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HomeMy WebLinkAbout05125 - LYNCO ASSOC RAINMAKER FOUNATAIN REPAIRS FRANCES STEVENS PARK DOCUMENT TRACKING Page: 1 Report: One Document Detail April 24, 2006 Condition: Document Number A5125, Document# Description Approval Date Expiration Date Closed Date A5125 Repairs of the Rainmaker Fountain at Frances Stevens Park $35,000 07/06/2005 11/17/2005 Company Name: Lynco Associates Address: , , Group: COMMUNITY & ECONOMIC Service: In File xRef: COMMUNITY& ECONOMIC Ins. Status: No Certificate on file. Document Tracking Items: Due Completed Tracking Amount Amount Code Item Description Date Date Date Added Paid distrib to dept- in file 10/21/2005 to CM for sig 1011 9/2005 MO 7699- not prov by dept 07/0"0/2005 * * * * * * END OF REPORT * * * * * * Lynco Associates Purchase of public art AGREEMENT#5125 MO 7699 07-06-05 CONSTRUCTION MAINTENANCE CONTRACT CITY OF PALM SPRINGS REPAIRS OF RAINMAKER FOUNTAIN AT FRANCES STEVENS PARK LYNCO ASSOCIATES THIS CONTRACT is made and entered into, to be effective,this 1ST day of August, 2005, by and between LYNCO ASSOCIATES, a Corporation, hereinafter referred to as "Contractor" and the City OF PALM SPRINGS, a California charter City, hereinafter referred to as "City" in consideration of the promises and agreements hereinafter made and exchanged, the City and Contractor agree as follows: SECTION 1 GENERAL CONDITIONS A. Contractor certifies and agrees that all the terms, conditions, and obligations of this Contract, the Contract Documents, the location of the job site, and the conditions under which the work is to be performed have been thoroughly reviewed, and enters into this Contract based upon Contractor's investigation of all such matters and is in no way relying upon any opinions or representations of City. It is agreed that the Contract Documents represent the entire agreement. It is further agreed that the Contract Documents consist of this Contract, the Contractor's Proposal, the Scope of Work(Exhibit A), and the Special Provisions (Exhibit B), and that Contractor and its subcontractors, if any, will be and are bound thereby. In the event of any conflict between the express terms of the Contract and the Special Provisions, the terms of this Contract shall control. B. "Project" as used herein defines the entire scope of the work covered by all of the provisions of this Contract. Sections 1-2.2, 1-2.3, and 6.3 of Exhibit B shall not apply to this Contract. The term "City Engineer' as used in Exhibit B shall mean the City's Public Arts Director, who may consult with the City Engineer or the City Building Official as the i Public Arts Director deems necessary or desirable to assist in the review and inspection of any work performed or installed pursuant to this Contract. The legal address of the City's Public Arts Director is identified in Section 21 of this Contract. SECTION 2 MATERIALS AND LABOR I Contractor shall furnish, at Contractor's own expense, all labor and materials necessary, to construct and complete the Project, in good workmanlike and substantial order. If Contractor fails to pay for labor or materials when due, City may settle such claims by making demand upon the surety to this Agreement. In the event of the failure or refusal of the surety to satisfy said claims, City may settle them directly and deduct the amount of payments from the Contract price and any amounts due to Contractor. In the event City receives a stop notice from any laborer or material supplier alleging non-payment by Contractor, City shall be entitled to deduct all of its costs and expenses incurred relating thereto, including but not limited to administrative and legal fees. 01LtiGis`IAL. 100 SECTION 3 PROJECT The Project is generally described as the provision of labor, equipment, and materials to effect repairs to the Rainmaker Fountain and arroyo located at the Frances Stevens Park and more particularly described in Exhibit"A"to this Contract, entitled "Scope of Services." SECTION 4 TIME OF COMMENCEMENT AND COMPLETION Contractor agrees to commence the Project within 10 working days from the date set forth in the "Notice to Proceed" sent by City's Public Arts Director and shall diligently prosecute the work to completion within 30 calendar days from the date of the "Notice to Proceed," excluding delays caused or authorized by the City as set forth in Sections 6, 7, and 8 hereof. SECTION 5 I TIME IS OF THE ESSENCE Time is of the essence of this Contract. As required by the Contract, Contractor I shall do all things necessary and incidental to the prosecution of Contractor's work in conformance with this Contract. Contractor shall coordinate the work covered by this j Contract with that of all subcontractors and the City, in a manner that will facilitate the efficient completion of the entire work in accordance with Section 4 herein. City shall have jthe right to assert complete control of the premises on which the work is to be performed and shall have the right to decide the time or order in which the various portions of the work shall be installed or the priority of the work of other subcontractors, and, in general, all matters representing the timely and orderly conduct of the work of Contractor on the premises. SECTION 6 EXCUSABLE DELAYS A. Contractor shall be excused for any delay in the prosecution or completion of the Project caused by acts of God; inclement weather; damages caused by fire or other casualty for which Contractor is not responsible; any act, neglect, or default of the City; late delivery of materials required by this Contract to be furnished by City; combined action of the workers in no way caused by or resulting from default or collusion or action on the part of Contractor; a lockout by City; or any other delays reasonably unforeseen by Contractor and beyond Contractor's reasonable control. B. City shall extend the time fixed in Section 4 for completion of the Project by the number of days Contractor has thus been delayed, provided that Contractor presents a written request to City's Public Arts Director for such time extension within five (5) days of the commencement of such delay and City's Public Arts Director finds that the delay is 2 justified. City's Public Arts Director's decision will be conclusive on the parties to this Contract. Failure to file such request within the time allowed shall be deemed a waiver of the claim by Contractor. C. No claims by Contractor for additional compensation or damages for delays will be allowed unless Contractor satisfies City's Public Arts Director that such delays were unavoidable and not the result of any action or inaction of Contractor and that Contractor took all available measures to mitigate such damages. Extensions of time and extra compensation as a result of incurring undisclosed utilities will be determined in accordance with general practice of the City in the administration of public works contracts. The City's Public Arts Director's decision will be conclusive on all parties to this Contract. SECTION 7 iEXTRA WORK i A. The Contract price as set forth in Section 10, includes compensation for all work performed by Contractor, unless Contractor obtains a written change order signed by the City's Public Arts Director, approved by the City Manager, specifying the exact nature of the extra work and the amount of extra compensation to be paid all as more particularly set forth in Section 8 hereof. B. City shall extend the time fixed in Section 4 for completion of the Project by the number of days reasonably required for Contractor to perform the extra work, as determined by City's Public arts Director. The decision of the City's Public Arts Director shall be final. SECTION 8 CHANGES IN PROJECT A. City may at anytime, by written order designated or indicated to be a change order, make any change in the work within the general scope of the Contract, including but not limited to changes: 1) In the Scope of Work (Exhibit A); 2) In the time, method, or manner of performance of the work; 3) In the City-furnished facilities, equipment, materials, services, or site; or 4) Directing acceleration in the performance of the work. B. A change order shall also be any other written order (including direction, instruction, interpretation, or determination) from the City which causes any change, provided Contractor gives the City written notice, in the manner described in Section 6 stating the date, circumstances, and source of the order and that Contractor regards the order as a change order. C. Except as provided in this Section 8, no order, statement, or conduct of the City. The City's Public Arts Director, or any other City representative shall be treated as a change under this Section 8 or entitle Contractor to an equitable adjustment. 3 D. If any change identified in paragraph (A)of this Section 8 causes an increase or decrease in Contractor's actual direct cost or the time required to perform any part of the work under this Contract, whether or not changed by any order, the City shall make an equitable adjustment and modify the Contract in writing. Except for claims based on defective specifications, no claim for any change under paragraph (B) above shall be allowed for any costs incurred more than 5 days before the Contractor gives written notice as required in paragraph (B). In the case of defective specifications for which the City is responsible, the equitable adjustment shall include any increased direct cost Contractor reasonably incurred in attempting to comply with those defective specifications. E. If Contractor intends to assert a claim for an equitable adjustment under this Section 8, it must, within 5 days after receipt of a written change order under paragraph (A) or the furnishing of a written notice under paragraph (B), submit a written statement to the City's Public Arts Director setting forth the general nature and monetary extent of such claim. The City's Public Arts Director may extend the 5 day period. Contractor may include the statement of claim in the notice under paragraph (B) of this Section 8. I F. No claim by Contractor for an equitable adjustment shall be allowed if made after final payment under this Agreement. G. Contractor hereby agrees to make any and all changes, furnish the materials, and perform the work that City may require without nullifying this Contract. Contractor shall adhere strictly to this Contract unless a change therefrom is authorized in writing by the j City. Under no condition shall Contractor make any changes to the Project, either in j additions or deductions, without the written order of the City and the City shall not pay for j any extra charges made by Contractor that have not been agreed upon in advance in writing by the City. Contractor shall submit immediately to the City written copies of its firm's cost or credit proposal for change in the work. Disputed work shall be performed as ordered in writing by the City and the proper cost or credit breakdowns therefor shall be submitted without delay by Contractor to City. SECTION 9 LIQUIDATED DAMAGES FOR DELAY The parties agree that if the total work called for underthis Contract, in all parts and requirements, is not completed within the time specified in Section 4 plus the allowance made for delays or extensions authorized under Sections 6, 7 and 8, the City will sustain damage which would be extremely difficult and impracticable to ascertain. The parties therefore agree that Contractor will pay to City the sum of $100.00 Dollars per day, as liquidated damages, and not as a penalty, for each and every calendar day during which completion of the Project is so delayed. Contractor agrees to pay such liquidated damages and further agrees that City may offset the amount of liquidated damages from any monies due or that may become due Contractor under this Contract. SECTION 10 CONTRACT PRICE AND METHOD OF PAYMENT 4 City agrees to pay and the Contractor agrees to accept as full consideration for the faithful performance of this Contract, subject to any subsequent additions or deductions as provided in approved change orders, the sum of Thirty Five Thousand Dollars ($35,000.00). The payment shall be made in a lump sum, due and payable within thirty (30)days of completion and acceptance of the work. Contractor shall submit an invoice to the City's Public Arts Director after the work has been completed and accepted bythe City. j SECTION 11 COMPLETION j A. Within 10 days after the contract completion date of the Project, Contractor shall file with the City's Public Arts Director its affidavit stating that all workers and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or material, except those certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Stop Notices which have been filed underthe provisions I of the statutes of the State of California. City's Public arts Director may require affidavits or certificates of payment and/or releases from any subcontractor, laborer or material supplier. B. Upon receipt of Contractor's affidavit, City's Public Arts Director shall prepare a Final Closeout Statement setting forth the particular details of the completed project, j including but not limited to, description and amount of all change orders, the final amounts of the contract, as amended, the time and dates of the total agreement and the identification of any unresolved claims or disputes. Upon preparation of the Final Closeout Statement duly executed by Contractor, City's Public Arts Administrator shall submit the Project and the Final Closeout Statement to the City Council for acceptance of the job as complete. SECTION 12 SURETY BONDS Contractor shall, before entering upon the performance of this Agreement, furnish bonds approved by the City Attorney-one in the amount of one hundred percent(100%)of the Contract price bid, to guarantee the faithful performance of the work, and the other in the amount of one hundred percent(100%)of the Contract price bid to guarantee payment of all claims for labor and materials furnished. This Contract shall not become effective until such bonds are supplied to and approved by the City. Bonds must be issued by a surety authorized by the State Insurance Commissioner, to do business in California, and have and maintain, throughout the life of the project, at least an A- policyholder's rating, or better, and a financial rating of Class VII, or better, in accordance with the most current A.M. Best's Rating Guide. SECTION 13 INSURANCE A. Contractor is also aware of the provisions of Section 3700 of the Labor Code which requires every employerto be insured against liability for Workers'Compensation or 5 undertake self-insurance in accordance with the provisions of that Code and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors shall carry workers' compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against City, its officers, agents and employees and shall issue an endorsement certificate to the policy evidencing same. C. Contractor shall at all times carry, on all operations hereunder, bodily injury, including death, and property damage liability insurance, including automotive operations, bodily injury and property damage coverage. All insurance coverage shall be in amounts specified by City in the Insurance Requirements and shall be evidenced by the issuance of i a certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to City for all operations, subcontract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said j insurance coverage obtained by the Contractor, excepting workers' compensation coverage, shall name the City, its Directors, Officers, Agents, Employees, Engineers, and Consultants for this contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees, as determined by the City, as additional insureds on said policies. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the Iforegoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled without thirty (30) days written notice to City. E. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed and accepted by City. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of City by Contractor under Section 14 of this Contract. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall subscribe for and maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and issued by a company admitted in California and having an A.M. Best's Guide Rating of"A-" Class VII or better: However, City will accept State Compensation Insurance Fund, for the required policy of Worker's Compensation subject to City's option to require a change in insurer in the event the State Fund financial rating is decreased below "B". Workers' Compensationln accordance with In Accordance with the Workers' Compensation Act of the State of California - Minimum of $1,000,000. Public Liability, in the form of either $500,000.00 Combined Single Limit, per Comprehensive General Liability or occurrence for bodily injury, death, and Commercial General Liability written on a property damage.. per-occurrence basis 6 Automobile Liability, including non-owned $500,000.00 combined single limit per and hired vehicles occurrence. F. City or its representatives shall at all times have the right to inspect and receive the original or a certified copy of all said policies of insurance, including certificates. Contractor shall pay the premiums on the insurance hereinabove required. SECTION 14 RISK AND INDEMNIFICATION All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall beat the risk of Contractor alone. Contractor agrees to save, indemnify, and keep City, its Directors, Officers, Agents, Employees, Engineers, and t Consultants for this contract, and all public agencies from whom permits will be obtained and their Directors, Officers, Agents and Employees harmless against any and all liability, claims,judgments, costs and demands, including demands arising from injuries or death of persons (Contractors' employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigation arising through the sole negligence or sole willful misconduct of City and will make good to and reimburse City for any expenditures, including reasonable attorneys' fees City may incur by reason of such matters, and if requested by City, will defend any such suits at the sole cost and expense of Contractor. f In the event Contractor or its insurer refuses or fails to provide a legal defense to City after receiving written notice of the legal action and a tender and demand for defense, City shall have the right to select counsel of its own choice to represent all the interests of the City. Contractor agrees that the amount of legal costs and expenses, including attorneys'fees, may be withheld by Cityfrom any contract amounts due and owing to Contractor until such time as a final determination is made as to the responsibility for payment of said fees and costs. SECTION 15 TERMINATION A. This Contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) Not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate; and (2) An opportunity for consultation with the terminating party prior to termination. B. This Contract may be terminated in whole or in part in writing by the City for its convenience, provided that the Contractor is given (1) Not less than ten (10) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate; and (2) An opportunity for consultation with the terminating party prior to termination. 7 C. If termination for default or convenience is effected by the City, an equitable adjustment in the price provided for in this Contract shall be made, but(1) No amount shall be allowed for anticipated profit on unperformed services or other work; and (2) Any payment due to the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's default. If termination for default is effected by the Contractor, the equitable adjustment shall include a reasonable profit for services or other work performed, but no adjustment will be allowed for anticipated profits. The equitable adjustment for any termination shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred bythe Contractor relating to commitments which had become firm prior to the termination. I D. Upon receipt of a termination action under paragraphs (A) or(B) above, the Contractor shall (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the Contractor in performing this Contract whether j completed or in process. E. Upon termination under paragraphs (A)or(B) above, the City may take over the work and may award another party an agreement to complete the work under this Contract. SECTION 16 WARRANTY A. The Contractor agrees to perform all work under this Contract in accordance with the Contract. B. The Contractor guarantees for a period of at least one(1)year from the date of acceptance of the Project as complete by City, that the completed work is free from all defects due to faulty materials, equipment, or workmanship performed or installed by the Contractor and that Contractor shall promptly make whatever adjustments or corrections which may be necessary to cure any defects, including repairs of any damage to other parts of the system resulting from such defects. The City's Public Arts Director shall promptly give notice to the Contractor of observed defects. In the event that the Contractor fails to make adjustments, repairs, corrections, or other work made necessary by such defects, the City may do so and charge the Contractor the cost incurred. The performance bond shall remain in full force and effect through the guarantee period. C. The Contractor's obligations under this clause are in addition to the Contractor's other express or implied assurances under this Contract or state law and in no way diminish any other rights that the City may have against the Contractor for faulty materials, equipment, or work. 8 SECTION 17 ASSIGNMENT No assignment by the Contractor of this Contract or any part hereof, or of funds to be received hereunder, will be recognized by the City unless such assignment has had prior written approval and consent of the City and the surety. SECTION 18 ATTORNEYS' FEES If any action is brought against the Contractor or any Subcontractor to enforce a Stop Notice or Notice to Withhold, which names the City as a party to said action, the City shall be entitled to reasonable attorney's fees, costs, and necessary disbursements arising out of the defense of such action by the City. The City shall be entitled to deduct its costs I for any Stop Notice filed, whether court action is involved or not. I SECTION 19 RESOLUTION OF DISPUTES I I The City and the Contractor shall comply with the provisions of California Public Contracts Code Section 20104 et seq., regarding the resolution of construction claims for any claims which arise between the Contractor and the City. SECTION 20 j SAFETY & HEALTH A. In connection with the performance of this contract, City shall have the authority to enter the worksite at any time for the purpose of identifying the existence of conditions, either actual or threatened, that may present a danger or hazard to any and all employees. Contractor agrees that City, in its sole authority and discretion, may orderthe immediate abatement of any and all conditions that may present an actual or threatened danger or hazard to any and all employees at the worksite. B. Contractor acknowledges that provisions of Section 6400 of the California Labor Code, which requires that employers shall furnish employment and a place of employment that is safe and healthful for all employees working therein. In the event City identifies the existence of any condition that presents an actual or threatened danger or hazard to any or all employees at the worksite, City is hereby authorized to order the immediate abatement of that actual or threatened condition pursuant to this Section. City may also, at its sole authority and discretion, issue an immediate stop work order to Contractor to ensure that no employee working at the worksite is exposed to a dangerous or hazardous condition. Any stop work order issued by City to Contractor in accordance with the provisions of this Section, shall not give rise to any claim or cause of action for delay damages by Contractor or Contractor's agents or subcontractors against City. 9 SECTION 21 NOTICES Any notice required or permitted under this Contract may be given by ordinary mail at the address set forth below. Any party whose address changes shall notify the other party in writing. TO City: City of Palm Springs 3200 E. Tahquitz Canyon Way Post Office Box 2743 I Palm Springs, CA 92263-2743 Attn: Public Arts Administrator TO CONTRACTOR: Lynco Associates 14952 Wilson Street Midway City, CA 92655 Attn: Bruce Cossell 10 IN WITNESS WHEREOF, the parties hereto have executed this Construction and Maintenance Contract as of the date first hereinabove written. CONTRACTOR: BY: I���) G �✓ I I City of Palm Springs a municipal corporation B' City Manager APPROVED BY CITY COUNCIL -A; �,.�, mo 1t3� 1•b•o� AStay ty Clerk 10 1 zoo Approved As To Form: Office of th Fity Attorney By �� i i i I CONTRACTOR: Lynco Associates Check one:_Individual_Partnership_Corporation 14952 Wilson Street Midway City, CA 92655 I Corporations require two notarized signatures, one from A and one from B: A. Chairman of Board, President, or any Vice President: and B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer,or Chief Financial Officer). I Signature(notarized) Signature(notarized) !, Name: h�L�h.P, e Y15 S eA t Name: 1)clN 2. �n \ 1 e r Title: r C?S �,A P�A)T Title: Se C-C C_T Address: l� lS 1 ;v �S�tU \rem i Address: r k cia059 State of CALIFORNIA 1 State of CALIFORNIA } County of Orange --Ass County of Orange }ss SUBSCRIBED AND SWORN (or affirmed) before me SUBSCRIBED AND SWORN (or affirmed) before me on this 11 in day of October, 2005 by on this 11`", day of October,2005 by Bruce Cossell Dale Schildmeier Personally known to me or proved to me on the basis Personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who of satisfactory evidence to be the person(s)who appeared before me. appeared before me. Notary Signature: t � (._�� Notary Signature: Notary Seal: Notary Seal: 'c...., . LYNN a , . Commissi'l on#16p9703 ` �•- e Nofary Public•Collfomlo Orange County tiny COmm.Expires D.LYNN Sep 29,2009 z`__ Commission# 1609703 Notary Public,California M Orange County Y Comm.Expires Sep 29,2009� �,w;..a, ,�, � ., �, .. _ .. _� � i 'I . EXHIBIT "A" SCOPE OF SERVICES Contractor will provide labor, equipment and materials to effect repairs to the Rainmaker Fountain and arroyo located at the Frances Stevens Park as follows: Interior Fountain Surfaces -- basin, arroyo and lower pool A. Completely remove the existing coating of the interior surfaces only by means of abrasive blasting and grinding. B. Install an injection port system at all visible and exposed cracks and cap seal to contain injection resin. C. Pressure-inject corrosion inhibitor, Cortect 2020, into each port until rejection. D. Pressure-inject all cracks by means of pneumatically operated injection machines to create full-depth structural and monolithic weld of all cracks. E. Remove the injection port system and grind/sand the sealer material flush with existing surface. F. Install new clear coating system, Epmar 1500 series, with quartz sand to match original color of structure. Exterior Fountain Surfaces A. Clean the exterior of the fountain and arroyo by pressure washing. B. Apply corrosion inhibitor, Cortect 2020, to all areas where reinforcing steel has caused visible rust stains. C. Apply two (2)costs of Epmar's silane sealerto the entire exterior surfaces of the fountain and arroyo to match original color of structure. 12 i EXHIBIT "B" CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING DEPARTMENT SPECIAL PROVISIONS (REPAIRS OF RAINMAKER FOUNTAIN AT FRANCES STEVENS PARK) CITY PROJECT NO. 00-00 SECTION 1 -- TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 GENERAL 1-1.1 Standard Specifications. -The Work hereunder shall be done in accordance with the Standard Specifications for Public Works Construction ("Green book"), 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 with, the following Special Provisions. In case of conflict between the Standard Specifications for Public Works Construction ("Greenbook")and these Special Provisions, the Special Provisions shall take precedence over, and be used in lieu of, such conflicting portions. 1-2 LEGAL ADDRESS 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. 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 Engineering Field Supervisor, 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. construction Maintenance Contract - Repairs of Rainmaker Fountain at Frances Stevens Park - PAGE 1 '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. Owner- The Owner shall be the Agency, as defined above. Working Day- A Working Day is defined as any day, except as follows: (a) Saturdays, Sundays, and any designated legal holiday officially observed by the City of Palm Springs. Designated legal holidays are: New Year's Day (January 1) Martin Luther King Jr. Day (Third Monday in January) Lincoln's Birthday (February 12) President's Day(Third Monday in February) Memorial Day (Last Monday in May) Independence Day(July 4) Labor Day (First Monday in September) Veteran's Day (November 11) Thanksgiving Day (Last Thursday in November) Day after Thanksgiving Day Christmas Eve Day (December 24) Christmas Day(December 25) When a designated holidayfalls 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 there from adverse to the current controlling operation or construction Maintenance contract - Repairs of Rainmaker Fountain at Frances Stevens Park - PAGE 2 operations, as determined by the Engineer, from proceeding with at least 75 percent of the normal labor and equipment force engaged on such operation or operations for at least 60 percent of the total daily time being currently spent on the controlling operation or operations. END OF SECTION - construction Maintenance contract - Repairs of Rainmaker Fountain at Frances Stevens Park - PAGE 3 SECTION 2 -- SCOPE AND CONTROL OF WORK 2-2 CONTRACT BONDS 2-2.1 BONDING COMPANY WAIVER OF RIGHT OF NOTIFICATION The following shall be added at the end of Section 2-4 of the Standard Specifications: "The Contractor shall ensure that its Bonding Company is familiarwith all of the terms and conditions of the Contract Documents, and shall obtain a written acknowledgement by the Bonding Company that said Bonding Company thereby waives the right of special notification of any changes or modifications of the Contract, or of extensions of time, or of decreased or increased Work, or of cancellation of the Contract, or of any other act or acts by the City or any of its authorized representatives." 2-2.2 EXECUTIONS OF BONDS Bonds shall be executed by either: (a)two(2)or more sufficient personal sureties; (b)one sufficient admitted surety insurer; or(c) a combination of sufficient personal sureties and admitted surety insurers. If a corporate surety insurer is used, a County Clerk's certificate evidencing that it is an admitted surety insurer shall be submitted with the bonds. If a personal surety is used, all requirements set out in Code of Civil Procedure Section 995.510 shall be met to the satisfaction of the City Engineer. 2-3 PRECEDENCE OF CONTRACT DOCUMENTS The provisions of Section 2-5.2 of the Standard Specifications shall be revised to read as Follows: In resolving disputes resulting from conflicts, errors, or discrepancies in any of the Contract Documents, the document highest in precedence shall control. The order of precedence shall be as listed below: 1. Change Orders or Work Change Directives 2. Agreement 3. Addenda 4. Contractor's Bid (Bid Forms) 5, Special Provisions 6. Notice Inviting Bids 7. Instructions to Bidders 8. Plans (Contract Drawings) 9. Standard Plans 10. Standard Specifications 11. Reference Documents SCOPE AND CONTROL OF WORK SPECIAL PROVISIONS - SECTION 2 - PAGE I With reference to the Drawings, the order of precedence shall be as follows: 1. Figures govern over scaled dimensions 2. Detail drawings govern over general drawings 3. Addenda or Change Order drawings govern over Contract Drawings 4. Contract Drawings govern over Standard Drawings 5. Contract Drawings govern over Shop Drawings 2-4 SUBSURFACE DATA Section 2-7 of the Standard Specifications shall be revised to read as follows: "2-7.1 Limited Reliance by Contractor. - Soils reports and other reports of subsurface conditions may be made available for inspection by the Contractor. HOWEVER, SUCH REPORTS AND DRAWINGS ARE NOT CONTRACT DOCUMENTS. The Contractor may rely upon the general accuracy of the "technical data"contained In such reports and drawings only where such "technical data" are specifically identified in the Special Provisions. Except for such reliance on such "technical data,"the Contractor may not rely upon or make any claim against the City, the Engineer, nor any of the Engineer's Consultants with respect to any of the following: 2-7.1.1. Completeness. -The completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto, or 2-7.1.2. Other Information. - Any other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings, or 2-7.1.3. Interpretation. -Any interpretation by the Contractor of such "technical data," or any conclusion drawn from any"technical data" or any such data, interpretations, opinions or information." 2-5 TEMPORARY ACCESS OR CONSTRUCTION RIGHTS-OF WAY Unless indicated otherwise, all temporary access or construction rights-of-way, other than those shown on the Plans, which the Contractor may find it requires during progress of the Work, shall be arranged by and paid for entirely by the Contractor, at its own expense. 2-6 AUTHORITY OF THE ENGINEER The Engineer will decide all conflicts which may arise as to(1)the quality or acceptability of SCOPE AND CONTROL OF WORK SPECIAL PROVISIONS - SECTION 2 - PAGE 2 the materials or equipment furnished, (2) the performance of the Work, (3)the manner of performance and rate of progress of the Work, (4) the interpretation of the Plans, Specifications, and Special Provisions, (5)the acceptable fulfillment of the Contract on the part of the Contractor, and (6) compensation of the Contractor. The Engineer's decision shall be final, and he shall have the authority to enforce and make effective such decisions and orders which the Contractor may fail to carry out promptly. 2-8 INSPECTION The Engineer shall have complete and safe access to the Work at all times during construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the Specifications, the Special Provisions, and the Plans. All labor, materials, and equipment furnished shall be subject to the Engineer's inspection. When the Work is substantially completed, a representative of the Engineer will make the final inspection. 2-9 SITE EXAMINATION The Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work, and the general and local conditions, such as, but not limited to, all other matters which could in any way affect the Work or the costs thereof. The failure of the Contractor to acquaint itself with all available information regarding any applicable existing or future conditions shall not relieve it from the responsibility for properly estimating either the difficulties, responsibilities, or costs of successfully performing the Work according to the Contract Documents. 2-10 FLOW AND ACCEPTANCE OF WATER Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, and has prepared its Bid accordingly; and the Contractor, by submitting such a Bid, assumes all said risk. 2:.11 SUBMITTALS The following provisions shall replace Section 9-2 "Lump Sum Work" of the Standard Specifications: On lump sum items, the Contractor shall submit, for approval by the Engineer, a Schedule of Values, or lump sum price breakdown, which will serve as the basis for progress payments and shall be incorporated into a form of Application for Payment acceptable to the Engineer. Such Schedule of Values shall be submitted for approval at the Pre- construction Conference and must meet the approval of the Engineer before any payments SCOPE AND CONTROL OF WORK SPECIAL PROVISIONS - SECTION 2 - PAGE 3 can be made to the Contractor. - END OF SECTION - SCOPE AND CONTROL OF WORK SPECIAL PROVISIONS - SECTION 2 - PAGE 4 SECTION 3 -- CHANGES IN WORK (BLANK) END OF SECTION - CHANGES IN WORK SPECIAL PROVISIONS - SECTION 3 - PAGE 1 SECTION 4 -- CONTROL OF MATERIALS 4-1 TRADE NAMES OR EQUALS 4-1.1 Substitutions. - Subparagraph 2 of Section 4-1.6 of the Standard Specifications shall be amended to read as follows: Whenever any particular material, process, or equipment is indicated by a patent, proprietary, or brand name, or bythe 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 bythe Engineer,the time for submission of data substantiating a request for substitution of an "or equal' item shall be not more than 20 days after bid opening. 4-1.2 Submittals for Approval of"Or Equals."-Should the Contractor request approval for "or equal" products, it shall submit data substantiating such request to the Engineer as per Subsection 4-1.1, above. Data for approval of"or equal' products shall include complete calculations, technical specifications, samples, or published documents relating to the performance and physical characteristics of the proposed substitute. The appearance of manufacturer and product names or trademarks, details of materials or services, or product descriptions in either the Plans or the Specifications are for reference only and do not constitute an endorsement of same by the Engineer or the City. 4.2 MATERIALS 4-2.1 Quantities. - The Contractor shall submit with each of its billing invoices, a corrected list of quantities, verified by the Engineer, for unit price items listed in the Bid Schedule. 4-2.2 Placing Orders. -The Contractor shall place the order(s)for all long-lead supplies, materials, and equipment, for any traffic signing, striping, legends, and traffic control facilities within 3 working days after the award of Contract by the City. The Contractor shall furnish the Engineer with a statement from the vendor(s)that the order(s)for said supplies, materials, and equipment has been received and accepted by said vendor(s) within 15 working days from the date of said award of Contract. - END OF SECTION - CONTROL OF MATERIALS SPECIAL PROVISIONS - SECTION 4 - PAGE 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 the California Government Code, any contract to which a public agency as defined in Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids. The agency will compensate the Contractor for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. The Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the public agency or the owner of the utility to provide for removal or relocation of such utility facilities. Nothing herein shall be deemed to require the public agency to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve the public agency from identifying main or trunk lines in the plans and specifications. If the Contractor while performing the contract discovers utility facilities not identified by the public agency in the contract plans or specifications, he or she shall immediately notify the public agency and utility in writing. The public utility, where they are the owner, shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price." (b) Removal, Relocation, or Protection of Existing Utilities. -The following provisions shall The 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. UTILITIES SPECIAL PROVISIONS - SECTION 5 - PAGE I The public utility, where they are the owner, shall have the sole discretion to perform repairs or relocation work, or permit the Contractor to do such repairs or relocation work at a reasonable price." 5-2 TEMPORARY SUPPORT OF UTILITIES The Plans identify the approximate locations of existing utilities that parallel or cross the Work. These locations are based on the best information available to the City. The Contractor shall verify these locations. During construction of the Work, some of the existing utilities may fall within the prism of trenches. If the existing utility does fall within the Contractor's trenches, the utility involved shall be supported properly by the Contractor to the satisfaction of the utility owner. The method of support of the utility, precautions to be taken during trench backfill and compaction, etc., shall be per the utility owner's requirements. The Contractor shall contact the utility owner should it anticipate such exposure of any of the existing utilities. 5-3 UTILITY LOCATION AND PROTECTION Locations of existing utilities shown on the Plans are approximate and may not be complete. Therefore, the Contractor shall notify Underground Service Alert at 1-800-227- 2600 a minimum of 2 working days prior to any excavation in the vicinity of any potentially existing underground facilities in order to verify the location of all utilities prior to the commencement of the Work. The Contractor shall be responsible for coordinating its work with all utility companies during the construction of the Work. All water meters, water valves, fire hydrants, Southern California Edison vaults, General Telephone vaults, Southern California Gas Company valves, and other subsurface structures shall be protected by the Contractor as specified in the Special Provisions. - END OF SECTION - UTILITIES SPECIAL PROVISIONS - SECTION 5 - PAGE 2 SECTION 6 -- PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 LIQUIDATED DAMAGES 6-1.1 Amount. - The amount of liquidated damages as specified in Section 6-9 of the Standard Specifications shall not apply, but shall be as stated in the Agreement. 6-2 TIMES OF OPERATION 6-2.1 Hours of Operation. - It shall be unlawful for any person to operate, permit, use, or ,cause to operate any of the following, other than between the hours of 7:00 a.m. to 3:30 p.m., Monday through Friday, with no work allowed on City-observed holidays, unless otherwise approved by the Engineer: 1. Powered Vehicles 2. Construction Equipment 3. Loading and Unloading Vehicles 4. Domestic Power Tools 6-3 NOTIFICATION The Contractor shall notify the City and the owners of all utilities and substructures not less than 2 working days prior to commencing the Work. The following list of names and telephone numbers is intended for the convenience of the Contractor only and is not guaranteed to be complete or correct: CITY OF PALM SPRINGS Pete Agres, Street Maintenance Manager (760) 323-8253 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. Kim Hoover (760) 202-4248 SOUTHERN CALIFORNIA GAS COMPANY Attention: Mr. Ken Kennedy (909) 335-7716 TIME-WARNER CABLE Attention: Mr. Dale Scrivner (760) 340-1312 WHITEWATER MUTUAL Attention: Mr. Stan Clark (760) 325-5880 SPECIAL PROVISIONS - SECTION 7 - PAGE I SPRINT Attention: Mr. Lynn Durrett (909) 873-8022 UNDERGROUND SERVICE ALERT (800) 227-2600 6-4 EMERGENCY INFORMATION The names, addresses, and telephone numbers of the Contractor, sub-contractors, their owners, officers, and superintendents, shall be filed with the Engineer at the Pre- Construction Conference. END OF SECTION - SPECIAL PROVISIONS - SECTION 7 - PAGE I SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR 7-1 General. -The provisions of Section 7-13 of the Standard Specifications shall be revised to read as follows: "The Contractor shall keep itself fully informed of all existing and future State and Federal laws, and county and municipal ordinances and regulations,which in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any way affect the conduct of the Work, and of all such orders and decrees of bodies ortribunals having anyjurisdiction or authority over the same. He or she shall at all times observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any or all authority over the Work, and shall indemnify the City and all officers and employees thereof connected with the Work, including, but not limited to, the City Engineer, against any claim or liability arising from, or based on, the violation of any such law, ordinance, regulation, order, or decree, whether by itself or its employees. If any discrepancy or inconsistency is discovered in the Plans, Drawings, Special Provisions, or Contract forthe Work in relation to any such law, ordinance, regulation, order, or decree, the Contractor shall forthwith report the same to the Engineer in writing." 7•2 Hours of Labor.— Eight hours labor constitutes a legal day's work. The Contractor shall comply with all applicable provisions of Section 1810 to 1815, inclusive, of the California Labor Code relating to working hours. The Contractor shall forfeit, as a penalty to the City, $25.00 for each worker employed in the execution of the contract by the Contractor or by any subcontractor under him for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day or 40 hours in any one calendar week, unless such worker receives compensation for all hours worked in excess of 8 hours per day, or 40 hours during any one week at not less than one and one-half times the basic rate of pay. 7•3 Prevailing Wage Rates Not Applicable—Funding for the Work is with all local funds and, as provided under the city Charter, will NOT require compliance with the prevailing wage requirements of the State of California. T-4 Travel and Subsistence Payments. - As required by Section 1773.8 of the California Labor Code, the Contractor shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Article. To establish such travel and subsistence payments, the representative of any craft, classification, or type of worker needed to execute the Contract shall file with the Department of Industrial Relations fully 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. SPECIAL PROVISIONS - SECTION 7 - PAGE 1 7-5 Unpaid Claims. - If, at any time prior to the expiration of the period for service of a Stop Notice, there is served upon the City a Stop Notice, as provided in Sections 3179 through 3210 of the Civil Code of the State of California, the City shall, until the discharge thereof, withhold from the moneys under its control so much of said moneys due or to become due the Contractor under this Contract, as shall be sufficient to answer the claim stated in such Stop Notice, and to provide for the reasonable cost of any litigation thereunder, provided, that if the Engineer shall, in its discretion, permit the Contractor to file with the City the bond referred to in ection 3196 of the Civil Code of the State of California, said moneys shall not thereafter be withheld on account of such Stop Notice. 7-6 Retainage From Monthly Payments. - Pursuant to Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any money withheld by the City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent,who shall return such securities to the Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement for in-lieu construction payment retention, provided by the City between the escrow agent and the City, which provides that no portion of the securities shall be paid to the Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City will not certify that the Contract has been satisfactorily completed until at least 30 days after filing by the City of a Notice of Completion. Securities eligible for investment under Public Contract Code Section 22300 shall be limited to those listed in Section 16430 of the Government Code, and to bank or savings and loan certificates of deposit. 7-7 Contracts for Trenches or Excavations; Notice on Discovery of Hazardous Waste or Other Unusual Conditions; Investigations; Change Orders; Effect on Contract. - (a)As required under Section 7104 of the Public Contract Code, in any public works contract of a local public entity, which involves the digging of trenches or other excavations that extend deeper than 1.2 meters (4 feet) below the surface, shall be subject to the following conditions: the Contractor shall promptly, before the conditions are disturbed, notify the public entity in writing of such conditions. (b) It has been determined that the OSHA soil classification in Palm Springs has designated to be Type C soil throughout the City. All protective measures shall be based upon that determination. 7•8 Resolution of Construction Claims. - As required under Section 20104, et seq., of the California Public Contract Code, any demand of$375,000 or less, by the Contractor for a time extension, payment of money, or damages arising from the work done by or on behalf of the Contractor pursuant to this Contract, or payment of an amount which is disputed by the City, shall be processed in accordance with the provisions of said Section 20104, et seq., relating to informal conferences, non-binding judicially-supervised mediation, and judicial arbitration. A single written claim shall be filed under this Article prior to the date of final payment for all demands resulting out of the Contract. Within 30 days of the receipt of the claim, the City may request additional documentation SPECIAL PROVISIONS - SECTION 7 - PAGE 1 supporting the claim, or relating to defenses or claims the City may have against the Contractor. If the amount of the claim is less than $50,000, the Contractor shall respond to the request for additional information within 15 days after receipt of the request. The Contractor shall respond to the request within 30 days of receipt, if the amount of the claim exceeds $50,000, but is less than $375,000. Unless further documentation is requested, the City shall respond to the claim within 45 days, if the amount of the claim is less than $50,000, or within 60 days, if the amount of the claim is more than $50,000, but less than $375,000. If further documentation is requested,the City shall respond within the same amount of time taken by the Contractor to respond, or 15 days, whichever is greater, after receipt of the information, if the claim is less than $50,000. If the claim is more than $50,000, but less than $375,000, and further documentation is requested by the City, the City shall respond within the same amount of time taken by the Contractor to respond, or 30 days, whichever is greater. If the Contractor disputes the City's response, or the City fails to respond, the Contractor may demand an informal conference to meet and confer for settlement of the issues in dispute. The demand shall be served on the City, within 15 days after the deadline of the City to respond, or within 15 days of the City's response, whichever occurs first. The City shall schedule the meet and confer conference within 30 days of the request. If the meet and confer conference does not produce a satisfactory request, the Contractor may pursue the remedies authorized by law. 7-9 Concrete Forms, Falsework, and Shoring. - The Contractor shall comply fully with the requirements of Section 1717 of the Construction Safety Orders,State of California, Department of Industrial Relations, regarding the design of concrete forms, falsework, and shoring, and the inspection of same prior to the placement of concrete. Where the said Section 1717 requires the services of a civil engineer registered in the State of California to approve design calculations and working drawings of the falsework or shoring system,or to inspect such system prior to the placement of concrete, the Contractor shall employ a registered civil engineer for these purposes, and all costs therefor shall be included in the Bid item price named in the Contract for completion of the Work as set forth in the Contract Documents. 7-10 INSURANCE AMOUNTS The insurance provided by the CONTRACTOR hereunder shall be(1)with companies licensed to do business in the state of California, (2)with companies with a Best's Financial 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 greaterwhere required by laws and regulations: 1. Workers' Compensation: a) State: Statutory Amount SPECIAL PROVISIONS - SECTION 7 - PAGE 1 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): $500,000 Each Occurrence $500,000 Annual Aggregate Property Damage: $500,000 Each Occurrence $500,000 Annual Aggregate b) Property damage liability insurance will provide explosion, collapse, and underground coverages where applicable. c) Personal injury, with employment exclusion deleted: $500,000 Annual Aggregate 3. Comprehensive Automobile Liability: a) Bodily Injury(Including wrongful death): $500,000 Each Person $500,000 Each Occurrence b) Property Damage $500,000 Each Occurrence Or a combined single limit of $1,000,000 7-11 PERMITS 7-11.1 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. 7-11.2 City of Palm Springs Construction Permit. The Contractor may be required to obtain and sign a City of Palm Springs Construction Permit prior to commencement of the Work, but the fee for this permit shall be waived. The Construction Permit can be obtained from the office of the Engineer. SPECIAL PROVISIONS - SECTION 7 - PAGE I 7-12 SITE CLEANUP Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the Contractor shall keep the work site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance, as required in Section 7-16 of these Special Provisions. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. Materials and equipment shall be removed from the site as soon as they are no longer necessary; and upon completion of the work and before final inspection the entire worksite shall be cleared of equipment, unused materials, trash, rubbish and debris so as to present a satisfactory clean and neat appearance, as approved by the Engineer. All cleanup costs shall be absorbed in the Contractor's bid. Full compensation for all work required in this section shall be considered as included in the contract prices paid for the related items of work and no additional compensation will be allowed therefor. 7-13 DUST CONTROL 7-13.1 General A. The Contractor shall be responsible for stabilizing the disturbed soil during construction. The method which it will use must be approved by the Engineer. If a water meter is required by the Engineer during construction, the Contractor shall contact the Desert Water Agency at (760) 323-4971 to obtain said meter. The cost of this work shall be included in the price of various items in the Bid Schedule, and no additional payment will be made therefor. B. The Contractor shall be responsible for maintaining the project site and providing adequate dust control 24 hours a day, everyday, through the duration of the project in conformance with City requirements, Section 10 of the Standard specifications, and to the satisfaction of the City Engineer. END OF SECTION - SPECIAL PROVISIONS - SECTION 7 - PAGE I . ACOLI Dim VEIRI Vf"{.TL.,'. LEfi"'F M LT JFRW:;V R> �;V Iw,r DATE IMM/DD/YYI PRODUCER Travis McElvany THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Talbot Ins L Fin Srvcs, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4371 Latham Street Suite 101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 5345 COMPANIES AFFORDING COVERAGE Riverside, CA 92501 COMPANY AMCO Insurance Company 951-786-8500 . fax951-788-2994 A INSURED LYNCO Associates COMPANY B 14952 Wilson St. COMPANY C Midway City CA 92655 COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YYI DATE(MMIDDNY) A GENERAL LIABILITY ACP7821023303 01/IG/2005 01/16/2006 GENERAL AGGREGATE $ 2, 000, 000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP ASS $ 2, 000, 000 CLAIMS MADE I Fa ( OCCUR PERSONAL&ADV INJURY 51, 000,000 OWNER'S&CONTRACTOR'S PLOT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE(Any one fire) $ 100, 000 MED EXP(Any one person) $ 5, 000 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per..d,M 0 PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ q I AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND WC STATU-EMPLOYERS'LIABILITY TORV LIMITS ER EL EACH ACCIDENT $ THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE S OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS Re: Rainmaker Fountain, 538 Palm Canyon Dr., Palm Springs, CA 92262 %CEi't7'jFICRTF,l t3LRF;R'. . . .CANCF3.LATI9N' City of Palm Springs SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Attn: Cathy Van Horn EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3200 E. TahquitZ Canyon Way 3 U DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, iSdays notice for non-payment Palm Springs, CA 92262 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ........... Ods42422924 16818 SK /� CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COLIPEN SATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 09-08-2005 GROUP: 000229 POLICY NUMBER: 0027622-2005 CERTIFICATE ID: 29 CERTIFICATE EXPIRES: 05-01-2006 05-01-2005/05-01-2006 CITY OF PALM SPRINGS SK JOB:RAINMAKER FOUNTAIN ATTN: CATHY VAN HORN 538 PALM CANYON DRIVE 3200 E. TAHQUITZ CANYON WAY PALM SPRINGS PALM SPRINGS CA 92262 CA 92262 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. j' A c . AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1500 - BRUSE COSSELL PRES. TR - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE OS-01-2005 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER LYNCO ASSOCIATES SK 14952 WILSON ST MIDWAY CITY CA 92655 [B10,SKj (REV.2-05) PRINTED 09-08-2005 OCT-13-2005 THU 02:30 PM P. 003 Oct 19 05 02-25P P,2 ,.,..,, CERI-IFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN.THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that: ® STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois ❑ STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois ❑ STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF:TEXAS of Dallas,Texas,or ❑ STATE FARM INDEMNITY COMPANY of Bloomington, Illinois has coverage in force for the following Named Insured as shown below: NAMED 1^V31LIRED: LYmw AssocLATEs ADDRESSOF NAMED INSURED: 6445 w PoRD AvE LAS VEGA9 Nv $9139 POLICYNUMBER 022 1366 E05 28 EFFECTIVE DATE OF POLICY 5/05105-5/05/06 DESCRIPTION OF VEHICLE(Including VIN) 2002 CHEVROLET LIABILITY COVERAGE S YES ❑ NO E YES ❑ NO ❑YES ❑NO ❑YES ❑ NO LIMITS OF LIABILITY a.Bodily Injury Each Person 1,000,000 Each Accident 1,000,000 b.Plvperty Damage Each Accident 1,000,000 c.Bodily Injury& Property Damage Single Limit Each Accident $1,000,000 PHYSICAL DAMAGE COVERAGES ®YES ❑ NO ❑YES ❑NO ❑YES ❑ NO ❑YES ❑NO a.Comprehensive $250 Deductible $ Deductible $ Oeduulblo $ Deductible ®YES 0 NO ❑YES ❑NO ❑YES ❑NO ❑ YES ❑NO b.COIIiSieM $Soo Deducals $ Deduable $ Deductible $ oeduedble "CAR PLOY"' Was I y CO wNVERAGr ❑YES ❑NO ❑YES [] NO ❑YES ❑NO ❑YES [] NO HIRED CAR COVERAGE LIABILITY ❑YES ❑NO ❑YES ❑ NO ❑YES ❑NO ❑YES ❑NO FLEET-COVERAGE FOR ALL OW+eD LICENSED . ❑NOMOTO VEHICARS OYES ❑NO YES ❑ NO ❑YES T AGENT 2091 10/13/0S SI i e ofAutAoraee Represenutiv Title Agents Cade Number Date Name and Address of Certificate Holder Name and Address of Agent C1T:f OF PALM SPRTNGS DOUG SHEPPMANN ATTN: CATHY VAN HORN 1001 NEVADA HXGHNAY STI: A 3200 E. TAt1O0"TT2 CANYON WAY BOtn,DRR CITY, itYtr $9005 PAT21 SPRINGS, CA 92262 INTERNAL STATE FARM USE ONLY: ❑Request permanent Cerrificat¢Of Insurance for liabluty wverage. 122420.2 Rev.de.10s00a 0 Request Certificate Holder to be added as an Additional Insured. OCT-13-2005 THU 02:30 PM P, 002 10/:LV2005 13:50 7148474580 CRANK INS AGENCY PAGE 01 "M rARm CERTIFICATE OF INSURANCE I RANCE AS RESPECTS THE INTEREST OF THE COMFICATE 14OLDER VNLL NOT BE CANCELED OR OTHERWISE D WITHOUT GIVING 10 DAYS PRIOR WRDTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW,BUT W NO THIS CERT1FICATE BE.VALID MORE THAN 30 DAYS FROM THE DATE VAVI TEN.THIS CERTIFICATE OF INSURANCE 171tl1'�M CHANGE THE CCNERAGH PROVIDED BYANY POMP DE8CRDED BELOW. 1 "t x STATE FARM MUfUALAIITOMOBILE INSURA=wwANY cfww&Mgkwk owie,or STATE FARM FIRE AND CASUALTY COMPANY of BI0DII1NngM Wo* hae coverage in face for to feaowbV Namod Laurin ea WIDwn below. Named Inmad LYNCO ASSOCIATES,INC Add(*"of Nalnad ifourell 14952 WMWN$T,MAOWAY CITY, CA 9MS-1369 IM IDCATION: RARMAKE FODNTAIN,538 PALM CANYON DR PALM SMNp4,CA 92262 03290M-027-758 405-323"IMSP 0996473-329-75A MIACYMNoge DF w v�'E S77/W TO V27/06 09/105 TO 3/18/06 04MIOS TO I0/29/05 DBUMPTionop Ol FORD E450 BOX 90 FORD VAN 04 CIIEVY C1500 PU v"ou IPDWE45F71HA87686 IFDKB37M7LHA28173 20CEC19T041238358 LY"UTY CoufiW* Vim MJ x Vsc _No X VIES _No _M —NO u4a190PrWarn w Lkd11I Irtg . N.M*.w 0wnpr' e,aNdrn wya nawq °a"a A.NMNN I.000.000 1.2DO,ODO N1rSLCN.OAW.GE ^, No �.vim ,,,�� 10 No COMMAM a ca 250 6250 DalAmr 1.2%. neetw.Als X Y _1a X YES _ NA X Wq No _V" _N0 aroaNm a300 aearaar —S—,T00 o.wa11. 7700 n..�e. a oracuw. w kor o trap" ' Yea NO —YFE __No vm Y..'ND 1gFm0CM WAM" —Yea Np va NO .-..-Y!a Itl —VU go AGENT 8629 10I13/05 ofAaawriaad f+ef+meANAaMv Tina Aaw #0Wv Nwbw van Name end Addmu of CoruBcNe Hddr NMM and maim DI Acm CITY OF PALM SPRINGS , SKIP CRANK INSURANCE AGENCY INC ATM CATHY VAN HORN 8598 WARMM AVENUE 3200 B TAHQUITZ CANYON WAY FOUNTAIN VALtXV, CA 9270E PALM SPRINGS, CA 92262 7I4-647-7070 -------------------------------- ^ch&*ife DSmraDeOt Cerbscaueoflmaraecn for N"Bir Coverage isn0Gd9d: Q Clw*if 01e CerdfaM Mellor Should a AddW as as AdOWOMI NINNd: Q FlLLnrarks; Ise-r43Dz ww.oeaPdrAod ki UAA 4C INSCO INSURANCE SERVICES, INC. inscZ irc) Underwriting Manager for: C�G�ON�p Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch,Suite 200•Irvine,California 92614 0(949)263-3300 PERFORMANCE BOND — PUBLIC WORK Bond No. 730453P $ 875.00 premium is for contract term and is subject to adjustment based on final Contract Price. KNOW ALL MEN BY THESE PRESENTS: That we, Lynco Associates, Inc. As Principal, and Indemnity Company of California a corporation duly authorized under the laws of the State of California to become surety on bonds and undertakings, as Surety, are held and firmly bound unto City of Palm Springs 3200 E.Tahquitz Canyon Way, Palm Springs,CA 92262 As Obligee in the full and just surn of Thirty Five Thousand and no/100s Dollars, ($35,000.00 ), lawful money of the United States of America, to be paid to the said Obligee, successors or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, successors, administrators and assigns, jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that: whereas the above bounden Principal has entered into a contract, dated August 1, 2005 with the Obligee to do and perform the following work, to-wit: YEAR Repairs of Rainmaker Fountain at Frances Stevens Park as is more specifically set forth in said contract, to which contract reference is hereby made; Now therefore, if the said Principal shall well and truly perform the work contracted to be performed under said contract in accordance with the plans and specifications, then the above obligation to be void, otherwise to remain in full force and virtue. No right of action shall accrue under this bond to or for the use of any person other than the Obligee named herein. Sealed with our seals and dated this 15th day of September 2005 YEAR Lynco Associates, Inc. Indemnity Company of California _ Principal .v i yo . 1, C �By - --� y. - i Margar�'[e,YThorsen Attorney-in-Fact 9,i• ID-1219(CA)(REV 2/01) nercrcrcoa�^ -c<�rcar, '.n-.crercrcrl-ccr, 's�>crcrcrc�^.cr, ', t�cr ,cc.cr:�rc�:crcrcrcrcr.c�`.crcrcrcrc,.vtj� I� 3' State of California ss. jl County of LOS ANGELES 'I I I SEp 15 2009 (; On , before me, DONNA MAC LELLAN, NOTARY PUBLIC < Data Name and Title of Officer(e g 'Jane Doe,Notary Public") I� personally appeared MARGARETA T. THORSEN 't Names)of Signer(e) Lil R personally (mown to me ❑ proved to me on the basis of satisfactory evidence DONNA MACLEC.E-AN to be the person(s) whose names is/are fi Commission81529221 p O O ,I a .:a ` ,m Notary Public—CS 01711ia n subscribed to the within instrument and . -Sc Z o � � Los Angeles County acknowledged to me that he/she/they executed , My Conn.Expifes Dec 21.2008 the same in his/her/their authorized I 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. I fi WITNESS my hand �and ,official seal. Place Notary Seal Above Signature of Notary Public ) I' I OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document rr� and could prevent fraudulent removal and reattachment of this form to another document. '2 Description of Attached Document Title or Type of Document. ,I I. 1 fi Document Date Number of Pages: ) Signer(s) Other Than Named Above: ,) fi Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑fi Corporate Officer—Title(s): I fi ❑ Partner—❑ Limited ❑ General I ,N Attorney in Fact I Ifi ❑ Trustee 'I ❑ Guardian or Conservator 'I ❑ Other: j fi I Signer Is Representing: .I I ©1999 National Noll Asaocialion•9350 De Solo Ave.PQ 0o2402•Chalsworlh,CA91313-2402•wuvwnaltonainolaryorg Prod No 5907 evader Call Toll Free 1-800-876-6827 4L INSCO INSURANCE SERVICES, INC. 'nsic%'�O underwriting Manager for: �QO�p Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch,Suite 200•Irvine,California 92614•(949)263-3300 PAYMENT BOND — PUBLIC WORK Bond No. 730453P Premium included in Performance bond KNOW ALL MEN BY THESE PRESENTS, That Lynco Associates, Inc. as Principal, and Indemnity Company of California , a corporation authorized to transact a general surety business in the State of California, as Surety, are held and firmly bound unto City of Palm Springs,3200 E.Tahquitz Canyon Way, Palm Springs,CA 92262 as Obligee in the sum of Thirty Five Thousand and no/100s Dollars($35,000.00 )for the payment whereof, in lawful money of the United States, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that:whereas, the above bounden Principal has entered into a contract, dated August 1, 2005 with the obligee to do the following work,to wit: YEAR Repairs of Rainmaker Fountain at Frances Stevens Park Now, therefore, if the above bounded Principal, contractor, person, company or corporation, or his or its sub-contractor,fails to pay any claimant named in Section 3181 of the Civil Code of the State of California,or amounts due under the Unemployment Insurance Code, with respect to work or labor performed by any such claimant, that the Surety on this bond will pay the same, in an amount not exceeding the aggregate sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, and attorney's fees to be taxed as costs in said suit. This bond shall inure to the benefit of any person 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. This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code, Sections 3247-3252 inclusive, and all amendments thereto. Signed and Sealed this 15th day of September 12005 YEAR Lynco Associates, Inc. Indemnity Company of C2lifornia Principal .' / s" Surety ABy-, L1/' Q�'4�r� —" Margareta'T.,,fhorsen Attorney-In-Fact i ID-1210(CA)(REV.1/01) �I State of California as. fi County of LOS ANGELESI fi �I ( On " 200 , before me, DONNA MAC LELLAN, NOTARY PUBLIC , ,I <' Dale Name a d Title of Officer(e g 'Jane Doe,Notary Public') fi I personally appeared MARGARETA T. THORSEN "I (, Name(a)of Signer(s) ,) fi M personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are i DONNA MAC LELLAN subscribed to the within instrument and Commission tw'Public-15al rnia z acknowledged to me that he/she/they executed Ifi ,, -`y Notarys Count z , Los Ant�eloeCounty � the same in his/her/their authorized My Comm.ErpiresDecat,7C�� 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. i WITNESS my hand and official seal. I W Place Notary Seal Above Signature of Notary Public ') l(`I OPTIONAL Though the information below 1s not required by law, it may prove valuable to persons relying on the document .I Ifand could prevent fraudulent removal and reattachment of this form to another document. ,I Description of Attached Document i If, Title or Type of Document: I Document Date: Number of Pages: ) Signer(s) Other Than Named Above: ,) I� Capacity(ies) Claimed by Signer I� Signer's Name: If' ❑ Individual Top of thumb here ,) ❑ Corporate Officer—Title(s): ;) ❑ Partner—❑ Limited ❑ General It M Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: tr; Signer Is Representing. I ©1999 National Notary Arvoroatton.935o De Solo Ave,PC Box 2902•Chatswonh,CA913132402-rnwnalionalnolar,org Prod No 5907 Frontier Gall Toll Free 1-800876SS27 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS, [hat except as expressly hutted, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint. ***Margareta T. Thorsen, John P. Brooks, jointly or severally*** as their True and lawful Atarney(s)-m-Fact,to malce,execute,deliver and acknowledge.for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship gtvilg and granting unto said Attomcy(s)-m-Facl full power and authority to do and to perform every act necessary,mquisite or proper to be done in connection thmewith as each of said cm porations could do,but reserving to each of said corporations full powm of substitution and revocation,and all of the acts of said Allen❑cy(s)-in-Fact,pursuant to these presents,arc hereby rah ficd and confirmed This Power of Attomcy is granted and is signed by facsimile undoi and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLVED,that the Chairman of the Board,the Pmsidenl and any Vice President of[he corporation be,and that each of them hereby is.authorized to execute Powers of Attorney,quahfymg the at[omcy(s)named in the Powers of Attomcy 10 Cxcculc,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Seci etary or any Assistant Seemlmy of the corporations be,and each of them hereby is.authorized to attest the execution of any such Power of Attomcy; RESOLVED,FURTHER,that the signinams of such officcis may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attomcy or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by[heir iespective Executive Vice Pmsidenl and attested by[heir respective Secretary this I st clay of February,2005 6y David H Rhodes,LXCCmtiVC Vtec-PICSIdCOt „AND z"", OMPANI,O C 'yJ�:O�yPORgT F2�2 �>k'Op PO qT .9 G OCT.5 1967 FOP O P � y "— OO- Walter A.Crowell,Secretary Z — 'sd7JjO...../OW P,,.+*�-aa .................... STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On February I,2005,before me,Nita G.Hiffmcyer,personally appeared David 1-1.Rhodes and Walter A.Crowell,personally known to me lot proved to me on the basis of satisfactory evidence)to be the persons whose frames am subscribed to the within instrument and acknowledged to etc that they executed the same in then authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument. WITNESS my hand and official seal. _ NITA G.HIFFMEYER COMM. 1 NOTARY UC CALIFORNIA Signature MORANGE COUTY y $N comm.mires Jan,10,2009 t CERTIFICATE The undersigned,as EXCCntIVC Vice-President, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA.dots hereby certify that the foregoing Power of Attorney icmmns in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boatds ol'Directors of said corporations set Iorth in the Power ol'Auorncy,are in force as of the date oFtis Corlificatc. This Certificate is executed in the City of Irvine,Cali forma,the 15thdayoF September , 2005 ByICE`/ David L.Kerrigan,Exccutivc Vice-Ptesidenl r ID-1380(Rev.2/05) `DIM 2mOMp DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of $1,000,000,000.00 for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch Irvine,CA 92614 (949)263 3300 w J.smdtco.com F ?AIM s x "� pR u' M E M O R A N D U M C"14 f Fcq, TO: Cathy Van Horn } Community& Economic Development FROM: [ Kathie Hart, CMC Chief Deputy City Clerk DATE: October 21, 2005 SUBJECT: Lynco Associates A5125 cc: File Attached are three (3) duplicate originals of the above agreement for your records and distribution. I have the original in our files. Please feel free to contact me if there are any questions, ext. 8206. ✓kdh attach. CONTRACT ABSTRACT Contract Company Name: Lynco Assocites Company Contact: Bruce Cossell Summary of Services: Purchase of Public Artwork Contract Price: $35,000 Funding Source: Public Art Specialized Equipment#150-30-4408-50015 Contract Term: October 20, 2005 to November 17, 2005 Contract Administration Lead Department: Community& Economic Development (Public Art) Contract Administrator: Cathy Van Horn I I Contract Approvals Council/ Community Redevelopment Agency Approval Date: July 6, 2005 Minute Order/ Resolution Number: Agreement No: Contract Compliance Exhibits: Included Signatures: Included Insurance: Insurance Certificates Attached Bonds: Included I I I Contract prepared by: Community & Economic Development Department Submitted on: 10/19/05 By: Cathy Van Horn I I I I I