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HomeMy WebLinkAbout05183 - CEMENT UNLIMITED REPAIR WANDS RAINMAKER FOUNTAIN FRANCES STEVENS PARK Page 1 of 1 Cindy Berardi From: Jennifer Henning Sent: Tuesday, October 16, 2007 11:48 AM To: Cindy Berardi Subject: RE: Cement Unlimited-Can I Close? Cindy, You may close this one. This had to do with work on the fountain and this job was completed. Thank you very much. Have a good day. Jennifer Henning Public Arts&Special Projects Coordinator / Community&Economic Development ✓/ City of Palm Springs Tel:760.778.8408 1 Fax:760.322.8325 *Please note new email address: O jennifer.henriirig@paimsprings�ca.gov www.palmsprings_ca.gov From: Cindy Berardi Sent: Monday, October 15, 2007 3:11 PM To: Jennifer Henning Subject: Cement Unlimited-Can I Close? Please see attached printout from Fastrack and handwritten note. Thank you. Cindy 5cr�rdl DCPuLy CiEy Clcrl, Orrice OF Eh, Git� Clcrl; [Vitt'of Palm Springs F.O.j)ox 1743 rain;5pring.s, &f 9226? (760) 32z-6355 Onc1q,E)crardi0palmsPrin s-ca.e+ov 10/16/2007 Ede Edit Vlew Insert Fermat yools Bctions Help Reply[ . Reply to All IIL4Fony and I iI ] X From, Cindy Barardt .. ._." Sent Mon 10(15(20073 11 PM To; Jennifer HehnJnq Cc Subject Cement Unlimged-Can I Close? Attachments, �;,Ccment❑nlimited.pdf(29 KBJ Please see attached rintput,from�Fastrack and handwritten note Thank you . . p Cindy gmardl _- D.puyC ��C k Offs«oFtke Cjty cl.rk Ciey f P Sp n�. i PO.5o.z]„ P,Im,jPF��g,,� 9xxbz I, cl r imdu.QJrra rdi�n�m.arm8.-ca..pav, i u _......L�Ird.�fQSat dL�w!C.....K0 O _I ... . . —_n.su�—re—., Q "-x01���® _I 3 '13PM � iCement Unlimited Repair wands— Rainmaker Fountain AGREEMENT#5183 CM apprv'd 10-31-05 CONSTRUCTION MAINTENANCE CONTRACT CITY OF PALM SPRINGS I REPAIRS OF RAINMAKER FOUNTAIN AT FRANCES STEVENS PARK CEMENT UNLIMITED THIS CONTRACT is made and entered into, to be effective, this Ja day of (>;;-, , 2005, by and between CEMENT UNLIMITED, a Partnership 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 I 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 2-2.1, 2-2.2 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 Administrator, who may consult with the City Engineer or the City Building Official as the Public Arts Administrator 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 Administrator is identified in Section 21 of this Contract. SECTION 2 MATERIALS AND LABOR 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. ORIGINAL BED AtvDIOR AGREE.iVEM7 SECTION 3 PROJECT The Project is generally described as the provision of labor, equipment, and materials to effect repairs to the Rainmaker Fountain Wands and Base located at the Frances Stevens Park and more particularly described in Exhibit "A" to this Contract, entitled "Scope of Services." I SECTION 4 TIME OF COMMENCEMENT AND COMPLETION Contractor agrees to commence the Project within 10 working days from the date j set forth in the "Notice to Proceed" sent by City's Public Arts Administrator 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 TIME IS OF THE ESSENCE I Time is of the essence of this Contract. As required by the Contract, Contractor 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 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 the 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, ordefault ofthe 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 Administrator for such time extension within five (5) days of the commencement of such delay and City's Public Arts Administrator finds that the delay is justified. City's Public Arts Administrator's decision will be conclusive on the I I i iparties to this Contract. Failure to file such request within the time allowed shall be i deemed a waiver of the claim by Contractor. I iC. No claims by Contractor for additional compensation or damages for delays will be allowed unless Contractor satisfies City's Public Arts Administrator that such delays I were unavoidable and not the result of any action or inaction of Contractor and that j 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 Administrator's decision will be conclusive on all parties to this Contract. SECTION 7 EXTRA WORK A. The Contract price as set forth in Section 10, includes compensation for all work performed by Contractor, unless Contractor obtains a written change ordersigned by the City's Public Arts Administrator, 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 Administrator. The decision of the City's Public Arts Administrator 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 Administrator, or any other City representative shall be treated as a change under this Section 8 or entitle Contractor to an equitable adjustment. I I 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 C:ity's Public Arts Administrator setting forth the general nature and monetary extent of such claim. The City's Public Arts Administrator may extend the 5 day period. Contractor may include the statement of claim in the notice under paragraph (B) of this Section 8. 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 City. Under no condition shall Contractor make any changes to the Project, either in additions or deductions, without the written order of the City and the City shall not pay for 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 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 ordeductions as I I I I I i provided in approved change orders, the sum of Ten Thousand Four Hundred Ten Dollars i ($10,410.00). 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 Administrator after the work has been completed and accepted by the City. SECTION 11 COMPLETION A. Within 10 days after the contract completion date of the Project, Contractor shall file with the City's Public Arts Administrator 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 under the provisions of the statutes of the State of California. City's Public arts Administrator 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 Administrator shall prepare a Final Closeout Statement setting forth the particular details of the completed project, 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. i i SECTION 13 I INSURANCE ' A. Contractor is also aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers'Compensation or 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 bythe issuance of ai 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 insurance coverage obtained by the Contractor, excepting workers' compensation coverage, shall name the City, its Administrators, 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 foregoing 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 i i Comprehensive General Liability or occurrence for bodily injury, death, and Commercial General Liability written on a property damage.. per-occurrence basis 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 be at the risk of Contractor alone. Contractor agrees to save, indemnify, and keep 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 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. 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 City from 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 i �I terminate; and (2) An opportunity for consultation with the terminating party prior to termination. I jC. 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 by the Contractor relating to commitments !i which had become firm prior to the termination. 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 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 Administrator 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 Contractorthe cost incurred. The performance bend 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 underthis 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. 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. I i i SECTION 18 ATTORNEYS' FEES I 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 for any Stop Notice filed, whether court action is involved or not. SECTION 19 RESOLUTION OF DISPUTES 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 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 orthreatened, that may present a danger or hazard to any and all employees. Contractor agrees that City, in its sole authority and discretion, may order the 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. i I I I i I SECTION 21 NOTICES I I 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 j party in writing. I j TO City: City of Palm Springs 3200 E. Tahquitz Canyon Way Post Office Box 2743 Palm Springs, CA 92263-2743 Attn: Public Arts Administrator TO CONTRACTOR: Cement Unlimited P.O. Box 897 Palm Springs, CA 92263 Attn: Rich Parzinsky i i i i • I i I IN WITNESS WHEREOF, the parties hereto have executed this Construction and Maintenance Contract as of the date first hereinabove written. I CONTRACTOR: I ° City of Palm Springs a Charter City City Manager APPROVED BY CITY MANAGER EST- T: �f�r la 1•0 �l0�10 11�r0$�j City Clerk Approved As To Form: Office of theyFity Attorney By ) �e EXHIBIT "A" SCOPE OF SERVICES Contractor will provide labor, equipment and materials to effect repairs to the Rainmaker Fountain Wands and Base (Masts) located at the Frances Stevens Park as follows: Wands A. Removal of Wands. B. Cleaning by peeling off existing paint, using stripper if needed and steel wool. C. Priming Wands before Powder Coating. Powder Coating Colors to match existing Wand colors. D. Waxing Wands and setting back in place. Base (Masts-onsite) A. Removal of existing paint by grinding and sanding. B. Apply primer and repaint with a black enamel base paint with sealer. i I 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 ("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 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 i i i 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 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 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 familiar with all of the terms and conditions of the Contract Documents, and shall obtain a written acknowledgement by the Bonding Company that said Bonding Company thereby waives the right of special notification of any changes or modifications of the Contract, or of extensions of time, or of decreased or increased Work, or of cancellation of the Contract, or of any other act or acts by the City or any of its authorized representatives." 2-2.2 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 1 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 by the name of the manufacturer, such product shall be followed by the words "or equal." A Contractor may offer any material, process, or equipment considered as equivalent to that indicated, unless a sole source is specified. Failure of the Contractor to submit requests for substitution promptly after bid opening shall be deemed to signify that the Contractor intends to furnish one of the brands named in the Special Provisions, and the Contractor does hereby waive all rights to offer or use substitute materials, products, or equipment for that which was originally specified. Unless otherwise authorized by the Engineer,the time for submission of data substantiating a request for substitution of an "or equal' item shall be not more than 20 days after bid opening. 4-1.2 Submittals for Approval of"Or Equals."-Should the Contractor request approval for ,.or equal' products, it shall submit data substantiating such request to the Engineer as per Subsection 4-1.1, above. Data for approval of"or equal' products shall include complete calculations, technical specifications, samples, or published documents relating to the performance and physical characteristics of the proposed substitute. The appearance of manufacturer and product names or trademarks, details of materials or services,or product descriptions in either the Plans or the Specifications are for reference only and do not constitute an endorsement of same by the Engineer or the City. 4.2 MATERIALS 4-2.1 Quantities. - The Contractor shall submit with each of its billing invoices, a corrected list of quantities, verified by the Engineer, for unit price items listed in the Bid Schedule. 4-2.2 Placing Orders. -The Contractor shall place the order(s)for all long-lead supplies, materials, and equipment, for any traffic signing, striping, legends, and traffic control facilities within 3 working days after the award of Contract by the City. The Contractor shall furnish the Engineerwith 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 1 SECTION 5 -- UTILITIES 5-1 REMOVAL, RELOCATION, OR PROTECTION OF EXISTING UTILITIES (.a)The following full text of Government Code Section 4215 shall replace the provisions of E>ection 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 Contractorwhile performing the contract discovers utility facilities not identified by the public agency in the contract plans or specifications, he or she shall immediately notify the public agency and utility in writing. The public utility, where they are the owner, shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price." (b) Removal, Relocation, or Protection of Existing Utilities. -The following provisions shall be added to the end of Section 5-5 of the Standard Specifications: "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 S - PAGE 1 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 authorityover 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, orContractforthe 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. 7-4 Travel and Subsistence Payments. - As required by Section 1773.8 of the California Labor Code, the Contractor shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Article. To establish such travel and subsistence payments, the representative of any craft, classification,or type of worker needed to execute the Contract shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within 10 days after their execution and thereafter shall establish such travel and subsistence payments whenever filed 30 days prior to the call for Bids. 7-5 Unpaid Claims. - If, at any time prior to the expiration of the period for service of a Stop Notice,there is served upon the City a Stop Notice, as provided in Sections 3179 through 3210 of the Civil Code of the State of California, the City shall, until the discharge thereof, withhold from the moneys under its control so much of said moneys due or to become due the Contractor under this Contract, as shall be sufficient to answer the claim stated in such Stop Notice, and to provide for the reasonable cost of any litigation thereunder, provided, that if the Engineer shall, in its discretion, permit the Contractor to file with the City the bond referred to in Section 3196 of the Civil Code of the State of California, said moneys shall not thereafter be withheld on account of such Stop Notice. 7-6 Retainage From Monthly Payments. - Pursuant to Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any money withheld by the City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent, who shall return such securities to the Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement for in-lieu construction payment retention, provided by the City between the escrow agent and the City, which provides that no portion of the securities shall be paid to the Contractor until the City has certified to the escrow agent, in writing,that the Contract has been satisfactorily completed. The City will not certify that the Contract has been satisfactorily completed until at least 30 days after filing by the City of a Notice of Completion. Securities eligible for investment under Public Contract Code Section 22300 shall be limited to those listed in Section 16430 of the Government Code, and to bank or savings and loan certificates of deposit. 7-47 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 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 caPculations and working drawings of the falsework or shoring system, orto 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 greater where required by laws and regulations: 1. Workers' Compensation: a) State: Statutory Amount cn TAI non.,.0 TnAIf _ cv —' . 7 -- 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. 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 forthe 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 duet control 24 hours a day, everyday, through the duration of the protect in conformance with City requirements, Section 10 of the Standard specifications, and to the satisfaction of the City Engineer. - END OF SECTION - A R� CERTIFICATE OF LIABILITY INSURANCE Dioiz4iz YY PRODUCER (909)889-0295 FAX (909)888-3422 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Arroyo/Caldwell & Moreland Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 685 Carnegie Dr. , Suite 180 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 6185 San Bernardino, CA 92412-618 5 INSURERS AFFORDING COVERAGE NAIC# INSURED Cement Unlimited INSURER Mercury Casualty Company 11908 P.O. Box 897 INSURER Palm Springs, CA 92263 INSURER C; INSURER D. INSURER E COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE(MMIDnNyi DATE(MMIDUIYYi LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED S PREMISES(Ed occurearol _—-CLAIMS MADE_F7— OCCUR _ _ _ _ _ M_F.O EXP(A�.neoerson) $ PERSONAL&ADV INJURY S GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG S POLICY PRCT O LOC JE AUTOMOBILE LIABILITY AC11070032 04/18/2005 04/18/2006 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) S 1,000,000 ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) $ A X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accIdenl) PROPERTY DAMAGE S (Per accidenp GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG S EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ S DEDUCTIBLE S RETENTION $ $ WORKERS COMPENSATION AND WC BTATU- OTH- EMPLOYERS'LIABILITY ANY PROPRIETOWPARTNEREXEC➢TIVE EL EACH ACCIDENT $ GFFCEWMEMBER EXCLUDED'If ---- --- --- - -- _ --- - - - EL DISEASE-EA EMPLOYEE yes.describe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ OTHER ❑ESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS E: Rainmaker Fountain ertificate Holder named as additional insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Palm Springs 10 DAYS WRIT TEN NOTICE TO THE CERTIFEA�OLDER NAMED TO THE LEFT, Attn: Cathy VanHorn BUT FAILURE TO MAIL SUCH NO TIC i^ALI IM/P/ BE NO OBLIGATION OR LIABILITY P.O. Box 2743 OF ANY KIND UPON THE INSURE ,ITS Gp. A OR REPRESENTATIVES. Palm Springs, CA 92263 AUTHORIZED REPRESENTATIVE Anna Frese \` ACORD 25(2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies) 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 endorsement(s). 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(2001/08) ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/24/2005 PRODUCER (909)794-9700 FAX (909)794-9711 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION SCP Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 31786 Yucaipa Blvd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Yucaipa CA 92399 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA:Century Surety Ins. Cement Unlimited INSURER B:Employers Compensation P.O. BOX 897 INSURER C: INSURER D' Palm Sp rings CA 92263 1 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING 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. INSR ADUL POLICY EFFECTIVE POLICY EXPIRATION LTR INSRO TYPE OF INSURANCE POLICY NUMBER DATE(MM/DDM) DATE(MMIDDNY) LIMITS GENERAL LIABILITY RGENERAL MAGGREGATE E $ 1,000,000 X COMMERCIAL GENERAL LIABILITY D 50,000 rrence $ A X CLAIMS MADE OCCUR CCP35428B 5�1�2005 5�1�2006 erson) $ excluded PERSONALJURY $ 1,000,000 ATE $ 2r000,000 GEN'L AGGREGATE LIMIT APPLIES PER' /OP AGG S 1,000,000 O- POLICV JEPRCT LOG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULEDAUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Peraccident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHERTHAN EA ACC $ AUTOONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE S DEDUCTIBLE $ RETENTION $ S B WORKERS COMPENSATION AND FN319650-02 1 1/2005 l/l/2006 X I WC STATU- I OTH- EMPLOYERS'LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE El EACH ACCIDENT S 1,000,000 OFFICERIMEMBER EXCLUDED? E L DISEASE-EA EMPLOYEE l 1,000,000 If yes,descnbe under SPECIAL PROVISIONS below El DISEASE-POLICVLIMIT S 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Job Rainmaker Fountain. Certificate Holder is included as additional insured per the attached additional insured endorsement CG 2010 10 01. 30 days notice of cancellation except 10 days notice for non-payment of premium. CERTIFICATE HOLDER CANCELLATION (760)322-8325 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Palm Springs EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Attn: Cathy Van Horn 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT 32 0 0 E. T 2743 P.O. Box 2743 z Canyon Way FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE Palm Springs, CA 92263-2743 INSURER,IT AGENTS OR REPRESENTATIVES: 1 AUTHORIZ REPRESENTATIVE ACORD 25(2001/08) ' ©ACORD CORPORATION 1988 ftTM INS025(D10B)05 ELECTRONIC LASER FORMS,INC -(80D)327-0545 Page 1 of 2 10/24/2005POLICY NUMBER: CCP354288 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This; endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Palm Springs Attn: Cathy Van Horn 3200 E. Tahquitz Canyon Way P.O. Box 2743 Palm Springs, CA. 92263-2743 RE: Job- Rainmaker Fountain (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. ,'Section II —Who Is An Insured is amended to (1) All work, including materials, parts or Include as an insured the person or organization equipment furnished in connection with :shown in the Schedule, but only with respect to such work, on the project (other than liability arising out of your ongoing operations per- service, maintenance or repairs) to be formed for that insured. performed by or on behalf of the addi- B. With respect to the insurance afforded to these tional insured(s) at the site of the cov- additional insureds, the following exclusion is ered operations has been completed; added: - or — — - 2. Exclusions (2) That portion of"your work"out of which This insurance does not a to "bodily in- the injury or damage arises has been apply Y put to its intended use by any person or jury"or"property damage" occurring after: organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 © ISO Properties, Inc., 2000____ ___ __- Pagel of 1_ _tom CONTRACT ABSTRACT I j Contract Company Name: Cement Unlimited Company Contact: Richard Parzinsky Summary of Services: Repair Wands— Rainmaker Fountain Contract Price: $10,410.00 Funding Source: Public Art Fund Contract Term: 30 days from issuance of Notice to Proceed Contract Administration Lead Department: Community & Economic Development (Public Art) Contract Administrator: Cathy Van Horn Contract Approvals Council/Community Redevelopment Agency Approval Date: Minute Order/Resolution Number: Agreement No: Contract Compliance Exhibits: Included Signatures: Included Insurance: Insurance Certificates Attached Bonds: n/a Contract prepared by: Community & Economic Development Department Submitted on: 10-24-05 By: Cathy Van Horn