRACT AMOUNT: S 39,605 Submitted by: P& f15„ Dated: Street Maintenance Manager Approved by: f��'%� Dated: ;; )6 Director of Public Works/City Engineer Distribution.Original to Engineering Project File;Copies to Addressee,City Clerk,Engineering NOA Binder,Street Maintenance Manager,Building, and Facilities Index No. 0603 Alcorn Fence Company Vista Chino Flood Gate CP 05-26 Agreement A5236 MO 7813, 02-15-06 J,lhry y 6��AGREEMENT' 1�A —" -- - _ -- _-- __-- - - - THIS AGREEMENT made this ^ day of �uo b in the year 2006, 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 Alcorn Fence Company hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 --THE WORK The Contractor shall complete the Work as specified or indicated under the Bid Schedules) of the City's Contract Documents entitled: VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 The Work is generally described as follows: The Work comprises the construction of flood gates (pipe swing gates),concrete foundations and all appurtenant work on Vista Chino Road at the Whitewater Wash. 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. i The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof,the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), I the Contractor shall pay the City the sum of $576.00 for each calendar day that expires after the time specified in Article 2, herein. ARTICLE 3--CONTRACT PRICE i The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Pricels) named in the Contractor's Bid and Bid Schedule(s). ARTICLE 4—THE CONTRACT DOCUMENTS i r The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, Federal Labor Standards Provisions, Federal Rates of Prevailing Wages, the accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers 0 to 0 , inclusive, and all Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5--PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the Engineer or the City as provided in the Contract Documents. VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 1/12/06 AGREEMENT FORM AGREEMENT AND BONDS- PAGE 1 ARTICLE 6—NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7--MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications for Public Works Construction 1"Greenbook") and the Special Provisions will have the meanings indicated in said Standard Specifications and Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, 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. i -ATTEST: CITY OF PALM SPRINGS, CALIFORNIA APPROVED BY THE CITY COUNCIL: Minute Order No. 7813 Date 2/15/06 City Clerk 'ROVED AS TO FORM: Agreement No. A5236 By �� APPROVED 6Y CITY COUNCIL " ppg City Attorney Date �2 CONTENTS APPROVED: By lC City Engineer Date City Manager Date VV10,Y0r, b r100 t VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 1/12106 AGREEMENT FORM AGREEMENT AND BONDS-PAGE 2 WORKER'S COMPENSATION CERTIFICATE (AS REQUIRED BY SECTION 1861 OF THE CALIFORNIA LABOR CODE) 1 am aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract. I Con tractoAL ORN NCE CON.PANY By rt, G E . CKSON Title - —. ,tt's [DpNm VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 1112/06 WORKER'S COMPENSATION CERTIFICATE AGREEMENT AND BONDS- PAGE 3 CONTRACTOR:Check one:_Individual _Partnership Corporation Corporations require two notarized signatures: One from each of the followin : A. Chairman of Board, President, or any Vice President B. Se tary,Assistant Secretary, Treasurer, Assistant Treaguer, or Chief Financial Officer. r� P By By SIGNA E N (TA RRED S NATURE �pARIZED Name:�aR VT_1Tr`7Qn*W Name: r'kbaA►`3(/ • Veo�:/'k°� ,/ Title: r� +$,J.� j Title: r-JI�+�F�Y I-w role--ro Ct rlPfii!'t A C`f7N FEiiI COMPANY Jil01 Pule` n"4o il�d Address: a5�D1 CalellGaks Lfvd.Address: � ° Sun Valley, �s'`': �W`;S,i L `�1�, . ?.?a2 Calif, 91352 State of GVi"Fo e'nlil State of eAu pe_gj,;4 County of AD-5 19fl P Qa County of A,(,1,5 JO N 9 6 040me O _ before me h i5 aN� n personally appeared persc ally appeared cRet 1C raA �il+ m y P11�7 �(SZ7 I personally known to me for-prayed-to-me-en personally known to me (oLpLmted_,n4nw ihabacis-efsatisfaetery-eyidertee)to be the the-basisaoLsatisfneeory-evidence}to be the l person*whose narri is/rp subscribed person(* whose nani islaa.subscribed ito the within instrument and acknowledged to the within instrument and acknowledged ( to me that he/may executed the same in to me that*t/she/flag•executed the same in his/lientheit authorized capacityOW, and ft/her/4111r authorized capacity(ft and that by his/ i signaturet*on the that by Wher(OW;signatureNd on the instrument.the person*'i, or the entity upon instrument the person(&), or the entity upon behalf of which the person%) acted, behalf of which the personal acted executed the instrument. executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. il.¢,eft�.e�ivt.a �tr�01'�.. �ecrlrafe�riN.z.• ova Votary'Signature ary Signa urt e Notary Seal: Notary Seal: JACQUELINE GORDC;Ji JAC UELINE GORDON r/t -9.4," ::_ co(v)M. # 1441489 Q "� "I„ NOTARY PUBLIC - CALIFORNIA CIO 2 �. COMM, # 1441489 '�;:^'� '�> ° LOS ANGELES COUNTY Ob'` E y NOTARY PUBLIC � CALIFORNIA � - ��'E'�fi'ti�:�rr - `•'=e^ My Comm.Expires Sept.23,2007 _ .....�:xf_L1jy, LOS ANGELES COUNT`! `� ::' uuv:.uum:n:nu::uumvuuwr::n:un::nuuu::nu::::nu:unim .uuii.nini.:F ^" My Comm.Expires Sept.23,2007 ti:mm�n,uwn::::unuu::::uu::nuuun,nnnuu::nnnnuunnm:nuuu:u:nmw:nnnu:fA VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 1112/06 WORKER'S COMPENSATION CERTIFICATE AGREEMENT AND BONDS- PAGE 2 BOND NO: 104633760 PREMIUM: $293.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That Alcorn Fence Company as Contractor, And TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA as Surety, are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the County of Riverside, Californ;a, hereinafter called the"City," in the sum of: Thirty nine thousand six hundred and five ($39,605) 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: VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 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 215T day of FEBRUARY 2006. ! SURETY: CONTRACTOR: r ALCORN FENCE COMPANY TRAVELERS CASUALTY AND SURETY (Check one: _individual, _partnership, COMPANY OF AMERICA a, corporation) By 11, �S�/✓rr.t^'�'f^� '�yr^ • By p - S DITH K. CUNNINGHAM Title ATTORNEY-IN-FACT (NO IZ�.Id (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) Print Name and Title: GREG LRICI{SON By dam. .. a re PrinttN/ (No�afilzED) Print�Name and Title: CitOe-10 V V6nr&)N-rS6cryf1_Ca0�8 . (Corporations require two signatures; one from each of the following groups:A.Chairman of Board,President,or any Vice President; AND S. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 1/12/06 PERFORMANCE BOND AGREEMENT AND BONDS- PAGE 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Q State of CALIFORNIA County of LOS ANGELES ti On 2-23-06 before me, JACQUELINE GORDON-NOTARY PUBLIC (h1 Dale Name and Title of OHlaer(a 9.'Jane Data,Notary Pubbe") I.. I,S personally appeared GREG ERICKSON , / parcels)of Signer(s) E/1 personally known to me-OR- FC PToded to rrre en th€ ba5isaf sat s#aetery ev dense to be the person(**) io whose name(*) islmi2 subscribed to the within Instrument and acknowledged to me that he/ executed the I same in his/Pi authorized capacityjj, and that by his/PWA90'sir signatl on the instrument the'person(a) h) ..111111111111111n1„II I I I I l l l l l l l l l I I l l l l l l l l I I llllll111[11?,ILLI•'•,'Il IIIII,I I I I I I I I IJ I If IIIII If I I I I I I1 JFlCQIIELIfd :0h 0"I or the entity upon behalf of which the person(4) acted, ` CQVIM. # 7.g4i 89 executed the Instrument. NOTARY PUBLIC - CAI I-rlf'NIA to V os ANcrLEs couNly WITNESS my hand and official seal. i) _ �•:�� My Comm.Ext Sept.23,2007 _ Y� III.11111I......1111111111:'IIIIIIIIIIIIIIIIII.Illlllllllll'Illll"!'IIIIIIII"IIIIIII'IIIIIIIIIIIIIIIIIIIIIIIII IIIII /C1.�1/1/ (�1 I Slgnalur f Noary Public � In OPTIONAL 11 Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, r Description of Attached Document ij Title or Type of Document: + Document Date: Number of Pages: I tl Signer(s) Other Than Named Above: 'i Capacity(ies) Claimed by Signer(s) c�I t � Signer's Name: GREG ERICKSON Signer's Name: El/Individual ❑ Individual ✓j Corporate Officer ❑ Corporate Officer Title(s): PRESIDENT Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General �j ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of Thumb here (tI n lit Signer Is Representing: Signer Is Representing: ALCORN FENCE COMPANY !,1 9901 GLENOAKS BLVD. SUN VALLEY CA. 91352 1994 National Notary Association I B236 Rea l Ave P 0 Box 7184•Canoga Park,CA 91309-7184 Fred No.5907 Facial Call Toll Free 1-800 876-BB27 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT `i State of _ CALIFORNIA , County of LOS ANGELES «) `( On 2-23-06 before me, JACQUELINE GORDON—NOTARY PUBLIC -' Dale Name and Title of Officer(e g "Jane Doe,Nolary P,bhc'') h personally appeared GLORIA Y. VENZON / Name(s)of Signor(s) Vpersonally known to me—OR—❑ be the person f* whose name(le) isAw subscribed to the within instrument and acknowledged to me that 0/she/*W executed the same In W/her/t1Sfr authorized capacity(ift), and that by WherAbail,signature(%) on the instrument the'person(%), ,_, ,i,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,HiteIITIleIt llin or the entity upon behalf of which the person(Ol) acted, 9ACQiJI;LlNL GORDON executed the instrument. 1 COVtie'.. jr 14414189 z NOTARY UBLIC CALIFORNIA C2 WITNESS my hand and official seal. LOs AN,EI ES COUNTY ..� .. Ea �.y My Camm.Er,pues Sept 23,200/ Illlltn„Ili IIVn,PIVlllin„III,n,n,illll,n„0„n,IIIp IIIWLui,IL„Il,,,,n„Illlnllllllllllnin �/ �j ll Blgnatoo of N ry Pablo OPTIONAL ') Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. IT Description of Attached Document I f� .,I Title or Type of Document: j Document Date: Number of Pages: Signer(s) Other Than Named Above: I� Capacity(ies) Claimed by Signer(s) Signer's Name: GLORIA Y. VENZON Signer's Name: i a J Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Secy/Treas/CFO Title(%): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General r ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator , ❑ Other: Top of thumb here ❑ Other: Top of thumb here u Signer Is Representing: Signer Is Representing: ALCORN FENCE COMPANY 9901 GLENOAKS BLVD. SUN VALLEY CA. 91352 1994 National Notary Association•8236 Rommel Ave,PC.Box 7184•Canoga Park,CA 91309-7184 Brad No.5907 Reorder Call Toll-Free 1-BOO-876-6827 NOTARY ACKNOWLEDGMENT State of California County of Orange On February 21, 2006 before me, Sandi Ricard Notary (Date) (Name/Title-Notary Public) personally appeared Judith K. Cunningham ® personally known to me- OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) 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 �O "D ' that by his/her/their signatureO on the instrument COkUd.;r1401e17 z' . .r;1R' '6 the erson s or the entity upon behalf of which �l��:`r`�' �.r�4+��;cr,rPi;�uouC�aatlFoarutmi.� p O� y p @e>;•-. „, ,r rlvr ceunly f? the person(a) acted, executed the instrument. My Comet Enplroc IVlar. I,2007ja Witness my hand and official seal. (Signature of Notary) iOPTIONAL INFORMATION CAPACITY CLAIMED 6Y SIGNER(S) I ❑ INDIVIDUAL ❑ CORPORATE ❑ OFFICER(S)_ (Title) ❑ PARTNERS(S) LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA BOND NO: 104633760 PREMIUM IS INCLUDED IN PAYMENT BOND THE PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That Alcorn Fence Company as Contractor And TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA 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: Thirty nine thousand six hundred and five ($39,605) doll ars, 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: VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators, successors, or assigns shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for, or about the performance of the Work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections 3247-3252, inclusive, of the Civil Code of the State of California and acts amendatory thereof, and Sections of other Codes of the State of California referred to therein and acts amendatory thereof, and provided that the persons, companies, or corporations so furnishing said materials, provisions, equipment, or other supplies, appliances, or power used in, upon, for, or about performance of the Work contracted to be executed or performed, or any person, company, or corporation renting or hiring implements or machinery or power for,or contributing to, said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor, shall have complied with the provisions of said laws, then said surety will pay the same in an amount not exceeding the sum hereinbefore set forth, and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee as shall be fixed by the Court. This Bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said i 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. i SIGNED AND SEALED,this 21 ST day of FEBRUARY , 2006. i r i VISTA CHINO FLOOD GATES PAYMENT BOND CITY PROJECT NO.05-26 AGREEMENT AND BONDS- PAGE 5 1/12106 CONTRACTOR: ALCORN FENCE COMPANY 0 (Check one:_individual,_partnership, V' corporation) By (N ARIZED) Print Name and Title: RESIDENT By y e (NOTARIAFqZ ) Print Name and Title: (Corporations require two signatures; one from each of the fall ing groups: A. Chairman of Board, President, or any Vice President; AND B. Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). SURETY: TRAVELERS CASUA LTLYY.WANt�D.YwSURETY /COYTMSP ANY OF AMERICA By � LL k.-JUITH K. CUNNINCHA Title ATTORNEY—IN—FACT (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) i I i VISTA CHINO FLOOD GATES PAYMENT BOND CITY PROJECT NO.05-26 AGREEMENT AND BONDS-PAGE 6 '1112/06 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT l� State of CALIFORNIA ti {` County of LOS ANGELES ,i On 2-23-06 before me, JACQUELINE GORDON—NOTARY PUBLIC (l� sale Name and Title of OlOcer(e g "Jane Doe,Notary Public") personally appeared GREG ERICKSON Names)of Slgnar(s) n4 / ;I CJ personally known to me—OR 8 proved to me orrthle trasisrof satisfaete y eu dense to be the person(o) ;c whose nameO is/AF subscribed to the within instrument and acknowledged to me that he/shw�ItW executed the same in his/PopilYrt r authorized capacityW-, and that by his/limil signaturl on the instrument the'person(i or the entity upon behalf of which the person(Q) acted, LE!IvE GOrwDDt executed the instrument. COP)IIVI. 11 1441489 )JI t nlorner PUBLIC - CALIFo2auA U11 WITNESS my hand and official seal. LOS ANGELES COUidiY f,� _ �.'✓ My Pull Fxpnev Sept.23 2007 1`1 � CLJ'Lt0 ✓ Signnaturalur e of Vary Public OPTIONAL �.r Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. I �I- j Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: t 0 Capacity(ies) Claimed by Signer(s) i ry} I }3 Signer's Name: GREG ERICKSON Signer's Name: Vndividual El Individual Corporate Officer ❑ Corporate Officer Title(s): PRESIDENT Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator Iy ❑ Other: Top of thumb here ❑ Other: Top of thumb here r, r Signer Is Representing: Signer Is Representing: ALCORN FENCE COMPANY 9901 GLENOAKS BLVD. t %11 SUN VALLEY CA. 91352 ✓!%/%u%J%��✓rIJ�✓Y.lj,�J��%Y%GC_r��-�C-�.::t.�J.i�✓i�Ji::�.'�_� � �v'��:�� :-.- ..- - . ._.. - 0 1994 National Notary Association•8236 nemmet Ave,PC 17184•Canoga Park,CA 91309-7184 Prod No 5907J Reorder Call Toll Free1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT C� ,I State of CALIFORNIA „Y b,' County of LOS ANGELES V( On 2-23-06 before me, JACQUELINE GORDON—NOTARY PUBLIC \ Data Name and The of Ofiwer(a g "Jane one,Notary Poble personally appeared GLORIA Y. VENZON t� Name(e)of Signers) tit ipersonally known to me—OR—❑ be the person r, whose name(IN isI subscribed to the within instrument and acknowledged to me that 40/she/9rray executed the same in W/her/tftir authorized capacity(Ml and that by WherAbolsignaturcl on the instrument the'person(g), or the entity upon behalf of which the personal) acted, Epic{ fJE' i4't GOkDOi`,l" �_ CQitIP�°. ,1 1441489 �.I executed the instrument. NOTARY PUBLIC CALIFORNIA u� �., Lo; aNceLes couNry WITNESS my hand and official seal My Cetnm Expires Sept.23,2007 11jr .ouun,ni i'ir ��n��,.i�w��i�„��u,.,,n��in�uni.,.,.,w....I.,,iii,,,u�nn F Pit Signelure of No[ Public OPTIONAL Though the information below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. tc Y, Description of Attached Document I r, I n Title or Type of Document: Document Date: Number of Pages: � r Signer(s) Other Than Named Above: I � I Capacity(ies) Claimed by Signer(s) Signer's Name: GLORIA Y. VENZON Signer's Name: Vf Individual ❑ Individual ❑ Corporate Officer El Corporate Officer Title(s): Sect'/Treas/CFO Title(s): J ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator El Other: mP o1 thumb Here ❑ Other: TOP of thumb hale c�( is Signer Is Representing: . Signer Is Representing: ALCORN FENCE COMPANY 9901 GLENOAKS BLVD. SUN VALLEY CA. 91352 0 1994 National Notary Association•8236 Pee l Ave,P0,Box 7184•Canoga Park,CA 91309 7184 Prod.No 5907 Pound., Call Toll-Free 1-800-676-6827 NOTARY ACKNOWLEDGMENT State of California County of Orange On February 21, 2006 before me, Sandi Ricard Notary (Date) (Name/Title-Notary Public) personally appeared Judith K. Cunningham I ® personally known to me - OR- ❑ proved to me on the basis of satisfactory evidence I to be the person(s) whose name(s) is/are subscribed to the within instniment 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. � Witness m_y_hand and ial seal. I I (Signature of Notary) I I OPTIONAL INFORMATION I I CAPACITY CLAIMED BY SIGNER(S) I I ❑ INDIVIDUAL ❑ CORPORATE ❑ OFFICER(S)_ (Title) ❑ PARTNERS(S) LIMITED GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: John M. Garrett, Steven C. Mosier, Judith K Cunningham, Denise Bennett, Erika Nicholas, Geraldine R. McEwen, of Irvine, California, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies,thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys)-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in All force and effect: i VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President i may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional i undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any ' Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority i This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY ! COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice j President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointmg Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (02-05)Unlimited IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 28th day of April, 2005. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY }SS.Hartford FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD �s�apWlx$u`EI J,,1.tY ANDS pASU,�( ,q.uARrFcao,�� a HARTFORD, < 2 '19 8 2�' O 6y George W. Thompson Senior Vice President ixruwa'"° On this 28th day of April, 2005 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. GTE My commission expires June 30, 2006 Notary Public Marie C.Tetreault CERTIFICATE I, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company,in the City of Hartford, State of Connecticut. Dated this 21 ST day of FEBRUARY 20 06 c a'!NLU8E" yJ,Yir ANO�, O�sU�EA ' ... }Ca{, Nicholas Seminara Senior Vice President I I AC,pR"", CERTIFICATE OF LIABILITY INSURANCE °a`s Ldde /yy' 2/21/2006 Protlucer THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dan,Rembleskl ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER Garrett/Mosier Insurance Services, Inc. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 12 Truman Irvine CA 92620 INSURERS AFFORDING COVERAGE i 9-6700 INSURER Travelers Property Casualty Co. of www.garreit-mosier.com A America OB84519 INSURER SeaBright Insurance Company r i Insumd B Alcorn Fence Company (Riverside Office) INSURER i Alcorn Fence Company dba: Atlas Fence Company C 990'1 Glenoaks Boulevard Sun Valley CA 91352 INSUR D ER COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. i NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICY i NSR EFFECTIVE EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER M DATE Y M DATE Y LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00( COMMERCIAL GENERAL LIAB DTECO2394A522TIL06 2/28/2006 2/28/2007 FIRE DAMAGE(Any 1 Ire) $ r CLAIMS MADE OCCUR MED EXP(An one Person) $ PERSONAL&ADV INJURY S r GENERAL AGGREGATE $ GEN'L AGO LIMIT APPLIES PER PRODUCTS COMP/OP AGG $ 2,9GUM POLICY PROJECT LOC AU'ro MOBILE LIABILITY i ANY AUTO DT8102394A510TIL06 2/28/2006 2/28/2007 COMBINED SINGLE LIMIT s 1,000,00 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ MIRED AUTOS BODILY INJURY NON OWNEDAUTOS (Per accident) $ PROPERTY DAMAGE (Per.ac,ddPL) b GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG$ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION R $ WORKERS'COMPENSATION& STATUTORY LIMIT TITER . EMPLOYERS' LIABILITY EL EACH ACCIDENT $ B BB1060234 4/1/2006 4/1/2007 EL DISEASE-EA EMPLOYEE $ r EL DISEASE-POLICY LIMIT $ i I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE. AFC Pending, Vista Chino Flood Gates, City Project No. 05-26. City of Palm Springs Is added as Additional Insured per CGD2461002 attached, with respect to work performed for them by Alcorn Fence Company; Alcorn Fence Company dba: Atlas Fence Company under General Liability coverage. CERTIFICATE HOLDER CANCELLATION AFC Pending;Vista Chino Flood Gates SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Palm Springs EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL E WI V)AXX)0 MAIL (Procurement and Contracting) 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, XJX.XE1#'IIpXXdOGafMIHX91)f)FMd1QfFQ6'Et"GC(XIXkII�EHffi&E.'k�DCDC21XdA(D((7f eNXX/,�h3QNX9(XiEXX}SMXLNI4RXIX9tHKXIG1(kXiiXhR]Q1GXX��XHRL4X 3200 E Tahquitz Canyon Way �DEXX *10 Days for Non-Payment of Premium Palm Springs CA 92262 AUTHORIZED REPRESENTATIVE Steve Mosier ACORD 25-S(7/97) created at www.e CertsONLINE.Corn ©ACORD CORPORATION 1988 I I I i I I IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pohcyres)must be endorsed A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsementls). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder,nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (7/97) created atwww.e Cefts0NLINE.CODI Alcorn Fence Company;Alcorn Fence Company dba:Atlas Fence Company COMMERCIAL GENERAL LIABILITY Policy No DTE-CO-2394A522-TIL-06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY—CONTRACTORS COVERAGE PART 1. WHO IS AN INSURED — (Section ll) is amended c) This insurance does not apply to "bodily in- i to include any person or organization you are re- jury" or "property damage" caused by "your I quired to include as an additional insured on this work" included in the "products-completed policy by a written contract or written agreement operations hazard" unless you are required to I in effect during this policy period and signed and provide such coverage for the additional in- executed by you prior to the loss for which cover- sured by a written contract or written agree- age is sought. The person or organization does ment in effect during this policy period and not qualify as an additional insured with respect to signed and executed by you prior to the loss the independent acts or omissions of such person for which coverage is sought and then only or organization. The person or organization is for the period of time required by such con- only an additional insured with respect to liability tract or agreement and in no event beyond caused by"your work"forthat additional insured. the expiration date of the policy. 2. The insurance provided to the additional insured 3. Subpart (1)(a) of the Pollution exclusion under is limited as follows: Paragraph 2., Exclusions of Bodily Injury and a) In the event that the limits of liability stated in Property Damage Liability Coverage (Section I — the policy exceed the limits of liability required Coverages) does not apply to you if the "bodily by a written contract or written agreement in injury" or "property damage" arises out of "your effect during this policy period and signed and work" performed on premises which are owned or executed by you prior to the loss for which rented by the additional insured at the time "your coverage is sought, the insurance provided work" is performed. by this endorsement shall be limited to the 4. Any coverage provided by this endorsement to an limits of liability required by such contract or additional insured shall be excess over any other agreement. This endorsement shall not in- valid and collectible insurance available to the crease the limits stated in Section III — LIMITS additional insured whether primary, excess, con- OF INSURANCE tingent or on any other basis unless a written b) The insurance provided to the additional in- contract or written agreement in effect during this sured does not apply to "bodily injury", "prop- policy period and signed and executed by you edy damage", "personal injury" or"advertising prior to the loss for which coverage is sought injury" arising out of an architect's, engineer's specifically requires that this insurance apply on a or surveyor's rendering of or failure to render primary or non-contributory basis. When this in- any professional services including: surance is primary and there is other insurance available to the additional insured from any I. The preparing, approving or failing to source, we will share with that other insurance by prepare or approve maps, shop drawings, the method described in the policy. opinions, reports, surveys, field orders, 5. As a condition of coverage, each additional change orders, or drawings and specifi- cations; and insured must: II. Supervisory or inspection activities per- a.) Give us prompt written notice of any "occur- formed as part of any related architectural rence" or offense which may result in a claim or engineering activities. and prompt written notice of"suit". CG D2 46 10 02 Copyright, The Travelers Indemnity Company, 2002 Page 1 of 2 COMMERCIAL GENERAL LIABILITY b.) Immediately forward all legal papers to us, requirement,the term "insures against" refers cooperate in the investigation or settlement of to any self-insurance and to any insurer which the claim or defense against the "suit," and issued a policy of insurance that may provide otherwise comply with policy conditions. coverage for the loss, regardless of whether c.) Tender the defense and indemnity of any the additional insured has actually requested claim or"suit"to any other insurer which also that the insurer provide the additional insured insures against a loss we cover under this with a defense and/or indemnity under that endorsement. This includes, but is not limited policy of insurance. to, any insurer which has issued a policy of d.) Agree to make available any other insurance insurance in which the additional insured that the additional insured has for a loss we qualifies as an insured. For purposes of this cover under this endorsement. I i i I i I I 'I u I = I Page 2 of 2 Copyright, The Travelers Indemnity Company, 2002 CG D2 46 10 02 Dosses Best's Rating Center - Search Results Page 1 Page 1 of 1 ''' ' ter w 1 �.% View Ratings Financial Strength Issuer Credit Securities Advanced Search Other Web Centers: Select One Search Results page 1 of 1 4 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with Travelers Casualty To refine your search, please use our Advanced Search or view our Online Help for more information. 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A M Best Worldwide Headquarters,Ambest Road,Oldwick,New Jersey,08858,U.S A http://www3.ai-nbest.com/ratings/RatingsSearch.asp?AltSrc=9 3/3/2006 BID BID TO: CITY OF PALM SPRINGS, CALIFORNIA The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City in the form Included in the Contract Documents (as defined in Article 4 of the Agreement)to perform the Work as specified or indicated in said Contract Documents entitled: VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids,unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond, and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged): ' Number Date Number Date Number Date Number Date Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost,progress,or performance of the Work,and has made such independent investigations as Bidder deems necessary. j' i In conformance with the current statutory requirements of California Labor Code Section 1860, at seq., the undersigned � confirms the following as its certification: I 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 i commencing the performance of the Work of this Contract. i iTo all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the ! Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). I i Dated: —6 0£r Bidder. CO _ / ENCE CO CPAN'Y 1 By: ^ (Signature) Title: G, 1tLCKSON—PRESiBiNT VISTA CHINO FLOOD GATES BID(PROPOSAL) ' CITY PROJECT NO.05-26 BID FORMS-PAGE 2 1/12/06 1 BID SCHEDULE Lump Sum Price for Construction of VISTA CHINO FLOOD GATES 1 PROJECT NO. 05-26 Description Install, complete and in place, one set of pipe swing gates (2 - 35 feet long) with three (3) demountable post foundations and two (2) demountable posts, and two (2) non- demountable posts and foundations at a location approximately 132 feet east of Palm Springs entry sign (west end of Cathedral City); traffic control; and all appurtenant work in accordance with the Contract Documents. Install, complete and in place, one set of pipe swing gates (2 - 43.50 feet long) with three (3) demountable post foundations and two (2) demountable posts, and two (2) non- demountable posts and foundations at a location approximately 1,288 feet east of Gene Autry Trail; traffic control; and all appurtenant work in accordance with the Contract Documents. TOTAL BID PRICE For the lump sum of (Price in figures) i (Price in words) ALCOR1% J EWE COMM NY . Name of Bidder or Firm I ' I r VISTA CHINO FLOOD GATES ' CITY PROJECT NO.05-26 1/12'06 UNIT PRICE BID SCHEDULE BID FORMS-PAGE 3 INFORMATION REQUIRED OF BIDDER ® LIST OF SUBCONTRACTORS el 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 1 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. :S. �4. ri. fi. i i 13. i i I � i VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 1/12/06 LIST OF SUBCONTRACTORS BID FORMS-PAGE 4 1 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the City of Palm Springs PUBLIC WORKS AND ENGINEERING DEPARTMENT In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares 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. I Note: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature i ' portion thereof shall also constitute signature of this Non-collusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. I I ' 1 VISTA CHINO FLOOD GATES t CITY PROJECT NO.05.26 1112106 NON-COLLUSION AFFIDAVIT BID FORMS-PAGE 5 1 (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE ANENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICHARE A PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder ALCORN FENCE CO3,r1'ANY , proposed subcontractor hereby certifies that he has V has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor(41 CFR 60-1.7(b)(1)),and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of$10,000 or under are exempt.) I � Currently,Standard Form 100(EEO-1)is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) j (1)prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance,U.S.Department of Labor. 1 VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 1/12/06 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION BID FORMS-PAGE 6 1 DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 1 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other 1 person associated therewith in the capacity of owner,partner, director, officer,manager: • Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • Has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; 1 • Does not have a proposed debarment pending; and • Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the 1 past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. ]Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, j nnitiating agency, and dates of action. .I i Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. 1 VISTA CHINO FLOOD GATES CITY PROJECT NO.05.26 1/12/06 DEBARMENT AND SUSPENSION CERTIFICATION BID FORMS-PAGE 7 NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal,to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant,the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal 1 agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, and U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than 1 $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly. I , i � I I i ' i I I 1 VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 1/12106 NON-LOBBYING CERTIFICATION BID FORMS-PAGE 8 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C.1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: Ela. contract ❑ a. bid/offerlapplicalion ® a. initial b.grant N/A b. initial award N/A b. material change c. cooperative agreement c. post-award d. loan For Material Change Only: e. loan guarantee year quarter f. loan Insurance date of last report 4. Name and Adress of Reporting Entity: S. If Reporting Entity in No.4 is Subawardee.Enter ❑ PrimeEl Subawardee Name and Address of Prime: ALCORN FENCE COMPANY r_,ifknown 9903 GLENOAKS BLVD. SUN VALLEY GA. 91353 Congressional District, if known: Congressional District, if known: — 6. Federal DepartmentlAgency: 7. Federal Program NamelDescription: NJA N/A CFDANumber, ifapplicable 6. Federal Action Number, ifknown: 9. Award Amount, if known: N/A y 0 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if (if individual,last name,first name,MI): different from No. 10a) (last name,first name,MI): NONE N/A (attach Continuation Sheet(s)if necessary) 11. Amount of Payment(check all that apply): 13. Type of Payment(check all that apply) $ 0 0 actual planned a. retainer 12. Form of Payment(check all that apply): b. one-time feec. commission Ha. cash d. contingent fee b. in-kind;specify: nature e. deferred value 0 f. other,specify: N/A 14. Brief Description of Services Performed or to be performed and Date(s)of Service,including officer(s), employee(s),or member(s)contacted,for Payment Indicated in Item 11: NO LOBBYING ACTIVITY I (attach Continuation Sheet(s) if necessary) 15. Continuation Sheet(s)attached: Yes No a 1 16. intonation requested through this form is authorized by Title 31 U.S.C.Section an g Signature: i 1352. This disclosure of lobbying activities is a material representation of tact /�/ upon which reliance was placed by the tier above when this transaction was Print Na G E' CKSON made or entered into.This disclosure is required pursuant to 31 U S.C.1352. This information will he reported to the Congress seml-annually and will be PRESIDENT Title: available for public inspection.Any person who fails to Ale the required disclosure i shall be subject to a civil penalty of not less than$10,000 and not more than Telephone No.: (323)875134 Date: 2-6-06 r $10D,000 for each such fallum. Federal tlSe Only: Authorized for Local Rellon I Standard Form-ILL Standard Form LLL Rev.01-03-95 VISTA CHINO FLOOD GATES CITY PROJECT NO,05-26 1/12/06 DISCLOSURE OF LOBBYING ACTIVITIES BID FORMS-PAGE 9 INSTRUCTIONS FOR COMPLETION OF SF-LLL, 1 DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether sub-awardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or sub-award recipient. Identify the tier of the sub-awardee, e.g., the first sub-awardee of the prime is the first tier. Sub- awards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Sub-awardee" then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA)number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal 'identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP)number, Invitation for Bid(1FB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 1112106 DISCLOSURE OF LOBBYING ACTIVITIES (INSTRUCTIONS) BID FORMS-PAGE 10 (b) Enter the full names of the individual(s) performing services and include full address ® if different from 10 (a). Enter Last Name,First Name and Middle Initial (MI). w 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s)of Congress that were contacted. 15. Check whether or not a continuation sheet(s)is attached. 16. The certifying official shall sign and date the form, print his/her name, title and telephone number. 1 Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project(0348-0046), Washington, D.C. 20503. SRLLGIm"Wom Rev.06-04-90eENDIR, MSTA CHINO FLOOD GATES CITY PROJECT NO.05-26 1/12106 DISCLOSURE OF LOBBYING ACTIVITIES (INSTRUCTIONS) BID FORMS-PAGE 11 : 1 1 BIDDER'S GENERAL INFORMATION 1 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 1. BIDDER/CONTRACTOR'S Name and Street Address: j 1 ALCORN FENCE COMPANY (Cor-p -09fice) 9901 GLENOARS BLVD. 1 SUN VALLEY CA. 91352 2. CONTRACTOR'S Telephone Number:( 323 ) 875 1342 Facsimile Number: ( 81$ ) 768 9719 1 :3. CONTRACTOR'S License: Primary Classification >'�,C-13 State License Number(s) 122954 1 q Supplemental License Classifications A, �+ n2 4 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA 1 Address GARRETT MOSIER TINSDRANCE SERVICES (AGENT) 12 TRUMAN IRVINE CA. 92620 1 Surety Company TRAVELERS CASUALTY AND SURETY CW1 ANY OF AALMRICA 1 Telephone Numbers: Agent ( 949) 559 6700 Surety ( 925 ) 945 4400 5. Type of Firm (Individual, Partnership or Corporation): CORPORATION El. Corporation organized under the laws of the State of: CALIFORNIA 1 7'. List the names and addresses of the principal members of the firm or names and titles of the 1 principal officers of the corporation or firm: GREG ERICASON—PRESIDENT 1 ANTEONY DANERI—VICE PRESIDENT GLORIA Y. VENZON—SEC'Y/TREAS/CFO 1 1 VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 VV12106 BIDDER'S GENERAL INFORMATION BID FORMS-PAGE 13 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: 1 a. Owner Address Contact Class of Work Phone Contract Amount Project Date Completed 1 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: Bob Jenkins (951) 685 5871 11. Is full-time supervisor an employee contract services 7 12. A recent financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. 1 VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 vlvos BIDDER'S GENERAL INFORMATION BID FORMS-PAGE 14 i BID BOND I KNOW ALL MEN BY THESE PRESENTS, i That ALCORN FENCE COMPANY as Principal, i I And TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA as Surety, are held and firmly bound unto the City of Palm Springs, hereinafter called the "City" In the sum of: TEN PERCENT (10%) OF THE TOTAL AMOUNT BID IN ---------------------- 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, end assigns, jointly and severally, firmly by these presents. WHEREAS, said,Principal has submitted a Bid to said City to perform the Work required under the Bid Schedules) of the CITy'a Contract Documents entitled: VISTA CHINO FLOOD GATES CITY PROJECT NO. 06.26 NOW THEREFORE, If said Principal Is awarded a Contract by said City, and within the time and in the manner required In the "Notice Inviting Bids' and the "Instructions to Bidders" enters into a written Agreement on the Form of Agreement bound with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this Bond by said City, and City prevails, said Surety shall pay all costs incurred by said City in such suit, including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED, this 3xn day of FEBRUARY 2006, PRINCMAL: SURETY: _ ALCORN FENCE COMPANY TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA ICdre one: Individual, _pertn0rahip, /a _ o"ration) gy�_c..CQ,c l k, JqDITH K. CUNNINGHAM By AA04___ Title ATTORNEY—IN—FACT GREG ERI SOiM"°" P IDENT INOTARIZED (SEAL AND NOTARIAL ACKNOWLEDGMENT Print Name and Title: OF SURETY GREG ERICKSON—PRESIDENT By 1 (NOT ED) Print Name and Title: GLORIA Y. VENZON—SECaY/TREAS/CFO (Ca4MtIaM reauha two a)pn.area;ena bem wrh of the folbwing Molter:A.Chairmen of Board,PrldW1t W my Vice Pruldem;AND B.S wretwv,AmIntart Sacra y,1}eeeurw,Aulamnt T}e vw,w CNe!FlruneW Dff]cm). VISTA CHINO FLOOD BATES CITY PROJECT NO.05-20 1112M BID BOND (BID SECURITY FORM] BID FORMS-PAGE 12 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i'� State of CALIFORNIA County of LOS ANGELES } Feb. 3rd 2006 On before me, Jacqueline Gordon Dale Name and Via of Officer(e g,"Jane Doe,Notary PUblic') personally appeared Greg Erickson r Name(a)of SlgneQs) i personally known to me—OR— tsfactarq-evidenee to be the person(r) whose nameA is/=a subscribed to the within instrument and acknowledged to me that he/may executed the ' same in his/ ir authorized capacity ' 1 r his/ham signature(O on the instrumenttt and that by the'person(I, ( U11,111(if 111111111111111111111111111111111,IIiIIIn�I�I�I111IIII,IiIIIIIII.IIII,IIIIIIIIIIII1.iIII111111111111111L C�, 1ACQUELINE GORDON or the entity upon behalf of which the person({) acted, COMM. # 1441489 executed the instrument. � NOTARY PUBLIC - CALIFORNIA i > LOS ANGELES COUNTY WITNESS my hand and official seal. My Comm.Expires Sept.23,2007 mlainnnwlnn„,nininnnwnm,n„anon,a,,,wnnn,an,,,nunun„wlannnunnuww i f.X )� Signature of lary Public �\ JAC�(IELINE GORDON—N TARP PUBLIC OPTIONAL I i1} Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. ill 4 Description of Attached Document Title or Type of Document: j Document Date: Number of Pages: r Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) r, ( GR ERICKSON e Signer's Name: EG Signer's Name: t ❑ Individual ❑ Individual Q Corporate Officer ❑ Corporate Officer Title(s): PRESIDENT Title(s): f1,1 ❑ Partner—❑ Limited El General El Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact y.) ❑ Trustee ❑ Trustee )>v El Guardian or Conservator ❑ Guardian or Conservator l\' ❑ Other: Top of thumb here ❑ Other: Top of thumb here f11j Signer Is Representing: Signer Is Representing: hx ALCORN FENCE COMPANY f� 9901 GLENOAKS BLVD. ©1994 National Notary Association•8236 Remmet Ave,P.O.Box 7184•Canoga Park,CA 91309-7184J Prod No 5907` Radio., Call Toll-Free 1 B00`B76-6827 i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I I State of CALTFORNTA I °) County of T.OS AN(AF.T.FS III / On 2-3-06 before me, JACQUELINE GORDON tl pale Name and The of Officer(e g,"Jane Doe,Notary Pubkc") per onally appeared Gloria Y. Venzon mes) I Na of Signor(s) 6 per known to me—OR to be the personO whose nameO is/ae subscribed to the within instrument and acknowledged to me that Ap/she/tMW executed the same in%s/her/lift*authorized capacity(t%), and that by ' Wher/41iir-signaturl on the instrument the'person(fa), JACQfIELINE GORDON = or the entity upon behalf of which the personO acted, 1 COMM. # 1441489 executed the instrument. I� CID [If . +s= ,�."".- NOTARY PUBLIC - CALIFORNIA (n `4 Los ANCFLEs couNTv WITNESS my hand and official seal. My Comm. Expires Sept.23,2007 = (� mmm�unuwinuumnmuninnmminmwununmm�ummnnmuunnnninnnnmimi'u FF��/ // (, Slgnalure of Not Public JACQ LINE GORDON—NO Y PUBLIC OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent itl fraudulent removal and reattachment of this form to another document. (li j Description of Attached Document l Title or Type of Document: ( Document Date: Number of Pages: Signer(s) Other Than Named Above: ti Capacity(il Claimed by Signers) Signer's Name: GLORIA Y. VENZON Signer's Name: ft t' ❑ Individual ❑ Individual EX.Corporate Officer ❑ Corporate Officer Title(s): SECTY/TREAS/CFO Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee 1 ❑ Guardian or Conservator ❑ Guardian or Conservator ElOther: Top of thumb here ❑ Other: Top of thumb here 1\ hr Signer Is Representing: Signer Is Representing: It ALCORN FENCE COMPANY r� 9901 GLENOAKS BLVD. SUN VALLEY CA. 91352 ".��^yG� _._.r—y /Y' Y✓.ice 3^-✓' ✓�y.`?;'..r,..��'�C`�G��.`J��_'::��_,"'�:=.'. 0 1994 bell onal Notary Association•8236 Feel Ave PO Box 7184•Canoga Park,CA 91309-7184 Prod No 5907 Reorder Call Toll-Free 1-800-876-6827 State of California NOTARY ACKNOWLEDGMENT County of Orange On Febn1ga 3, 2006 before me, Charise May Notary (Date) (Name/Title-Notary Public) personally appeared Judith K. Cunningham ® personally known to me - OR- proved to me on the basis of satisfactory evidence to be the person(&) 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 �CHARIS MAY the person(&), or the entity upon behalf of which COMM, *1380494 the person(5) acted, executed the instrument. N01ARY FU81.10•CALIFORNIA E ORANGE COUNTY My COMM,Up.Oct. 10,2006 Witness my hand and official seal. ((11— ignature of Notary) OPTIONAL INFORMATION CAPACITY CLAIMED BY SIGNER(S) I❑ INDIVIDUAL �] CORPORATE OFFICER(S)_ (Title) �] PARTNERS(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: ;TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") bath made, constituted and appointed, and do by these presents make, constitute and appoint: John M. Garrett, Steven C. Mosier, Judith K. Cunningham, Denise Bennett, Erika Nicholas, Geraldine R. McEwen, of Irvine, California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies,thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts_ of said Attorney(s)-in-Fact,pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity, and other writings obligatory in the nature:of a bond,recognizance, or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or.more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (02-05)Unlimited IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 28th day of April, 2005. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY }SS. Hartford FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD / //✓' �,ulnvwW,x �1Y Ary SU V 3RTFORD a HACONNRD, BY rN --- gt George W. Thompson �h, •-;,.*'� `b. ,d`' ry . s`' Senior Vice President M � IIXYA On this 28th day of April, 2005 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the, corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. p T!T *, °ueta� � ��{` My commission expires June 30, 2006 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority,are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 3RD day of ,W FEBRUARY , 2006. _r,N16511gti Yry '��tiY AH°s pG^�p�YlL �/!' B a Y Nicholas Seminars Senior Vice President Page 1 of 2 Kathie Hart From: Troy Butzlaff Sent: March 03, 2006 3:57 PM To: Kathie Hart Subject: IRE: A5236 -Alcorn Fence (Vista Chino Flood Gates) Kathie: I will accept the A- rating for their Worker's Comp insurance. Troy ��M4k as °a. Troy L. Butzlaff f Assistant City Manager C�YvlOk`ti� City of Palm Springs 3200 E. Tahquitz Canyon Way Tel: (760) 322-8336 P.O. Box 2743 Fax: (760) 323-8207 Palm Springs, CA 92263-2743 TDD: (760) 864-9527 www.ci.palm-sahngq, a.us Troy B ci.palm-s rings.ca.us From: Kathie Hart Sent: Friday, March 03, 2006 11:07 AM To: Troy Butzlaff Cc: Jay Thompson; Carrie Rovney Subject: A5236 -Alcorn Fence (Vista Chino Flood Gates) Importance: High Troy Section 7, Page 8 of the bid documents states the rating shall be A or better "except that in case of Worker's Compensation Insurance, participation in State Fund......." Alcorn's worker's comp ins is with SeaBright, with a Best rating of A-. I have attached the following for your review: Section 7, Page 8 of the bid documents Certificate of Insurance • Best Rating I Please advice. I Thx! (per Carrie Rovney —they are in a hurry for this and is anxious for the executed agreement to be returned to 03/03/06 I Page 2 of 2 their department today, if possible) k IF Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs 3200 Tahquitz Canyon Way Patin Springs, CA 92262 KathieHcrcalm-s r�ings_ca.us Office (760) 323-8206 Fax (760) 322-8332 From: PALM SPRINGS FINANCE [mailto:ir3570-fin-hall@ci.palm-springs.ca.us] Sent: March 03, 2006 7:58 AM To: Kathie Hart Subject: Attached Image i �I j 03/03/06 I Best's Rating Center - Search Results Page 1 Page 1 of 1 i I View Ratings.Financial Strength Issuer Credit Securities Advanced Search Other Web Centers, Select One - Search Results Page 1 of 1 :3 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with Travelers Property Casualty To refine your search, please use our Advanced Search or view our Online Help for more information. New Search Travelers Property casualty View results starting with: A B C D E F G H I J K L M N O P Q R S T U V W X Company Information Financial Strength Ratings Issuer Credit Ratings Outlook/ Outlook/ r AMBS '+ Company Name "" Rating '+' Implication e' Long-Term 'T Implication T Short-Term T Do 04461 Travelers Properly Casualty Co of Amer A+ Stable aa- Stable US (Property/Casualty-Insurance Company) 58165 Travelers Property Casualty Corporation a- Stable US (Property/Casualty-Holding Company) 11027 Travelers Property Casualty Insurance Co A+ Stable as- Stable US (Property/Casualty-Insurance Company) Note: Financial Strength Ratings as of 0310312006 10:12 AM E.S.T. Financial Strength Ratings (FSR) are sometimes assigned to Property/Casualty-A.M. Best Consolidated GI note that Life/Health -A.M. Best Consolidated Groups and Company Consolidated Financial Statements are FSR ratings. * Denotes Under Review Best's Ratings Visit Best's Rating Center for a complete overview of our rating process and methodologies. Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company' strength,operating performance and business profile.These ratings are neither a warranty of a company's financial strength nor its ability to meet i obligations,including those to policyholders.View our entire notice for complete details. Customer service I Product Support I Member Center I Contact Info I Careers About A.M_Best I Site Map I Privacy Policy I Security I Terms of Use I Legal&Licensing Copyright©2006 A M Best Company,Inc.All rights reserved. A M Best Worldwide Headquarters,Ambest Road,Oldwick,New Jersey,08858,U.S.A. http://www3.ainbest.com/ratings/RatiiigsSearch.asp?AltSrc=9 3/3/2006 Best's Rating Center- Search Results Page 1 Page 1 of 1 va , 4 � vY r ' View Ratings Fiancial S secuntas ntrength Issuer Credit Advanced_Search Other Web Centers. Select One Search Results page 1 of 1 2 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with SeaBright Insurance To refine your search, please use our Advanced Search or view our Online Help for more information. Newseareh SeaBright Insurance View results starting with: A B _C D E F G H I J K L M N O P O R S T U V W X Company Information Financial Strength Ratings Issuer Credit Ratings Outlook Outlook/ •, a r r e. r I. +' AMB# + Company Name 'r" Rating- ry' Implication a' Lang-Term T Implication " Short-Term " Do 11755 SeaBright Insurance Company A- Stable a- Stable us (Property/Casualty-Insurance Company) 51252 SeaBright Insurance Holdings_Inc bbb- Stable Us (Property/Casualty-Holding Company) Alote: Financial Strength Ratings as of 0310312006 10:12 AM E.S.T. Financial Strength Ratings (FSR) are sometimes assigned to Property/Casualty-A.M. Best Consolidated GI note that Life/Health -A.M. Best Consolidated Groups and Company Consolidated Financial Statements are FSR ratings. * Denotes Under Review Best's Ratin s Visit Best's Rating-Center for a complete overview of our rating process and methodologies. Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company' strength,operating performance and business profile These ratings are neither a warranty of a company's financial strength nor Its ability to meet i obligations,including those to policyholders.View our entire notice for complete details Customer Service I Product Suppod I Member Center I r at-act Info I Careers About A.M Best I Site Map I Privacy Policy I Security I Terms of Use I Legal&LLicensing Copyright©2006 A.M Best Company,Inc.Al rights reserved A.M Best Worldwide Headquarters,Ambest Road,Oldwick,New Jersey,08858,U S A. http://www3.ambest.com/ratings/RatingsSearch.asp?A1tSre-9 3/3/2006 VENDORS&AMOUNTS BID VENDORS&AMOUNTS BID BID ABS" �flit; 1 f�� DUE f DATE: a17 ''OII J v )I NG TO: s U/1 Lmi JTITY COMMODITY ITEM+"* a o License Detail Page 1 of 2 Caflforno @Rome Friday Ma A y t 1 .1ON�'Omt3to � 1 i & Y' r License Detail CALIFORNIA CONTRACTORS STATE LICEN Contractor License # 122954 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before on this information, you should be aware of the following limitations: . CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject tc complaint disclosure, a link for complaint disclosure will appear below. Click on the lir button to obtain complaint and/or legal action information. . Per B&P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. . Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. . Due to workload, there may be relevant information that has not yet been entered ont Board's license data base. Extract Date: 03/03/2006 * * * Business Information ALCORN FENCE COMPANY P O BOX 1249 SUN VALLEY, CA 91352 Business Phone Number: (323) 875-1342 Entity: Corporation Issue Date: 01/05/1951 Expire Date: 02/29/2008 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications Class Description FA GENERAL ENGINEERING CONTRACTOR © GENERAL BUILDING CONTRACTOR C13 FENCING C29 MASONRY http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp?LicNtim=l22954 3/3/2006 License Detail Page 2 of 2 * * * Bonding Information CONTRACTOR'S BOND: This license filed Contractor's Bond number 882059 in the ami $10,000 with the bonding company SEABOARD SURETY COMPANY. Effective Date: 01/01/2004 Contractor's Bondina History_ BOND OF QUALIFYING INDIVIDUAL(1): This license filed Bond of Qualifying Individual I 360499 for GREGORY PAUL ERICKSON in the amount of$7,500 with the bonding con SEABOARD SURETY COMPANY. Effective Date: 03/04/1997 * * * Workers Compensation Information This license has workers compensation insurance with the SEA BRIGHT INSURANCE COMPANY Policy Number: BB1060234 Effective Date: 04/01/2006 Expire Date: 04/01/2007 Workers Compensation History_ Personnel listed on this license (current or disassociated) are listed on other licei Personnel List Other Licenses License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request C�2006 State of Caiifomia.Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBR-ARY/License+Detail.asp?LieNuin=122954 3/3/2006 STATE OF CALIFORNIA—DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF APPRENTICESHIP STANDARDS TO: California Department of Industrial Relations Division of Apprenticeship Standards P.O. Box 603 San Francisco, California 94101 EXTRACT OF FROM: AWARDING AGENCY PUBLIC WORKS CONTRACT AWARD 832480000 City of Palm Springs Office of Procurement& Contracting 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263-2743 A CONTRACT TO PERFORM PUBLIC WORKS UNDER LABOR CODE §17777.5 HAS BEEN AWARDED TO: 2. Name of General Contractor 3. Contractor's License Number Alcorn Fence Company 122954 4 Mail Address(Street Number of P O Box) 5 City P.O. Box 1249 Sun Valle 6 Zip Cade 7. Telephone Number 91352 323-875-1342 8. Address or Location of Public Works Site(Include city and/or country) Vista Chino Flood Gates, Palm Springs, CA 9. Contract or Project Number 10. Dollar Amount of Contract Award CP#05-26 $39,605. 11.Starting Date(Estimated or Actual) 12 Completion Date(Estimated or Actual) MONTH DAY YEAR (USENUMBERS) MONTH DAY YEAR (USENUMBERS) 3/15/06 3/31/06 13. Type of Construction(Highway,school, 15. hospital,etc. Flood Gatesi ❑ NEW CONSTRUCTION x ALTERATIONS 16. Classification or Type of Workman(Carpenter,plumber,etc) Gate fencing 17 Is language included in the Contract Award to effectuate the provisions of Section 1777.5, As required by the Labor Code?...... ...... .. .. ...... X YES NO Is language included in the Contract Award to effectuate the provisions of Section 1776, As required by the L bor Code?........ ... ...... X YES NO 18 Signature 19. Title 20. Dale Procurement March 3, 2006 tlkf-� Manager 21. Printed r load Name 22 Telephone Number Bruce R. J nson 760-322-8373 . C1TY OF'PALM SPRINGS; CALIFORNIA . I A PUBLIKC WORKS AND ENGINEERWG DEPARTMENT N: s- _ w NOTIC E TOBIPD. 'ERS, PROPOSAL, C QNTRACT, AND �' •�i � . SPEGIAL PROVIS IGN j FOR; CONSTRUCTION OF THE• . Y, w VISTA CHINO FLOOD OA ESQ CI T OJ:ECT, NO- W THL CITY 0 . F PALIVt': ,FFiI1��rS DATE January 2006 ' w z L - _ ?AI M s; . N yr r PO to �qCl FO - u�F i :, Davi'd'J. Barakian, P.E;� Director of Public'WprWtity Engineer! _u bids Open: y Bi February 7; 2006. Date u': - January, 12, 2006, � . � 4_ 10 i CITY PROJECT NO . 05-26 �r The Special Provisions 1! contained herein have been SI prepared by, or under the direct supervision of, the g following Registered Civil Engineer: i O qOF ES.c/Of, 9 F. F49yCF, ® C7 George F. Farago, P.E. or or n Associate Civil Engineer No.C-62254 City of Palm Springs 't Exp:9-30-2047 Civil Engineer C 62254 r�qp OIVI�- Q�Ot P OF CA 0 ®I Approved by: i David J. Barakian, P.E. Director of Public Works/City Engineer Civil Engineer C 28931 VISTA CHiNO FLOOD GATES CITY PROJECT NO.05-26 e 1/12/06 SIGNATURE PAGE • • NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND • • SPECIAL PROVISIONS • • TABLE OF CONTENTS • • PART 1 -- BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS • Notice Inviting Bids • Instructions to Bidders • Bid Forms • Bid (Proposal) • Bid Schedule • List of Subcontractors Non-collusion Affidavit • Equal Employment Opportunity Certification • Debarment and Suspension Certification Non-Lobbying Certification • Disclosure of Lobbying Activities • Bid Bond (Bid Security Form) • Bidder' s General Information • Agreement and Bonds • Agreement Form Worker' s Compensation Certificate • Performance Bond • Payment Bond • Certificate of Insurance • PART II -- SPECIAL PROVISIONS Section 1 - Terms, Definitions, Abbreviations, and Symbols • Section 2 - Scope and Control of Work • Section 3 - Changes in Work Section 4 - Control of Materials • Section 5 - Utilities • Section 6 - Prosecution, Progress, and Acceptance • of the Work y Section 7 Responsibilities of the Contractor • Section 8 - Facilities for Agency Personnel • Section 9 - Measurement and Payment Section 10 - Construction Details • Section 11, 12 and 13 Blank • Section 14 - Federal Requirements for Federal-Aid • Construction Projects • • • VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 1/12/06 SPECIAL PROVISIONS • GENERAL CONTENTS- PAGE 1 • • • • PART III -- APPENDIX I • Federal Prevailing Wage Rates • Project Drawings : • 1 . Vicinity Map 2 . Vista Chino Flood Gates - Gate Locations and Road Sections • 3 . Vista Chino Flood Gates - Flood Gate Locations • 4 . Vista Chino Flood Gates - Double Pipe Swing Gate • • • • • 0 • • • • • • • • • • • • • • • • • • • • • • • • • • VISTA CHINO FLOOD GATES • CITY PROJECT NO.05-26 1/12/06 SPECIAL PROVISIONS GENERAL CONTENTS-PAGE 2 • • • CITY OF PALM SPRINGS • • PUBLIC WOEKS AND ENGINEERING DEPARTMENT • • • • • PART I - BIDDING AND CONTRACTUAL • DOCUMENTS AND FORMS • VISTA CHINO FLOOD GATES • CITY PROJECT NO. 05-26 • • Notice Inviting Bids Instructions to Bidders • • Bid Forms • Bid (Proposal) Bid Schedule • List of Subcontractors • Non-Collusion Affidavit Equal Employment Opportunity Certification • Debarment and Suspension Certification • Non-Lobbying Certification • Disclosure of Lobbying Activities Bid Bond (Bid Security Form) • Bidder' s General Information • Agreement and Bonds • Agreement Form • Worker' s Compensation Certificate • Performance Bond Payment Bond • Certificate of Insurance • • • • • • • • • • VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 • 1/12/06 PART 1 CONTENTS PAGE 1 • i CITY OF PALM SPRINGS I � NOTICE INVITING BIDS i For the construction of VISTA CHINO FLOOD GATES - City Project No. 05-26 N-1. NOTICE IS HEREBY GIVEN that sealed bids for the VISTA CHINO FLOOD GATES will be received at the office of the Procurement and Contracting Manager of the City of Palm Springs, California, until 2 P.M. on February 7, 2006, at which time they will be opened and read aloud. I � N-2. DESCRIPTION OF THE WORK: The Work comprises the construction of flood gates (pipe swing gates) , concrete foundations and all appurtenant work on Vista Chino Road at the Whitewater Wash. i � � N-3. AWARD OF CONTRACT: (a) The City reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a bid, or to make award to the lowest responsive, responsible bidder and reject all other bids, as it may best serve the interest of the City. (b)As a condition of award, the successful bidder will be required to submit payment and performance bonds and insurance. • N-4. BID SECURITY: Each bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of 10 percent of the total bid price, payable to the City of Palm Springs. • N-5. BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a period of 60 calendar days from the date of bid opening. S N-6. CONTRACTOR'S LICENSE CLASSIFICATION: The Contractor shall possess a valid Class A or C13 Contractor License at the time of submitting bids. N-7. CALIFORNIA WAGE RATE REQUIREMENTS: The Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed. A copy of said wage rates is on file at the office of the City Engineer. The Contractor and any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates at the project site. A N-8. FEDERAL WAGE RATES: The general prevailing rates of wages by the Secretary of Labor is included in the Contract. If there is any difference between the State or Federal wages rates, the Contractor must pay the higher of the 2 rates. ® N-9. RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code. ® N-10. FEDERAL NON-DISCRIMINATION PROVISION: Bidders shall comply with the ® President's Executive Order No. 11246. N-11. FEDERAL INTEREST EXCLUSION: Any contract or contracts awarded under this Notice Inviting Bids are expected to be funded in part by a grant from the United States Government. Neither the United States nor any of its departments, agencies, or employees is or will be a party to this Notice Inviting Bids or ® VISTA CHINO FLOOD GATES NOTICE INVITING BIDS ® CITY PROJcCT NO.05-26 PAGE 1 1/12/06 any resulting Agreement. This procurement will be subject to regulations contained in 40 CFR Part 33 and 35. N-12 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: Contract Documents may be inspected without charge at the office of the City A Engineer, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262; or may be �I inspected without charge by visiting JP Reprographics' website at www.jpreprographics.com, and accessing the "Public Planroom" page from the "Plan Well Enterprise" website. For assistance accessing the Contract Documents on the JP Reprographics' website, please contact JP Reprographics at (760) 772-9794 . Contract Documents can not be purchased at the City, but are available for purchase from JP Reprographics. Complete sets of Contract Documents must be purchased from JP Reprographics, located at 77-734 Country Club Drive, Suite G-2, Palm Desert, CA 92211. Contract Documents may be ordered online at JP Reprographics' "Public Planroom" page from the "Plan Well Enterprise" website. Advanced orders must be placed at JP Reprographics, as Contract Documents are not available immediately on demand. Please contact JP Reprographics by ordering online, or by calling JP Reprographics at (760) 772-9794, or by submitting a request for Contract Documents by fax to JP Reprographics at (760) 772-9894. Contract Documents may be mailed or delivered by JP Reprographics to Bidders, subject to an additional fee. No refunds will be made for sets of Contract Documents ordered from JP Reprographics. It is the Bidder's responsibility to check for addenda issued by the City on this project through JP Reprographics. A formal Plan Holder's List is available on the JP Reprographics' website, or may be requested by contacting JP Reprographics directly. Addenda issued by the City will be forwarded to S all Plan Holders by JP Reprographics. N-13. ADDRESS AND MARKING OF BIDS: The envelope enclosing the Bid shall be Ssealed 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 S 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 S 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 � 2006. CITY OF PALM SPRINGS By David J. Barakian, PE Director of Public Works/City Engineer S City of Palm Springs s s s s S VISTA CHINO FLOOD GATES NOTICE INVITING BIDS CITY PROJECT NO.05-26 PAGE 2 S 1/12/06 CITY OF PALM SPRINGS INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS - Terms used in these Instructions to Bidders and the Notice Inviting Bids and not defined herein shall have the meanings assigned to them in the General and Special Provisions. The term "Bidder" shall mean one who submits a Bid directly to the City, as distinct from a sub-bidder, who submits a Bid to a Bidder. The term "Engineer" shall be as defined in the Special Provisions. 2. COMPETENCY OF BIDDERS - In selecting the lowest responsive, responsible Bidder, consideration will be given not only to the financial standing of the Bidder, but also to the general competency of the Bidder for the performance of the Work covered by the Bid. To this end, each Bid shall be supported by a statement of the Bidder's experience as of recent date on the form entitled "Bidder's General Information," bound herein. Except as Sotherwise provided under Public Contract Code §20103.5, no Bid for the Work will be accepted from a contractor who does not hold a valid contractor's license in the State of California for the classifications named in the Notice Inviting Bids at the time of award. 3. DISQUALIFICATION OF BIDDERS - More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. If the City believes that any Bidder is interested in more than one Bid for the Work contemplated, all Bids in which such Bidder is interested will be rejected. If the City believes that collusion exists among the Bidders, all Bids will be rejected. 4.. BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND THE SITE- (a) It is the responsibility of each Bidder before submitting a Bid to examine the Contract Documents thoroughly; visit the site to become familiar with local conditions that may affect cost, progress, or performance of the Work; consider federal, state, and local laws and regulations that may affect cost, progress, or performance of the Work; study and carefully correlate the Bidder's observations with the Contract Documents; and notify the Engineer of all conflicts, errors, or discrepancies noted in the Contract Documents. (b) Reference is made to the Special Provisions for identification of those reports of explorations and tests of subsurface conditions at the site which may have been utilized by the Engineer in the preparation of the Contract Documents. However, such reports are NOT a part of the Contract Documents. The interpretation of such technical data, including any interpolation or extrapolation thereof, together with non-technical data, interpretations, and opinions contained therein or the completeness thereof is the responsibility of the Bidder. (c) Copies of such reports and drawings will be made available for inspection by the City to any Bidder upon request. Those reports and drawings are NOT part of the Contract Documents, but any technical data contained therein upon which the Bidder is entitled to rely is limited to that set forth in the Special Provisions. (d) Subject to the provisions of Section 4215 of the California Government Code, information and data reflected in the Contract Documents with respect to underground utilities at or contiguous to the site is based upon information and data furnished to the City and the Engineer by the owners of such underground utilities or others, and the City does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Special Provisions. (e) Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground utilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in the Standard Specifications and Special Provisions. M Before submitting a Bid, each Bidder must, at Bidder's own expense, make or obtain any additional examinations and investigations which pertain to the physical conditions (surface, subsurface, and underground utilities) at or contiguous to the site or otherwise which may affect cost, progress, or performance of the Work and which the Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents. (g) Where feasible, upon request in advance, the City will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submittal of a Bid. The Bidder shall fill all exploration and test holes made by the Bidder and shall repair damage, clean up, and restore the site to its former condition upon completion of such exploration. VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 1/12/06 INSTRUCTIONS TO BIDDERS-PAGE 1 ® (h) The lands upon which the Work is to be performed, the rights-of-way and easements for access ® thereto, and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Contractor. Easement for permanent structures or permanent changes in existing structures will be obtained and paid for by the City unless otherwise provided in the Contract Documents. (i) The submittal of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article; that without exception the Bid is premised upon performing Sthe 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 0 performance of the Work. 0 5. INTERPRETATIONS - All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be resolved by the issuance of Addenda mailed or delivered to all parties recorded by the Engineer or • the City as having received the Contract Documents. Questions received less than 5 days prior to the date of opening Bids may not be answered. Only questions that have been resolved by formal written Addenda will be • binding. Oral and other interpretations or clarifications will be without legal or contractual effect. • 6. BID SECURITY, BONDS, AND INSURANCE - Each Bid shall be accompanied by a certified or cashier's • check or approved Bid Bond in the amount stated in the Notice Inviting Bids. Said check or bond shall be made payable to the City and shall be given as a guarantee that the Bidder, if awarded the Work, will enter into an • Agreement with the City and will furnish the necessary insurance certificates, Payment Bond, and Performance • Bond. Each of said bonds and insurance certificates shall be in the amounts stated in the Standard Specifications or Special Provisions. In case of refusal or failure of the successful Bidder to enter into said Agreement, the check • or Bid Bond, as the case may be, shall be forfeited to the City. If the Bidder elects to furnish a Bid Bond as its • security, the Bidder shall use the Bid Bond form bound herein, or one conforming substantially to it in form. • 7. RETURN OF BID SECURITY - Within 14 days after award of the Contract, the City will return all bid securities accompanying such of the Bids that are not considered in making the award. All other Bid securities will ® be held until the Agreement has been finally executed. They will then be returned to the respective Bidders whose • Bids they accompany. 0 S. BID FORM -The Bid shall be made on the Bid Schedule sheets bound herein. Unless otherwise provided in the Notice Inviting Bids, in the event there is more than one Bid Schedule, the Bidder may Bid on any individual schedule or on any combination of schedules. All bid items shall be properly filled out. Where so indicated in the ® Bid Documents, Bid price shall be shown in words and figures, and in the event of any conflict between the words and figures, the words shall govern. The envelope enclosing the sealed bids shall be plainly marked in the upper i 0 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 iin the same envelope with the Bid. i i S�. SUBMITTAL OF BIDS - The Bids shall be delivered by the time and to the place stipulated in the Notice Inviting Bids. It is the Bidder's sole responsibility to see that its Bid is received in proper time. Bids will not be accepted after the appointed time for opening of bids, no matter what the reason. • 10. DISCREPANCIES IN BIDS - In the event that there is more than one Bid Item in the Bid Schedule, the Bidder shall furnish a price for all Bid Items in the schedule, and failure to do so will render the Bid as non-responsive and may cause its rejection. In the event that there are unit price Bid Items in a Bid Schedule and the "amount" indicated for a unit price Bid Item does not equal the product of the unit price and quantity listed, • the unit price shall govern and the amount will be corrected accordingly, and the Contractor shall be bound by such correction, subject to the provisions of Section 5100 et seq. of the California Public Contract Code. In the 0 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 0 to the provisions of Section 5100 et seq. of the California Public Contract Code. 0 VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 0 1/12106 INSTRUCTIONS TO BIDDERS- PAGE 2 A A A A 11. QUANTITIES OF WORK - A (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 Aamount of work or material will correspond therewith. A (b) In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount Aof 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 Apercent, decreases of more than 25 percent, and eliminated items shall be adjusted as provided in Section 3 of the ® Standard Specifications and Special Provisions. A 12. WITHDRAWAL OF BID -The Bid may be withdrawn by the Bidder by means of a written request, signed A 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. A 1:3. 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 A completed Bid forms shall be without interlineation, alterations, or erasures. Alternative Bids will not be considered unless expressly called for in the Notice Inviting Bids. Oral, FAX, telegraphic, or telephone Bids or Amodifications will not be considered. A 14. LIQUIDATED DAMAGES - Provisions for liquidated damages, if any, shall be as set forth in the Agreement and the provisions of the Special Provisions. A 15. SUBSTITUTE OR "OR-EQUAL" ITEMS - The procedure for submittal of any application for a substitute or "or-equal" item by the Contractor and consideration by the Engineer is set forth in Section 6 of the Standard ASpecifications and Special Provisions. A 113. 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 who's 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 Aotherwise 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 Acombination. In the case of 2 or more Bid Schedules which are alternative to each other, only one of such Aalternative schedules will be awarded. A 17. EXECUTION OF AGREEMENT - The Bidder to whom award is made shall execute a written Agreement with the City on the form of agreement provided, shall secure all insurance, and shall furnish all certificates and ® bonds required by the Contract Documents within 7 calendar days after receipt of the Agreement forms from the ACity. 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 ASecurity. If the lowest responsive, responsible bidder refuses or fails to execute the Agreement, the City may A 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 AAgreement, each such bidder's Bid Securities shall be likewise forfeited to the City. A 11B. WORKER'S COMPENSATION REQUIREMENT - The Bidder should be aware that in accordance with laws of the State of Caiifomia, the Bidder will, if awarded the Contract, be required to secure the payment of Acompensation to its employees and execute the Worker's Compensation Certification. A ® - END OF INSTRUCTIONS TO BIDDERS- A A • A VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 A 1/12/06 INSTRUCTIONS TO A BIDDERS-PAGE 3 BID DOCUMENTS Only the following listed documents, identified in the lower right corner as "Bid Forms" and reproduced on colored paper, shall be fully executed and submitted with the Bid at the time of opening of Bids. Bid (Proposal) Bid Schedule(s) List of Subcontractors Non-collusion Affidavit ® Equal Employment Opportunity Certification Debarment and Suspension Certification Non-Lobbying Certification Disclosure of Lobbying Activities Bid Bond (Bid Security Form) eBidder's General Information e 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. 4D B B • 0 0 0 0 • VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 1/12/06 COVER SHEET BID FORMS-PAGE 1 • • BID BID TO: CITY OF PALM SPRINGS, CALIFORNIA The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City in the form included in the Contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled: VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 ® Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond, and all Permits required by the Contract Documents. ® Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged): Number Date Number Date • Number Date Number Date • Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems ' necessary. In conformance with the current statutory requirements of California Labor Code Section 1860, at seq., the undersigned confirms the following as its certification: 1 am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against • liability for worker's compensation, or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s)named in the aforementioned Bidding Schedule(s). Dated: Bidder: I j By: f (Signature) i Title: i I � 1 VISTA CHINO FLOOD GATES BID(PROPOSAL) CITY PROJECT NO.05-26 BID FORMS-PAGE 2 1/12106 • • • N BID SCHEDULE Lump Sum Price for Construction of VISTA CHINO FLOOD GATES PROJECT NO. 05-26 Description Install, complete and in place, one set of pipe swing gates (2 - 35 feet long) with three (3) demountable post foundations and two (2) demountable posts, and two (2) non- demountable posts and foundations at a location approximately 132 feet east of Palm Springs entry sign (west end of Cathedral City); traffic control; and all appurtenant work in accordance with the Contract Documents. Install, complete and in place, one set of pipe swing gates (2 - 43.50 feet long) with three (3) demountable post foundations and two (2) demountable posts, and two (2) non- demountable posts and foundations at a location approximately 1,288 feet east of Gene Autry Trail; traffic control; and all appurtenant work in accordance with the Contract Documents. TOTAL BID PRICE For the lump sum of (Price in figures) (Price in words) Name of Bidder or Firm I � I I � I is I � • VISTA CHINO FLOOD CATES CITY PROJECT NO.05-26 1/12/06 UNIT PRICE BID SCHEDULE BID FORMS-PAGE 3 • INFORMATION REQUIRED OF BIDDER �I 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. B' VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 1/12106 LIST OF SUBCONTRACTORS j BID FORMS-PAGE 4 • • • • • • • • • • • • NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER • AND SUBMITTED WITH BID (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the City of Palm Springs • PUBLIC WORKS AND ENGINEERING DEPARTMENT • • In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares 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. • • Note: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non-collusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal • prosecution. • i • • • • • VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 1/12/06 NON-COLLUSION AFFIDAVIT BID FORMS-PAGE 5 • N 0 (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF ® THIS PROPOSAL SHALL ALSO CONSTITUTE ANENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH AREA PART OF THIS PROPOSAL) 0 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION 0 0 N The bidder proposed ® subcontractor hereby certifies that he N has , has not , participated in a previous contract or subcontract subject to the equal M opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where M required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal • Contract Compliance, a Federal Government contracting or administering agency, or the former 0 President's Committee on Equal Employment Opportunity, all reports due under the applicable 0 filling requirements. 0 r r Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor(41 CFR 60-1.7(b)(1)),and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and • subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. 0 (Generally only contracts or subcontracts of$10,000 or under are exempt.) Currently, Standard Form 100(EEO-1)is the only report required by the Executive Orders or their • implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CPR 60-1.7(b) i (1)prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance,U.S. Department of Labor. • 0 • VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 . • 1/12106 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION BID FORMS-PAGE 6 • • DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 N The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: p • Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; p • Has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • Does not have a proposed debarment pending; and • Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. I � If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, i initiating agency, and dates of action. • Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 1/12/06 DEBARMENT AND SUSPENSION CERTIFICATION BID FORMS- PAGE 7 NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief,that: r (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of ® Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any ® person for influencing or attempting to influence an officer or employee of any Federal . agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, and U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, • which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly. I � • VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 • 1l12106 NON-LOBBYING CERTIFICATION BID FORMS- PAGE 8 • • INSTRUCTIONS FOR COMPLETION OF SF-LLL, ® DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether sub-awardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome of a covered Federal action. • 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in r which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or sub-award recipient. Identify the tier of the sub-awardee, e.g., the first sub-awardee of the prime is the first tier. Sub- awards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Sub-awardee" then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. S 7. Enter the Federal program name or description for the covered Federal action(item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA)number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, j e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime j entity identified in item 4 or 5. j 10. (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by j the reporting entity identified in item 4 to influence the covered Federal action. I VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 1/12/06 DISCLOSURE OF LOBBYING ACTIVITIES (INSTRUCTIONS) BID FORMS-PAGE 10 • • • • (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed • or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. ® 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name, title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project(0348-0046), Washington, D.C. 20503. SF-LLLlnswctions Rev.06-04-9WENDIrh s • s • • VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 1/12/06 DISCLOSURE OF LOBBYING ACTIVITIES S (INSTRUCTIONS) BID FORMS- PAGE 11 • • BID BOND KNOW ALL MEN BY THESE PRESENTS, That as Principal, And as Surety, • are held and firmly bound unto the City of Palm Springs, hereinafter called the "City" in the sum of: dollars (not less than 10 percent of the total amount of the bid) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a Bid to said City to perform the Work required under the Bid Schedule(s) of the City's Contract Documents entitled: VISTA CHINO FLOOD GATES CITY PROJECT NO. 05-26 Y NOW THEREFORE, if said Principal is awarded a Contract by said City, and within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a written r 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 2006. PRINCIPAL: SURETY: (Check one: _individual, _partnership, corporation) By By ® Title signature (NOTARIZED) (SEAL AND NOTARIAL ACKNOWLEDGMENT Print Name and Title: OF SURETY By signature (NOTARIZED) Print Name and Title: • (Corporations require two signatures;one from each of the following groups:A.Chairman of Board,President,or any Vice President;AND • B. Secretary, Assistant Secretary, Treasurer,Assistant Treasurer, or Chief Financial Officer). • VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 1/12J06 BID BOND (BID SECURITY FORM) BID FORMS- PAGE 12 • • N 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:( ) p 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 e Address pSurety Company Telephone Numbers: Agent ( ) Surety ( ) 5. Type of Firm (Individual, Partnership or Corporation): 6. Corporation organized under the laws of the State of: 7. List the names and addresses of the principal members of the Firm or names and titles of the principal officers of the corporation or firm: e • • VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 1/12/06 BIDDER'S GENERAL INFORMATION BID FORMS-PAGE 13 N N BIDDER'S GENERAL INFORMATION (Continued) r 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: p a. Owner Address Contact Class of Work Phone Contract Amount S Project Date Completed Contact Person Telephone number b. Owner Address Contact Class of Work Phone Contract Amount Project Date Completed Contact Person Telephone number C. Owner Address Contact Class of Work Phone Contract Amount Project Date Completed Contact Person Telephone number 1 C'. 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 recent financial statement or other information and references sufficiently comprehensive to e permit an appraisal of your current financial condition may be required by the Engineer. p VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 1/12/06 BIDDER'S GENERAL INFORMATION BID FORMS- PAGE 14 N N N N AGREEMENT N N THIS AGREEMENT made this day of in the year 2006, by and between the NCity 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 N Nhereinafter designated as the Contractor. NThe City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: N N ARTICLE 1 --THE WORK NThe Contractor shall complete the Work as specified or indicated under the Bid Schedules) of the City's Contract Documents entitled: N N VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 NThe Work is generally described as follows: NThe Work comprises the construction of flood gates(pipe swing gates),concrete foundations and all appurtenant work on Vista N Chino Road at the Whitewater Wash. N N ARTICLE 2--COMMENCEMENT AND COMPLETION NThe 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. NThe City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if Nthe Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with N applicable provisions of the Standard Specifications,as modified herein. They also recognize the delays, expense,and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, N 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. N N ARTICLE 3--CONTRACT PRICE N 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). N N ARTICLE 4--THE CONTRACT DOCUMENTS ® The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as N determined by the Director of the California Department of Industrial Relations, Federal Labor Standards Provisions, Federal Rates of Prevailing Wages, the accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General N Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers to , inclusive, and all Change ® Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. N N ARTICLE 5--PAYMENT PROCEDURES NThe Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special NProvisions. Applications for Payment will be processed by the Engineer or the City as provided in the Contract Documents. N N VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 N 1112/06 AGREEMENT FORM AGREEMENT AND BONDS-PAGE 1 0 • • ARTICLE 6--NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7—MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications for Public Works Construction ("Greenhook")and the Special Provisions will have the meanings indicated in said Standard Specifications and Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. ® The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. IN I 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 APPROVED AS TO FORM: Agreement No. By City Attorney Date CONTENTS APPROVED: By ® City Engineer Date By • City Manager Date VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 1112/06 AGREEMENT FORM AGREEMENT AND BONDS-PAGE 2 Y • CONTRACTOR: Check one:_Individual _Partnership Corporation N 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. 8/ BY SIGNATURE NOTARIZED SIGNATURE NOTARIZED Name: Name: ® Title: Title: Address: Address: State of State of County of County of On before me On before me personally appeared personally appeared personally known to me (or proved to me on personally known to me (or proved to me on the basis of satisfactory evidence) to be the the basis of satisfactory evidence)to he the person(s) whose camels) is/are subscribed person(s) whose name(s) is/are subscribed wto the within instrument and acknowledged to the within instrument and acknowledged to me that he/she/they executed the same in to me that he/she/they executed the same in his/her/their authorized capacity(ies), and his/her/their authorized capacity(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 persons) acted, behalf of which the persons) acted executed the instrument. executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature Notary Signature I I Notary Seal: Notary Seal: i i i VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 1/12/06 WORKER'S COMPENSATION CERTIFICATE AGREEMENT AND BONDS- PAGE 2 • • • • • • • • • • WORKER'S COMPENSATION CERTIFICATE • • • (AS REQUIRED BY SECTION 1861 OF THE CALIFORNIA LABOR CODE) • • • 1 am aware of the provisions of Section 3700 of the California Labor Code, which require every • employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of said Code, and I will comply with such provisions before • commencing the performance of the Work of this Contract. • • • Contractor • By • Title • • • • • • i • VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 • 1/12/06 • WORKER'S COMPENSATION CERTIFICATE AGREEMENT AND BONDS-PAGES PERFORMANCE BOND KIVOW 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: VISTA CHINO FLOOD GATES CITY PROJECT NO.06-26 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 , 2006. SURETY: CONTRACTOR: (Check one: _individual, _partnership, _corporation) By By signature Title (NOTARIZED) (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) Print Name and Title: By sgnature l (NOTARIZED) i Print Name and Title: (Corporations require two signatures; one from each of the following groups:A.Chairman of Board,President,or l any Vice President; AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief SFinancial Officer). VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 PERFORMANCE BOND 1/12/06 AGREEMENT AND BONDS-PAGE 4 • • • • 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: doll ors, • 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: • VISTA CHINO FLOOD GATES • CITY PROJECT NO.05-26 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 iWork 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 3131 of the Civil Code of the State of California so as to give a right of action to them or j their assigns in any suit brought upon this bond. PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, i • 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. ' i r SIGNED AND SEALED,this day of , 2006. • • • • • • i 'VISTA CHINO FLOOD GATES PAYMENT BOND • CITY PROJECT NO.05-26 AGREEMENT AND BONDS- PAGE 5 1/12/06 • ® CONTRACTOR: (Check one: individual, partnership, _corporation) By ® signature (NOTARIZED) Print Name and Title: By gnature (NOTARIZED) Print Name and Title: (Corporations require two signatures; one from each of the following groups: A. Chairman of Board, President, or any Vice President; AND B. Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). A • SURETY: BY Title (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) i i i i I • i i • ' s VISTA CHINO FLOOD GATES PAYMENT BOND CITY PROJECT NO.05-26 AGREEMENT AND BONDS-PAGE 6 1/12/06 • CERTIFICATE OF INSURANCE THIS CERTIFICATE ISSUED TO THE OWNERIAGENTS LISTED BELOW DESIGNATED BY THE CONTRACT WITH THE INSURED NAME AND ADDRESS OF INSURED INSURANCE COMPANIES AFFORDING COVERAGE COMPANY A B C D TYPE OF WORK PERFORMED AND LOCATION LIMITS OF LIABILITY IN THOUSANDS Ix1000) „ram TYPE OF INSURANCE POLICY NUMBER 1 EACH COMPREHENSIVE GENERAL LIABILITY including: • El EXPLOSION 5 E%PLOSION AND COLLAPSE BODILY INJURY ❑ UNDERGROUND DAMAGE $ $ PROPERTY DAMAGE ElPROWCFEICOMPLETED OPERATIONS CONTRACTUAL INSURANCE Pr ❑ BROAD FORM PROPERTY DAMAGE ❑ INDEPENDENT CONTRACTORS BODILY INJURY AND Cl PERSONAL INJURY PROPERTY DAMAGE COMBINED $ $ PERSONAL INJURY $ COMPREHENSIVE AUTOMOBILE BODILY INJUAY LIABILITY EACH PERSON 9 JuslWdmg: EACH ACCIDENT El '1 OWNED I.1 $FIRED PROPERTY DAMAGE ❑ NON OWNED er ❑ MOTOR CARRIER ACT BODILY INJURY AND PROPFR $ DAMAGE COMBINED EXCESS LIABILITY BODILY INJURY Inrldudmg: AND PROPERTY • IJ EMPLOYER'S LIABILITY DAMAGE COMBINED 5 WORKER'S COMPENSATION STATUTORY end • EMPLOYER'S LIABILITY Including: EL $ )EACH r El L014G SHOREMEN'8 AND ACCIDENT) I� HARBOR WORKERS '! OTHER ADDITIONAL INSURED ENDORSEMENT--CITY OF PALM SPRINGS r . The undersigned certifies that he or she is the representative of the above-named msurance companies,that he or she has the authority to execute and Issue this M certdlcate to CeRdicate Holder,and accordingly,does hereby cemly on behalf of said insurance compames that policies of insurance listed above have beer,issued to the insured named above and are in force at this time. Notwithstanding any requirement,term,or condition of any contract or other document with respect to which this certificate may be issued or may pertem,the msurance aHanded by the puBs,es described harem is Salect to at the terms,exclusgns,and conditions of such pa cies. Copies of the policies shown will be furnished to the Certificate Holder upon request. This Certificate does not amend,extend,or alter the coverage afforded by the nolicies listed. Cancellation: Should any of the above described policies be cancelled before the expiration date thereof,the isswng company will mail 30 days written notice to:he below-named certificate holder: • NAME AN0 ADDRESS OF ADDITIONAL INSURED DATE ISSUED BY • •uman¢,o nIaciml sll or worsw,a ravwsc..1-rse caveuer wOxess VISTA CHINO FLOOD GATES CERTIFICATE OF INSURANCE CITY PROJECT NO.05-26 AGREEMENT AND BONDS- PAGE 7 1/12/06 • • • • • • • • • CITY OF PALM SPRINGS • • •• PUBLIC WORKS AND ENGINEERING DEPARTMENT • 0 • • PART II -- SPECIAL PROVISIONS • • 0 VISTA CHINO FLOOD GATES 01 CITY PROJECT NO. 05-26 • •' Section 1 - Terms, Definitions, Abbreviations, •, and Symbols • Section 2 _ Scope and Control of Work Section 3 Changes in Work • Section 4 - Control of Materials • Section 5 - Utilities • Section 6 - Prosecution, Progress, and Acceptance of the Work 0 Section 7 - Responsibilities of the Contractor Section 8 - Facilities for Agency Personnel Section 9 - Measurement and Payment • Section 10 - Construction Details • Section 11, 12 and 13 - Blank Section 14 - Federal Requirements for Federal-Aid • Construction Projects • • • • • • • • VISTA CHINO FLOOD GATES PART II--SPECIAL PROVISIONS • CITY PROJECT NO. 05-26 GENERAL CONTENTS-PAGE 1 i/12/06 • CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING DEPARTMENT A N SPECIAL PROVISIONS N A VISTA CHINO FLOOD GATES CITY PROJECT NO. 05-26 SECTION 1 TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS » 1-1 GENERAL 1-1 .1 Standard Specifications . - The Work hereunder shall be done in accordance with the Standard Specifications for Public I Works Construction ("Greenbook") , 2003 Edition, including all current supplements, addenda, and revisions thereof, these Special Provisions, and the Standard Plans identified in the ! � Appendix, insofar as the same may apply to, and be in accordance jwith, the following Special Provisions. In case of conflict between the Standard Specifications for Public Works Construction ("Greenbook") and these Special Provisions, the Special Provisions shall take precedence over, and be used in lieu of, such conflicting portions . • 1-2 LEGAL ADDRESS 1-2.1 Legal Address of the City, - The official address of the • City shall be City of Palm Springs, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, or such other address as the City may subsequently designate in written notice to the Contractor. : 1.-2 .2 Legal Address of the Engineer. - The official address of the Engineer shall be David J. Barakian, P.E. , Director of Public Works/City Engineer, City of Palm Springs, Engineering • Department, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, or such other address as the Engineer may subsequently designate in writing to the Contractor. • VISTA CHINO FLOOD GATES TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS CITY PROJECT NO.05-26 SPECIAL PROVISIONS-SECTION 1 - PAGE 1 1/12/O6 • 4 1-2 .3 Legal address of the City' s Project Representative. - The ® name and address of the City' s designated Project Representative shall be the Street Maintenance Manager, City of Palm Springs, ® Public Works and Engineering Department, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, or such other address as the Project Representative may subsequently designate in writing to the Contractor. ® 1-3 DEFINITIONS AND TERMS 1-3.1 Definitions and Terms . - Wherever in the Standard Specifications the following terms are used, the definitions shall be amended to read: Agency - The City of Palm Springs, a charter city organized and existing in the County of Riverside, State of California. Engineer - The Director of Public Works/City Engineer of the City of Palm Springs, California. Liquidated Damages - The amount prescribed in the Special Provisions, ® pursuant to the authority of Government Code Section 53069.85, to be paid to the City or to be deducted from any payments due, or to become due, the Contractor for each day's delay in completing the whole or any specified portion of the Work beyond the time allowed in the Special Provisions. Standard Plans - The Standard Drawings and the Special Drawings of the City of Palm Springs. pOwner - The Owner shall be the Agency, as defined above. Working Day - A Working Day is defined as any day, except as follows: (a) Saturdays, Sundays, and any designated legal holiday officially observed by the City of Palm Springs. Designated legal holidays are: New Year's Day (January 1) Martin Luther King Jr. Day (Third Monday in January) Lincoln' s Birthday (February 12) President's Day (Third Monday in February) Memorial Day (Last Monday in May) p Independence Day (July 4) Labor Day (First Monday in September) Veteran' s Day (November 11) Thanksgiving Day (Last Thursday in November) Day after Thanksgiving Day Christmas Eve Day (December 24) Christmas Day (December 25) When a designated holiday falls on a Saturday, the Friday before the holiday shall be a designated legal holiday. When a designated holiday falls on a Sunday, the Monday after the holiday shall be a designated ® legal holiday. (b) Days on which the Contractor is prevented by inclement weather or conditions resulting immediately therefrom adverse to the current controlling operation or operations, as determined by the Engineer, from VISTA CHINO FLOOD GATES TERMS, DEFINITIONS,ABBREVIATIONS, AND SYMBOLS CITY PROJECT NO.05-26 SPECIAL PROVISIONS- SECTION 1 -PAGE 2 1112/06 proceeding with at least 75 percent of the normal labor and equipment force engaged on such operation or operations for at least 60 percent of the total daily time being currently spent on the controlling operation or operations. — END OF SECTION — VISTA CHINO FLOOD GATES TERMS, DEFINITIONS, ABBREVIATIONS,AND SYMBOLS CITY PROJECT NO. 05-26 SPECIAL PROVISIONS-SECTION 1 -PAGE 3 1/12/06 SECTION 2 -- SCOPE AND CONTROL OF WORK 2- 1 GENERAL Particular attention is directed to the provisions of Section 6- 1, "Construction Schedule and Commencement of Work, " Section 6- 7, "Time of Completion, " and Section 6-9, "Liquidated Damages" of the Standard Specifications . After the Contract has been approved by the City, and a written Notice to Proceed has been issued to the Contractor, the Contractor shall start the Work within 10 working days after the date specified in said Notice to Proceed. 40 Said Work shall be diligently prosecuted to completion before the expiration of: 15 WORKING DAYS e from the date specified in the Notice to Proceed from the City. e As set forth in the Agreement, the Contractor shall pay to the e City as liquidated damages the sum set forth in the Agreement per day for each and every calendar day' s delay in finishing the Work in excess of the number of working days prescribed above. 2-1. 1 Subcontracts. In addition to the subcontractors required to be listed in accordance with Section 2-3 . 1 of the Standard Specifications, each proposal shall have listed therein the name and address of all subcontractors, regardless of the amount of work, The list of subcontractors shall also set forth the portion of work that will be done by each subcontractor listed. A sheet for listing the subcontractors is included in the Proposal. S In accordance with Section 12 . 9 of Chapter 12 of the Local Assistance Procedures Manual, 23 Code of Federal Regulations 633 . 102 (e) , and the Federal Form 1273 itself, the prime construction Contractor of a Federal-aid project shall physically include in each subcontract, lower tier subcontract and purchase orders the required contract provisions contained in Federal Form 1273 . The provisions may not be incorporated by i reference. The Federal Form 1273 is included in Section 14 of these Special Provisions . I i Failure of the prime contractor to comply with this requirement is grounds for local agency termination of the contract with the contractor and debarment of the contractor by the FHWA. VISTA CHINO FLOOD GATES SCOPE AND CONTROL OF WORK CITY PROJECT NO. 05-26 SPECiAL PROVISIONS- SECTION 2-PAGE 1 • 1/12/06 I � i i i i 2-2 CONTRACT BONDS i ® 2•-2 .1 BONDING COMPANY WAIVER OF RIGHT OF NOTIFICATION i The following shall be added at the end of Section 2-4 of the i Standard Specifications : i "The Contractor shall ensure that its Bonding Company is familiar with iall of the terms and conditions of the Contract Documents, and shall obtain a written acknowledgement by the Bonding Company that said i Bonding Company thereby waives the right of special notification of i any changes or modifications of the Contract, or of extensions of time, or of decreased or increased Work, or of cancellation of the i Contract, or of any other act or acts by the City or any of its authorized representatives." 2-2 .2 EXECUTION OF BONDS i Bonds shall be executed by either: (a) two (2) or more ® sufficient personal sureties; (b) one sufficient admitted surety i insurer; or (c) a combination of sufficient personal sureties and admitted surety insurers. If a corporate surety insurer is i used, a County Clerk' s certificate evidencing that it is an i admitted surety insurer shall be submitted with the bonds . If a personal surety is used, all requirements set out in Code of i Civil Procedure Section 995 . 510 shall be met to the i satisfaction of the City Engineer. i 21-3 PRECEDENCE OF CONTRACT DOCUMENTS • i The provisions of Section 2-5. 2 of the Standard Specifications shall be revised to read as follows: i i In resolving disputes resulting from conflicts, errors, or discrepancies in any of the Contract Documents, the document highest in precedence shall control . The order of precedence I� shall be as listed below: i1. Change Orders or Work Change Directives i2. Agreement 3. Addenda i 4. Contractor's Bid (Bid Forms) 5. Special Provisions i 6. Notice Inviting Bids i 7. Instructions to Bidders 8. Plans (Contract Drawings) i 9. Standard Plans 10. Standard Specifications i11. Reference Documents i with reference to the Drawings, the order of precedence shall be i as follows: i1. Figures govern over scaled dimensions i2. Detail drawings govern over general drawings 3. Addenda or Change Order drawings govern over i VISTA CHINO FLOOD GATES SCOPE AND CONTROL OF WORK i CITY PROJECT NO. 05-26 SPECIAL PROVISIONS-SECTION 2- PAGE 2 1/12106 • • Contract Drawings 4. Contract Drawings govern over Standard Drawings • 5. Contract Drawings govern over Shop Drawings i � 2-4 SUBSURFACE DATA • Section 2-7 of the Standard Specifications shall be revised to • read as follows: • 112-7.1 Limited Reliance by Contractor. - Soils reports and other • reports of subsurface conditions may be made available for inspection by the Contractor. HOWEVER, SUCH REPORTS AND DRAWINGS ARE NOT • CONTRACT DOCUMENTS. The Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings only • where such "technical data" are specifically identified in the Special • Provisions. Except for such reliance on such "technical data, " the Contractor may not rely upon or make any claim against the City, the ® Engineer, nor any of the Engineer's Consultants with respect to any of the following: • 2-7.1.1. Completeness. - The completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures • of construction to be employed by Contractor and safety precautions and programs incident thereto, or ® 2-7.1.2. Other Information. - Any other data, interpretations, opinions, and information contained in such reports or shown or • indicated in such drawings, or • 2-7.1.3. Interpretation. - Any interpretation by the Contractor of • such "technical data," or any conclusion drawn from any "technical data" or any such data, interpretations, opinions or information." • • 2-5 TEMPORARY ACCESS OR CONSTRUCTION RIGHTS-OF-WAY • Unless indicated otherwise, all temporary access or construction rights-of-way, other than those shown on the Plans, which the • Contractor may find it requires during progress of the Work, shall be arranged by and paid for entirely by the Contractor, at its own expense. 2-6 PROTECTION OF SURVEY MONUMENTS It shall be the Contractor ' s responsibility to protect all the 1 existing survey monuments, bench marks, survey marks and stakes. Removal of such monuments, or displacement thereof, shall require their resetting per City requirements, including corner record filing, for the existing type of monument in question at the Contractor' s expense. 2-7 SURVEYING - It is the Contractor' s responsibility to provide all construction staking and field marking for job limits, saw-cut lines and removals; the Engineer reserves the right of final approval for all construction surveying provided in the field to determine that construction of improvements VISTA CHINO FLOOD GATES SCOPE AND CONTROL OF WORK CITY PROJECT NO. 05-26 SPECIAL PROVISIONS-SECTION 2- PAGE 3 1112106 conform to approved plans. The contractor shall provide all construction surveying as required by the Engineer or his representative. 21-8 AUTHORITY OF THE ENGINEER The Engineer will decide all conflicts which may arise as to (1) the quality or acceptability of the materials or equipment furnished, (2) the performance of the Work, (3) the manner of performance and rate of progress of the Work_, (4) the interpretation of the Plans, Specifications, and Special Provisions, (5) the acceptable fulfillment of the Contract on the part of the Contractor, and (6) compensation of the Contractor. The Engineer' s decision shall be final, and he shall have the authority to enforce and make effective such decisions and orders which the Contractor may fail to carry out promptly. 2-9 INSPECTION The Engineer shall have complete and safe access to the Work at all times during construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the Specifications, the r Special Provisions, and the Plans. All labor, materials, and equipment furnished shall be subject to the Engineer' s inspection. When the Work is substantially completed, a representative of the Engineer will make the final inspection. 2•-10 SITE EXAMINATION The Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work, and the general and local conditions, such as, but not limited to, all other matters which could in any way affect the Work or the costs thereof. The failure of the Contractor to acquaint itself with all available information regarding any applicable existing or future conditions shall not relieve it from the responsibility for properly estimating either the difficulties, responsibilities, or costs of successfully performing the Work according to the Contract Documents. �I 2-•11 FLOW AND ACCEPTANCE OF WATER Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, and has prepared its Bid accordingly; and the Contractor, by submitting such a Bid, assumes all said risk. VISTA CHINO FLOOD GATES SCOPE AND CONTROL OF WORK CITY PROJECT NO. 05-26 SPECIAL PROVISIONS- SECTION 2-PAGE 4 1/12106 �1 N M 2 .12 SUBMITTALS The following provisions shall replace Section 9-2 "Lump Sum Ir Work" of the Standard Specifications: The Contractor shall submit for approval by the Engineer, a Schedule of Values, or lump sum price breakdown, which will serve as the basis for progress payments and shall be incorporated into a form of Application for Payment acceptable to the Engineer. Such Schedule of Values shall be submitted for approval at the Pre-construction Conference and must meet the approval of the Engineer before any payments can be made to the Contractor. - END OF SECTION - VISTA CHINO FLOOD GATES SCOPE AND CONTROL OF WORK CITY PROJECT NO.05-26 SPECIAL PROVISIONS-SECTION 2-PAGE 5 1/12/06 III SECTION 3 -- CHANGES IN WORK Ir 3•-1 EXTRA WORK The provisions of Section 3-3 of the Standard Specifications shall apply; provided that the provisions for markup percentages for overhead and profit for extra work referenced in subparagraph 3-3. 2 . 3 of the 2003 edition shall be deleted in its entirety and the following substituted therefore: 3-2 PAYMENT 3-2 .1 Markup: The provisions of Subsection 3-3.2 . 3 Markup, shall be amended to read as follows: r (a) Work by Contractor. The following percentages shall be added to the Contractor' s costs and shall constitute the r markup for all overhead and profit. 1) Labor 24 percent (includes bonding) 2) Materials 15 percent 3) Equipment rental 15 percent �lob4) Other items and expenditures 15 percent j � 5) Subcontracts (1st tier only) 5 percent 6) lower tier subcontractors none To the sum of the costs and markups provided for in this subsection, except for labor, one percent shall be added as compensation for bonding. The actual costs or charges to be paid by the City to the Contractor as provided in this Section 3-2 will be computed in the same manner as if the work were to be paid as extra • work as provided in Section 3-3 . 2 of the Standard Specifications, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the City. • - END OF SECTION - VISTA CHINO FLOOD GATES CHANGES IN WORK CITY PROJECT NO. 05-26 SPECIAL PROVISIONS-SECTION 3-PAGE 1 1112/06 • SECTION 4 -- CONTROL OF MATERIALS 4-1 TRADE NAMES OR EQUALS 4-1 .1 Substitutions. - Subparagraph 2 of Section 4-1. 6 of the Standard Specifications shall be amended to read as follows : r Whenever any particular material, process, or equipment is indicated by a patent, proprietary, or brand name, or by the name of the manufacturer, such product shall be followed by the words "or equal . " A Contractor may offer any material, process, or equipment considered as equivalent to that indicated, unless a sole source is specified. Failure of the Contractor to submit requests for substitution promptly after bid opening shall be deemed to signify that the Contractor intends to furnish one of the brands named in the Special Provisions, and the Contractor does hereby waive all rights to offer or use substitute materials, products, or equipment for • that which was originally specified. Unless otherwise authorized by the Engineer, the time for submission of data substantiating a request for substitution of an a "or equal" item shall be not more than 20 days after bid opening. • 4-1.2 Submittals for Approval of "Or Equals . " - Should the • Contractor request approval for "or equal" products, it shall submit data substantiating such request to the Engineer as per Subsection 4-1 . 1, above. Data for approval of "or equal" • products shall include complete calculations, technical specifications, samples, or published documents relating to the performance and physical characteristics of the proposed substitute. The appearance of manufacturer and product names or trademarks, details of materials or services, or product descriptions in either the Plans or the Specifications are for reference only and do not constitute an endorsement of same by the Engineer or the City. 4 .2 MATERIALS B e 4-2 .1 Quantities . - The Contractor shall submit with each of its billing invoices, a corrected list of quantities, verified by the Engineer, for unit price items listed in the Bid Schedule. 4-2 .2 Placing Orders. - The Contractor shall place the order (s) B for all long-lead supplies, materials, and equipment, within 3 0 working days after the award of Contract by the City. The Contractor shall furnish the Engineer with a statement from the . s 'VISTA CHINO FLOOD GATES CONTROL OF MATERIALS CITY PROJECT NO.05-26 SPECIAL PROVISIONS-SECTION 4- PAGE 1 1/12/06 • • • • vendor (s) that the order (s) for said supplies, materials, and • equipment has been received and accepted by said vendor (s) within 15 working days from the date of said award of Contract . • • - END OF SECTION - • • • • • • • j • • • i • I • • • • • • • • • • • • • • • • • 'VISTA CHINO FLOOD GATES CONTROL OF MATERIALS CITY PROJECT NO.05-26 SPECIAL PROVISIONS- SECTION 4-PAGE 2 • 1/12/06 i i I` SECTION 5 -- UTILITIES 5-1 REMOVAL, RELOCATION, OR PROTECTION OF EXISTING UTILITIES (a) The following full text of Government Code Section 4215 shall replace the provisions of Section 5-5, subparagraph 4, of the Standard Specifications: "In accordance with the provisions of Section 4215 of v 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 I � any construction project that is a subject of the contract, if such utilities are not identified by the ' public agency in the plans and specifications made a part of the invitation for bids . The agency will compensate the Contractor for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in + the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. The Contractor shall not be assessed liquidated damages for delay in completion of the project, when . such delay was caused by the failure of the public agency or the owner of the utility to provide for removal or relocation of such utility facilities . Nothing herein shall be deemed to require the public agency to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the ® construction project can be inferred from the presence of other visible facilities, such as buildings, meter ® and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve the public agency from identifying main or trunk lines in the plans and specifications . If the Contractor while performing the contract discovers utility facilities not identified by the public agency in the contract plans or specifications, he or she shall immediately notify the public agency and utility in writing. S VISTA CHINO FLOOD GATES UTILITIES CITY PROJECT NO.05-26 SPECIAL PROVISIONS- SECTION 5- PAGE 1 O 1/12/06 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 . " (13) Removal, Relocation, or Protection of Existing Utilities. - The following provisions shall be added to the end of Section 5-5 of the Standard Specifications: "If the Contractor, while performing the Contract, discovers utility facilities not identified by the public agency in the Contract Plans or Specifications, he or she shall immediately notify the public agency and utility in writing. The public utility, where they are the owner, shall have the sole discretion to perform repairs or relocation work, or permit the Contractor to do such i � repairs or relocation work at a reasonable price. " I � I 5-2 TEMPORARY SUPPORT OF UTILITIES The Contractor shall verify the locations of existing utilities that parallel or cross the Work During construction of the Work, some of the existing utilities may fall within the prism of trenches. If the existing utility does fall within the Contractor' s trenches, the utility involved shall be supported properly by the Contractor to the satisfaction of the utility owner. The method of support of the utility, precautions to be taken during trench backfill and compaction, etc. , shall be per the utility owner' s requirements. The Contractor shall contact the utility owner should it anticipate such exposure of any of the existing utilities. 5-3 UTILITY LOCATION AND PROTECTION The Contractor shall notify Underground Service Alert at 1-800- 227-2600 a minimum of 2 working days prior to any excavation in the vicinity of any potentially existing underground facilities in order to verify the location of all utilities prior to the commencement of the Work. The Contractor shall be responsible for coordinating its work with all utility companies during the construction of the Work. All water valves, fire hydrants, Southern California Edison vaults, General Telephone vaults, Southern California Gas . 'VISTA CHINO FLOOD GATES UTILITIES CITY PROJECT NO.05-26 SPECIAL PROVISIONS- SECTION 5-PAGE 2 1/12/06 Company valves, and other subsurface structures shall be protected by the Contractor. - END OF SECTION - i I i . 1 ® VISTA CHINO FLOOD GATES UTILITIES CITY PROJECT NO. 05-26 SPECIAL PROVISIONS-SECTION 5- PAGE 3 1112/06 I® SECTION 6 -- PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6• 1 LIQUIDATED DAMAGES 6•-1 .1 Amount. - The amount of liquidated damages as specified in Section 6-0 of the Standard Specifications shall not apply, but shall be as stated in the Agreement. 6-2 TIMES OF OPERATION 6-2 .1 Hours of Operation. - It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following, other than between the hours of 7 : 00 a.m. to 3: 30 p.m. , Monday through Friday, with no work allowed on City- observed holidays, unless otherwise approved by the Engineer: 1. Powered Vehicles 2 . Construction Equipment 3. Loading and Unloading Vehicles 4 . Domestic Power Tools 6-3 NOTIFICATION I � The Contractor shall notify the City and the owners of all utilities and substructures not less than 2 working days prior • to commencing the Work. The following list of names and • telephone numbers is intended for the convenience of the Contractor only and is not guaranteed to be complete or correct: • CITY OF PALM SPRINGS • Pete Agres, Street Maintenance Manager (760) 323-8253 j • Sherman Ferguson, Streets Maintenance Supervisor (760) 323-8167 Dave Barakian, City Engineer (760) 323-8253 • VERIZON ' Attention: Mr. Larry Moore (760) 778-3603 DESERT WATER AGENCY Attention: Mr. Woody Adams (760) 323-4971 SOUTHERN CALIFORNIA EDISON COMPANY Attention: Mr. Frank Kassa (760) 202-4270 SOUTHERN CALIFORNIA GAS COMPANY Attention: Mr. Ken Kennedy (909) 335-7716 TIME-WARNER CABLE e Attention: Mr. Dale Scrivner (760) 340-1312 WHITEWATER MUTUAL Attention: Mr. Stan Clark (760) 325-5880 s . SPRINT S PROSECUTION, PROGRESS, S VISTA CHINO FLOOD GATES AND ACCEPTANCE OF THE WORK CITY PROJECT NO.05-26 SPECIAL PROVISIONS-SECTION 6-PAGE 1 S 1/12/06 q ® Attention: Mr. Lynn Durrett (909) 873-8022 UNDERGROUND SERVICE ALERT (800) 227-2600 6-4 EMERGENCY INFORMATION The names, addresses, and telephone numbers of the Contractor, sub-contractors, their owners, officers, and ® superintendents, shall be filed with the Engineer at the Pre- Construction Conference. - END OF SECTION - w • • • w PROSECUTION, PROGRESS, VISTA CHINO FLOOD GATES AND ACCEPTANCE OF THE WORK CITY PROJECT NO. 05-26 SPECIAL PROVISIONS-SECTION 6- PAGE 2 • 1/12/06 SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR 71 General. - T-1 .1 General Requirements The requirements and conditions which the bidder must observe in the preparation of the proposal form and the submission of the bid are provided in these Special Provisions, in Notice Inviting Bids, Instructions to Bidders and Bid Documents . In conformance with Public Contract Code Section 7106, a Non- collusion Affidavit is included in the Proposal . Signing the Proposal shall also constitute signature of the Non-collusion Affidavit . The Contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT assisted contracts . Failure by the Contractor to carry out these requirements is a material ! � breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Each subcontract signed by the bidder must include this assurance. I � The provisions of Section 7-13 of the Standard Specifications shall be revised to read as follows : "The Contractor shall keep itself fully informed of all existing and future State and Federal laws, and county and municipal ordinances and regulations, which . in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any way affect the conduct of the Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. He or she shall at all times observe and comply with all E � such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any or all authority over the Work, and shall indemnify the City and all officers and employees thereof connected with the Work, including, but not limited to, the City Engineer, against any claim or liability arising from, or based on, the violation of any such law, ordinance, regulation, order, or decree, whether by itself or its employees . If any discrepancy or inconsistency is discovered in the Plans, Drawings, Special Provisions, or Contract for the Work in relation to any such law, ordinance, VISTA CHINO FLOOD GATES RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 05-26 SPECIAL PROVISIONS-SECTION 7 -PAGE 1 1/12/06 • • • regulation, order, or decree, the Contractor shall • forthwith report the same to the Engineer in writing. " • 7•-1 .2 Federal Lobbying Restrictions . -- Section 1352, Title 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier sub-recipient of a Federal-aid contract to pay for any person for influencing • or attempting to influence a Federal agency or Congress in • connection with the awarding of any Federal-aid contract, the • making of any Federal grant or loan, or the entering into of any cooperative agreement . • If any funds other than Federal funds have been paid for the same purposes in connection with this Federal-aid contract, the recipient shall submit an executed certification and, if • required, submit a completed disclosure form as part of the bid • documents . j • A certification for Federal-aid contracts regarding payment of • funds to lobby Congress or a Federal agency is included in the Proposal . Standard Form - LLL, "Disclosure of Lobbying Activities, " with instructions for completion of the Standard Form is also included in the Proposal . Signing the Proposal • shall constitute signature of the Certification. • The above referenced certification and disclosure of lobbying • activities shall be included in each subcontract and any lower- tier contracts exceeding $100, 000 . All disclosure forms, but not certifications, shall be forwarded from tier to tier until • received by the Engineer. • The Contractor, subcontractors and any lower-tier contractors • shall file a disclosure form at the end of each calendar • quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the • information contained in any disclosure form previously filed ® by the Contractor, subcontractors and any lower-tier contractors . An event that materially affects the accuracy of ® the information reported includes : ® (1) A cumulative increase if $25, 000 or more in the amount ® paid or expected to be paid for influencing or attempting to influence a covered Federal action; or ® (2) A change in the person (s) or individual (s) influencing or attempting to influence a covered Federal action; or (3) A change in the officer (s) , employees (s) , or Member (s) contacted to influence or attempt to influence a covered Federal Action. • 7-2 Hours of Labor. - Eight hours labor constitutes a legal • day' s work. The Contractor shall comply with all applicable • provisions of Section 1810 to 1815, inclusive, of the California VISTA CHINO FLOOD GATES RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 05-26 SPECIAL PROVISIONS-SECTION 7-PAGE 2 • 1/12/06 • Labor Code relating to working hours . The Contractor shall forfeit, as a penalty to the City, $25. 00 for each worker employed in the execution of the contract by the Contractor or by any subcontractor under him for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day or 40 hours in any one calendar week, unless such worker receives compensation for all hours worked in excess of 8 hours per day, or 40 hours during any one week at not less than one and one-half times the basic rate of pay. 7-3 Prevailing Wage. - As required by Sections 1770 and following, of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations . Copies of such prevailing rate of per diem wages are on file at the office of the Engineer, which copies shall be made available to any interested party on request. The Contractor shall post a copy of such determination at each job site. The Contractor shall, as a penalty to the City, forfeit $50 . 00 for each calendar day, or portion thereof, for each worker paid I i less than the prevailing rates as determined by the Director for such work or craft in which such worker is employed for any public work done under the Contract by it or by any subcontractor under it. 7-4 Travel and Subsistence Payments. - As required by Section • 1773 . 8 of the California Labor Code, the Contractor shall pay i 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 I � accordance with this Article. To establish such travel and subsistence payments, the representative of any craft, classification, or type of worker needed to execute the Contract shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within 10 days after their execution and thereafter shall establish such travel and subsistence payments whenever filed 30 days prior to the call for Bids . 7-5 Unpaid Claims . - If, at any time prior to the expiration of the period for service of a Stop Notice, there is served upon the City a Stop Notice, as provided in Sections 3179 through 3210 of the Civil Code of the State of California, the City shall, until the discharge thereof, withhold from the moneys S under its control so much of said moneys due or to become due • VISTA CHINO FLOOD GATES RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO.05-26 SPECIAL PROVISIONS-SECTION 7 -PAGE 3 1/12/06 the Contractor under this Contract, as shall be sufficient to answer the claim stated in such Stop Notice, and to provide for the reasonable cost of any litigation thereunder, provided, that if the Engineer shall, in its discretion, permit the Contractor to file with the City the bond referred to in Section 3196 of the Civil Code of the State of California, said moneys shall not thereafter be withheld on account of such Stop Notice. 7-6 Retainage From Monthly Payments. - Pursuant to Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any money withheld by the City to p ensure performance under the Contract. At the request and • expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent, who shall return such securities to the Contractor upon satisfactory completion of the Contract . Deposit of securities with an escrow agent shall be subject to a written agreement for in-lieu construction payment retention, provided by the City between the escrow agent I � a.nd the City, which provides that no portion of the securities shall be paid to the Contractor until the City has certified to the escrow agent, in writing, that the Contract has been • satisfactorily completed. The City will not certify that the Contract has been satisfactorily completed until at least 30 days after filing by the City of a Notice of Completion. Securities eligible for investment under Public Contract Code • Section 22300 shall be limited to those listed in Section 16430 of the Government Code, and to bank or savings and loan certificates of deposit . j � 7-7 Contracts for Trenches or Excavations; Notice on Discovery of Hazardous Waste or Other Unusual Conditions; Investigations; Change Orders; Effect on Contract. - (a) As required under Section 7104 of the Public Contract Code, in any public works contract of a local public entity, which involves the digging of trenches or other excavations that extend deeper than 4 feet below the surface, shall be subject to the following conditions: the Contractor shall promptly, before the conditions are disturbed, notify the public entity in writing of such conditions . (b) It has been determined that the OSHA soil classification in Palm Springs has designated to be Type C soil throughout the City. All protective measures shall be based upon that determination. 7-8 Resolution of Construction Claims . - As required under Section 20104 , et seq. , of the California Public Contract Code, any demand of $375, 000 or less, by the Contractor for a time extension, payment of money, or damages arising from the work done by or on behalf of the Contractor pursuant to this VISTA CHINO FLOOD GATES RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO.05-26 SPECIAL PROVISIONS- SECTION 7-PAGE 4 • 1/12/06 1� Contract, or payment of an amount which is disputed by the City, shall be processed in accordance with the provisions of said Section 20104, et seq. , relating to informal conferences, non- binding judicially-supervised mediation, and judicial arbitration. A single written claim shall be filed under this Article prior to the date of final payment for all demands resulting out of the Contract. Within 30 days of the receipt of the claim, the City may request additional documentation supporting the claim, or relating to • defenses or claims the City may have against the Contractor. If the amount of the claim is less than $50, 000, the Contractor shall respond to the request for additional information within 15 days after receipt of the request . The Contractor shall respond to the request within 30 days of receipt, if the amount of the claim exceeds $50, 000, but is less than $375, 000 . Unless further documentation is requested, the City shall respond to the claim within 45 days, if the amount of the claim i is less than $50, 000, or within 60 days, if the amount of the claim is more than $50, 000, but less than $375, 000 . If further documentation is requested, the City shall respond within the same amount of time taken by the Contractor to respond, or 15 • days, whichever is greater, after receipt of the information, if • the claim is less than $50, 000 . If the claim is more than $50, 000, but less than $375, 000, and further documentation is requested by the City, the City shall respond within the same ! � amount of time taken by the Contractor to respond, or 30 days, whichever is greater. If the Contractor disputes the City' s response, or the City fails to respond, the Contractor may demand an informal conference to meet and confer for settlement of the issues in O 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 0 schedule the meet and confer conference within 30 days of the request . S If the meet and confer conference does not produce a S satisfactory request, the Contractor may pursue the remedies S authorized by law. S 7-9 Concrete Forms, Falsework, and Shoring. - The Contractor shall comply fully with the requirements of Section 1713 of the • Construction Safety Orders, State of California, Department of Industrial Relations, regarding the design of concrete forms, falsework, and shoring, and the inspection of same prior to the placement of concrete. Where the said Section 1717 requires the • VISTA CHINO FLOOD GATES RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 05-26 SPECIAL PROVISIONS-SECTION 7 -PAGE 5 • 1/12106 e services of a civil engineer registered in the State of California to approve design calculations and working drawings of the falsework or shoring system, or to inspect such system prior to the placement of concrete, the Contractor shall employ • a registered civil engineer for these purposes, and all costs therefor shall be included in the Bid item price named in the Contract for completion of the Work as set forth in the Contract Documents. 7-10 Payroll Records; Retention; Inspection; Noncompliance Penalties; Rules and Regulations . - The Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and ® the actual per diem wages paid to each journeyman, apprentice, w worker, or other employee employed by him or her in connection with the public work. The payroll records, enumerated under paragraph one of this • Section 7-11, shall be certified and shall be made available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: 1 . A certified copy of an employee ' s payroll record shall be made available for • inspection, or furnished to the employee, or • his or her authorized representative on request. 2 . A certified copy of all payroll records, enumerated herein, shall be made available for inspection, or furnished upon request, to a representative of the body awarding the Contract, or the Division of Labor Standards Enforcement, or the Division of Apprenticeship Standards of the California Department of Industrial Relations . A 3 . A certified copy of all payroll 0 records, enumerated herein, shall be made available upon request to the public for e inspection, or copies thereof made, ® provided, however, that a request by the public shall be made through either the body S awarding the Contract, or the Division of S Apprenticeship Standards, or the Division of Labor Standards Enforcement . If the requested payroll records have not been provided pursuant to Section 7 . 11, paragraph • 2, herein, the requesting party shall, prior VISTA CHINO FLOOD GATES RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 06-26 SPECIAL PROVISIONS- SECTION 7 -PAGE 6 • 1/12/06 to being provided the records, reimburse the costs of preparation by the Contractor, sub- contractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of the Contractor. The Contractor and each subcontractor shall file a certified copy of the records, enumerated in paragraph one of this Section 7-11, herein, with the entity that requested the records within 1� 10 days after receipt of a written request. Any copy of records made available for inspection as copies, and ® furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, shall be marked or Obliterated in such a manner as to prevent disclosure of an individual' s name, address, and social security number. The name and address of the Contractor awarded the Contract or performing the Contract shall not be marked or obliterated. The Contractor shall inform the body awarding the Contract of the location of the records enumerated under said Section 7-11, ' paragraph one, herein, including the street address, city and j � county, and shall, within 5 working days, provide a notice of any change of location and address . In the event of noncompliance with the requirements of this Section, the Contractor shall have 10 days in which to comply subsequent to receipt of a written notice specifying in what respects the Contractor must comply with this Section. Should noncompliance still be evident after the 10-day period, the Contractor shall, as a penalty to the State or political subdivision on whose behalf the Contract is made or awarded, forfeit 25 dollars for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. p A copy of all payrolls shall be submitted weekly to the Engineer. Payrolls shall contain the full name, address and social security number of each employee, his or her correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made, and actual wages paid. They shall also indicate all apprentices and ratio of apprentices to • journeymen. The employee' s address and social security number need only appear on the first payroll on which his or her name appears. The payroll shall be accompanied by a "Statement of ' Compliance, " signed by the employer or its agent, indicating that the payrolls are correct and complete, and that the wage VISTA CHINO FLOOD GATES RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO.05-26 SPECIAL PROVISIONS-SECTION 7 -PAGE 7 1/12/06 • • rates contained therein are not less than those required by the Contract. The "Statement of Compliance" shall be on forms furnished by the City, or on any form with identical wording. The Contractor shall be responsible for the submission of copies of payrolls from all subcontractors. 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 in addition to all other retentions provided for in the Contract. The retention for failure to submit payrolls for any monthly period will be released for payment on the monthly estimate for partial payments next following the date that all the satisfactory payrolls for which the retention was made are submitted. 7-11 INSURANCE AMOUNTS I � 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 VII or better, and (3) with companies with a Best' s General Policy Policyholders Rating of not less than A, except that in case of Worker' s Compensation Insurance, participation in the State Fund, where applicable, is acceptable. • The limits of liability for insurance, as required by Section 7- 3 and 7-4 of the Standard Specifications, shall provide coverage • for not less that the following amounts, or greater where • required by laws and regulations : 1. Workers ' Compensation: a) State: Statutory Amount Or minimum $1, 000, 000 b) Employer' s Liability: $1, 000, 000 2. Comprehensive General Liability: a) Bodily Injury (Including completed operations and products liability and wrongful death) : $ 11000, 000 Each Occurrence $ 11000, 000 Annual Aggregate Property Damage: VISTA CHINO FLOOD GATES RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 05-26 SPECIAL PROVISIONS-SECTION 7 -PAGE 8 1/12/06 • ® $ 1, 000, 000 Each Occurrence $ 1, 000, 000 Annual Aggregate b) Property damage liability insurance will provide explosion, collapse, and underground coverages where applicable. C) Personal injury, with employment exclusion. deleted: $ 1, 000, 000 Annual Aggregate 3 . Comprehensive Automobile Liability: a) Bodily Injury (Including wrongful death) : $1, 000, 000 Each Person $1, 000, 000 Each Occurrence w b) Property Damage $1, 000, 000 Each Occurrence 4 Or a combined single limit of $1, 000, 000 j � 7'-12 PERMITS i ! � 7-12 .1 Business License. The Contractor and all of its subcontractors shall possess a current City business license issued by the City prior to commencement of the Work, in • accordance with Title 3 of the City' s Municipal Code. The Contractor shall obtain a Business License from the City of Palm Springs prior to commencement of work. The Business License can • be obtained from the City of Palm Springs, Business License Office, 3200 Tahquitz Canyon Way, Palm Springs, CA. 92262, (760) 323-8289 . • 7-12 .2 City of Palm Springs Construction Permit. The Contractor shall be required to obtain and sign a City of Palm Springs Construction Permit prior to commencement of the Work, but the i fee for this permit shall be waived- The Construction Permit can • be obtained from the office of the Engineer. 7-13 SITE CLEANUP Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the Contractor shall keep the work site clean and free from rubbish and debris . • The Contractor shall also abate dust nuisance, as required in Section 7-16 of these Special Provisions. The use of water • VISTA CHINO FLOOD GATES RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO.05-26 SPECIAL PROVISIONS-SECTION 7- PAGE 9 • 1112/06 • • • • resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods . I� Materials and equipment shall be removed from the site as soon • as they are no longer necessary; and upon completion of the work • and before final inspection the entire worksite shall be cleared of equipment, unused materials, trash, rubbish and debris so as • to present a satisfactory clean and neat appearance, as approved i by the Engineer. All cleanup costs shall be absorbed in the Contractor' s bid. • • Full compensation for all work required in this section shall be • considered as included in the contract prices paid for the related items of work and no additional compensation will be • allowed therefor. • 7-14 DUST CONTROL i 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 i with City requirements, and to the satisfaction of the City • Engineer. The cost of this work shall be included in the bid • price, and no additional payment will be made therefore. • - END OF SECTION - • I • ' i • i • • i • • • • i • • VISTA CHINO FLOOD GATES RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 05-26 SPECIAL PROVISIONS-SECTION 7-PAGE 10 • 1112106 • • • • • • SECTION 8 FACILITIES FOR AGENCY PERSONNEL • • • (BLANK) • • - END OF SECTION • • • • • • • • • • • • • • • I • • I • • • • • • • • • VISTA CHINO FLOOD GATES FACILITIES FOR AGENCY PERSONNEL CITY PROJECT NO.05-26 SPECIAL PROVISIONS-SECTION 8 -PAGE 1 • 1/12/06 I� SECTION 9 - MEASUREMENT AND PAYMENT 9•-1 GENERAL 9-1.1 Payment. - The lump sum bid price shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals necessary to complete the Work, all in accordance with the provisions for Measurement and Payment in the Standard Specifications and these Special Provisions, and as shown on the Drawings, including all appurtenances thereto, and including all costs of compliance with the regulations of public agencies having jurisdiction, including the Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration of the U. S. Department of Labor (OSHA) . w 9-1.2 Partial and Final Payments . - Acceptance of any progress A payment accompanying any estimate without written protest shall be an acknowledgement by the Contractor that the number of accumulated contract days shown on the associated statement of working days is correct. Progress payments made by the City to the Contractor after the completion date of the Contract shall not constitute a waiver of liquidated damages. Subject to the provisions of Section 22300 of the Public Contract Code, 10 percent retention will be withheld from each payment. All invoices and detailed pay requests shall be approved by the Engineer before submittal to the City for payment. All billings shall be directed to the Engineer. The Contractor shall submit with its invoice the Contractor' s j � conditional waiver of lien for the entire amount covered by such invoice; valid unconditional waivers of lien from the Contractor I � and all subcontractors and material-men for all work and materials included in any prior invoices; Waivers of lien shall be in the forms prescribed by California Civil Code Section 3262. Prior to final payment by the City, the Contractor shall submit a final waiver of lien for the • Contractor' s work, together with releases of lien from any subcontractor or material-men. • 9-1.3 Payment. - The last subparagraph of Standard • Specifications Section 9-3 . 1 shall be DELETED and the following substituted therefor: "At the expiration of 35 days after acceptance of the Work by • the City, or as prescribed by law, the amount deducted from partial payments and retained by the City will be processed for payment to the Contractor, except for such amounts as are • required by law to be withheld by properly executed and filed VISTA CHINO FLOOD GATES MEASUREMENT AND PAYMENT CITY PROJECT NO. 05-26 SPECIAL PROVISIONS-SECTION 9-PAGE 1 1/12106 • notices to stop payment, or as may be authorized by the ® Contract to be further retained. " 9-2 PAYMENT SCHEDULE Initial Mobilization. - Measurement for payment for initial mobilization will be based upon completion of such work as a lump sum, non-proratable pay item, and shall require completion of all of the listed items. 0 Payment for Initial Mobilization will be made at the lump sum 0 allowance of 50 of the total bid price, which sum shall constitute full compensation for all such work. Payment for Initial Mobilization will be made in the form of a single, lump- 0 sum, non-proratable payment, no part of which will be approved • for payment under the Contract until all Initial Mobilization items listed herein have been completed as specified. The scope of the work shall include the obtaining of all bonds, insurance, • and permits, moving onto the site of all plant and equipment, as required for the proper performance and completion of the Work. Mobilization shall include, but not be limited to, the following 0 principal items: 0 1. Moving onto the site of all Contractor' s plant and equipment. 0 2 . Providing on-site communication facilities for the Contractor and the Engineer. O • 3 . Providing on-site sanitary facilities and potable water facilities, as specified per Paragraph 7- 0 8 . 4, "Sanitation" of the Standard Specifications. N 4 . Obtaining and paying for all required bonds, insurance, and permits . s 0 S. Posting all OSHA-required notices, and 0 establishment of OSHA-approved safety programs. • 6. Having the Contractor' s superintendent at the job • site full-time. 0 7 . Submitting of the required Construction r Schedule, as specified in the Section 6-1, "Construction Schedule and Commencement of Work" j0 of the Standard Specifications. 0 top 8 . Ordering all long lead-time supplies, materials and equipment. • i VISTA CHINO FLOOD GATES MEASUREMENT AND PAYMENT CITY PROJECT NO.05-26 SPECIAL PROVISIONS-SECTION 9- PAGE 2 1/12/06 i 0 • • • Payment For Mobilization: Payment for initial mobilization will be included as part of the • lump sum Bid Schedule and shall constitute full compensation 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 shall be in addition to the retention of any payments due to the Contractor. • B. Payment for mobilization will be made in the form of a single, lump-sum, non-proratable allowance determined by • the Engineer, and no part thereof will be approved for payment under the Contract until all mobilization items listed above have been completed as specified. • In addition to the requirements specified above, all submittals • shall conform to the applicable requirements of Section 2-5 . 3, "Shop Drawings and Submittals" of the Standard Specifications . I - END OF SECTION - • • I • 1 I • • • • • • • • • • • • VISTA CHINO FLOOD GATES MEASUREMENT AND PAYMENT CITY PROJECT NO. 05-26 SPECIAL PROVISIONS-SECTION 9- PAGE 3 • 1112/06 • • SECTION 10 -- CONSTRUCTION DETAILS 10-1 GENERAL 10-1 .1 Dust Control and Site Cleanup Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the Contractor shall keep the work site clean and free from rubbish and debris . The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods . Materials and equipment shall be removed from the site as soon as they are no longer necessary; and upon completion of the work and before final inspection the entire worksite shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be absorbed in the Contractor' s bid. • Full compensation for all work required in this section shall be considered as included in the lump sum bid price and no additional compensation will be allowed therefore. 1.0-1 .2 RECORD DRAWINGS The Contractor shall keep a complete set of record drawings at the • job site. The Construction Plans shall be legibly marked showing I � each actual item of record construction including: j � 1. Measured depths of elements in relation to fixed datum points. 3 . Measured horizontal and vertical locations of underground utilities and appurtenances with reference to permanent surface improvements . 3. Field changes of dimensions, locations and/or materials with details as required to clearly delineate the modifications . • 4 . Any details not in the original Construction Plans developed by the City throughout construction necessary to clarify or modify • the Construction Plans . The Contractor shall maintain all record information daily and make this information available to the Project Inspector upon • request. The Contractor' s progress payment will not be approved unless project record drawings are current. • VISTA CHINO FLOOD GATES • CITY PROJECT NO.05-26 CONSTRUCTION DETAILS 1/12/06 SPECIAL PROVISIONS-SECTION 10-PAGE i • A 10-1.3 LOCATION OF THE WORK The Work is located on Vista Chino Road at the Whitewater River: West end location: approximately 1288 feet east of Gene Autry Trail centerline. Install, complete and in place, one set of pipe swing gates (2 x 43. 50 feet long) with three (3) demountable post foundations and two (2) demountable posts, and two (2) non- demountable posts and foundations . East end location: approximately 132 feet east of Palm Springs entry sign. Install, complete and in place, one set of pipe swing gates (2 x 35 feet long) with three (3) demountable post foundations and two (2) demountable posts, and two (2) non- demountable posts and foundations . 10-2 TRAFFIC CONTROL 10-2 .1 Maintaining Traffic. - Attention is directed to • Sections 7-10, "Public Convenience and Safety, " of the Standard Specifications. 10-2 .2 Field Operations. -- The Engineer retains the authority to initiate field changes in traffic control to ensure public safety and minimize traffic disruptions . The Contractor shall • maintain all traffic control devices in proper working condition 24 hours a day, 7 days a week for the duration of the Work, regardless of whether the subject traffic control devices were originally included in the Contract or were added at the discretion of the Engineer. All traffic control devices shall be removed from view and non-operational when not in use. 10-2.3 Construction Signing, - Lighting and Barricading -- Construction signing, lighting and barricading shall be provided on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, • lighting and barricading shall be in accordance with State of • California, Department of Transportation, "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) 2003 EDITION AS AMENDED BY MUTCD 2003 CALIFORNIA SUPPLEMENT", or subsequent editions in force at the time of construction. These signs and barricades shall be indicated on and be an integral part of the Traffic Control Plan. 10-2.4 Temporary No Parking Signs. - Temporary No Parking • signs shall be posted at least 24 hours, but no more than 48 hours in advance of the work. The signs shall be placed no more than 100 feet apart on each side of the street and at shorter intervals if conditions warrant. The Contractor shall provide the signs and will be responsible for adding the dates and hours of closure to the signs. Removal of signs and furnishing and placing of VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 CONSTRUCTION DETAILS V12106 SPECIAL PROVISIONS- SECTION 10-PAGE 2 • A barricades, if necessary, for posting of signs will be provided. All signs shall be removed within 24 hours after the effective date. A 10-2 .5 Traffic Disruptions. -- For all road closures, road A detours, lane closures, and all night operations, the Contractor shall obtain written approval from the Engineer a minimum of 2 working days prior to the commencement of the Work. All warning signs shall be manufactured with high intensity faces and legends, A and shall be placed at least 7 calendar days prior to the commencement of construction. All work done on major and secondary thoroughfares shall utilize solar powered flashing arrow • boards, and all signs shall remain in place during nighttime hours. Any of the Contractor' s work that may disrupt normal A traffic signal operation shall be coordinated with the Engineer a minimum of 2 working days prior to the commencement of the Work. 10-2 . 6 Travel Lanes. - In public streets, during working hours, the Contractor shall maintain not less than one lane of • traffic open in each direction at all times . At night and during w non-working hours, the Contractor shall leave the work site in a safe condition and allow for the use of all lanes of traffic. Flaggers shall be utilized to ensure the safe flow of traffic at A intersections and businesses that may be affected. This work shall be included in the lump sum Bid price, and no additional compensation will be allowed therefore. 10-2 .7 Traffic Access and Control. - The Contractor shall provide and maintain all necessary traffic control to protect and guide traffic around all work in the construction zone, including p solar-powered arrow boards . All traffic controls shall be clearly posted with signs prior to the commencement of the Work. All traffic restrictions listed herein shall supplement any other traffic control requirements of the City, and are not intended to replace any part of these requirements . 10-2 . 8 Pedestrians. - The Contractor shall erect signs and . barricades to direct pedestrians through or around the construction zone where required or as directed by the Engineer. 10-2 . 9 Public Safety During Non-Working Hours. - Notwith- standing the Contractor' s primary responsibility for safety at the site of the Work when the Contractor is not present, the Engineer, at his option, after attempting to contact the Contractor, may direct City forces to perform any functions he may deem necessary • to ensure public safety at or in the vicinity of the site of the Work. If such procedures are implemented, the Contractor shall be responsible for all expenses incurred by the City. VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 CONSTRUCTION DETAILS • 1/12/06 SPECIAL PROVISIONS-SECTION 10-PAGE 3 • • • • 1,0-2 .10 Payment - Payment for traffic control shall be considered as included in the lump sum Bid price, and no additional compensation will be allowed therefore. 1.0-3 EARTHWORK 1.0-3.1 Clearing and Grubbing. - All clearing and grubbing • shall conform to Sections 300-1 . 1, 300-1 . 2, and 300-1. 3 of the • Standard Specifications. • Clearing and grubbing shall consist of removing all existing objectionable natural materials in the area of the proposed Work to the satisfaction of the Engineer. Said objectionable materials shall be hauled away and properly disposed of. i • 10-3.1 .1 Existing Facilities . - It shall be the Contractor' s • responsibility to protect all existing improvements not designated for removal, ike The Contractor shall be responsible for any and all damage done to existing property and adjacent properties during all construction • work under this contract, and the Contractor, at its expense, shall make any repairs that result from its operations, to the • approval of the Engineer and the subject property owner. Damaged or removed traffic striping shall be replaced by the Contractor with permanent striping within 24 hours of damage or removal, or replaced with temporary striping at the discretion of • the Engineer. • • 10-3.1 .2 Rights of Way. - The Contractor shall not do any work that would affect any oil, gas, sewer, or water pipeline; any telephone, television, telegraph, or electric transmission line or cable; any fence; or any other structure, nor shall the Contractor enter upon the rights-of-way involved until notified by the • Engineer that the City has secured authority therefor from the proper party. After authority has been obtained, the Contractor shall give said party due notice of its intention to begin work, and shall give said party convenient access and every facility for removing, shoring, supporting, or otherwise protecting such improvements and for _replacing same. • Maintaining in Service: All oil and gasoline pipelines, power, and telephone television, or other communication cable ducts, gas and • water mains, irrigation lines, sewer lines, storm drain lines, poles, and overhead power and communication wires and cables • encountered along the line of the Work shall remain continuously in service during all the operations under the Contract, unless other arrangements satisfactory to the Engineer are made with the owner of said pipelines, duct, main, irrigation line, sewer, storm VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 CONSTRUCTION DETAILS 1112/06 SPECIAL PROVISIONS-SECTION 10- PAGE 4 • N r s drain, pole, or wire or cable. The Contractor shall be • responsible for and shall repair all damage due to its operations, and the provisions of this Section shall not be abated even in the event such damage occurs after backfilling or is not discovered until after completion of the backfilling. 1.0-3 .1.3 Approval of Repairs . - All repairs to damaged S improvements are subject to inspection and approval by an authorized representative of the improvement owner before being concealed by backfill or other work. 10-3 .2 REMOVALS i � 10-3 .2 .1 Disposal Site. - The Contractor shall specify the route I � and the disposal site of the material that is required to be removed and hauled away. The Contractor shall provide this :information at the Pre-Construction Conference. I � i � The Contractor shall not stockpile any removals on any adjacent • lots, with or without the property owner' s approval. 10-3 .2 .2 Asphalt Concrete. Remove sections of asphalt concrete • pavement, located within the right-of-way. The pavement shall be i neatly sawed in straight lines either parallel to the edge of pavement or at right angles to the alignment of the road. • 10-3 .3 UNCLASSIFIED FILL. The Work shall conform to Section 300-4, "Unclassified Fill" of the Standard Specifications and as shown on the plans . Each layer • of earth fill at the gate foundations shall be compacted to a relative compaction of at least 90 percent . • 10-3.4 PAYMENT The cost of clearing and grubbing shall be considered as included in the lump sum Bid price, and no additional compensation will be made therefore. Payment for sawcutting and removals required hereunder shall be considered as included in the lump sum Bid price, and no additional compensation will be allowed therefore. Payment for unclassified fill shall be considered as included in the Contractor' s lump sum Bid price and no additional compensation will be allowed therefore. 10-4 CRUSHED MISCELLANEOUS BASE VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 CONSTRUCTION DETAILS 1/12/06 SPECIAL PROVISIONS- SECTION 10- PAGE 5 • 10-4 .1 Material. All base material shall be crushed miscellaneous base that has been imported to the site. 10-4 .1 .1 Base Material. Base material shall conform to Section A 200-2 . 4 "Crushed Miscellaneous Base" of the Standard • Specifications . 1,0-4.1.2 Payment. - Payment for Crushed Miscellaneous Base shall be considered as included in the lump sum Bid price, and no additional compensation will be allowed therefore. 1.0-5 ASPHALT CONCRETE 10-5.1 Asphalt Concrete Pavement. Asphalt concrete pavement shall be laid in 2 lifts . The first lift shall consist of 2 inches of B-AR4000 asphalt concrete pavement and the second lift I � of 1 inch of D2-AR4000 asphalt concrete pavement . This mixture of asphalt concrete shall be placed on a prepared base. All asphalt concrete pavement construction shall conform to Section 203-6 "Asphalt Concrete" of the Standard Specifications . 10-5 .2 Tack Coat. Tack coat shall be SS-1 h emulsified asphalt and it shall be applied to all clean, existing asphalt areas prior • to overlaying with new asphalt concrete. 10-5 .3 Asphalt Concrete Placement. Application of asphalt concrete shall conform to Section 302-5. 5 "Distribution and Spreading" and Section 302-5 . 6 "Rolling" of the Standard Specifications, unless otherwise approved by the Engineer. The �I Contractor may propose alternate method of distribution and spreading of asphalt concrete which will provide required compaction. 10-5.4 Payment. The cost of Asphalt Concrete shall be paid under the lump sum Bid price, and no additional compensation will be made therefore. ® Payment for asphalt concrete shall include full compensation for ® construction of asphalt concrete including all material, labor, plant, equipment, furnishing all transportation, hauling, ® spreading, compacting, and protecting, complete in place, [and preparation of subgrade] and tack coat, in accordance with the standard specifications and these special provisions . 0 . 10-6 PORTLAND CEMENT CONCRETE 10-6.1 Gate Foundation. Construction of new foundations for the pipe swing gates shall conform to the drawing No. 2 and 4 . The foundations shall be located as shown on the plans and as directed VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 CONSTRUCTION DETAILS 1/12106 SPECIAL PROVISIONS.SECTION 10- PAGE 6 • by the Engineer. Portland Cement Concrete of type 560-C-3250 (6 Sack) shall be used for construction. It is the Contractor' s responsibility to survey the existing ground elevation and adjust the top of each flood gate foundation accordingly, such that the flood gate can swing open and shut level (not skewed or at odd angles) , in accordance with Drawing No. 2 . All foundations for each gate shall be at the same approximate elevation. Payment for construction of concrete foundations shall be considered as included in the lump sum Bid price and shall constitute full compensation for P. C.C. foundations complete in place as shown on the plans, as specified in the standard specifications and in these special provisions and as directed by the Engineer. 10-7 STRIPING AND PAVEMENT MARKERS 10-7 . 1 Striping and Pavement Markers - Whenever the Contractor' s operations obliterate pavement delineation (painted lines, raised pavement markers, painted markings, or legends) , such pavement delineation shall be replaced in kind by the Contractor by permanent delineation before opening the traveled way to public traffic Full compensation for pavement delineation shall be considered as included in the lump sum Bid price in the Bid Schedule and no ® additional compensation will be allowed therefore. 10-8 SWING GATES 10-8 .1 MATERIALS. The pipe swing gates shall be fabricated from commercial quality, or better, weldable steel. All materials shall be protected by galvanizing. The materials shall meet the requirements of Section 80-4 "Chain Link Fence" of the State of California, Department of Transportation Standard Specifications, 1992 edition. All metal surfaces shall be finish-treated with Permeon, or other approved surfacing material, such that the galvanized metal surfaces appear "weathered" and earth-tone in color. The Contractor shall provide approved product specifications at the pre-construction meeting, and shall test the product prior to treating the pipe swing gate metal surfaces. The gates shall be manufactured as shown in the Project Drawing No. 4, and shall swing free of all adjacent obstructions encountered at the project locations from an open and closed position. VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 CONSTRUCTION DETAILS 1/'12/06 SPECIAL PROVISIONS-SECTION 10- PAGE 7 • • • • • The "Road Closed" signs installed on each swing gate shall be a type of metal sign constructed to fold closed by means of a hinged • joint, such that the sign cannot be read by traffic when folded. • The signs shall include a latch suitable for fixing the sign in a • folded closed position. • All costs for construction and installation of pipe swing gates, • i-ncluding all materials (galvanized steel pipe, sheet metal, traffic signs, monument frame and cover, concrete foundations, • galvanized chain, and various items as shown in the detail • drawings) , finish treatment with Permeon or other approved • product, required welding and all appurtenant work as shown on the plans, as specified in the standard specifications and in these • ;>pecial provisions and as directed by the Engineer, shall be • included as part of the lump sum Bid price in the bid Schedule and ino additional compensation will be allowed therefore. • - END OF SECTION • • • • • • • • • • • • • • • • VISTA CHINO FLOOD GATES • CITY PROJECT NO.05-26 CONSTRUCTION DETAILS 1112106 SPECIAL PROVISIONS-SECTION 10- PAGE 8 • • • • • • • CITY OF PALM SPRINGS • • PUBLIC WORKS AND ENGINEERING DEPARTMENT • • • • • PART III - APPENDIX • • • VISTA CHINO FLOOD GATES • CITY PROJECT NO. 05-26 • • Federal Prevailing Wage Rates • Project Drawings: • • 1. Vicinity Map • 2. Vista Chino Flood Gates - Gate Locations and Road Sections 3. Vista Chino Flood Gates - Flood Gate Locations • 4. Vista Chino Flood Gates - Double Pipe Swing Gate • • • • • • • • • • • • • VISTA CHINO FLOOD GATES • CITY PROJECT NO.05-26 CONTENTS 1/12/06 PART III • • • ATTACHMENT A • SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS • GENERAL.The work herein proposed will be financed in • whole or in part with Federal funds, and therefore all of the statutes, rules and regulations promulgated by the Federal Gov- (This form need not be filled in if all joint venture firms are • emment and applicable to work financed in whole or in part with DBE owned.) Federal funds will apply to such work. The "Required Contract • Provisions, Federal-Aid Construction Contracts, "Form FHWA 1273, are included in this Section 14. Whenever in said required 1.Name ofjoint venture • contract provisions references are made to "SHA contracting officer," "SHA resident engineer," or "authorized representative • of the SHA," such references shall be construed to mean "Engineer" as defined in Section 1-1.18 of the Standard 2.Address ofjoint venture • Specifications. • ]PERFORMANCE OF PREVIOUS CONTRACT.—In ad- dition to the provisions in Section II, "Nondiscrimination," and 3.Phone number ofjoint venture • Section VII, "Subletting or Assigning the Contract," of the re- quired contract provisions, the Contractor shall comply with the • following: 4.Identify the firms which comprise the joint venture. (The • The bidder shall execute the CERTIFICATION WITH RE- GARD TO THE PERFORMANCE OF PREVIOUS CON- DBE partner must complete Schedule A.) • TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF • REQUIRED REPORTS located in the proposal. No request for subletting or assigning any portion of the contract in excess • of$10,000 will be considered under the provisions of Section VII of the required contract provisions unless such request is a. Describe the role of the DBE firm in thejoint venture. • accompanied by the CERTIFICATION referred to above, executed by the proposed subcontractor. • NON-COLLUSION PROVISION.—The provisions in this b.Describe very briefly the experience and business • section are applicable to all contracts except contracts for Federal Aid Secondary projects. qualifications of each non-DBE joint venturer: • Title 23, United States Code, Section 112,requires as a condi- tion precedent to approval by the Federal Highway Administrator • , of the contract for this work that each bidder file a sworn statement executed by, or on behalf of, the person, firm, associ- ation, or corporation to whom such contract is to be awarded, certifying that such person, firm, association, or corporation has 5.Nature of the joint venture's business • not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in • restraint of free competitive bidding in connection with the submitted bid. A form to make the non-collusion affidavit 6.Provide a copy of the joint venture agreement. • statement required by Section 112 as a certification under penalty • of pequry rather than as a swom statement as permitted by 28, 7.What is the claimed percentage of DBE ownership? USC,Sec. 1746,is included in the proposal. • PARTICIPATION BY DISADVANTAGED BUSINESS 8.Ownership ofjoint venture: (This need not be filled in if • ENTERPRISES IN SUBCONTRACTING.—Part 26, Title 49, described in the joint venture agreement,provided by question 6.). Code of Federal Regulations applies to this Federal-aid project. • Pertinent sections of said Code are incorporated in part or in its entirety within other sections of these special provisions. Schedule BInformation for Determining Joint Venture Eli- gibility • Revised 3-95 • 09-07-95 • • � • rR-1 VISTA CHINO FLOOD GATES SPECIAL PROVISIONS j • CITY PROJECT NO.05-26 FEDERAL REQUIREMENTS • 12/21/05 SECTION 14-PAGE 1 • • i i ia.Profit and loss sharing. b.Capital contributions,including equipment. Name of Firm Name of Firm i c.Other applicable ownership interests. i ....................... ............................................................................ 9.Control of and participation in this contract. Identify by Signature Signature iname, race, sex, and "firm' those individuals (and their titles) who are responsible for day-to-day management and policy ...................................................................................................... idecision making,including,but not limited to,those with prime Name Name ! responsibility for: ...................................................................................................... I i Title Title ia.Financial decisions ...................................................................................................... i Date Date ' • b.Management decisions,such as: j Date 1.Estimating State of County of i2.Marketing and sales iOn this day of 19 before me i3.Hiring and firing of management personnel _ appeared (Name) ,to me personally known, iwho, being duly swom, did execute the foregoing affidavit, and 4.Purchasing of major items or supplies did state that he or she was properly authorized by (Name of ifirm) to execute the affidavit and lidid so as his or her free act and deed. i c.Supervision of field operations Notary Public iCommission expires iNote.—If, after filing this Schedule B and before the comple- tion of the joint venture's work on the contract covered by this [Seal] iregulation, there is any significant change in the information submitted, the joint venture must inform the grantee, either di- Date irectly or through the prime contractor if the joint venture is a subcontractor. State of i Afladavit County of i "The undersigned swear that the foregoing statements are cor- On this _ day of 19 before me irect and include all material information necessary to identify and explain the terms and operation of our joint venture and the appeared (Name) to me personally known, • intended participation by each joint venturer in the undertaking. Further,the undersigned covenant and agree to provide to grantee who, being duly sworn, did execute the foregoing affidavit, and icurrent, complete and accurate information regarding actual joint venture work and the payment therefor and any proposed changes did state that he or she was properly authorized by(Name of firm) iin any of the joint venture arrangements and to permit the audit and examination of the books, records and files of the joint to execute the affidavit and did iventure, or those of each joint venturer relevant to the joint venture, by authorized representatives of the grantee or the so as his or her free act and deed. iFederal funding agency. Any material misrepresentation will be grounds for terminating any contract which may be awarded and Notary Public ifor initiating action under Federal or State laws concerning false statements." Commission expires i Seal] Revised 3-95 i 08-07-95 • • • FR-2 i VISTA CHINO FLOOD GATES SPECIAL PROVISIONS CITY PROJECT NO.05-26 FEDERAL REQUIREMENTS i 12/21/05 SECTION 14-PAGE 2 • • REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS (Exclusive of Appalachian Contracts) N _ any of its subcontractors)and the contracting agency,the DOL,or Page the contractor's employees or their representatives. • I. General ....................................................................... 3 6.Selection of Labor: During the performance of this it. Nondiscrimination ..................................................... 3 contract,the contractor shall not: III. Nonsegregated Facilities ............................................ 5 IV. Payment of Predetermined Minimum Wage .............. 6 a.discriminate against labor from any other State, posses- V. Statements and Payrolls ..........................""""""""" 8 sion, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as VI. Record of Materials,Supplies,and Labor.................. 9 specified in Attachment A),or VII. Subletting or Assigning the Contract ......................... 9 VIII. Safety: Accident Prevention...................................... 10 b.employ convict labor for any purpose within the limits of IX. False Statements Concerning Highway Project........... 10 the project unless it is labor performed by convicts who are on X. Implementation of Clean Air Act and Federal Water parole,supervised release,or probation. Pollution Control Act.................................................. 10 It. NONDISCRIMINATION XI. Certification Regarding Debarment,Suspension, Ineligibility,and Voluntary Exclusion ...................... 1 I (Applicable to all Federal-aid construction contracts and to all XII. Certification Regarding Use of Contract Funds for related subcontracts of$10,000 or more.) Lobbying .................................................................... 12 1.Equal Employment Opportunity: Equal employment ATTACHMENTS opportunity (EEO) requirements not to discriminate and to take 4 affirmative action to assure equal opportunity as set forth under A.Employment Preference for Appalachian Contracts laws, executive orders, rules, regulations (28 CFR 35, • (included in Appalachian contracts only) 29 CFR 1630, and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and im- 1. GENERAL posed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project • I.These contract provisions shall apply to all work performed activities under this contract. The Equal Opportunity Construe- on the contract by the contractor's own organization and with the tion Contract Specifications set forth under 41 CFR 60-4.3 and assistance of workers under the contractor's immediate the provisions of the American Disabilities Act of 1990 superintendence and to all work performed on the contract by (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and piecework,station work,or by subcontract. 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply 2.Except as otherwise provided for in each section, the con- with the following minimum specific requirement activities of tractor shall insert in each subcontract all of the stipulations EEO: contained in these Required Contract Provisions, and further re- quire their inclusion in any lower tier subcontract or purchase a.The contractor will work with the State highway agency order that may in turn be made. The Required Contract Provi- (SHA) and the Federal Government in carrying out EEO obii- sions shall not be incorporated by reference in any case. The gations and in their review of his/her activities under the con- prime contractor shall be responsible for compliance by any tract. subcontractor or lower tier subcontractor with these Required Contract Provisions. b.The contractor will accept as his operating policy the following statement: 3.A breach of any of the stipulations contained in these Re- quired Contract Provisions shall be sufficient grounds for tetmi- "It is the policy of this Company to assure that applicants are nation of the contract. employed, and that employees are treated during employment, without regard to their race, religion,sex, color, national origin, 4.A breach of the following clauses of the Required Contract age or disability. Such action shall include: employment, I • Provisions may also be grounds for debarment as provided in upgrading, demotion, or transfer;recruitment or recruitment ad- 29 CFR 5.12: vertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentice- Section I,paragraph 2; ship,preapprenticeship, and/or on-the-job training.' Section IV,paragraphs 1,2,3,4,and 7; Section V,paragraphs I and 2a through 2g. 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will 5.Disputes arising out of the labor standards provisions of have the responsibility for and must be capable of effectively Section IV(except paragraph 5)and Section V of these Required Contract Provisions shall not be subject to the general disputes corm tz73—Rev -95 08-07 clause of this contract. Such disputes shall be resolved in accor- dance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5,6, and 7. Disputes within the . meaning of this clause include disputes between the contractor(or FR-3 VISTA CHINO FLOODGATES SPECIAL PROVISIONS CITY PROJECT NO.05-26 FEDERAL REQUIREMENTS 12/21/05 SECTION 14-PAGE 3 • administering and promoting an active contractor program of personnel actions of every type, including hiring, upgrading, EEO and who must be assigned adequate authority and responsi- promotion, transfer, demotion, layoff, and termination, shall be bility to do so. taken without regard to race, color,religion, sex, national origin, age or disability. The following procedures shall be followed: 3 Dissemination of Policy: All members of the contractor's • staff who are authorized to hire, supervise, promote, and a.The contractor will conduct periodic inspections of project discharge employees,or who recommend such action,or who are sites to ensure that working conditions and employee facilities substantially involved in such action,will be made fully cognizant do not indicate discriminatory treatment of project site of, and will implement, the contractor's EEO policy and personnel. contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement b.The contractor will periodically evaluate the spread of will be met,the following actions will be taken as a minimum: wages paid within each classification to determine any evi- dence of discriminatory wage practices. a.Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then c.The contractor will periodically review selected personnel not less often than once every six months, at which time the actions in depth to determine whether there is evidence of contractor's EEO policy and its implementation will be re- discrimination. Where evidence is found, the contractor will viewed and explained. The meetings will be conducted by the promptly take corrective action. If the review indicates that the EEO Officer. discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. b.All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering d,The contractor will promptly investigate all complaints of all major aspects of the contractor's EEO obligations within alleged discrimination made to the contractor in connection thirty days following their reporting for duty with the with his obligations under this contract,will attempt to resolve contractor. such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the c.All personnel who are engaged in direct recruitment for discrimination may affect persons other than the complainant, the project will be instructed by the EEO Officer in the con- such corrective action shall include such other persons. Upon 6actor's procedures for locating and hiring minority group completion of each investigation, the contractor will inform employees. every complainant of all of his avenues of appeal. i d.Notices and posters setting forth the contractor's EEO 6.Training and Promotion: policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. a.The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, e.The contractor's EEO policy and the procedures to im- and applicants for employment. '• plement such policy will be brought to the attention of em- ployees by means of meetings, employee handbooks, or other b.Consistent with the contractor's work force requirements i ! appropriate means. and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., 4.Recruitment: When advertising for employees, the apprenticeship, and on-the-job training programs for the e i PP P, J $ P $r $ - I contractor will include in all advertisements for employees the ographical area of contract performance. Where feasible, 25 notation: "An Equal Opportunity Employer." All such adver- percent of apprentices or trainees in each occupation shall be in I tisements will be placed in publications having a large circulation their first year of apprenticeship or training. In the event a it 0 among minority groups in the area from which the project work special provision for training is provided under this contract, ! force would normally be derived. this subparagraph will be su superseded as indicated in the special iP P i '! a.The contractor will,unless precluded by a valid bargaining Provision. agreement, conduct systematic and direct recruitment through c.The contractor will advise employees and applicants for i public and private employee referral sources likely to yield employment of available training programs and entrance re- qualified qualified minority group applicants. To meet this requirement, quirements for each. the contractor will identify sources of potential minority group i employees, and establish with such identified sources d.The contractor will periodically review the training and procedures whereby minority group applicants may be referred promotion potential of minority group and women employees 0 to the contractor for employment consideration. and will encourage eligible employees to apply for such training and promotion. b.In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with Form 1273—Revised 3-95 EEO contract provisions. (The DOE has held that where 08-07-95 implementation of such agreements have the effect of dis- criminating against minorities or women, or obligates the contractor to do the same, such implementation violates Ex- 0 ecutive.Order 11246,as amended.) 0 c.The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5.Personnel Actions: Wages, working conditions, and iemployee benefits shall be established and administered, and FR-4 VISTA CHINO FLOOD GATES SPECIAL PROVISIONS CITY PROJECT NO,05-26 FEDERAL REQUIREMENTS 0 12/21/05 SECTION 14-PAGE 4 7.Unions: if the contractor relies in whole or in part upon available at reasonable times and places for inspection by au- unions as a source of employees, the contractor will use his/her thorized representatives of the SHA and the FHWA. best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, a.The records kept by the contractor shall document the and to effect referrals by such unions of minority and female following; employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the (1)The number of minority and non-minority group procedures set forth below: members and women employed in each work classification on the project; a.The contractor will use best efforts to develop, in coop- eration with the unions,joint training programs aimed toward (2)The progress and efforts being made in cooperation qualifying more minority group members and women for with unions, when applicable, to increase employment op- membership in the unions and increasing the skills of minority portunities for minorities and women; group employees and women so that they may qualify for higher paying employment. (3)The progress and efforts being made in locating, hir- ing, training, qualifying, and upgrading minority and female b.The contractor will use best efforts to incorporate an EEO employees;and clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard (4)The progress and efforts being made in securing the to their race, color, religion, sex, national origin, age or services of DBE subcontractors or subcontractors with disability. meaningful minority and female representation among their • a The contractor is to obtain information as to the referral employees. practices and policies of the labor union except that to the ex- b.The contractors will submit an annual report to the SHA tent such information is within the exclusive possession of the each July for the duration of the project,indicating the number labor union and such labor union refuses to furnish such of minority, women, and non-minority group employees information to the contractor, the contractor shall so certify to currently engaged in each work classification required by the the SHA and shall set forth what efforts have been made to contract work. This information is to be reported on Form obtain such information. FHWA-1391. If on-the-job training is being required by spe- cial provision, the contractor will be required to collect and d. In the event the union is unable to provide the contractor report training data. with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, III NONSEGREGATED FACILITIES the contractor will,through independent recruitment efforts,fill the employment vacancies without regard to race, color, (Applicable to all Federal-aid construction contracts and to all religion, sex, national origin, age or disability; making full related subcontracts of$10,000 or more.) efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no a.By submission of this bid,the execution of this contract or excuse that the union with which the contractor has a collective subcontract, or the consummation of this material supply bargaining agreement providing for exclusive referral failed to agreement or purchase order, as appropriate, the bidder, refer minority employees.) In the event the union referral prac- Federal-aid construction contractor, subcontractor, material i tice prevents the contractor from meeting the obligations supplier, or vendor, as appropriate, certifies that the firm does pursuant to Executive Order 11246, as amended, and these not maintain or provide for its employees any segregated special provisions,such contractor shall immediately notify the facilities at any of its establishments,and that the firm does not ISHA. permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. 8.Selection of Subcontractors, Procurement of Materials The firm agrees that a breach of this certification is a violation t and Leasing of Equipment: The contractor shall not of the EEO provisions of this contract. The firm further discriminate on the grounds of race, color,religion, sex, national certifies that no employee will be denied access to adequate origin, age or disability in the selection and retention of facilities on the basis of sex or disability. i • subcontractors, including procurement of materials and leases of equipment. b.As used in this certification, the term "segregated facili- a.The contractor shall notify all potential subcontractors and ties" means any waiting rooms, work areas, restrooms and • suppliers of his/her EEO obligations under this contract. washrooms, restaurants and other eating areas, time clocks, locker rooms,and other storage or dressing areas,parking lots, • drinking fountains, recreation or entertainment areas, b.Disadvantaged business enterprises (DBE), as defined in transportation, and housing facilities provided for employees • which are segregated by explicit direction, or are, in fact, seg- 49 CFR 26, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant or disability, on the basis of race,color,religion,national origin,age tto this contract. The contractor will use his best efforts to or disability,because f habit,local custom,or otherwise. The solicit bids from and to utilize DBE subcontractors or sub- only exception will beo for the disabled when the demands for • accessibility override(e.g.disabled parking). contractors with meaningful minority group and female repre- sentation among their employees. Contractors shall obtain lists • of DBE construction firers from SHA personnel. • Form 1273—Revised 3-95 c.The contractor will use his best efforts to ensure subcon- 08-07-95 • tractor compliance with their EEO obligations. 9.Records and Reports: The contractor shall keep such • records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be FR-5 • VISTA CHINO FLOOD GATES SPECIAL PROVISIONS CITY PROJECT NO.05-26 FEDERAL REQUIREMENTS • 12/21/05 SECTION 14-PAGE 5 • c.The contractor agrees that it has obtained or will obtain 2.Classification: identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of a.The SHA contracting officer shall require that any class of material supply agreements of$10,000 or more and that it will laborers or mechanics employed under the contract, which is retain such certifications in its files. not listed in the wage determination, shall be classified in IV. PAYMENT OF PREDETERMINED MINIMUM conformance with the wage determination. WAGE b.The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the • (Applicable to all Federal-aid construction contracts exceeding following criteria have been met: $2,000 and to all related subcontracts, except for projects located • on roadways classified as local roads or rural minor collectors, (1)the work to be performed by the additional classifi- which are exempt.) cation requested is not performed by a classification in the • wage determination; 1.General: . (2)the additional classification is utilized in the area by a.All mechanics and laborers employed or working upon the the construction industry; • site of the work will be paid unconditionally and not less often (3)the proposed wage rate,including any bona fide fringe than once a week and without subsequent deduction or rebate benefits, bears a reasonable relationship to the wage rates on any account (except such payroll deductions as are contained in the wage determination;and permitted by regulations(29 CFR 3)]issued by the Secretary of Labor under the Copeland Act (40 U.S.C.276c) the full (4)with respect to helpers, when such a classification amounts of wages and bona fide fringe benefits (or cash prevails in the area in which the work is performed. equivalents thereof)due at time of payment. The payment shall be computed at wage rates not less than those contained in the c.If the contractor or subcontractors, as appropriate, the • wage determination of the Secretary of Labor(hereinafter"the laborers and mechanics(if known)to be employed in the addi- wage determination")which is attached hereto and made a part tional classification or their representatives,and the contracting hereof,regardless of any contractual relationship which may be officer agree on the classification and wage rate(including the alleged to exist between the contractor or its subcontractors and amount designated for fringe benefits where appropriate), a Ssuch laborers and mechanics. The wage determination report of the action taken shall be sent by the contracting (including any additional classifications and wage rates officer to the DOL, Administrator of the Wage and Hour • conformed under paragraph 2 of this Section IV and the DOL Division, Employment Standards Administration, Washington, poster(WH-I321)or Form FHWA-1495)shall be posted at all D.C. 20210. The Wage and Hour Administrator, or an times by the contractor and its subcontractors at the site of the will work in a prominent and accessible place where it can be easily authorized representative, approve,modify, or disapprove seen by the workers. For the purpose of this Section, every additional classification action within 30 days of receipt contributions made or costs reasonably anticipated for bona and so advise the contracting officer or will notify the fide fringe benefits under Section l(b)(2) of the Davis-Bacon contracting officer within the 30-day period that additional time Act (40 U.S.C.276a) on behalf of laborers or mechanics are is necessary. considered wages paid to such laborers or mechanics,subject to d.In the event the contractor or subcontractors, as appro- the provisions of Section IV, paragraph 3b, hereof. Also, for priate, the laborers or mechanics to be employed in the addi- the purpose of this Section,regular contributions made or costs tional classification or their representatives,and the contracting incurred for more than a weekly period(but not less often than officer do not agree on the proposed classification and wage quarterly) under plans, funds, or programs, which cover the rate(including the amount designated for fringe benefits,where • particular weekly period,are deemed to be constructively made appropriate), the contracting officer shall refer the questions, or incurred during such weekly period. Such laborers and me- including the views of all interested parties and the chanics shall be paid the appropriate wage rate and fringe recommendation of the contracting officer, to the Wage and benefits on the wage determination for the classification of work actually performed, without regard to skill, except as Hour Administrator for determination. Said Administrator, or t , provided in paragraphs 4 and 5 of this Section IV. an authorized representative,will issue a determination within ' 30 days of receipt and so advise the contracting officer or will t b.Laborers or mechanics performing work in more than one notify the contracting officer within the 30-day period that • additional time is necessary classification may be compensated at the rate specified for each • classification for the time actually worked therein, provided, e.The wage rate(including fringe benefits where appropri- that the employer's payroll records accurately set forth the time ate) determined pursuant to paragraph 2c or 2d of this Section spent in each classification in which work is performed. IV shall be paid to all workers performing work in the addi- c.All rulings and interpretations of the Davis-Bacon Act and donal classification from the first day on which work is per- related acts contained in 29 CFR 1,3,and 5 are herein formed in the classification. • incorporated by reference in this contract. 3.Payment of Fringe Benefits: • a.Whenever the minimum wage rate prescribed in the con- tract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate,the contractor • or subcontractors,as appropriate,shall either pay the benefit • Farm 1273—Revised 3-95 09-07-95 FR-6 • VISTA CHINO FLOOD GATES SPECIAL PROVISIONS CITY PROJECT NO.05-26 FEDERAL REQUIREMENTS ' • 12/21/05 SECTION 14-PAGE 6 • Y as stated in the wage determination or shall pay another bona (4)In the event the Bureau of Apprenticeship and Train- fide fringe benefit or an hourly case equivalent thereof mg, or a State apprenticeship agency recognized by the Bu- reau, withdraws approval of an apprenticeship program, the b. If the contractor or subcontractor,as appropriate,does not contractor or subcontractor will no longer be permitted to make payments to a trustee or other third person, he/she may utilize apprentices at less than the applicable predetermined consider as a part of the wages of any laborer or mechanic the rate for the comparable work performed by regular amount of any costs reasonably anticipated in providing bona employees until an acceptable program is approved. fide fringe benefits under a plan or program,provided,that the Secretary of Labor has found, upon the written request of the b.Trainees: contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the (1e Except as provided in than CFR predetermined trainees will not . eP be permitted to work at less than the predetermined rate for meeting of obligations under the plan or program. the work performed unless they are employed pursuant to and individually registered in a program which has received • 4.Apprentices and Trainees(Programs of the U.S.DOL) prior approval, evidenced by formal certification by the • and Helpers: DOL,Employment and Training Administration. • a.Apprentices: (2)The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan i (1)Apprentices will be permitted to work at less than the approved by the Employment and Training Administration. predetermined rate for the work they performed when they Any employee listed on the payroll at a trainee rate who is are employed pursuant to and individually registered in a not registered and participating in training plan approved • bona fide apprenticeship program registered with the DOL, by the Employment and Training Administration shall be paid not less than the applicable wage rate on the actually the wage Employment and Training Administration, Bureau of determination for the classification of work Apprenticeship and Training, or with a State apprenticeship S agency recognized by the Bureau,or if a person is employed Performed. In addition, any trainee permitted performing work on the in his/her first 90 days of probationary employment as an Job site in excess paid the ratio permitted under the registered • apprentice in such an apprenticeship program, who is not program shall to paid not less than the applicable wage rate individually registered in the program, but who has been on the wage determination for the work actually performed. icertified by the Bureau of Apprenticeship and Training or a (3)Every trainee must be paid at not less than the rate State apprenticeship agency (where appropriate) to be specified in the approved program for his/her level of • eligible for probationary employment as an apprentice. progress, expressed as a percentage of the joumeyman-level allowable ratio of apprentices to journeyman-level hourly rate specified in the applicable wage determination. (2)The a employees the job site in any craft classification shall not Trainees shall be paid fringe benefits in accordance with the • be greater than the ratio permitted to the contractor as to the Provisions the trainee program. If the trainee program does a mention entire work force under the registered program. Any tion fringe benefits, trainees shall be paid the employee listed on a payroll at an apprentice wage rate,who full amount of fringe benefits listed the wage th determination unless the Administrator e Wage and an th is not registered or otherwise employed as stated above,shall Hour Division determines that there is an apprenticeship the paid not less than the applicable wage rate listed in the program associated with the correspondingjoumeymm-level wage determination for the classification of work actually wage rate on the wage determination which provides for less performed. In addition, any apprentice performing work on than full fringe benefits for apprentices, in which case such the job site in excess of the ratio permitted under the trainees shall receive the same fringe benefits as apprentices. registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually (4)In the event the Employment and Training Adminis- performed. Where a contractor or subcontractor is tration withdraws approval of a training program, the con- performing construction on a project in a locality other than tractor or subcontractor will no longer be permitted to utilize that in which its program is registered, the ratios and wage trainees at less than the applicable predetermined rate for the rates (expressed in percentages of the journeyman-level work performed until an acceptable program is approved. hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. c.Helpers: (3)Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level flelpers will be permitted to work on a project if the helper classification is specified of progress, expressed as a percentage of the journeyman- and defined on the applicable wage determination or is approved pursuant to the con- level hourly rate specified in the applicable wage formance procedure set forth in Section 1V.2. Any worker listed on a payroll at a determination. Apprentices shall be paid fringe benefits in helper wage mile,who is not a helper under an approved definition,shall be paid not accordance WIIh the COVIsiOPS Of the apprenticeship r0- less than the applicable wage rate on the wage determination for the classification of P pP p P work actually performed. gram. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe Form 1273—Rcvrsed 3-95 benefits listed on the wage determination for the applicable 08-07-95 classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. FR-7 VISTA,CHINO FLOOD GATES SPECIAL PROVISIONS CITY PROJECT NO.05-26 FEDERAL REQUIREMENTS 12/21/05 SECTION 14-PAGE 7 5.Apprentices and Trainees(Programs of the U.S.DOT): satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause Apprentices and trainees working under apprenticeship and set forth in paragraph S above. skill training programs which have been certified by the Secretary V. STATEMENTS AND PAYROLLS of Transportation as promoting EEO in connection with Federal- aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time (Applicable to all Federal-aid construction contracts exceeding hourly wage rates for apprentices and trainees under such $2,000 and to all related subcontracts,except for projects located programs will be established by the particular programs. The on roadways classified as local roads or rural collectors,which are ratio of apprentices and trainees to journeymen shall not be exempt.) i greater than permitted by the terms of the particular program. 1.Compliance with Copeland Regulations(29 CPR 3): 6.Withholding: The contractor shall comply with the Copeland Regulations of The 514A shall upon its own action or upon written request of the Secretary of Labor which are herein incorporated by refer- an authorized representative of the DOL withhold,or cause to be ence. withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or 2.Payrolls and Payroll Records: any other federally-assisted contract' subject to Davis-Bacon prevailing wage requirements which is held by the same prime a.Payrolls and basic records relating thereto shall be contractor, as much of the accrued payments or advances as may maintained by the contractor and each subcontractor during the Ir be considered necessary to pay laborers and mechanics,including course of the work and preserved for a period of 3 years from apprentices, trainees, and helpers, employed by the contractor or the date of completion of the contract for all laborers, any subcontractor the full amount of wages required by the mechanics, apprentices, trainees, watchmen, helpers, and contract. In the event of failure to pay any laborer or mechanic, guards working at the site of the work. including any apprentice, trainee, or helper,employed or working on the site of the work, all or part of the wages required by the b.The payroll records shall contain the name,social security contract, the SHA contracting officer may, after written notice to number,and address of each such employee;his or her correct the contractor, take such action as may be necessary to cause the classification; hourly rates of wages paid (including rates of suspension of any further payment, advance, or guarantee of contributions or costs anticipated for bona fide fringe benefits funds until such violations have ceased. or cash equivalent thereof the types described in Section l(b)(2)(13) of the Davis Bacon Act); daily and weekly number 7.Overtime Requirements: of hours worked; deductions made, and actual wages paid. In addition, for Appalachian contracts, the payroll records shall No contractor or subcontractor contracting for any part of the contain a notation indicating whether the employee does, or contract work which may require or involve the employment of does not, normally reside to the labor area as defined in laborers,mechanics, watchmen, or guards(including apprentices, Attachment A,paragraph 1. Whenever the Secretary of Labor, trainees,and helpers described in paragraphs 4 and 5 above)shall pursuant to Section IV,paragraph 3b,has found that the wages require or permit any laborer, mechanic, watchman, or guard in of any laborer or mechanic include the amount of any costs any workweek in which he/she is employed on such work, to reasonably anticipated in providing benefits under a plan or work in excess of 40 hours in such workweek unless such laborer, program described in Section l(b)(2)(B) of the Davis Bacon mechanic,watchman,or guard receives compensation at a rate not Act, the contractor and each subcontractor shall maintain less than one-and-one-half times his/her basic rate of pay for all records which show that the commitment to provide such hours worked in excess of 40 hours in such workweek. benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated 8.Violation: in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices Liability for Unpaid Wages;Liquidated Damages: In the event or trainees under approved programs shall maintain written of any violation of the clause set forth in paragraph 7 above,the evidence of the registration of apprentices and trainees, and contractor and any subcontractor responsible thereof shall be ratios and wage rates prescribed in the applicable programs. liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the _ District of Columbia or a territory, to such District or to such Fom1273—Revised 3-95 territory) for liquidated damages. Such liquidated damages shall 08-07-95 be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of$10 for each calendar day on which -1 such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime -i wages required by the clause set forth in paragraph 7. 9.Withholding for Unpaid Wages a:d Liquidated Damages: The SHA shall upon its own action or upon written request of _ any authorized representative of the DOL withhold,or cause to be withheld, from any moneys payable on account of work per- formed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be necessary to FR-S VISTA CHINO FLOOD GATES SPECIAL PROVISIONS CITY PR03ECT NO,05-26 FEDERAL REQUIREMENTS 12/21/05 SECTION 14-PAGE 8 c.Each ccntractor and subcontractor shall famish,each week construction cost for roadway and bridge is less than $1,000,000 in which any contract work is performed, to the SHA resident (23 CFR 635)the contractor shall: engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in a.Become familiar with the list of specific materials and Section IV,paragraphs 4 and 5, and watchmen and guards en- supplies contained in Form FHWA-47,"Statement of Materials gaged on work during the preceding weekly payroll period). and Labor Used by Contractor of Highway Construction The payroll submitted shall set out accurately and completely Involving Federal Funds,"prior to the commencement of work all of the information required to be maintained under para- under this contract. graph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for b.Maintain a record of the total cost of all materials and this purpose and may be purchased from the Superintendent of supplies purchased for and incorporated in the work, and also Documents (Federal stock number 029-005-0014-1), U.S. of the quantities of those specific materials and supplies listed Government Printing Office, Washington, D.C. 20402. The on Form FHWA-47, and in the units shown on Form FHWA- prime contractor is responsible for the submission of copies of 47. Ypayrolls by all subcontractors. c.Furnish,upon the completion of the contract, to the SHA d.Each payroll submitted shall be accompanied by a resident engineer on Form FHWA-47 together with the data "Statement of Compliance," signed by the contractor or sub- required in paragraph lb relative to materials and supplies, a • contractor or his/her agent who pays or supervises the payment final labor summary of all contract work indicating the total ofthe persons employed under the contract and shall certify the hours worked and the total amount earned. following: 2.At the prime contractor's option, either a single report • (1)that the payroll for the payroll period contains the covering all contract work or separate reports for the contractor information required to be maintained under paragraph 2b of and for each subcontract shall be submitted. • this Section V and that such information is correct and complete; • VII. SUBLETTING OR ASSIGNING THE CONTRACT • (2)that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the 1.The contractor shall perform with its own organization payroll period has been paid the full weekly wages earned, contract work amounting to not less than 30 percent(or a greater without rebate, either directly or indirectly, and that no percentage if specified elsewhere in the contract) of the total deductions have been made either directly or indirectly from original contract price, excluding any specialty items designated the full wages earned, other than permissible deductions as by the State. Specialty items may be performed by subcontract set forth in the Regulations,29 CFR 3; and the amount of any such specialty items performed may be deducted from the total original contract price before computing (3)that each laborer or mechanic has been paid not less the amount of work required to be performed by the contractor's . that the applicable wage rate and fringe benefits or cash own organization(23 CFR 635). equivalent for the classification of worked performed, as • specified in the applicable wage determination incorporated a."Its own organization" shall be construed to include only into the contract. workers employed and paid directly by the prime contractor • and equipment owned or rented by the prime contractor, with e.The weekly submission of a properly executed cer ifica- or without operators. Such tern does not include employees or lion set forth on the reverse side of Optional Form WH-347 equipment of a subcontractor, assignee, or agent of the prime shall satisfy the requirement for submission of the "Statement contractor. • of Compliance"required by paragraph 2d of this Section V. b."Specialty Items" shall be construed to be limited to work . f.The falsification of any of the above certifications may that requires highly specialized knowledge, abilities, or subject the contractor to civil or criminal prosecution under 18 equipment not ordinarily available in the type of contracting • U.S.C. 1001 and 31 U.S.C.231. organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of • g.The contractor or subcontractor shall make the records re- the overall contract. • quired under paragraph 2b of this Section V available for in- spection, copying, or transcription by authorized representa- tives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working • hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further • payment, advance, or guarantee of funds. Furthermore,failure Form 1273—Revised 3-95 to submit the required records upon request or to make such 08-07-95 records available may be grounds for debarment action • pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS,SUPPLIES,AND LABOR • 1.On all Federal-aid contracts on the National Highway Sys- tom, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are • constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final • FR-9 VISTA CHINO FLOOD GATES SPECIAL PROVISIONS CITY PROJECT NO.05-26 FEDERAL REQUIREMENTS 12/21/05 SECTION 14-PAGE 9 • • 2.The contract amount upon which the requirements set forth • in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or NOTICE TO ALL PERSONNEL ENGAGED ON • produced by the contractor under the contract provisions. FEDERAL-AID HIGHWAY PROJECTS • 3.The contractor shall furnish (a) a competent superintendent 18 U.S.C. 1020 reads as follows: or supervisor who is employed by the firm, has full authority to • direct performance of the work in accordance with the contract "Whoever being an officer, agent, or employee of the United requirements, and is in charge of all construction operations States, or any State or Territory, or whoever, whether a person, (regardless of who performs the work) and (b) such other of its association, firm, or corporation, knowingly makes any false • own organizational resources (supervision, management, and statement,false representation, or false report as to the charac- • engineering services)as the SHA contracting officer determines is ter, quality, quantity, or cost of the material used or to be used, necessary to assure the performance of the contract. or the quantity or quality of the work performed or to be per- 4.No portion of the contract shall be sublet, assigned or .formed, or the cost thereof in connection with the submission of • otherwise disposed of except with the written consent of the SHA plans, maps,specifications, contracts, or costs of construction on p eP any highway or related project submitted for approval to the contracting officer,or authorized representative,and such consent Secretary of Transportation;or when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract Whoever knowingly makes any false statement, false repre- • is evidenced in writing and that it contains all pertinent provisions ter, qualiation,ty, false report orfalse claim with respect to the c be requirements of the prime contract. ter, quality, quantity, or cost of any work performed or to be connection • formed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved • VIII. SAFETY:ACCIDENT PREVENTION by the Secretary of Transportation;or • 1.In the performance of this contract the contractor shall Whoever knowingly makes any false statement or false repre- comply with all applicable Federal, State, and local laws gov- sentation as to material fact in any statement, certificate, or re- • erning safety, health, and sanitation (23 CFR 635). The con- port submitted pursuant to provisions of the Federal-aid Roads tractor shall provide all safeguards, safety devices and protective Act approved Judy 1, 1916, (39 Slat. 355), as amended and sup-equipment and take any other needed actions as it determines,or plemented; as the SHA contracting officer may determine, to be reasonably • necessary to protect the life and health of employees on the job Shall be fined not more that$10,000 or imprisoned not more and the safety of the public and to protect property in connection than 5 years or both." . with the performance of the work covered by the contract. X. IMPLEMENTATION OF CLEAN AIR ACT AND 2.It is a condition of this contract, and shall be made a con- FEDERAL WATER POLLUTION CONTROL ACT dition of each subcontract, which the contractor enters into put- • suant to this contract, that the contractor and any subcontractor (Applicable licable to all Federal-aid construction contracts and to all shall not permit any employee,in performance of the contract,to related subcontracts of$100,000 or more.) work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined By submission of this bid or the execution of this contract, or under construction safety and health standards (29 CFR 1926) subcontract, as appropriate, the bidder, Federal-aid construction promulgated the Secretary of Labor, in accordance with contractor, or subcontractor, as appropriate, will be deemed to Act(40 U.S.C.. 333). Senior off the Contract Work Hours and Safety Standards have stipulated as follows: 3.Pursuant to 29 CFR 1926.3,it is a condition of this contract 1.That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean I that the Secretary of Labor or authorized representative thereof, Air Act,as amended(42 U.S.C. 1857 et seq.,as amended by Pub. shall have right of entry h any site of contract performance e L.91-604),and under the Federal Water Pollution Control Act,as • inspect io investigate the matter rd compliance with the amended(33 U.S.C. 1251 et seq.,as amended by Pub.L.92-500), j construction safety ay health standards and e carry out the Executive Order 11738, and regulations in implementation j duties an the Secretary under Section 107 of the Contract Work i Hours and Safety Standards Act(40 U.S.C.333). thereof( CFR is not listed, on the date contract award, U. j on the U.S. Environmental nmental Protection Agency (EPA) List of 1 IX. FALSE STATEMENTS CONCERNING HIGH- Violating Facilities pursuant to 40 CFR 15.20. l : WAY PROJECTS 2.That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and r • In order to assure high quality and durable construction in Section 308 of the Federal Water Pollution Control Act and all j conformity with approved plans and specifications and a high regulations and guidelines listed thereunder. degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid 3.That the firm shall promptly notify the SHA of the receipt of any communication highway projects, it is essential that all persons concerned with from the Director,Office of Federal Activities,EPA,indmatme that a facility that is or the project perform Their functions as carefully, thoroughly, and will be util¢ed honestly as possible. Willful falsification, distortion, or mis- representation with respect to any facts related to the project is a violation or Federal law. To prevent any misunderstanding re_ Form 1273—Revised 3-95 garding the seriousness of these and similar acts, the following oa-o7-95 notice shall be posted on each Federal-aid highway project (23 CFR 635)in one or more places where it is readily available to all persons concerned with the project: FR-10 VISTA CHINO FLOOD GATES SPECIAL PROVISIONS CITY PROJECT NO.05-26 FEDERAL REQUIREMENTS 12/21/05 SECTION 14- PAGE 10 for the contract is under consideration to be listed on the EPA covered transactions. List of Violating Facilities. h.A participant in a covered transaction may rely upon a 4.That the firm agrees to include or cause to be included the certification of a prospective participant in a lower tier covered r requirements of paragraph I through 4 of this Section X in every transaction that is not debarred, suspended, ineligible, or nonexempt subcontract, and further agrees to take such action as voluntarily excluded from the covered transaction, unless it the government may direct as a means of enforcing such re- knows that the certification is erroneous. A participant may quirements. decide the method and frequency by which it determines the el- igibility of its principals. Each participant may, but is not XI. CERTIFICATION REGARDING DEBARMENT, required to, check the nonprocurement portion of the"Lists of i SUSPENSION,INELIGIBILITY AND VOLUNTARY Parties Excluded From Federal Procurement or Nonprocure- EXCLUSION ment Programs" (Nonprocurement List) which is compiled by the General Services Administration. 1.Instructions for Certification-Primary Covered i.Nothing contained in the foregoing shall be construed to Transactions: require establishment of a system of records in order to render in good faith the certification required by this clause. The ! (Applicable to all Federal-aid contracts-49 CFR 29) knowledge and information of participant is not required to i * exceed that which is normally possessed by a prudent person in a.By signing and submitting this proposal, the prospective the ordinary course of business dealings. primary participant is providing the certification set out below. j.Except for transactions authorized under paragraph f of b.The inability of a person to provide the certification set these instructions, if a participant in a covered transaction ! out below will not necessarily result in denial of participation knowingly enters into a lower tier covered transaction with a 1 in this covered transaction. The prospective participant shall person who is suspended, debarred, ineligible, or voluntarily ! submit an explanation of why it cannot provide the certification excluded from participation in this transaction, in addition to i set out below. The certification or explanation will be other remedies available to the Federal Government, the de- considered in connection with the department or agency's de- partment or agency may terminate this transaction for cause or termination whether to enter into this transaction. However, default, r failure of the prospective primary participant to furnish a cer- ! lification or an explanation shall disqualify such a person from " *' participation in this transaction. Certification Regarding Debarment, c.The certification in this clause is a material representation Suspension,Ineligibility and Voluntary of fact upon which reliance was placed when the department or Exclusion—Primary Covered Transactions agency determined to enter into this transaction. If it is later i determined that the prospective primary participant knowingly 1.The prospective primary participant certifies to the best of ' • rendered an erroneous certification, in addition to other its knowledge and belief,that it and its principals: 1 remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. a.Are not presently debarred, suspended, proposed for debarment,declared ineligible, or voluntarily excluded from l d.The prospective primary participant shall provide im- covered transactions by any Federal department or agency; 1 mediate written notice to the department or agency to whom i this proposal is submitted if any time the prospective primary b.Have not within a 3-year period preceding this proposal participant learns that its certification was erroneous when been convicted of or had a civil judgment rendered against • submitted or has become erroneous by reason of changed them for commission of fraud or a criminal offense in ' circumstances. connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or e,The terms "covered transaction," "debarred,' "suspended;' contract under a public transaction; violation of Federal or r "ineligible," "lower tier covered transaction," "participant," State antitrust statutes or commission of embezzlement, 1 "person," "primary covered transaction," 'principal," theft,forgery, bribery, falsification or destruction of records, "proposal," and "voluntarily excluded," as used in this clause, making false statements,or receiving stolen property; ihave the meanings set out in the Definitions and Coverage . sections of rules implementing Executive Order 12549. You c.Are not presently indicted for or otherwise criminally or may contact the department or agency to which this proposal is civilly charged by a governmental entity (Federal, State or e submitted for assistance in obtaining a copy of those local)with commission of any of the offenses enumerated in regulations. paragraph lb of this certification;and f.The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be F..1273—Revised 3-95 entered into, it shall not knowingly enter into any lower tier 08-07-95 covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency entering into this transaction. g.The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility • and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier FR-11 VISTA CHINO FLOOD GATES SPECIAL PROVISIONS CITY PROJECT NO.05-26 FEDERAL REQUIREMENTS 12/21/05 SECTION 14-PAGE 11 • d.Have not within a 3-year period preceding this ap- the ordinary course of business dealings. placation/proposal had one or more public transactions (Federal, State or local)terminated for cause or default. i.Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction 2.Where the prospective primary participant is unable to knowingly enters into a lower tier covered transaction with a certify to any of the statements in this certification, such person who is suspended, debarred, ineligible, or voluntarily prospective participant shall attach an explanation to this excluded from participation in this transaction, in addition to proposal. other remedies available to the Federal Government, the de- partment or agency with which this transaction originated may ***** pursue available remedies, including suspension and/or debarment. • 2.Instructions for Certification-Lower Tier Covered **WW* Transactions: (Applicable to all subcontracts, purchase orders and other Certification Regarding Debarment, lower tier transactions of$25,000 or more-49 CFR 29) Suspension,Ineligibility and Voluntary • Exclusion-Lower Tier Covered Transactions a.By signing and submitting this proposal, the prospective 1.The prospective lower tier participant certifies, by lower tier is providing the certification set out below. submission of this proposal, that neither it nor its principals b.The certification in this clause is a material representation is presently debarred, suspended, proposed for debarment, • of fact upon which reliance was placed when this transaction declared ineligible, or voluntarily excluded from par- was entered into. If it is later determined that the prospective ticipation in this transaction by any Federal department or lower tier participant knowingly rendered an erroneous agency. certification, in addition to other remedies available to the 2,Where the prospective lower tier participant is unable to • Federal Government,the department or agency with which this certify to any of the statements in this certification, such transaction originated may pursue available remedies,including prospective participant shall attach an explanation to this • suspension and/or debarment. proposal. • c.The prospective lower tier participant shall provide W**W W immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant NIL CERTIFICATION REGARDING USE OF learns that its certification was erroneous by reason of changed • circumstances. CONTRACT FUNDS FOR LOBBYING d.The terms'covered transaction," "debarred," "suspended,' (Applicable to all Federal-aid construction contracts and to all "ineligible," "primary covered transaction," "participant," related subcontracts which exceed$100,000-49 CFR 20) . "person," "principal," "proposal," and 'voluntarily excluded," as used in this clause, have the meanings set out in the L The prospective participant certifies, by signing and Definitions and Coverage sections of Hiles implementing submitting this bid or proposal, to the best of his or her knowl- Executive Order 12549. You may contact the person to which edge and belief,that: • this proposal is submitted for assistance in obtaining a copy of those regulations. a.No Federal appropriated funds have been paid or will be • paid, by or on behalf of the undersigned, to any person for in- e.The prospective lower tier participant agrees by submitting fluencing or attempting to influence an officer or employee of any • this proposal that, should the proposed covered transaction be Federal agency,a Member of Congress,an officer or employee of entered into, it shall not knowingly enter into any lower tier Congress,or an employee of a Member of Congress in connection covered transaction with a person who is debarred, suspended, with the awarding of any Federal contract, the making of any declared ineligible, or voluntarily excluded from participation Federal grant,the making of any Federal loan,the entering into of in this covered transaction,unless authorized by the department any cooperative agreement, and the extension, continuation, or agency with which this transaction originated. renewal, amendment, or modification of any Federal contract, grant,loan,or cooperative agreement. f The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled b. If any funds other than Federal appropriated funds have been I "Certification Regarding Debarment, Suspension, Ineligibility paid or will be paid to any person for influencing or attempting to and Voluntary Exclusion-Lower Tier Covered Transaction," influence an officer or employee of any Federal agency, a without modification,in all lower tier covered transactions and Member of Congress, an officer or employee of Congress, or an in all solicitations for lower tier covered transactions, employee of a Member of Congress in connection with this Federal contract, g.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may Form 1273—Rev=d 3-95 decide the method and frequency by which it determines the el- 08-07-95 j igibility of its principals. Each participant may, but is not required to,check the Nonprocurement List. i h.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in FR-12 i VISTA CHINO FLOOD GATES SPECIAL PROVISIONS r CITY PROJECT NO. 05-26 FEDERAL REQUIREMENTS 12/21/05 SECTION 14-PAGE 12 ! • • grant, loan, or cooperative agreement, the undersigned shall certification shall be subject to a civil penalty of not less than complete and submit Standard Form-LLL, 'Disclosure Form to $10,000 and not more than$100,000 for each such failure. Report Lobbying,"in accordance with its instructions. 3.The prospective participant also agrees by submitting his or • 2.This certification is a material representation of fact upon her bid or proposal that he or she shall require that the language which reliance was placed when this transaction was made or en- of this certification be included in all lower tier subcontracts, • tered into. Submission of this certification is a prerequisite for which exceed $100,000 and that all such recipients shall certify making or entering into this transaction imposed by 31 U.S.C. and disclose accordingly. • 1352. Any person who fails to file the required FEDERAL-AID FEMALE AND MINORITY GOALS In accordance with Section II, "Nondiscrimination," of 177 Sacramento,CA: "Required Contract Provisions Federal-aid Construction Contracts"the following are the goals for female utilization: SMSA Counties: Coal for Women 6920 Sacramento,CA.................................. 16.1 CA Placer;CA Sacramento; (applies nationwide)..............(percent) ........ 6.9 CA Yolo. The following are goals for minority utilization: Non-SMSA Counties........................................ 14.3 CA Butte;CA Colusa; CALIFORNIA ECONOMIC AREA CA El Dorado;CA Glenn; CA Nevada;CA Sierra; Goal CA Sutter;CA Yuba. A (Percent) 178 Stockton-Modesto,CA: 174 Redding,CA: SMSA Counties: Non-SMSA Counties ................................... 6.8 5170 Modesto,CA....................................... 12.3 CA Lassen;CA Modoc; CA Stanislaus. CA Plumas;CA Shasta; 8120 Stockton,CA....................................... 24.3 CA Siskiyou;CA Tehama. CA San Joaquin. 175 Eureka,CA: Non-SMSA Counties........................................ 19.8 CA Alpine•,CA Amador, CA Calaveras;CA Mariposa; Non-SMSA Counties................................... 6.6 CA Merced;CA Tuolumne. CA Del Norte;CA Humboldt; CA Trinity. 179 Fresno-Bakersfield,CA: 176 San Francisco-Oakland-San Jose,CA: SMSA Counties: SMSA Counties: 0680 Bakersfield,CA................................... 19.1 CA Kenn. 7120 Salinas-Seaside- 2840 Fresno,CA.......................................... 26.1 Monterey,CA........................................... 28.9 CA Monterey. CA Fresno. 7360 San Francisco-Oakland,CA................. 25.6 Non-SMSA Counties........................................ 23.6 • CA Alameda;CA Contra Costa; CA Kings;CA Madera; • CA Marin;CA San Francisco; CA Tulare. • CA San Mateo. 180 Los Angeles,CA: 7400 San Jose,CA........................................ 19.6 CA Santa Clara. SMSA Counties: 7485 Santa Cruz,CA.................................... 14.9 0360 Anaheim-Santa Ana-Garden CA Santa Cruz. Grove,CA................................................. 11.9 7500 Santa Rosa,CA.................................... 9.1 CA Orange. CA Sonoma. 4480 Los Angeles-Long 8720 Vallejo-Fairfield-Napa,CA................ 17.1 Beach,CA................................................. 28.3 ® CA Napa;CA Solano CA Los Angeles. 6000 Oxnard-Simi Valley- Non-SMSA Counties........................................ 23.2 Ventura,CA.............................................. 21.5 CA Lake;CA Mendocino; CA Ventura. CA San Benito. • Fom 1273—Revised 3-95 08-07-95 FR-13 VISTA CHINO FLOOD GATES SPECIAL PROVISIONS CITY PROJECT NO.05-26 FEDERAL REQUIREMENTS 12/21/06 SECTION 14-PAGE 13 6780 Riverside-San Bernardino- 181 San Diego,CA: Ontario,CA............................................... 19.0 CA Riverside; SMSA Counties CA San Bernardino. 7320 San Diego,CA.................................... 16.9 7480 Santa Barbara-Santa Maria- CA San Diego. Lompoc,CA...........................-................. 19.7 Non-SMSA Counties........................................ 18.2 CA Santa Barbara. CA Imperial. Non-SMSA Counties........................................ 24.6 CA Inyo;CA Mono; CA San Luis Obispo. In addition to the reporting requirements set forth elsewhere in this contract the Contractor and subcontractors holding subcontracts, not including material suppliers,of$10,000 or more,shall submit for every month of July during which work is performed,employment data as contained under Form FHWA PR-1391 (Appendix C to 23 CFR, Part 230), and in accordance with the instructions included thereon. Form 1273—Rcviwd 3-95 08-07-95 i M FR-14 RACQUET CLUB ROAD SIDEWALK PROJECT SPECIAL PROVISIONS CITY PROJECT NO.02-09 FEDERAL REQUIREMENTS 4/'I7/03 SECTION 14-PAGE 14 • • • • • • CITY OF PALM SPRINGS • • • PUBLIC WORKS AND ENGINEERING DEPARTMENT • • • • • PART III - APPENDIX • • • VISTA CHINO FLOOD GATES • CITY PROJECT NO. 05-26 • • • Federal Prevailing Wage Rates • • Project Drawings: • • 1. Vicinity Map 2. Vista Chino Flood Gates - Gate Locations and Road Sections • 3. Vista Chino Flood Gates - Flood Gate Locations • 4. Vista Chino Flood Gates - Double Pipe Swing Gate • • • • • • • • • • • • • • • VISTA CHINO FLOOD GATES CITY PROJECT NO.05-26 CONTENTS • 1/11/06 PART III • VVAIS Document Retrieval Page 1 of 20 j • GENERAL DECTSION: CA20030036 12/23/2003 CA36 I � Date: December 23, 2005 General Decision Number: CA20030036 12/23/2005 Superseded General Decision Number: CA020036 I I � State: California i i � Construction Types: Building, Heavy (Heavy, and Dredging) and Highway I �� County: Riverside County in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work) ; HEAVY CONSTRUCTION PROJECTS (does not include water well drilling) ; HIGHWAY CONSTRUCTION PROJECTS i � Modification Number Publication Date 0 06/13/2003 y 1 01/30/2004 2 03/05/2004 3 04/02/2004 j � 4 05/21/2004 I � 5 07/16/2004 6 0B/27/2004 7 10/08/2004 8 01/14/2005 i � 9 01/28/2005 I 10 02/11/2005 11 04/08/2005 12 06/17/2005 13 07/22/2005 I � 14 08/05/2005 15 08/19/2005 16 09/09/2005 17 11/18/2005 18 12/02/2005 19 12/23/2005 ASBE0005-002 08/01/2004 Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems) . . .$ 34.06 9.84 ------ -------------------------------------------------- ASBE0005-004 08/01/2005 Rates Fringes Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, http://frwebgate.access.gpo.gov/cgi-bin/getdoe.cgi?dbname=Davis-Bacon&docid=... 1/11/2006 IVAIS Document Retrieval Page 2 of 20 i stripping, removal, ! scrapping, vacuuming, bagging ! � and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not) . .$ 19.20 6.38 ---------- ----------------------- � � * BOIL0092-003 10/01/2005 Rates Fringes Boilermaker. . . . . . . . . . . . . . . . . . . .$ 33.19 17.86 ---------------------------------------------------------------- � � BRCA0004-011 05/01/2005 IRates Fringes Bricklayer; Marble Setter. . . . . .$ 30. 17 8. 45 ---------------------------------------------------------------- BRCA0018-006 09/01/2005 i I Rates Fringes Marble Finisher. . . . . . . . . . . . . . . .$ 21.52 6.65 I Tile Finisher. . . . . . . . . . . . . . . . . .$ 17.82 6.00 Tile Layer. . . . . . . . . . . . . . . . . . . . .$ ----- 10_ -------28.30 47 ----------------------------------- ------_---_- * BRCA0018-010 11/01/2005 j Rates Fringes Terrazzo Finisher. . . . . . . . . . . . . .$ 23.59 7.99 Terrazzo Worker. . . . . . . . . . . . . . . .$ 30. 63 8_46 ---------- ------ CARP0409-001 07/01/2005 • Rates Fringes i Carpenters: (1) Carpenter, Cabinet Installer, Insulation Installer, Hardwood Floor Worker and acoustical installer. . . . . . . . . . . . . . . . . . .$ 31.71 8.47 (2) Millwright. . . . . . . . . . . . . .$ 32.21 8.47 (3) Piledriver/Derrick I . Bargeman, Bridge or Dock Carpenter, Heavy Framer, Rock Bargeman or Scowman, Rockslinger, Shingler j (Commercial) . . . . . . . . . . . . . . . .$ 31.84 8.47 • (4) Pneumatic Nailer, Power Stapler. . . . . . . . . . . . . . .$ 31. 96 8.47 (5) Sawfiler. . . . . . . . . . . . . . .$ 31.79 8.47 (6) Scaffold Builder. . . . . . .$ 25.01 8.47 (7) Table Power Saw . Operator. . . . . . . . . . . . . . . . . . . .$ 31.81 8.47 • FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal higp://fwebgate.access.gpo.gov/cgi-bin/getdoe.cgi?dbname=Davis-Bacon&docid=... 1/11/2006 • WAIS Document Retrieval Page 3 of 20 • lagging is used in conjunction with steel H-Seams driven or placed in pre- drilled holes, for that portion of a lagged j • trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by j � piledrivers) : $0. 13 per hour additional. Certified Welder ! � - $1.00 per hour premium. ---------- � � CAPP0409-002 07/01/2005 ' Rates Fringes i i Diver i � (1) Wet. . . . . . . . . . . . . . . . . . . . .$ 557. 44 8.47 (2) Standby. . . . . . . . . . . . . . . . .$ 278.72 8.47 I (3) Tender. . . . . . . . . . . . . . . . . .$ 270.72 8.47 Amounts in "Rates' column are per day ----------------------------------------------- ---------- � � CARP0409-005 07/01/2005 Rates Fringes Drywall INSTALLERS. . . . . . . . . . . . . . . . . .$ 31.71 8.47 STOCKER/SCRAPPER. . . . . . . . . . . .$ 10. 00 5.96 ---------------------------------------------------------------- CARP0409-008 07/01/2003 Rates Fringes Modular Furniture Installer (1) Mobile Filing System Installer. . . . . . . . . . . . . . . . . . .$ 13.76 5.80 (2) Modular Furniture Installer. . . . . . . . . . . . . . . . . . .$ 14 .36 5.80 (3) Full Wall Technician. . . .$ 20. 47 5.80 Full Wall Technician. . . . . . . .$ 20.47 5.80 Mobile Filing System A Installer. . . . . . . . . . . . . . . . . . .$ 13.76 5.80 Modular Furniture Installer.$ 14 . 36 5.80 -------------------------------------- ---------- ELEC0011-002 12/01/2005 COMMUNICATIONS AND SYSTEMS WORK ® Rates Fringes Communications System wInstaller. . . . . . . . . . . . . . . . . . .$ 24. 03 3%+7.40 Technician. . . . . . . . . . . . . . . . . .$ 26.23 3%+7.40 w SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV wmonitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, nurse call systems, radio page, school intercom and sound, http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=... 1/11/2006 WAlo Document Retneval Page 4 of 20 burglar alarms, fire alarm (see last paragraph below) acid low voltage master clock systems in commercial buildings. • Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which • include control function or pnwer supply; excluding • installation of raceway systems, conduit systems, line voltage work, and energy management systems. Does not cover work performed at China Lake Naval Ordnance Test • Station. Fire alarm work shall be performed at the current inside wireman total cost package. ---------------------------------------------------------------- ELEC0440-001 06/03/2003 Rates Fringes Cable splicer. . . . . . . . . . . . . . . . . .$ 30. 63 3%+9.76 Electrician. . . . . . . . . . . . . . . . . . . .$ 30. 13 3%+9.76 ZONE PAY: Zone A: Free travel zone for all contractors performing work in Zone A. Zone B:Any work performed in Zone (B) shall add $8.00 per hour to the current wage scale. Zone (B) shall be the area from the eastern perimeter of Zone (A) to a line which runs north and south begininng at Little Morongo Canyon (San Bernardino/Riverside County Line) , Southeast along the Coachella Tunnels, Colorado River Aqueduct and Mecca Tunnels to Pinkham Wash the South to Box Canyon Road, then southwest along Box Canyon Road to Highway 195 west onto 195 south to Highway 86 to Riverside/Imperial County Line. --------------------------------------------------------- ELEC1245-001 06/01/2005 Rates Fringes Line Construction (1) Lineman; Cable splicer. .$ 36.51 3.75%+10.03 (2) Equipment specialist p (operates crawler • tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below) , and overhead pand underground a distribution line equipment) . . . . . . . . . . . . . . . . . .$ 31.03 3.75%+9.25 (3) Groundman. . . . . . . . . . . . . . .$ 23.73 3.75%+9.25 ----------------------------------------------------------------- ELEV0018-001 01/01/2005 Rates Fringes • Elevator Mechanic. . . . . . . . . . . . . .$ 38.215 12.015 . FOOTNOTE: Vacation Pay: 8% with 5 or more years of service, 6% for 6 • months to 5 years service. Paid Holidays: New Years Day, htfp://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=... 1/11/2006 VJAlo Document Retneval Page 5 of 20 Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Friday after, and Christmas Day. --------------------------------------------------------------- ENGI0012-003 07/01/2005 Rates Fringes Power Equipment Operators (Cranes, Piledriving & Hoisting) GROUP 1. . . . . . . . . . . . . . . . . . . .$ 31.45 14 . 95 GROUP 2. . . . . . . . . . . . . . . . . . . .$ 32.23 14 . 95 GROUP 3. . . . . . . . . . . . . . . . . . . .$ 32.52 14 . 95 GROUP 4 . . . . . . . . . . . . . . . . . . . .$ 32. 66 14 . 95 GROUP 5. . . . . . . . . . . . . . . . . . . .$ 32.88 14 . 95 GROUP 6. . . . . . . . . . . . . . . . . . . .$ 32.99 14 . 95 GROUP 7. . . . . . . . . . . . . . . . . . . .$ 33.11 14 . 95 GROUP 8. . . . . . . . . . . . . . . . . . . .$ 33.28 14. 93 GROUP 9. . . . . . . . . . . . . . . . . . . .$ 33.45 14 . 95 GROUP 10. . . . . . . . . . . . . . . . . . . .$ 34 . 45 14. 95 GROUP 11. . . . . . . . . . . . . . . . . . . .$ 35.45 14 . 95 GROUP 12. . . . . . . . . . . . . . . . . . . .$ 36.45 14 . 95 GROUP 13. . . . . . . . . . . . . . . . . . . .$ 37.45 14 . 95 Power Equipment Operators (Tunnel Work) GROUP 1. . . . . . . . . . . . . . . . . . . .$ 32.73 14 . 95 GROUP 2. . . . . . . . . . . . . . . . . . . .$ 33.02 14 . 95 GROUP 3. . . . . . . . . . . . . . . . . . . .$ 33.16 14 . 95 GROUP 4. . . . . . . . . . . . . . . . . . . .$ 33.38 14 . 95 GROUP 5. . . . . . . . . . . . . . . . . . . .$ 33.49 14. 95 GROUP 6. . . . . . . . . . . . . . . . . . . .$ 33. 61 14 . 95 GROUP 7. . . . . . . . . . . . . . . . . . . .$ 33. 91 14 . 95 Power Equipment Operators GROUP I. . . . . . . . . . . . . . . . . . . .$ 30.10 14 . 95 GROUP 2. . . . . . . . . . . . . . . . . . . .$ 30. 88 14. 95 GROUP 3. . . . . . . . . . . . . . . . . . . .$ 31.17 14 .95 GROUP 4. . . . . . . . . . . . . . . . . . . .$ 32. 16 14 . 95 GROUP 5. . . . . . . . . . . . . . . . . . . .$ 33.76 14 . 95 GROUP 6. . . . . . . . . . . . . . . . . . . .$ 32.88 14. 95 GROUP 7. . . . . . . . . . . . . . . . . . . .$ 33.98 14 . 95 GROUP 8. . . . . . . . . . . . . . . . . . . .$ 32.99 14 . 95 GROUP 9. . . . . . . . . . . . . . . . . . . .$ 34 .09 14 . 95 GROUP 10. . . . . . . . . . . . . . . . . . . .$ 33.11 14 .95 �p GROUP 11. . . . . . . . . . . . . . . . . . . .$ 34 .21 14 . 95 �I GROUP 12. . . . . . . . . . . . . . . . . . . .$ 33.2B 14 . 95 GROUP 13. . . . . . . . . . . . . . . . . . . .$ 33.38 14 . 95 GROUP 14 . . . . . . . . . . . . . . . . . . . .$ 33.41 14. 95 GROUP 15. . . . . . . . . . . . . . . . . . . .$ 33.49 14 . 95 GROUP 16. . . . . . . . . . . . . . . . . . . .$ 33. 61 14 . 95 GROUP 17. . . . . . . . . . . . . . . . . . . .$ 33.78 14 .95 GROUP 18. . . . . . . . . . . . . . . . . . . .$ 33.88 14 . 95 GROUP 19. . . . . . . . . . . . . . . . . . . .$ 33. 99 14 .95 GROUP 20. . . . . . . . . . . . . . . . . . . .$ 34.11 14. 95 ® GROUP 21. . . . . . . . . . . . . . . . . . . .$ 34 .28 14 .95 GROUP 22. . . . . . . . . . . . . . . . . . . .$ 34 .38 14 . 95 GROUP 23. . . . . . . . . . . . . . . . . . . .$ 34 .49 14 . 95 ® GROUP 24. . . . . . . . . . . . . . . . . . . .$ 34 .61 14 . 95 ® GROUP 25. . . . . . . . . . . . . . . . . . . .$ 34 .78 14 . 95 m� FOOTNOTES: m ® http://fwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=... 1/11/2006 WAIS Document Retrieval Page 6 of 20 PREMIUM PAY of $3.75 per hour shall be paid on all power equipment operator work at Camp Pendleton, Point Arguello, . and Vandenburg AFB. • Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP l: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator-inside; Engineer Oiler; Forklift operator (includes load, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant ® operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt-rubber plant operator (nurse tank operator) ; Concrete mixer operator-skip type; Conveyor operator; Fireman; Forklift operator (includes load, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant) ; Petromat laydown machine; PJU side dum jack; Screening and conveyor machine oeprator (or similar types) ; Skiploader (wheel type up to 3/4 yd. without attachment) ; Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (side steer) ; Equipment greaser (rack) ; Ford Ferguson .� (with dragtype attachments) ; Helicopter radioman (ground) ; eStationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type) ; Boring machine operator; Boxman or mixerman (asphalt or concrete) ; Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable) ; Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum) ; Equipment greaser (grease truck) ; Guard rail post driver operator; Highline cableway signalman; Horizontal Directional Drilling Machine; Hydra-hammer-aero stomper; Micro Tunneling (above ground tunnel) ; Power concrete curing machine operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting) ; Screed operator (asphalt or concrete) ; Trenching machine operator (up to 6 ft. ) ; Vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck/Multi Shift) . GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type) ; Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type) ; Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=... 1/11/2006 WA1S Document Retrieval Page 7 of20 maximum) ; Drilling machine operator; Hydrographic seeder machine operator (straw, pulp or seed) , Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt) ; Mechanical finisher operator (concrete, Clary-Johnson-Bidwell or similar) ; Micro tunnel system (below ground) ; Pavement breaker operator (truck mounted) ; Road oil mixing machine operator; Roller operator (asphalt or finish) , rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck) ; Self-propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-112 yds. ) ; Slip form pump operator (power driven hydraulic lifting device for concrete forms) ; Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types) ; Tugger hoist operator (1 drum) ; Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 7 : Welder - General GROUP 8: Asphalt or concrete spreading operator (tamping or finishing) ; Asphalt paving machine operator (Barber Greene or similar type) ; Asphalt-rubber distribution operator; ® Backhoe operator (up to and including 3/4 yd. ) , small ford, Case or similar; Cast-in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work) ; Compactor operator (self-propelled) ; Concrete mixer operator (paving) ; Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum) ; Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types) ; Mobark Chipper or similar; Ozzie padder or ® similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type) ; Pumperete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type) ; Rubber-tired earth-moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. ® yds. struck) ; Rubber-tired earth-moving equipment operator ® (multiple engine up to and including 25 yds. struck) ; Rubber-tired scraper operator (self-loading paddle wheel ® type-John Deere, 1040 and similar single unit) ; Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. ® up to and including 6-1/2 yds. ) ; Soil remediation plant operator; Surface heaters and planer operator; Tractor 1® compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single II� engine) ; Tractor operator (boom attachments) , Traveling 1� http://fiwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=... 1/11/2006 WAIS Document Retrieval Page 8 of 20 pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, • manufacturer's rating) ; trenching Machine with Road Miner • attachment (over 6 ft depth capacity) : Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 9: Heavy Duty Repairman • GROUP 10: Drilling machine operator, Bucket or auger types i + (Calweld 200 B bucket or similar types-Watson 3000 or 5000 I auger or similar types-Texoma 900 auger or similar types-drilling depth of 105' maximum) ; Dual drum mixer, dynamic compactor LDC350 (or similar types) ; Monorail locomotive operator (diesel, gas or electric) ; Motor patrol-blade operator (single engine) ; Multiple engine tractor operator (Euclid and similar type-except Quad 9 cat. ) ; Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck) ; Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck) ; Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck) , Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yes. ) ; Woods mixer operator (and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified. GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar ptypes - drilling depth of 175' maximum) ; Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form • traveler operator; Motor patrol operator (multi-engine) ; Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) ; Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units) GROUP 13: Rubber-tired earth-moving equipment operator ® operating equipment with push-pull system (single engine, up to and including 25 yds. struck) • GROUP 14 : Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional) ; Wheel excavator operator (over 750 cu. yds. ) GROUP 15: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=... 1/11/2006 WAIS Document Retrieval Page 9 of 20 • engine-up to and includinq 25 yds. struck) • GROUP 16: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck) ; Rubber-tired earth-moving equipment • operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) SGROUP 17: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck) ; Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types) ; Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any ® and all attachments over 25 yds.and up to and including 50 cu. yds. struck) ; Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar • types in any combination, excluding compaction units - single engine, over 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating with the tandem Apush-pull system (multiple engine, up to and including 25 yds. struck) http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=... 1/11/2006 WAIS Document Retrieval Page 10 of 20 GROUP 24 : Rubber-tireLi earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, • Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with Athe tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A-frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4 : Bridge-type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type) ; Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist S operator (Chicago boom and similar type) ; Lift mobile operator; Lift slab machine operator (Vagtborg and similar types) ; Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type) ; Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc) ; Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc) ; Tower crane repair; Tugger hoist operator (3 drum) S GROUP 8: Crane operator (up to and including 25 ton capacity) ; Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity) ; Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity) ; Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds. , M.R.C. ) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc) ; Derrick barge operator (over 25 tons up to and including 50 tons mrc) ; Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc) ; K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc) ; Derrick barge operator (over 50 tons up to and including 100 tons mrc) ; Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to http://frwebgate.access.gpo.gov/cgi-bin/getdoc.egi?dbname—Davis-Bacon&docid=... 1/11/2006 I r WAIS Document Retrieval page 11 of 20 and including 100 tons mrc) , Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C. ) ; Tower crane operator and tower gantry i • GROUP 11: Crane operator (over 100 tons and up to and I • including 200 tons mrc) ; Derrick barge operator (over 100 � tons up to and including 200 tons mrc) ; Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up � to and including 200 tons mrc) ; Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc) ; Derrick barge operator (over 200 tons up to and including 300 tons mrc) ; Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc) ; Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons) ; Derrick barge operator (over 300 tons) ; Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons) ; Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power-driven jumbo form setter operator GROUP 3: Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4: Bit sharpener; Equipment greaser (grease truck) ; Slip form pump operator (power-driven hydraulic lifting device for concrete forms) ; Tugger hoist operator (1 drum) ; Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd. ) ,- Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types) ; Mucking machine operator (1/4 yd. , rubber-tired, rail or track type) ; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type) ; Pneumatic heading • shield (tunnel) ; Pumperete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum) ; • Tunnel locomotive operator (over 30 tons) GROUP 6: Heavy Duty Repairman ® GROUP 7: Tunnel mole boring machine operator --------------------------------------------------------- ENGI0012-004 08/01/2005 Rates Fringes Power equipment operators: ® (DREDGING) http://fnvebgate.access.gpo.gov/egi-bin/getdoe.egi?dbname—Davis-Bacon&docid=... 1/11/2006 WAIS Document Retrieval Page 12 of 20 I (1) Leverman. . . . . . . . . . . . . . . .5 38. 10 14.95 (2) Dredge dozer. . . . . . . . . . . .$ 33. 63 14. 95 (3) Deckmate. . . . . . . . . . . . . . . .$ 33,52 14 .95 (4) Winch operator (stern winch on dredge) . . . . . . . . . . . .$ 32. 97 14. 95 (5) Fireman-Oiler, Dockhand, Bargeman, Leveehand. . . . . . . . . . . . . . . . . . .5 32. 93 19 .95 (6) Barge Mate. . . . . . . . . . . . . .$ 33.04 14. 95 ---------------------------------------'---------'-------- IRON0002-004 07/01/2005 Rates Fringes s S Ironworkers: Fence Erector. . . . . . . . . . . . . . .$ 31. 16 15.285 • Ornamental, Reinforcing and Structural. . . . . . . . . . . . . .$ 32. 06 15.285 PREMIUM PAY: • $3.00 additional per hour at the following locations: wChina Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, • Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $2.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $1.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock -------------------------------------------------------- LAB00300-001 07/01/2005 Rates Fringes Brick Tender. . . . . . . . . . . . . . . . . . .$ 22.24 12. 48 ------------ ---------- LAB00300-003 07/01/2005 Rates Frinqes Laborer: Gunite GROUP I. . . . . . . . . . . . . . . . . . . . .$ 23. 69 16.36 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 22.74 16.36 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 19.20 16.36 Laborer: Tunnel GROUP I. . . . . . . . . . . . . . . . . . . . .$ 24.28 12.95 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 24. 60 12. 95 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 25.06 12.95 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 25.75 12. 95 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=... 1/11/2006 WAIS Document Retrieval Page 13 of20 Laborers: GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 21.24 12.89 i GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 21.79 12. 89 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 22.34 12. 89 j GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 23. 89 12.89 I GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 24 .24 12.89 I FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. Workers doing gunite and/or shotcrete work in a tunnel shall receive 35 cents per hour ' above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, storage elevator or similar type of structure, when such structure is in excess of i � 75'-0" above base level and which work must be performed in whole or in part more than 75'-0" above base level, that work performed above the 75 '-0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, . temporary water and air lines; Material hose operator (walls, slabs, floors and decks) ; Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement) ; Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition) ; Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small) ; Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender) ; Septic tank digger and installer(lead) ; Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower hilp:Hfrwebgate.access.gpo.gov/cgi-bin/getdoc.egi?dbname=Davis-Bacon&docid=... 1/11/2006 WAIS Document Retrieval Page 14 of 20 GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same) ; Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials ("applying" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing) ; Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Rock Slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; STamper, Barko, Wacker and similar type; Trenching machine, hand-propelled ® GROUP 9 : Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types) ; Concrete core cutter (walls, floors or ceilings) , grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock Slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping i • of same; Prefabricated manhole installer; Sandblaster i • (nozzle person) , water blasting, Pcrta Shot-Blast I � • GROUP 5: Blaster powder, all work of loading holes, placing i and blasting of all powder and explosives of whatever type, I � regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all • other types of mechanical drills without regard to the form of motive power; Toxic waste removal • TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Bull gang mucker, track person; • Changehouse person; Concrete crew, including rodder and spreader; Dump person; Dump person (outside) ; Swamper (brake person and switch person on tunnel work) ; Tunnel • materials handling person GROUP 2: Chucktender, cabletender; Loading and unloading • http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=... 1/11/2006 WAIS Document Retrieval Page 15 of 20 agitator cars; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, i shotcrete, etc. ) ; Vibrator person, jack hammer, pneumatic i tools (except driller) I GROUP 3: Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer i person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine) ; Nozzle person; Operating of troweling and/or grouting machines; Powder person (primer house) ; Primer person; Sandblaster; Shotcrete person; Steel iform raiser and setter; Timber person, retimber person, . wood or steel; Tunnel Concrete finisher GROUP 4 : Diamond driller; Sandblaster; Shaft and raise work GUNITE LABORER CLASSIFICATIONS i GROUP l: Nozzle person and rod person • GROUP 2: Gun person GROUP 3: Rebound person ---------------------------------------------------------------- LAB0o882-002 01/01/2005 Rates Fringes Asbestos Removal Laborer. . . . . . .$ 22.50 10.10 i SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding, j fabrication of temporary wooden barriers and assembly of -decontamination stations. ----------------------------------------------------- LABO1184-001 07/01/2005 jRates Fringes 1 Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer. . .$ 22.14 8.36 (2) Vehicle Operator/Hauler.$ 22.31 8.36 i (3) Horizontal Directional Drill Operator. . . . . . . . . . . . . .$ 24 . 16 8.36 (4) Electronic Tracking • Locator. . . . . . . . . . . . . . . . . . . . .$ 26.16 8.36 Laborers: (STRIPING/SLURRY SEAL) • GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 22.67 11.19 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 23.97 11.19 • GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 25. 98 11. 19 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 27.72 11. 19 • LABORERS - STRIPING CLASSIFICATIONS s bttp://frwebgate.access.gpo.gov/cgi-bin/getdoc.egi?dbname=Davis-Bacon&docid=... 1/11/2006 WAIS Document Retrieval Page 16 of 20 GRMU? l: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician eGROUP 2: Traffic surface abrasive blaster; pot tender - • removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc. ) and Spreparation of surface for coatings. Traffic control S person: controlling and directing traffic through both conventional and moving lane closures; operation of all • related machinery and equipment • GROUP 3: Traffic delineating device applicator: Layout and • application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the Sapplication process. Traffic protective delineating system installer: removes, relocates, installs, permanently Saffixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment ------------ ---------- PAIN0036-001 07/01/2005 Rates Fringes Painters: (1) Repaint Including Lead Abatement. . . . . . . . . . . . . . . . . . .$ 23.40 7.49 (2) All Other Work: . . . . . . . . . $ 26. 67 7.49 REPAINT of any structure with the exception of work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities, tenant improvement work not included in conjunction with the construction of the building and all repainting of tenant improvement projects. --------------------------------------- ---- PAIN0036-008 10/01/2005 Rates Fringes Drywall Finisher_. . . . . . . . . . . . . . . -- -------- -----$ 9_98 I * PAIN0036-015 06/01/2005 Rates Fringes I i i j + http://frwebgate.access.gpo.gov/cgi-bin/getdoe.cgi?dbname=Davis-Bacon&doeid=... 1/11/2006 WAIz5 Document Retneval Page 17 of 20 Glazier. . . . . . . . . . . . . . . . . . . . . . . .$ 31.20 11. 92 1 � FOOTNOTE: Additional $1.25 per hour for work in a condo, from the third (3rd) floor and up Additional $1.25 per hour for work on the outside of the building from a swing i � -state or any suspended contrivance, from the ground up -------------------------------------------------------- PAIN1247-002 05/01/2005 Rates Fringes s Soft Floor Layer. . . . . . . . . . . . . . .$ 28.05 7.45 ------------------------------------------------------------- PLAS0200-009 01/01/2005 Rates Fringes Plasterer. . . . . . . . . . . . . . . . . . . . . .$ 28.29 7.46 ----------------------------------------------------------------- PLAS0500-002 07/01/2005 Rates Fringes Cement Mason. . . . . . . . . . . . . . . . . . .$ 25. 00 15.33 ---------------------------------------------------------------- PLUM0016-001 07/01/2005 Rates Fringes Plumber/Pipefitter (1) Work on strip malls, light commercial, tenant improvement and remodel work$ 24. 19 10.44 (2) Work on new additions and remodeling of bars, restaurant, stores and commercial buildings not to exceed 5, 000 sq. £t. of floor space. . . . . . . . . . . . . . . . .$ 30.32 12.06 (3) All other work. . . . . . . . . .$ 31.36 12. 63 --------------------------------------------------------------- PLUM0345-001 07/01/2005 Rates Fringes Plumbers Landscape/Irrigation Fitter.$ 23. 98 11.85 Sewer & Storm Drain Work. . . .$ 21.06 12.21 ---------------------------------------------------------- ROOF0036-002 09/01/2004 Rates Fringes Roofer (including Built Up, ® Composition and Single Ply) . . . .$ 26.25 7 .17 FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per http://fi webgate.access.gpo.gov/cgi-bin/getdoc.egi?dbname=Davis-Bacon&docid=... 1/11/2006 WAIS Document Retrieval Page 18 of 20 hour "pitch premium" pay. ------------------------- -------------------------------------- • SFCA0669-002 01/01/2005 Rates Fringes ® Sprinkler Fitter, Fire. .--. . . . .$ 26. 75 12.25 SHEE0105-003 08/01/2005 INYO, KERN (Northeast part, East of Hwy 395) , LOS ANGELES (Including Pomona, Claremont, Catalina Island, Long Beach and area South of Imperial highway and East of the Los Angeles River) , MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES Rates Fringes Sheet metal worker (1) Commercial - New Construction and Remodel work. . . . . . . . . . . . . . . . . . . . . . . .$ 31. 95 14.0E (2) Industrial work including air pollution control systems, noise • abatement, hand rails, ® guard rails, excluding aritechtural sheet metal work, excluding A-C, heating, ventilating systems for human comfort. . .$ 2B.18 18.24 ---------------------------------------------------------------- TEAM0011-002 07/01/2005 Rates Fringes Truck drivers: GROUP 1. . . . . . . . . . . . . . . . . . . .$ 23.54 14. 64 GROUP 2. . . . . . . . . . . . . . . . . . . .$ 23. 69 14.64 GROUP 3. . . . . . . . . . . . . . . . . . . .$ 23.82 14. 64 GROUP 4 . . . . . . . . . . . . . . . . . . . .$ 24 .01 14.64 GROUP 5. . . . . . . . . . . . . . . . . . . .$ 23. 95 14. 64 GROUP 6. . . . . . . . . . . . . . . . . . . .$ 24.07 14 . 64 GROUP 7. . . . . . . . . . . . . . . . . . . .$ 24 . 32 14 . 64 GROUP 8. . . . . . . . . . . . . . . . . . . .$ 24 .57 14. 64 GROUP 9. . . . . . . . . . . . . . . . . . . .$ 24 .77 14.64 GROUP 10. . . . . . . . . . . . . . . . . . . .$ 25.07 14.64 GROUP 11 GROUP 11. . . . . . . . . . . . . . . . . . .$ 25.57 14 . 64 WORK ON ALL MILITARY BASES: PREMIUM PAY: $3.00 per hour additional. ® [29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, Fort Irwin, George AFB, Marine Corps Logistics Base at Nebo & Yermo, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB] TRUCK DRIVERS CLASSIFICATIONS GROUP 1: Truck driver http://fiwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=... 1/11/2006 N/AIS Document Retrieval Page 19 of 20 ® GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom GROUP 3: Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement- mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than A16 yds. water level; Erosion control driver GROUP 4 : Driver of transit mix truck, under 3 yds. ; Dumperete Atruck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire 0 person ($0.50 additional for tire person) ; Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump truck, • 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver ® GROUP S: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over ® GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment ® GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional ® when operating winch or similar special attachments ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operationto-which-weldin--- -incidental- - - ----------------------- ® Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 3.5 (a) (1) (ii) ) . ---------------------------------------------------------------- iIn the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively 0 bargained wage and fringe benefit rates. Other designations ® indicate unions whose rates have been determined to be prevailing. • WAGE DETERMINATION APPEALS PROCESS • 0 • 0 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.egi?dbnamer—Davis-Bacon&docid=... 1/11/2006 WAIS Document Retrieval Page 20 of 20 1. ) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1. 8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. ® 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4 . ) All decisions by the Administrative Review Board are final. ----------------------------------------------------------- END OF GENERAL DECISION ht4)://frwebgate.access.gpo.gov/cgi-bin/getdoe.egi?dbname=Davis-Bacon&docid=... 1/11/2006 LAS DEGAS RD. 1O {6 RADIO RD. 0 DA95 Ru SAN RAFAEI DR. PALM S O A 1t5 O1' FRANCIS DR. pµM SPRINGS Q � 5� -yAU S.W YMLO CWN1gT U.VB y 4 R N9Tgt p y0 NCTAFIA INFW4ATON P pmg /FUM1`- U aNIER RACQUET CLUB ROAD OERONA RD now[u[ ROCS o A NA ESCIIEU � E O _ U 2 N NsiA CHINO ROAD 111 VISTA CHINO ROAD < w NIGH w sw°m i rc SANG - HIA GO F m S U OESEflT HOSPITA- < TACNEVAH ROAD rc PROJECT SITE K \ w RUTH i HARKT TAMARISK RD, 3 N So u o ALEJD READ m o O o z 3 rc U O 111 `�' < U AMADO ROAD n cltt HNL ccxv. < o � CENTER AND EAS rc n u TAHWIR� CANYON WAY— PAW o MALL SPRINGS S Q - ARENAS ROAD 5 BARISTO ROAD u SANRNINO pAUA SpPoNCS j HPAWIM SPRINGS RAW DEPT. PALM SPRINGS 1 O nIGH SCXaaL RIWRSIX COUNTY INTERNATIONAL AIRPORT RAMON ROAD COURTHOUSE RAMON ROAD suxx Dux¢rm 3 O SUNNY DUNES ROAD < rc al w �` PALA SRANCS < MESQUITE AW. 'iAHWIR CREE%" 1�9 UI'fE AVE. 0 CIXF CWRY PAPI°(T" U (PVBOC) J 3 iFNN15 COURTS U s°xaPA RD SONORA ROAD �A)I�)1 a R JY i PAL4 SPRINGS < 0 CLIB XWSE E.PRIM CANYON DRIVE iAl{ E EAST ""O^NY Ov ASV o DA", I < o 111 i o A. mwAnn VICINITY MAP NOT TO SCALE CITY OF PALM SPRINGS, CALIFORNIA VISTA CHINO FLOOD GATES � CITY PROJECT N0. 05-26 70' OL 5' 30' 30' 5' i ROAD PAVEMENT 0 EAST END PROPOSED GATE LOCATIONS I SEE DRAWING N0.3 NOTES: DEMOUNTABLE POST AND FUN➢ATION .o l O L INSTALL ONE SET OF PIPE SWING GATES (2 X 35' LONG) WITH THREE N DEMOUNTABLE POST FOUNDATIONS AND TWO DEMOUNTABLE POST, AND TWO ^ NON-DEMOUNTABLE POSTS AND FOUNDATIONS. in 2. SOUTH GATE SHALL SWING OPEN EASTERLY PALL[ SPRINGS SYISTING PO4EE POLE NORTH GATE SHALL SWING OPEN WESTERLY ENTRY SIGN ! ROAD CROSS SECTION — EAST END LOCATION NOT TO SCALE z R Rl ZtE�Pj � R/W R/W 87' 11' 66, 10, _ COMPACTED FILL WEST END FDUNDATION ELEVATION = FOUNDATION ELEVATION = l PROPOSED GATE LOCATIONS P TOP EMENT OF EXISTING ACLME u TOP OF EXISTING A.C. AV AT CENTR PAVEMENT AT LENTRLINE zu SEE DRAWING N0.3 COMPACTED FILL - MINIMUM SLOPE m C] 1 VERTICAL IN 2 HORIZONTAL N Z ^ T o cal NOTES: DEMOUNTABLE POST AND FUNnanoN ]. INSTALL ONE SET OF PIPE SWING GATES (2 X 93,50' LONG) WITH THREE DEMOUNTABLE POST FOUN➢ATIONS AND TWO DEMOUNTABLE POST, AND TWO GENE AUTRY NON-DEMOUNTABLE POSTS AND FOUNDATIONS. TRAIL - 2. SOUTH GATE SHALL SWING OPEN EASTERLY NORTH GATE SHALL SWING OPEN WESTERLY ROAD CROSS SECTION — WEST END LOCATION (LOOKING FAST) NOT TO SCALE CITY PROJECT NO. 05-26 NOT TO SCALE VISTA CHINO FLOOD GATES CITY OF PALM SPRINGS 2 GATE LOCATIONS AND ROAD SECTIONS L 70' J DEMOUNTABLE POST FOUNDATION WITH MONUMENT FRAME AND COVER, DEMOUNTABLE POST FOUNDATION I�60' DEMOUNTABLE POST FOUNDATIONS TYPE ALHAMBRA FOUNDRY CO. A-2925. WITH MONUMENT FRAME AND COVER, PAVEMENT DEMOUNTABLE POST FOUNDATION B], TYPE ALHAMBRA FOUNDRY CO. A-2925. I 35' LONG FLOOD GATE COPENS EASTERLY) ULTIMATE ROAD WIDTH , EXISTING EDGE OF PAVEMENT / NON-DEMOUNTABLE POST FOUNDATION FUTURE BERM 9' 1—O, 44' LONG FLOOD GATE NON-DEMOUNTABLE POST FOUN➢A.TION I / (OPENS EASTERLY) / EXISTING CURB I ENT ING6ROA➢ WIDTH I NON-DEMOUNTABLE POST FOUNDATION / 1 FLOOD GATE LOCATION NON-DEMOUNTABLE I I 35' LONG FLOOD GATE Fa> POST FOUNDATION I / I (OPENS WESTERLY) FLOOD FATE LOCATION I / 42' ¢U 44' LONGS11 GATE I I } DEMOUNTABLE POST FOUNDATION 6� o I EXISTING POWER POLE WE C) (OPENS WESTERLY) \\\\\ I � I EXISTING CURB 25 55' I FUTURE BERM X CiTY LDLLTS / } DEMOUNTABLE POST FOUNDATION —— ,�y EXISTING 'PALM SPRINGS 65' Cr � EXISTING EDGE OF PAVEMENT � —— EXISTING POWER POLE CITY LIMIT SIGN Z Z EXISTING EDGE OF PAVEMENT ( EXISTING 4 u I d CURB RETURN to Ga N J EJ II I r FLOOD GATES AT EAST END I w SEE DRAWING NO. 2 I I � (� 0 NOT TO SCALE NOTES FOR FLOOD GATES ON BAST END: K - INSTALL TWO PIPE SWING GATES (2 X 35' LONG) WITH THREE I Q d DEMOUNTABLE POST FOUNDATIONS AND TWO DEMOUNTABLE POST, I Q AND TWO NON-DEMOUNTABLE POSTS AND FOUNDATIONS. H - INSTALL GATE POSTS 2.50' BEHIND EDGE OF PAVEMENT. IN OPEN POSITION THE GATES SHALL BE PARALLEL WITH THE EDGE OF PAVEMENT. I I I NOTES FOR FIA)OD GATES ON WEST END: - INSTALL TWO PIPE SWING GATES (2 X 43.50' LONG) WITH THREE DEMOUNTABLE POST FOUNDATIONS AND TWO DEMOUNTABLE POST, AND TWO NON-DEMOUNTABLE POSTS AND FOUNDATIONS. - INSTALL GATE POSTS 2.50' BEHIND CURB FACE. IN OPEN POSITION THE GATES SHALL BE PARALLEL WITH THE CURB. CITY PROJECT NO. 05-26 GENE AUTRY TRAIL CENTERLINE -_---_ --_---_ VISTA CHINO FLOOD GATES FLOOD GATES AT WEST END CITY OF PALM SPRINGS 3 SEE DRAWING NO. 2 FLOOD GATE LOCATIONS AT WHITEWATER WASH L = 35' AT THE EASTERLY LOCATION L L = 43,50' AT THE WESTERLY LOCATION L/2 1 /5 5 1 S WELD 2 30 1 y DEMOUNTABLE n 7 ih 17 POST AND ? IT 6 ' WELD /fin/ FOUNDATION 14 CALTRADIAMOND OR SIGN (46'REFLECT SHEETING WITH EXISTING ASPHALT CONCRETE PAVEMENT C, DIAMON➢ GRADE REFLECT SHEETING } H 1 N DOUBLE PIPE SWING GATE m •. 1/4' WEEP HOLE FRONT VIEW _��17 v 4 1 WELD 4 11 •.:. .. ' .D 1 n 3' O POOR 2 DIAMETER SECTION C—C NKS NT$ 3 •24' a NOTES: ➢IAMETER ©GALVANIZE➢ IRON PIPE 2.375' ❑➢ (2' NOMINAL) GALVANIZED IRON PIPE 4 1/2' 011 (4' NOMINAL) GATE REST. ONE-HALF OF GALVANIZED IRON PIPE- 3.5' 06 (3' NOM). GRIND TO FIT VERTICAL POST. FIEL➢ WELD. ®PORTLAN➢ CEMENT CONCRETE 560-C-3250 (6 SACK) POSTS SHALL HAVE CAPS (1/4' STEEL PLATE WELDED TO TOP). 2 ©HINGE BOLTS 5/9'. WELL THREADED END AFTER INSTALLATION. WELD 'a O STANDARD HINGE CLAMPS. WELD THREADED END OF BOLTS AFTER INSTALLATION. 1 5 1• WELD __I—_ OH SYS' GALVANIZED CHAIN. FIEL➢ WELD ONE LINK TO VERTICAL POST PROVI➢E 3 4 OPENING IN LINKS FOR PA➢LOCK AS SHOWN.CHAIN SHALL BE OF SUFFICIENT • a LENGTH TO ENCIRCLE HORIZONTAL PIPE. O9 ENDS OF PIPES TO BE JOINED SHALL BE GROUND TO FIT NEATLY BEFORE WELDING. = - - )(B ( 0 MATERIALS AND CONSTRUCTION METHODS SHALL CONFORM TO THE APPLICABLE DETAIL J L \ PORTION OF SECTIONS 206-6, 210-3 AND 304-3 OF -STANDARD SPECIFICATIONS \ NOT TO SCALE FER PUBLIC WORKS CONSTRUCTION',LATEST E➢ITIDN. WELD WELD 11 S' STEEL PIPE SLEEVE, PIPE SLEEVES SHALL BE LOCATED AT STREET CENTER- t n n 12 10 3/4' AC LINE AND AT ROAD SHOULDER, SO TNAT GATE CAN BE LOCKED IN THE GATE O 13 0PEN AND GATE CLOSED POSITIONS THE POST WELLS SHALL BE COVERED BY 12 LJ 13 TYPICAL MONUMENT COVERS. 1/4- U-BAR, 3' LONG WELD TO EACH GATE FER LOCK CHAIN. MUNOMENT FRAME AND COVER TYPE ALHAMBRA FOUNDRY CO. A-2925 15 •;r: 1®THE 'RDA➢ CLOSED' SING SHALL BE FIXED TO THE GATE BY I/4- ZINC PLATED DETAIL ),A" �D 4 =-c U-BOLTS, AND SHALL BE CAPABLE OF BEING PULSED CLOSED. NOT TO SCALE 11 I /• 3/8' BOLT (4' LONG) WITH NUT FOR COVER REMOVAL (1/2' HOLE) 8, Il �a __ 16 PADLOCKS WILL BE PROVIDED BY THE CITY OF PALM SPRINGS 1/0- METAL SHEET PANELS CITY PROJECT NO. 05-26 -- - ?: VISTA CHINO FLOOD GATES • FOUNDATION COVER DETAIL CITY OF PALM SPRINGS L� FOR DEMOUNTABLE POSTS FDOUBLE PIPE SWING GATE — NOT TO SCALE �OF PALM 3p�Z Q�Ll FOUL To: Office of City Clerk From: Office of Procurement& Contracting Subject: Vista Chino Flood Gates Date: Much 3, 2006 Attached are the following documents: Contract Abstract 1,.2 sets of Contract documents executed by Contractor and notarized One Performance Bond One Original Payment Bond Confirmation of status of surety company Original Bid Copy of bid bond Specifications .Certificates of Insurance for the required policies I Confirmation of status of insurance carriers. I ' Copy of Bid Abstract Contractor License Information H:\USERS\WPPUBLIC\CONTRACT PROCESSING\Clerk transmittal ACSS Convention Center.wpd gat s w M E M O R A N D U M k� �4ifi'^p TO: Carrie Rovney, Engineering FROM: Kathie Hart Chief Deputy City Clerk DATE: March 6, 2006 SUBJECT: Alcorn Fence Company—A5236 Vista Chino Flood Gates— CP 05-26 cc: File Attached is a duplicate original for your records and/or distribution. We have retain the original for our records. Please feel free to contact our office if there are any concerns. /kdh Attachment II I I I I CONTRACT ABSTRACT Contract Company Name: Alcorn Fence Company Company Contact: Bob Jenkins Summary of Services: CP#05-26, Vista Chino Flood Gates Contract Price: $39,605 Funding Source: 133-4298- Contraet Term: February 15, 2007 Contract Administration Lead Department: Public Works &Engineering Contract Administrator: David Barakian/Marcus Fuller/John Hardcastle i Contract Approvals i CounciU Agency Approval Date: February 15, 2006 Minute Order : 7813 Agreement Number: 5236 Contract Compliance Exhibits: Signatures: e/✓, Insurance: Bonds: Contract prepared by: ,0 ,o Submitted on: 213101, By: