Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
05079 - D C HUBBS CONSTRUCTION CP04-06 SB821 FARRELL DRIVE SIDEWALK PROJECT
DOC U 200SO746074 09/09/2005 08:00(i Fee:NC ^"." V'-,- Recorded Pan eOfficial Records d <� �4 w. Af.� 4Iw IP 1 S County of Riverside l'1" i dF f ti.i .i; (�Ih,( a Larry W. ward 2405 SEi' 29 AM 8= 12 I IIII Sessor, County Clerk & Recorder II IIII IIIII II IIIIII IIIII IIIIIII III IIIII IIII IIII JAILI[SS `i'trd(�(•1('SQE1 CITY GLEiCt{ M $ D PAGE SIZE DA PCOR NOCOR SMF MISC I Recording Requested By And * f When Recorded Return To: C City of Palm Springs Attn: City Clerk " a COPY ONG REFUND NCHG E% P.O. Box 2743,Patin Springs, CA 92263-2743 L 'P (SPACE ABOVE THIS LINE FOR RECORDING USE) (EXEMPT FROM RECORDING FEE PER GOV.CODE¢6103) NOTICE OF COMPLETION NOTICE IS HEREBY given that: 1. The City of Palm Springs, California, is a municipal corporation, organized and incorporated pursuant to the laws of the State of California. 2. The City Clerk of the City of Palm Springs is authorized and directed to execute, on behalf of said City, any and all Notices of Completion. 3. The address of the City of Palm Springs is City Hall,3200 E. Tahquitz Canyon Way, Palm Springs,California(P.O.Box 2743, Palm Springs, CA 92263-2743). 4. The public work of improvement on the hereinafter referred to real property within the city was COMPLETED on the 19°i day of July, 2005. 5. The name of the contractor(if named)for such work of improvement was: International Pavement Solutions,Inc.,P.O.Box 10458, San Bernardino, CA 92423. 6. The public work of improvement, which was completed in the City of Palm Springs, County of Riverside, State of California, is described as follows: Camino Amapola and Camino Primrose Street Improvements 7. Nature of Interest: Fee Owner 8. The property address or location of said property is: Camino Amapola and Camino Primrose Between Calle Amigos and Thornhill Road, Palm Springs, CA. 9. City Project No. 04-11, Agreement Number: 5045, Minute Order Number: 7640 CITY OF PALM SPRINGS: REVIEWED BY: DATED: 42-D BY: DATED: Z %°fir Director of Public Works/City Engineer David J. Barakian JAMES THOMPSON, being duly sworn, says: That he is the City Clerk of the aforesaid City of Palm Springs,California,the corporation that executed the foregoing notice; that he snakes this verification on behalf of said corporation; that he has read the foregoing Notice of Completion, and knows the contents thereof, and that the facts stated therein are true; that as said City Clerk, he makes this verification on behalf of said municipal corporation. City Clerk -James Thompson Index No. 0305 k .M DO+C a 200�@746073 09/09/2005 08:00A Fee:NC Page t of t ECC.,I V- D Recorded in Official Records � 'i` 0�, 1h.I.I ( 4t>�j l�1C y, County of Riverside Larry W. Ward Assessor, County Clerk & Recorder 2094 SEP 29 AN 8. 12 �Illllf 11111111111111 HE 1111111111111111111111111111 CII'Y CLEPIX M S n PAGE SIZE DH PGOR NOCOR SMF MISC. ' � I 1 D Recording Requested By And ✓ ? When Recorded Return To: City of Pahn Springs Attn: City Clerk 7A1 L GOPV LONG REFNNO NCHG E%PM P.O. Box 2743, Pahn Springs, CA 92263-2743 rP (SPACE ABOVE THIS LINE FOR RECORDING USE) (EXEMPT FROM RECORDING FEE PER GOV.CODE§6103) NOTICE OF COMPLETION NOTICE IS HEREBY given that: 1. The City of Palm Springs, California, is a municipal corporation, organized and 'incorporated pursuant to the laws of the State of California. 2. The City Clerk of the City of Palm Springs is authorized and directed to execute, on behalf of said City, any and all Notices of Completion. 3. The address of the City of Palm Springs is City Hall, 3200 E.Talnquitz Canyon Way, Palm Springs, California(P.O. Box 2743, Palm Springs, CA 92263-2743). 4. The public work of improvement on the hereinafter referred to real property within the city was COMPLETED on the 8th day of August, 2005. 5. The name of the contractor(if named) for such work of improvement was: D.C. Hobbs Construction, 37306 Vista View, Yucaipa, CA 92399 6. The public work of improvement, which was completed in the City of Palm Springs, County of Riverside, State of California, is described as follows: Farrell Drive Sidewalk, 2004-2005 SB 821. 7. Nature of Interest: Fee Owner 8. The property address or location of said property is:East side of Farrell Drive from Andreas Rd. to Alejo Rd., Pahn Springs, CA. 9. City Project No. 04-09, Agreement Number: 5079, Minute Order Number: 7654 CITY OF PALM SPRINGS: REVIEWED BY: '"C DATED: -2-05 BY: DATED: A3 Director of Public Works/City Engineer David J. Barakian JAMES THOMPSON, being duly sworn, says: That be is the City Clerk of the aforesaid City of Palm Springs,California,the corporation that executed the foregoing notice; that he makes this verification on behalf of said corporation; that he has read the foregoing Notice of Completion, and knows the contents thereof, and that the facts stated therein are true; that as said City Clerk, he aloes this verification on behalf of said municipal corporation. 1 City Clerk -James T`hhomps m Index No. 0405 DOCUMENT TRACKING Page: 1 Report: Detailed Transactions Detail November 17, 2005 Condition: Document Number a5079, Document# Description Approval Date Expiration Date Closed Date A5079 2004-2005 SB821 Sidewalk Project(Farrell Drive) $86,888.00 04/20/2005 05/20/2006 Company Name: D C Hubbs Construction Address: 37306 Vista View Drive, Yucaipa, CA 92399 Contract Amt. Total Paid Balance Group: ENGINEERING $84,485.90 $84,485.90 Service: NOC xRef: ENGINEERING Ins. Status: No Certificate on file. Document Tracking Items: Due Completed Tracking Amount Amount Code Item Description Date Date Date Added Paid MO 7654 not prov by dept 04/20/2005 $86,888.00 complete pkg provided by Procurement 05/09/2005 Track Notes: sent back requesting current info. Need current ins carts and verification of contractor's license is current. Documents provided expired 5/1/05, 5/23/05 and 4/20/05. ret to Procurement for current auto ins cert 05/09/2005 to Jay for sig 05/24/2005 distrib to procurement 05/25/2005 CO 1 - distrib to dept- in file 09/16/2005 $-2,402.10 NOC 2005-0746073 - in file 09/09/2005 N OA 11/09/2005 " * END OFREPORT " * * * ��0K CITY OF PALM SPRINGS CALIFORNIA 1, r,8, ; ,�.Box 2743,Palm Springs, California 92263,(760)323-8253 ad i l Department of Public Works and Engineering NOTICE OF ACTION FOR: ■PUBLIC AND/OR ❑ PRIVATE IMPROVEMENTS TO: D.C.Hobbs Construction ACCEPTANCE DATE: August 8,2005 37306 Vista View PROJECT: CP#04-09,Farrell Drive Sidewalk Yucaipa,CA 92399 AGREEMENT NO. 5079 MINUTE ORDER NO. 7654 This is to inform you that a Notice of Completion has been filed and recorded on the above-named project. PUBLIC IMPROVEMENTS PRIVATE IMPROVEMENTS Curbing 237 L.F. Curbing L.F. Street Paving 189 S.F. Street Paving S.F. Sidewalks 8686 S.F. Sidewalks S F. Driveway Approaches 623 S.F Driveway Approaches S.F. Bike Paths EA, Bike Paths S.F Sewer Mains L.F. Sewer Mains LT Sewer Laterals L.F Sewer Laterals L.F. Sewer Manholes EA. Sewer Manholes EA. Storm Drains L.F. Stone Drains L.F. Survey Monuments EA, Survey Monuments EA Lighting/Landscaping L.S. Interconnect& Signal Modification L.S. Location: Sidewalk improvements along the East side of Farrell Drive from Andreas Rd,to Alejo Rd. C.P.S.Drawing No(s). Permit No. 13590 Contractor(s)actually doing the work D.C. Hubbs Construction Notify your bonding company/bank to release the following bonds: No. 661113294 in the amount of $86,888 Performance O�7 1 Oq/Of' No. 661113294 in the amount of $86,888 Payment ID((0(05 No. in the amount of $ Monuments No. in the amount of $ Maintenance Security No, in the amount of $ Correction&Repair Construction bond in the amount of $ for Engineer: CITY ENGINEER Bond Co./Bank: Lincoln General Insurance Company Comments: FINAL CONTRACT AMOUNT:S 84,485.90 Submitted by: !' — Dated: R "t-'off treet Maintenance Manager Approved by: go Dated: Director of Puf5lic Works/City Engineer Distribution Original to Engineering Project File,Copies to Addressee,City Clerk,Engineering NOA Binder,Street Maintenance Manager,Building,Facilities Index No. 0504 D C Hubbs Construction SB821 Fairrell Sidewalk CO 94-06 COI A5079 CITY OF PALM SPRINGS Orig MO 7654 04-20-05 CONTRACT CHANGE ORDER - - - To: D.C.Flubbs Construction Date: August 19, 2005 37306 Vista View Project No.: 04.09 Yucaipa, CA92399 Project Farrell Dr SidewalkSB821 Change Order No.: One (1) Contract Purchase No.: 616260 Account Numbers: 4298.50190 4498.50232 4491.50232 Minute Order No.: 7654 Agreement No.: 5079 CHANGES IN WORK/COST: DECREASE TO CONTRACT QUANTITIES Item No. 4. PCC Driveway -137 SF @ $8.00/SF - ($1,096.00) 5. 2" AC Driveway -121 SF @ $13.00/SF - ($1,573.00) 7. PCC Barrier Curb -134 LF @ $18.00/1,17 = ($2,412.00) 8. A@-6 Curb/Gutter -9 LF @ $55.00/LF = ($495.00) DECREASE SUBTOTAL = ($5,576.00) INCREASE TO CONTRACT QUANTITIES Item No. 3. PCC Sidewalk 586 SF @ $5.15/SF = $3,017.90 11. Remove PCC Pave. 65 SF @ $2.40/SF = $156.00 INCREASE SUBTOTAL = $3,173.90 TOTAL NET CHANGE ORDER DECREASE AMOUNT ($2,402.10) REASONS FOR CHANGES: All deletions and additions to the above bid items are due to the actual quantities required in the field being more or less than the original estimate. The net effect is a reduction to the contract of $2,402.10, or 2.8%. Note: No additional marls ups will be added to any item on this Change Order.All costs are final. rt dq�^q=ii= D. SOURCE OF FUNDS The following accounts will be credited in the amounts indicated: Account No. 4498-50232: $852.75 Account No. 4491-50232: $1549.35 Summary of Costs Contract Time Original Contract Amount: $86,888.00 Original Completion Date: August 8, 2005 This Change Order: $(2,402.10) Days Added for this C.C.O.: —0-- Previous Change Order(s): $0 Previous Days Added: —0-- Revised Contract Amount: $84,485.90 Revised Completion Date: August8, 2005 I have received a copy of this Change City Approval: Order and the above AGREED PRICES e4: - are acceptable to the contractor. Submitted 4,,Id .� F—�ttr�� Date Engineering Managel By_ Approved by 1/y/ Date Cuy-Engineer Date Approved by Date �ity- anager Distribution: Original Conformed Copies Conformed-File Copv Engineering (1) Engineering File (1) Finance (1) Engineering Field Inspector (I) Contractor (1) Engineering Field Supervisor (1) City Clerk (1) Purchasing Agent (1) ATTEST: APPROVED BY Cl*1Y COUNCIL ��.-��� My ��� �k•3oo� [1�O1h y Clerk 2 M E M O R A N D U M TO: Carrie Rovney Public Works/Engineering FROM: Kathie Hart Chief Deputy City Clerk DATE: September 16, 2005 SUBJECT: D.C. Hubbs Construction CO 1 —A5079 cc: File Attached is a duplicate original of the above referenced agreement. We have kept the originals and bonds for our files. Please feel free to contact me if there are any questions, ext. 8206. /k:dh attach. CONTRACT ABSTRACT Contract Company Name: D.C. Hubbs Construction Company Contact: Danny Hubbs Summary of Services: CP904-06, SB821 Farrell Sidewalk Project Contract Price: $84,485.90 (including this CCO#1 decrease of$2,402.10) Funding Source. 133-4298-50232 & 134-4498-50232 & 261-4491-50232 Contract Term: One Year Contract Administration Lead Department Public Works & Engineering Contract Administrator: David Barakian/Pete Agres Contract Approvals Council/ , Original Council Approval Date: April 20, 2005 Agency Approval Date: CCO#1 CM Approval Date: Minute Order1kesolution Numbvi.: Original MO#7654 Agreement Number: 5079 Contract Compliance Exhibits: Signatures: Insurance: Bonds: Contract prepared by: Submitted on: By: O1pALll7gA "' City of Palm Springs Procurement and Contracting * Hcoxa 4ti 3200 E Tahquitz Canyon Way • Palm Springs, California 92262 ORNi EO C,q �Q' Tel: (760)322-8373 • Fax: (760) 323-8238 • Web: wwwci.palm-springs.ca.us �1FORO May 26, 2005 D. C. Hubbs Construction 37306 Vista View Drive Yucaipa, CA 92399 Attn: Danny C. Hubbs Re: Farrell Drive Sidewalk City Project No. 04-09 Dear Mr. Hubbs: Attached please find the original Agreement for your records. If you have any questions or comments, please do not hesitate to call Bruce Johnson at 760-322-8373. Sincerely, Mari Lynn Boswell Procurement Administrative Coordinator /mb Enclosure CC LIevtG Post Office Box 2743 • Palm Springs, California 92263-2743 BID BOND KNOW ALL BY THESE PRESENTS, That we, D C. HUBBS CONSTRUCTION of YUCAIPA, CA (hereinafter called the Principal), as Principal, and LINCLON GENERAL INSURANCE COMPANY (hereinafter called the Surety), as Surety are held and thinly bound unto THE CITY OF PALM SPRINGS (hereinafter called the Obligee) inthepenal sum of 10% of Bid Amount---------------------------------- -- --- - ---- -- - ---------------- ------------------------------------- Dollars($ 10% ofBid Amount ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for FARRELL DRIVE SIDEWALK NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract,then this obligation shall be void; otherwise to remain in fill force and effect. Signed and sealed this 31 St day of March 2005 "SEE ATTACHMENT FOR NOTARY D C. HU S CONSTR (Seal) Principal Witness Title LINCLON GENERAL INSURANCE COMPANY Witness {*L . A Attorney-in-Fact 5-00531GEEF 10199 LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Lincoln General Insurance Company, organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania,does hereby nominate,constitute and appoint: Philip E. Vega its true and lawful attorney(s)-in-fact to sign, seal and execute for and on its behalf, as surety,bonds,undertakings, and other obligatory instruments of similar nature in an amount not to exceed Three Mllllou Dollars($3,000,000)and to bind it thereby as fully and to the some extent as if such instruments were signed by a duly authorized officer of the corporation,and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed, sealed mad notarized with fscsirde signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 4'day of September,2002. RESOLVED that the President, an Executive or Senior Vice President,or anyVice President of the Company,together with die Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the persons) named as Attomey(s)-in-Fact to date,execute,sign,seal and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER that the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying, IN WITNESS WHEREOF,Lincoln General Insurance Company has caused its corpora a to be ixedjauAthese presents to be signed by its duly authorized officers this 4th day 40sptnmb%2002, Attest: ` ORAT¢sN-..%C) .._ Gary J. do ,Se tiny (g f �� — ':m c a(vhojwani,Presid t _tom 1977 0_ / The Commonwealth of Pennsylvatia York County = • Fy r➢••. NSYLVP .aa\ZZ On this 4th day of September, 2002, before mrrc/'pp oni 111''camr> \\C. Bhojwani,to me known,who being duly swum,did depose and say:that he is the President of the Corp in and which executed the above instrument;that he knows the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company; and that he executed the said instrument by like order and authority and the same was his free act and deed. Notarial Seal The Commonwealth of Pennsylvania I cathunne Mane Loose,Netury York County Spdngattsbury Twp.,Yon<C / f My Commission Explras June t Notary Publt v I, Gary Omdorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force. r*r`m't'NESS WHEREOF.I have hereunto set myy hand and affixed the seal of said Company,at York,Pennsylvania, this 31 st day of March 2005 `pttt't`tttt ...... lN ¢pORA?t;s `?_r�'� J. d ,Secretary 1977 o 3 J�. �✓SYLVP :�1>� AX rw, w ..85 WO wnn ww � �I7-757w.t?CILMD�wJ3r�x3rµlf?�Yoi75PA l �f172.UI�a 3YucIwd P d Bond No. BBSu TERRORISM RIDER NOTICE—FEDERAL TERRORISM INSURANCE COVERAGE AND DISCLOSURE OF PREMIUM Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002 ("the Act'), will be partially reimbursed by the United States under a formula established by federal law. Underthis formula,the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this bond. The portion of your annual premium attributable to certified acts of terrorism under this bond is $0.00. COVERAGE LIMITATIONS Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. SU 0009 12 02 QALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On March 31, 2005 before me, Lisa Clark, Notary Public Name and Title of Officer(e g 'Jane Doe,Notary Public") personally appeared Philip E. Vega Name(s)of Signer(s) ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon LISA CLARK behalf of which the person(s) acted, executed the instrument. `a + Commission# 1511 i Nolary Public-California a orange county [ N1ITNESS my hand and official seal. — r _ My Co=m-Explre- -p 3'2— 2;a Signature of Notary Public ----------------------------------------OPTIONAL----------------------------------------- Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date. Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑ Titles(s): ❑ Title(s): ❑ Partner-❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee „ .- , ❑ Trustee VIEW ��... , ❑ Guardian or Conservator . - ❑ Guardian or Conservator . ❑ Other: Top of Thumb here ❑ Other: Top of Thumb here Signer Is Representing: Signer Is Representing: BD-1133 09/00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California i County of c— ainwill 0 1} ss. On Api: A C�ZOD&, before D.I. / Nam Tlla of e and Ofllcer(e.g.,"Jena9oe,Nolery Publi ') personally appeared Dod'l'ill ��u l E' 5 Nama(s)of SlBneris) ,personally known to me ❑ proved to me on the basis of satisfactory evidence t _ _ _ _ _ _ to be the person(s) whose name(s) is/are JENNIPER NICHOLE NACE subscribed to the within instrument and Commission# 1530848 acknowledged to me that he/she/they executed Notary Public-California the same in his/her/their authorized San Bernardino County capacity(ies), and that by his/her/their My Comm.Expires Dec 2,2008� signature(s) on the instrument the person(s), or j „ _ _ _ _ _ _ _ _ — the entity upon behalf of which the person(s) acted, executed the Instrument. TNESS my hand d official seal. — V Slgnetura of Notary Public OPTIONAL — Though the information below is not required by law,If may prove valuable to persons relying on the document and could prevent ' fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: filar. r'3/l '©Q_-T Number of Pages: Signer(s)Other Than Named Above: Ill / /j�'? L�_ VPJ A I city(ies) Claimed by Signer Signer's Name: . r ❑ Individual Top annumnnere ❑ Corpo rate Off ice r—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1999 National Notary Association•9350 De Soto Ave,PO Box 2402 Chetsworih,CA B131&2402•www.nauonalnotery org Prod.No.5907 Reorder,Call TolbFrm 1.800-3766927 D C Hubbs Construction ti CP#04-06 SB821 Farrell Sidewalk Project AGREEMENT #5079 MID 7654, 4-20-05 AGREEMENT THIS AGREEMENT made this df v'..^ day of in the year 2006a', by and between the City of Palm Springs, a charter city, organized and existing''im the County of Riverside, under and by virtue of the laws of the State of California,hereinafter designated as the City, and D.C. I3ubbs Construction hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 --THE WORK The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the City's Contract Documents entitled: FARRELL DRIVE SEDEWALK CITY PROJECT NO.04-09 The Work is generally described as follows: The Work comprises the construction of new Portland cement concrete sidewalk, driveways and access ramps; removal of existing asphalt concrete driveways; adjustment of water meter boxes to grade; and all appurtenant work on the east side of Farrell Drive from Andreas Road to Alejo Road,in Palm Springs. ARTICLE 2--COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with the applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time, Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty),the Contractor shall pay the City the sum of $425.00 for each calendar day that expires after the time specified in Article 2, herein. ARTICLE 3--CONTRACT PRICE The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid and Bid Schedule(s). ARTICLE 4--THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Y-- Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, iZ Addenda numbers 0 to 0 , inclusive, and all Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. LLJ ® LA! ARTICLE 5--PAYMENT PROCEDURES s.3 The Contractor shall submit Applications for Payment in accordance with provisions of the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the Engineer or the City as provided in the Contract Documents. FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 AGREEMENT FORM 3/23/2005 AGREEMENT AND BONDS-PAGE 9 ARTICLE 6--NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7--MISCELLANEOUS r Terms used in this Agreement which are defined in the Standard Specifications as amended by the Special Provisions will have the meanings indicated in said Standard Specifications and Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not he assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk PPRO D AS T FORM: By A " r APPROVED BY THE CITY COUNCIL: JSrifGIAKorney Minute Order No. �r�`�7 Date �a� Date�.r d• �,_ ��7� Agreement No. d" CONTENTS APPROVEDpw'�' (�/ / r, N-flll aBy $25,000 City Engineer S�/0�� Reviewed and approved by Date / >/ Procurement & Contracting ey—����1✓` -✓//� Yt�iEtals Date City Man ��- ager P.O. Numi/ek Date � �� _ FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 AGREEMENT FORM 3/23/2005 AGREEMENT AND BONDS- PAGE 10 CONTRACTOR: (Check one: inddiiivvidual,_partnership, corporation) 1 � By, , � signature (NOTARIZED) Print Name and Title: P �v 5� c,Y1,'l C, 1 0g � /J.Sr nfkJ}'t ['-t"- 6pAfdS�5qC H '�^ M ' 97„ By signature (NOTARIZED) Print Name and Title: Mailing Address: Date _ (Corporations require two signatures; one from each of the following groups: A. Chairman of Board, President, or any Vice President;AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). End of Signatures AGREEMENT FORM FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 AGREEMENT AND BONDS -PAGE 11 3/23/2005 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1�2� (Y� l(0 ss. County of ;�C � l,,�l,-, I ,(� On C�^yc��� v, before me, n,�ey-) fjC x�c GLprg6trirtl'PU)DIiL; Date -� Name and Title ai Officer I.g.,"Jane Doe,Notary PubbcV personally appeared ` J(� YOr\�P � , ��r,� —, 1 Namae)of Signer(s) ❑ personally known to me roved to me on the basis of satisfactory evidence to be the person s whose name is/fig subscribed �elft JENNIFER NICHOLE NACF. to t e w thin instrument and acknow edged to me that Commission# 1530848 he/ssN/ttNy executed the same in his/Por eir :UP Notary Public-California authorized capacityjiei), and that by his/t1a�/t it 5an Bernardino County - signaturdW on the instrument the perso ), or the My Comm.Expires Dec 2_20 81 entity upon behalf of which the person( acted, I executed the instrument. T(N�EnSSS (myyy h/\and and offi(ciialll s/e�ya]../J�// �//p/(//�)/Q�' Q�1 //n/ Place Notary Seal Above �t[^` / 1C_Qi/ �``A !�/ SX Cr l4/ /�// Signature of Notary Prior O /ONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Dgcument / Title or Type of Document: /-)t�?J rr.-. ,/ ev)T Document Date: Alj g- I / �1 Number of Pages: Signer(s) Other Than Named Above: /1/ JA Capacity(ies) Claimed by Signer(s) er's Name: Si at's Name: ❑ Indt al ❑� ' ual ❑ Corporal fficer—Title(s): ❑ Corpora Off icer—T"Ie(s): ❑ Partner—❑ mated ❑ General ��t-.--- - ❑ partner— 'mated ❑ General r 1 • - ❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservat ❑ Guardian or Conservator ❑ Other:_ _ ❑ Other: Signer Is Representing: Signer Is Representing: ©2004 National Notary Association•9350 De Soto Ave.,PO Box 2402•Chatsworth,CA 91313-2402 Item No 5907 Reorder.Call Toll-Free 1-600-676-6627 Bond #661113294 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That D.C. Hubbs Construction as Contractor, And Lincoln General Insurance Company as Surety, are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the County of Riverside, California, hereinafter called the "City," in the sum of: Eighty six thousand eight hundred and eighty eight ($86,888.00) dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said City to perform the Work as specified or indicated in the Contract Documents entitled: FARRELL DRIVE SIDEWALK CITY PROJECT NO.04-09 NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract Documents required to be performed on its part, at the times and in the manner specified herein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said Contractor or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED,this 25th day of April , 2005. CONTRACTOR: _(Corporatlons require two signatures;one from each of the fallowing groups:A.Chairman of Board,President,or any Vice President; AND B. Secretary, Assistant D.C. Hubbs Construction Secretary, Treasurer, Assistant Treasurer, or Chief (Check one: X individual, _partnership, Financial officer). corporatm:V ear By </,/ SURETY: signature (NOTARIZE18EE MAC*HME I" - FORMO TARY" Lincoln grr �21 Insurance Company " ' ��yA,'L Print Name and Title: By ��q11 t _- E��VIV)t( C � rt ���S.l)to/ilru� N IA�� . a By - �I TVitlettOrne �1" aigneture (SEA SAND O TARIAL ACKNOWLEDGMENT OF - (NOTARIZED) SURETY9-�� Print Name and Title: FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 PERFORMANCE BOND anavonnn AGREEMENT AND BONDS-PAGE 13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss..�n- _ �,12 � County of C� \ f(�QfZ�.�•l�l� `` I__ (� On V� 1n`L�s before me, JQ-t� s�CfV1� 1Q �Q((� �1�yC{f�ri�h�i� pate Name and Tile of Officer(e g.,"Jane Doe,Aclary Public') personally appeared ` )O (ltZt �C • le�fIYJJ Name(.)cf Smner(s) ❑ personally known to me roved to me on the basis of s tisfactory evidence o be the personNwhose name(s is/ads subscribed s.r - to the within instrument and acknowledged to me;hat JENNlFER NICHOLE NACE he/s�4ye/tt executed the same in his/h�,r/th�jr Commission#1530848 y Notary Public-Calitomia authorized capacity jie`), and that by In's)he�r/t�ir San Bernardino County signaturekon the instrument the person() or the My Comm.Expires Dec 2,20o5F entity upon behalf of which the person acted, - - - " - - - - ' executed the instrument. TNESS my hand and /ggqofficial seal. Place Notary Seal Above o C1116 d �� p� Signature of Nola,,Pubhc 0 loNAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached cu ent / Title or Type of Document:_pie /✓L�� ce- 66YICn Document Date: // /A o� ;�_C>QS Number of Pages: Signer(s) Other Than Named Above:A ! ft Ca ity(ies) Claimed by Signer(s) Signer's ame: Signe ' Name: ❑ Individua ❑ Indivi I ❑ CorporateO er—Title(s): ❑ Corporat Iicer—Titie(s): ❑ Partner—❑ Lim d ❑ General •-•-•rr ❑ Partner— mited ❑ General ,,�rLtJ-•�•,I��•y� ❑ Attorney in Fact To of inumb Here ❑ Attorney in Fact Aw'fa�r�dl�:7tt�F P Top of thumb here ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservato ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 9 2004 National Notary Association•9350 Be Solo Ave.,PC Box 2402•Chalswodh,CA 9131 3-24 02 Item No 59137 Reordec Call Tall-Free 1-800-876-6827 LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Lincoln General Insurance Company,organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania,does hereby nominate,constitute and appoint: Philip E. Vega, Frank Morones its true and lawful attorney(s)-in-fact to sign, seal and execute for and on its behalf, as surety,bonds,undertakings, and other obligatory instruments of similar nature in an amount not to exceed Three Million Dollars($3,000,000)and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation,and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 4°i day of September,2002, RESOLVED that the President,an Executive or Senior Vice President,or any Vice President of the Company,together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date,execute,sign,seal and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER that the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying. IN WITNESS WHEREOF,Lincoln General Insurance Company has caused its corp2hojwani �these presents to be signed by its duly authorized officers this 4th day`%optbm%2002. �. V INSU i.,� Attest: otiRATES — - Gary J. do ,Se tary—' fj.• 00 — ';(0 sid t The Commonwealth of Pennsylvania 2 J.• A — P P York County % �'• FN J'. NsrLV :as On this 4th day of September, 2002, before mit'pp onallyt'•camel \C. Bhojwani, to me known,who being duly swom, did depose and say;that he is the President of the Co rp in and which executed the above instrument:that he knows the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company;and that he executed the said instrument by like order and authority and the same was his free act and deed. Notarial Seal The Commonwealth of Pennsylvania I Catherine Man.Loose,Notary Yolk County Spnngettsbury ilvp.,York C r My Commission Expires June t Notary Pubh (j�� I, Gary Omdorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force. - IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company,at York,Pennsylvania, this 2C l+41 dayof April 2005 Jt't IN3rV'r�o�� - - `- ORATFS '•'��'. -,� � J. d ,Secretary C.9 - =Z? 1977 J; A o= C Zt e aCtGm r., Phune - 1 h. FAX# 7I7-7S1.0]65 x 3350 Ad PO,Bar 3709 York PA 174024136� Bond No. 66111 3294 TERRORISM RIDER NOTICE—FEDERAL TERRORISM INSURANCE COVERAGE AND DISCLOSURE OF PREMIUM Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002 ("the Act'), will be partially reimbursed by the United States under a formula established by federal law. Underthis formula, the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this bond. The portion of your annual premium attributable to certified acts of terrorism under this bond is $0.00. COVERAGE LIMITATIONS Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. SU 0009 12 02 FofCalifornia ALL-PURPOSE ACKNOWLEDGEMENT nge On April 25, 2005 before me, Lisa Clark, Notary Public Name and Title of Officer(e g,"Jane Doe,Notary Public") personally appeared Philip E.Vega Name(s)of Signer(s) ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their Ilsacwtl: signature(s) on the instrument the person(s), or the entity upon _ S commission#1511501 N behalf of which the person(s) acted, executed the instrument. z ,tics Notary Public-California a arm r° orange county WITNESS my hand and fficial seal. My Comm.Expires Sep 3,2008 f i �4- /4 p6 �Ce I,M d�,n r4,, 6 f IAU� Signature of Motary Public ----------------------------------------OPTIONAL----------------------------------------- Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑ Titles(s): ❑ Title(s): ❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee � ❑ Trustee Elr . � --Guardian or Conservator ❑ Guardian or Conservator - ❑ Other: Top of Thumb here ❑ Other: Tap of Thumb here Signer Is Representing: Signer Is Representing: BD-1133 09/00 Bond #661113294 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That D.C. Hubbs Construction as Contractor, And Lincoln General Insurance Company as Surety, are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the County of Riverside, State of California, hereinafter called the "City," in the sum of: Eighty six thousand eight hundred and eighty eight ($86,888.00) dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS, said Contractor has been awarded and is about to enter into the annexed agreement with said City to perform the Work as specified or indicated in the Contract Documents entitled: FARRELL DRIVE SIDEWALK CITY PROJECT NO.04-09 NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators, successors, or assigns shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for, or about the performance of the Work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections 3247-3252, inclusive, of the Civil Code of the State of California and acts amendatory thereof, and Sections of other Codes of the State of California referred to therein and acts amendatory thereof, and provided that the persons, companies, or corporations so furnishing said materials, provisions, equipment, or other supplies, appliances, or power used in, upon, for, or about performance of the Work contracted to be executed or performed, or any person, company, or corporation renting or hiring implements or machinery or power for, or contributing to, said work to be done,or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor, shall have complied with the provisions of said laws, then said surety will pay the same in an amount not exceeding the sum hereinbefore set forth, and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee as shall be fixed by the Court. This Bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said Contractor or said Surety, and notice of said alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED, this 25th day of April 2005. PAYMENT BOND AGREEMENT AND BONDS-PAGE 14 CONTRACTOR: D.C. Hubbs Construction (Check one: X /I// ndividual, partnership, _corporation) % By signature (NOTARIZED) Print Name and Title: gg gg ��� L'?I7C (�iad6•�r� By [�al� �� /�o�np/� p� signature u�SEEry�bCC`r��\�r���,A�`G Y�9yY�ipENT (NOTARIZED) FG91 pl1OrT�'Sw-uNr9 Print Name and Title: (Corporations require two signatures; one from each of the following groups: A. Chairman of Board, President, or any Vice President; AND B. Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). SURETY Lincol Gene kIxisu-ra"nce Company ii �r Philip, ;I ga iie Y�i-Fact m ,4ttorn� - (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) PAYMENT BOND AGREEMENT AND BONDS -PAGE 15 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California � (�County of ss. 3i�Lti 1�7,(Y�t n,� On � j� before me, �Ot�Ru KX NIChv�e A�tL�b���grt old. Name and Tale of Calmer 6 � �, (e g,"Jane Dim,Notary Publi") personally appeared d ,C�t R( - (y- 1-k&QS , 1 Name(s)of Signers) ❑ personally known to me roved to me on the basis of satisfactory evidence to be the perso?I gwhose namekis/aTe subscribed _ _ to the within Instrument and acknowledged to me that JENNIFER NICHdIE NACE L heli e'li ey executed the same in his/kr/Zir Commission S 1530848 r authorized capacity and that by his/NK/tF t Omy Notary Public•California signature(k on the instrument the person, or the Ban Bemardino Countyentity upon behalf of which the person ) acted, Comm.Expires Dec 2,2008 executed the instrument. TNESS my hand a d official sea//lr/ / /� Plaue Notary Seal Above W - - r / Signature of Notary Public `� —� O IONA Though the Information below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached D cument Title or Type of Document: mel-rl to)6ad / Document Date: Apra / y 'lb,Q5- Number of Pages: / gner(s) Other Than Named Above: Cap a ies) Claimed by Signer(s) Signer's Na ` 's Name: El Individual In Individual In ' idual ❑ Corporate Officer 'tle(s): ❑ Corpora - fficer—Title(s): ❑ Partner—❑ Limited ❑ neral r r-•• - ❑ Partner—❑ 1 ed ❑ General - ❑ Attorney in Fact Top ofmp of t� ❑ Attorney in Fact ❑ Trustee m, Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02004 National Notary Association•9360 De Soto Ave.,P.O.Be.2402•Chats,vodh,CA 91313-2402 Item No.5907 Reorder Call Toll-Free 1-800-876-6827 LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Lincoln General Insurance Company,organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania,does hereby nominate,constitute and appoint: Philip E. Vega, Frank Morones its true and lawful attomey(s)-in-fact to sign, seal and execute for and on its behalf, as surety, bonds,undertakings, and other obligatory instruments of similar nature in an amount not to exceed Three M111lon Dollars($3,000,000)and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation,and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 4"day of September,2002. RESOLVED that the President, an Executive or Senior Vice President,or any Vice President of the Company,together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date,execute,sign,seal and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER that the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying. IN WITNESS WHEREOF,Lincoln General Insurance Company has caused its co;27 presents to be signed by its duly authorized officers this 4th day`q,aeptem*j 2002. " Attest: _ � '�q()RATFy, • -�% ------ Gary J. do ,Se t �' u —. Ch;_ - 1977 €Z :�- The Commonwealth of Pennsylvania � J. � ' York County b.'... NSYNP�\P.'.a: a ,. On this 4th day of September, 2002, before m onall 'ct+m C. Bhcjwani,to me known, who being duly sworn, did depose and say:that he is the President of the CorpNAVpyh in and which executed the above instrument:that he knows the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company;and that he executed the said instrument by like order and authority and the same was his free act and deed. Notarial Seal The Commonwealth of Pennsylvania I Catherine Marie Loose,Notary , York County S Commission TwinTwp. York C ik� t. My Commission Expires June 7 Not. Publi I, Gary Omdorff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company,at York,Pennsylvania, this 25thdayof April 2005 \``pstuuiltrtttuiryn ;\`O INS(/ ;.�Q ........... — 44j c��;• OgORATBs 'y('1 J. d ,Secretary ; c Z: 1977 oY _ J NSYL\l sa //YY P7ronr W-757-OM FAX Y 7:i 7514165 ■y//wt .'IAmk fix ii *U Y. 1.'.... ..A 3350 i 4itcfarri'IZd P0.$os3X9, York,PA 1740-0136 Bond No. 66111 3294 TERRORISM RIDER NOTICE—FEDERAL TERRORISM INSURANCE COVERAGE AND DISCLOSURE OF PREMIUM Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002 ("the Act'), will be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this bond. The portion of your annual premium attributable to certified acts of terrorism under this bond is $0.00. COVERAGE LIMITATIONS Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. SU 0009 12 02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On April 25, 2005 before me, Lisa Clark, Notary Public Name and Tille of Officer(e g,"Jane Doe,Notary Public") personally appeared Philip E. Vega Name(s)of Signer(s) ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon )(pserson behalf of which the acted, executed the instrument. LISA CLSRI( Commission# 1571501 z Notary Public-California ; WITNESS my hand and official seal. Orange County r r}�H1 My Comm.Expires Sep 3,2008� V,�{}�'/�' & 'r,,p Signature of Notary Public ----------------------------------------OPTIONAL----------------------------------------- Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑ Titles(s): ❑ Title(s): ❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator El Guardian or Conservator . -- ❑ Other: Top of Thumb here ❑ Other: Top of Thumb here Signer Is Representing: Signer Is Representing: BD-1133 09/00 Best's Rating Center - Search Results Page 1 Page 1 of 1 ._ Ra ter View Ratings:Financial Strength Issuer Credit_&Securities Advanced Search Other Web Centers: Select One Search Results page 1 of 1 1 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with Lincoln General To refine your search, please use our Advanced Search or view our Online Help for more information. New Search Lincoln General View results starting with: A B C D E F G H I J K L M N O P Q R S T U V W X Company Information Financial Strength Ratings Issuer Credit Ratings Outlook/ Outlook/ ` + AMB# '• Company Name + Ralin'g\ 7 Imphcahon *' Long-Term + Implication + Short-Term + Do I. ., 03723 Lincoln General Insurance Company A• e Negative us *Financial Strength Ratings as of 0510612005 04:39 PM E.S.T. Visit Best's Rating Center for a complete overview of our rating process and methodologies. Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company' strength,operating performance and business profile.These ratings are neither a warranty of a company's financial strength nor its ability to meet i obligations,including those to policyholders.View our entire notice for complete details. Customer Service I Product Support I Member Center I Contact Info I Careers About A M.Best I Site Mao I Privacy Policy I Security I Terms of Use I Legal&Llcensinq Copyright©2005 A.M Best Company,Inc All rights reserved. A M.Best Worldwide Headquarters,Ambest Road,Oldwick,New Jersey,08858,Us A http://www3.ambest.com/ratiiigs/RatingsSearch.asp?AltSrc=9 5/6/2005 BID DOCUMENTS Only the following listed documents, identified in the lower right corner as "Bid Forms" and reproduced on colored paper, shall be fully executed and submitted with the Bid at the time of opening of Bids. Bid (Proposal) Bid Schedule(s) List of Subcontractors Non-collusion Affidavit Bid Bond (Bid Security Form) Bidder's General Information Failure of a Bidder to fully execute and submit all of the listed documents with the Bid will render a Bid as non-responsive and subject to rejection. FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 COVER SHEET 3/23/2006 BID FORMS-PAGE 7 BID BID TO: CITY OF PALM SPRINGS, CALIFORNIA The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City in the form included in the Contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled: FARRELL DRIVE SIDEWALK CITY PROJECT NO.04-09 Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond, and all Permits required by the Contract Documents, Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged): Number Date Number Date Number Date Number Date Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of California Labor Code Section 1860, at seq., the undersigned confirms the following as its certification: I am aware of the provisions of Section 3700 of the Labor Cade, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Nan-collusion Affidavit, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned l Bidding Schedules). -I Dated: '.r :a Bidder: ,1/. C• i�"T o�7�jS L )/1)1_6�r I��I C�.�I�1 0 1 By: (Signature)-•.ature) - Title: ' FARRELL DRIVE SIDEWALK i CITY PROJECT NO. 04-09 BID (PROPOSAL) s 3/23/2005 BID FORMS-PAGE 2 r BID SCHEDULE Schedule of Prices for the Construction of the: FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 in Palm Springs, California Item Estimated Unit No. Description Quantity Unit Price Amount 1. Mobilization 1 LS $4,400.00 2, Traffic Control 1 LS 3. Construct 4" Portland Cement Concrete Sidewalk 8,100 SF $�; /eS $�//, 71,5�00 V 4. Construct Portland Cement Concrete Driveway 760 SF 5. Construct 2" Asphalt Concrete Driveway 310 SF $-/3, 0 0 0,00 V/ 6. Construct Type B Access Ramp 5 EA $ „��,�)� $Lr,,, ,5'L, ('0 7 Construct P.C.C. Barrier Curb 315 LF $moo $ , (,, 2fn, oo J 8. Construct Type A2-6 Curb & Gutter 65 LF $„S';_S, J,,s 7-s, (.c g. Remove Existing Tree 12 EA $S IDS. 0O $3, J E0 00 10. Remove Existing A.C. Pavement 1,050 SF $ 11. Remove Existing Concrete Pavement 275 SF - 12. Relocate Existing Sign 9 EA $ ,�,It�a C'C/ $f 13. Concrete Stamping 1 LS $ /� CIO 00 TOTAL OF ALL ITEMS OF THE BID SCHEDULE: • _ i t� (Price in figures) pp� /' Y�1cI � Ix ��OOU;rVtY 'e�l� 1,14 1-)uncirpA{ oIGki c �W f "� -, y J � e � anc /ara (Price in wcrtls) 'f QUANTITIES OF WORK: \ The quantities of work or material stated in the unit price items of the Bid Schedule are supplied only to ^V\�� give an indication of the general scope of the Work. The City does not expressly nor by implication agree that the actual amounts of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any unit price bid item, by an amount up to 25 percent of increase or decrease, without a change in the unit prices, and shall have the right to delete any bid item in its entirety, and receive full credit in the amount shown in the Bid Schedule for the deleted item of Work. (0r)_S I V )C+i C71� Name of Bidder or Firm FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 UNIT PRICE BID SCHEDULE 3/23/2005 BID FORMS -PAGE 3 INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100, et seq., of the Public Contract Code, the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, or $10,000.00, whichever is greater, and shall also list the portion of the Work which will be done by such subcontractor. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. Contractor's Percent License of Total Work to be Performed Number Contract Subcontractor's Name & Address 1117 2. 3. 4. 5. 6. 7. 8. FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 LIST OF SUBCONTRACTORS 3/23/2006 BID FORMS-PAGE 4 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of s' n &'Ki laf-d ind I, (' 1�,J)J)S being first duly sworn, deposes and says that he or she is nr.J» P! of D. e A,)v bS CUhS ✓ ; 1 inL1 the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, or to secure any advantage ' against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her Bid price, or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid. Bidder 1�, �/� tl �?��5 Ch7f��ayl rt��il j� � By Title Organization i nct I I/ i dU Address 3 1 3 0(J, V j 5 Ce+ 7 =:�_3 ?C7 F I i "SEE ATTACHMENT FM WW AR „ I FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 NON-COLLUSION AFFIDAVIT 3/23/2005 BID FORMS-PAGE 5 f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Zi I . State of California as. I- Gaunty of ��YE ��4��^Fk'��-/7 D�'mi'Ar( Ad' Q � p On 1r >� c P)F before mew a� 2/ �ULC' ✓faou J�' L paleA {� Name antl 411a cI0111cer(e.8."Jane poe,Notary ubliG') 9 personally appeared _� � b1 f2o-� _ /6 b&3 Namelsl or elgnags) ` fersonally known to me ❑ proved to me on the basis of satisfactory evidence Ir to be the person(s) whose name(s) is/are _ / subscribed to the within instrument and _ JENNIFER NICHOLE MACE ■ acknowledged to me that he/she/they executed 0-filly Commission#1530848 the same in his/her/their authorized Notary Public-California g capacity(ies), and that by his/her/theirSan Bernardino County [ signature(s) on the instrument the person(s), or 1 Comm.Explifers Dec2,20081 the entity upon behalf of which the person(s) — — — — — — acted, executed the Instrument. i ;1FSS my hand and official seal. l ,4F2 ^9y y/ SIgn aluAre jof.N1o7lary Publ¢ I Y, — OPTIONAL I' Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. -I I Description of Attached Document pp Title or Type of Document: IiB ' i> AJk,a��' I' I M F Document Date: � 1 Number of Pages: ) P111 f 1 Signer(s) Other Than Named Above: -4 '��$ I� Oa ies) Claimed by Signer Signer's Name: w 01,1.1 ❑ Individual ��•� � Top of thumb i El Corporate Officer—Title(s): �s ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee I ❑ Guardian or Conservator - I ❑ Other: Signer Is Representing:, 91999 National Notary AMC eal llon•9350 De Soto Ave,PO,Sax 2402•Chatsworth,CA B1313-2402•www.nalionalnotary aria Prod.No.5907 Raorder:Call Toll-Free 1.800-876 6527 BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: J_/UbJos (-"nr-);+Ir )G � ✓- j 3730G IAS _F2_ VEClJ Dr. C. GPI I.D.-3 e`7 2. CONTRACTOR'S Telephone Number:(�701? I Facsimile Number: (90 ) '7 ! 7 - -Y 7-S` i i 3. CONTRACTOR'S License: Primary Classification State License Number(s) S(J 9- Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety �n ,� f'v zc. I c is c t �� ae I U _C r'S A') i Address / � nQ E Lacm� ��� ✓� �1d(' Surety Company &c�lkl err•✓1e' 3uY'?vlce 6'o Telephone Numbers: Agent (7J )�,SL, clB�G Surety ( ) 5. Type of Firm (Individual, Partnership or Corporation): n J I vi d v a_� 6. Corporation organized under the laws of the State of: N Ir? 7. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm: IDan,),l C . 14Abs () Wne � FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 BIDDER'S GENERAL INFORMATION 3/23/2005 BID FORMS - PAGE 7 BIDDER'S GENERAL INFORMATION (Continued) 8. Number of years experience as a contractor in this specific type of construction work: 9. List at least three related projects completed to date: )_u"q)a. ZclroArnc»i J'l a. Owner prvices Des}✓iLf Addressl/ani I4_A6ie_IlS , j1l1`r Lp,,n2.C19 Contact Class of Work r'0/)s f rocl yr;)J /' 1� �e ✓e Phone 1'.S/- '(J 0-- /,St,0 Contract Amount _/6), Project Date Completed Contact Person q9 Telephone number _ b. Owner aiU�✓-Sit Co. -TZ-Ml4 Address �/ ,D %cmo)i 'i4, l% C I4 I J,'i( Contact IN);IS e Class of Work /r� s��/� Lzl✓ r Phone2S/ Contract Amount Project Mu✓irie Date Completed _/,=), -/O-0 _ Contact Person Telephone number c. Owner 5> IS vnar I`nc Co Address VAS' C 3 CN CIL-. U/o- r Contact r 2;•-ar� JO I zck mzh Class of Work Ia y a IO .I Y r ri c i vJ Phone cj10`�- Y >- 3=/ l,S_ Contract Amount a/S; 000 Project�r'u=✓sire L),- S>'z; wn Date Completed ,3 - -0,S Contact Person Drz;nTelephone number 10. List the name and title of the person who will supervise full-time the proposed work for your firm: 19 0 5 1/ tf7 (.t.l n 11. Is full-time supervisor an employee+�S contract services ? 12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 BIDDER'S GENERAL INFORMATION 3/23/2005 BID FORMS-PAGE 8 4 . l BID BOND KNOW ALL BY THESE PRESENTS, That we, D C. HUBBS CONSTRUCTION of YUCAIPA, CA (hereinafter called the Principal), as Principal, and LINCLON GENERAL INSURANCE COMPANY (hereinafter called the Surety), as Surety are held and firmly bound unto THE CITY OF PALM SPRINGS (hereinafter called the Obligee) in the penal stun of 10% of Bid Amount-------- ----------------- --- - ----- - - --- - ---- --- --------- - - --------------------- --- Dollars($ 10% of Bid Amount ) for the payment of which the Principal and the Surety bhtd themselves, thew heirs, executors, administrators, successors and assigns, jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for FARRELL DRIVE SIDEWALK NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract,then this obligation shall be void; otherwise to remain in full force and effect. Signed and sealed this 31 St day of March 2005 "SEE ATTACHMENT FOR NOTARY" /HUS CONSTRUCTIf�JN (Seal) Principal Witness � Title LINCLON GENERAL INSURANCE COMPANY Witness {*L . A Attorney-in-Fact 5-00531GEEF 10199 LINCOLN GENERAL INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Lincoln General Insurance Company, organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania,does hereby nominate,constitute and appoint: Philip E. Vega its true and lawful attomey(s)-in-fact to sign, seal and execute for and on its behalf, as surety, bonds, undertakings, and other obligatory instruments of similar nature in an amount not to exceed Three NUIllon Dollars($3,000,000)and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation,and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 4`s day of September,2002. RESOLVED that the President, an Executive or Senior Vice President,or any-Vice President of the Company,together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attomey appointing the person(s) named as Attomey(s)-in-Fact to date,execute,sign,seal and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER that the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying, IN WITNESS WHEREOF,Lincoln General Insurance qCompany�h`as caused its corpora a to be ixed, these presents to be signed by its duly authorized officers this 4th day\Rt*ptinnbl !2002. L 1 NS(ypp�iiiv f+lJ Attest: Z:' QpoRATr;s tin Gary J. do ,Se tary c (D o� 'a� hojwani,Presid t 1977 t The Commonwealth of Pennsylvania E j•- ,o York County .l. — aP•' On this 4th day of September, 2002, before m�ppsouall cam \\C. Bhojwani, to me known, who being duly sworn,did depose and say:that he is the President of the Corp in and which executed the above ingtrument;that he knows the seat affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company;and that he executed the said instrument by like order and authority and the same was his free act and deed. Nw.nal Seal The Commonwealth of Pennsylvania Cathenne Mane Loose,Notary York County Spn umfosion Expires York C �,(� My Commission Expires June 7*�N'kta'ypiibl,/ '" v I, Gary Omdarff, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of die original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force. w ITNESS WIIERFOF_I have hereunto set my hand and affixed the seal of said Company,at York,Pennsylvania, this 31st dayof March. 200 o'``��� ORATt; '•.2f'c erS'J d s etary — C7 r � — �•'.Fit z' 1977 o O`- A'FN NAP �a "f� f���r�-: A�hzt�ar+iTtrl,l'.Cl. nc37tJs+, Yrar�Fli 15INAI6�a P7mn�7i7-7ST^27t14�p PAX� 7I7 7 -� IJ2�(tT36 Bond No. BBSU TERRORISM RIDER NOTICE—FEDERAL TERRORISM INSURANCE COVERAGE AND DISCLOSURE OF PREMIUM Any loss applicable to a peril covered under this bond that is . caused by a certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002 ("the Act'), will be partially reimbursed by the United States under a formula .established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this bond. The portion of your annual premium attributable to certified acts of terrorism under this bond is $0.00. COVERAGE LIMITATIONS Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. SU 0009 12 02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On March 31, 2005 before me, Lisa Clark, Notary Public Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Philip E. Vega Name(s)of Signer(s) ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon LISA ns)CLARK behalf of which the perso acted, executed the instrument. ` Commission# 1511501 Oflly Notary Public-California Orange County WITNESS my hand and official seal. 7 _ _ Comm,ExpiresSep 3,2008� �`� I Signature of Notary Public ----------------------------------------OPTIONAL----------------------------------------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑ Titles(s): ❑ Title(s): ❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ,,... , ❑ Trustee „ffivi, ❑ Guardian or Conservator �o ❑ Guardian or Conservator . ❑ Other: Top of Thumb here ❑ Other: Top of Thumb here Signer Is Representing: Signer Is Representing: BD-1133 09/00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 5' State of California �^ I County of c j cn 6'�d'��"C�(/? ss. f On Apl: 12j C before meAgonr�r�dC�9r)'i2/U'VdPPd�D ry/GtG�� Data f / Name and Tilla o(Ofiloer(a,g,"Jere oe,Nolary Pubh ') personally appeared bai� l l f�Id5 Nei s)al Slgnar(s) _iNpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are JENNIFER NICHOLE NACE / subscribed to the within Instrument and a 'a Commission#1530848a acknowledged to me that he/she/they executed Notary Public-California the same in his/her/their authorized San Bernardino County capacity(ies), and that by his/her/their _ _ _ My Comm.Expires Dec 2,2008� signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. f TNESS my hand qd official seal. Sl9nalure of Nolery Pubilc i OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached DocumentQ Title or Type of Document: 6!d`�II L.JL7�jnL Document Date: / ° r r- �c 7 -ppCQ� Number of Pages: Signer(s) Other Than Named Above: I l city(ies) Claimed by Signer 1 Signer's Name: a- ❑ Individual Top of thumb here ❑ Corporate Off!car—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact �r ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 Nalional Notary Assoc lolon•9350 Do Soto Ave,PO Box 2402-Chat mchh,CA 91013-2402•www.nallonalnetary.mg Pmd.No,5907 Reorder:Cell Tolll 1-0008766827 i i j CITY OF PALM SPRINGS, CALIFORNIA PUBLIC WORKS & ENGINEERING DEPARTMENT NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND SPECIAL PROVISIONS FOR CONSTRUCTION OF THE: FARRELL DRIVE SIDEWALK 2004-2005 SB 821 CITY PROJECT NO. 04 - 09 IN THE CITY OF PALM SPRINGS March 2005 OF PALM S U �Y LA RPORAT@O cq j � Fo ���P David J. Barakian, P.E., Director of Public Works/City Engineer Bids Open: April 12, 2005 Dated: March 17, 2005 CITY PROJECT NO. 04 - 09 The Special Provisions contained herein have been prepared by, or under the direct supervision of, the following Registered Civil Engineer: QppFESS/pN t�0 GE F. F,y R! 2 George F. Farago, P.E. � m Associate Civil Engineer s No.C-62254 zu Civil Engineer C 62254 * Exp:9-30-2001 9TFCF CAl FCP Approved by: YAL David J. Barakian, RE Director of Public Works/City Engineer Civil Engineer C 28931 FARRELL DRIVE SIDEWALK CITY PROJECT NO.04-09 3/17/05 SIGNATURE PAGE NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND SPECIAL PROVISIONS TABLE OF CONTENTS PART I -- BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS Notice Inviting Bids Instructions to Bidders Bid Forms Bid (Proposal) Bid Schedule List of Subcontractors Non-collusion Affidavit Bidder' s General Information Bid Bond (Bid Security Form) Agreement and Bonds Agreement Form Worker' s Compensation Certificate Performance Bond Payment Bond Certificate of insurance PART 11 -- SPECIAL PROVISIONS Section I - Terms, Definitions, Abbreviations, and Symbols Section 2 - Scope and Control of Work Section 3 - Changes in Work Section 4 - Control of Materials Section 5 - Utilities Section 6 - Prosecution, Progress, and Acceptance of the Work Section 7 - Responsibilities of the Contractor Section 8 - Facilities for Agency Personnel Section 9 - Measurement and Payment Section 10 - Construction Details PART III -- APPENDICES APPENDIX C. P. S . Standard Drawings Rubber Stamp FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 SPECIAL PROVISIONS 3/23/2006 GENERAL CONTENTS -PAGE 1 CITY OF PALM SPRINGS PUBLIC WORKS & ENGINEERING DEPARTMENT PART I - BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 Notice Inviting Bids Instructions to Bidders Bid Forms Bid (Proposal) Bid Schedule List of Subcontractors Non-Collusion Affidavit Bidder' s General Information Bid Bond (Bid Security Form) Agreement and Bonds Agreement Form Worker' s Compensation Certificate Performance Bond Payment Bond Certificate of Insurance FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 PART 1 CONTENTS 3/23/2005 PAGE 1 CITY OF PALM SPRINGS NOTICE INVITING BIDS For constructing Farrell Drive Sidewalk - City Project No. 04-09 N-1 NOTICE IS HEREBY GIVEN that sealed bids for the Farrell Drive Sidewalk will be received at the office of Procurement and Contracting Manager of the City of Palm Springs, California, until 2 P.M. on April 12, 2005, at which time they will be opened and read aloud. N-2 DESCRIPTION OF THE WORK: The Work comprises the construction of new Portland cement concrete sidewalk, driveways and access ramps; removal of existing asphalt concrete driveways; adjustment of water meter boxes to grade; and all appurtenant work on the east side of Farrell Drive from Andreas Road to Alejo Road in Palm Springs . N-3 AWARD OF CONTRACT: (a) The City reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a bid, or to make award to the lowest responsive, responsible bidder and reject all other bids, as it may best serve the interest of the City. (b) As a condition of award, the successful bidder will be required to submit payment and performance bonds and insurance . N-4 BID SECURITY: each bid shall be accompanied by a certified or cashier' s check or Bid Bond in the amount of 10 percent of the total bid price, payable to the City of Palm Springs . N-5 BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a period of 60 calendar days from the date of bid opening. N-6 CONTRACTOR' S LICENSE CLASSIFICATION: The Contractor shall possess a valid Class A or C-8 Contractor license at the time of submitting bids . N-7 CALIFORNIA WAGE RATE REQUIREMENTS: The Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed. A copy of said wage rates is on file at the office of the City Engineer. The Contractor and any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates at the project site. N-8 RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 NOTICE INVITING BIDS 3/23/2005 PAGE 7 time, without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code. N-9 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: (a) Contract Documents may be inspected without charge at the office of the City Engineer, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262 . (b) Complete sets of said Contract Documents may be purchased at $30 per set and are obtainable from the office of the City Engineer, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262 . No refund will be made of any charges for sets of Contract Documents . (c) An additional fee of $20. 00 will be charged for sets of documents sent by mail . N-10 ADDRESS AND MARKING OF BIDS: The envelope enclosing the Bid shall be sealed and addressed to the City of Palm Springs, and shall be delivered or mailed to the Procurement and Contracting Manager at 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262 . The envelope shall be plainly marked in the upper left hand corner with the name and address of the Bidder and shall bear the words "Bid For. . " followed by the title of the Project and the date and hour of opening Bids . The certified or cashier' s check or Bid Bond shall be enclosed in the same envelope with the Bid. BY ORDER OF THE CITY OF PALM SPRINGS Date: March 17, 2005 By David J. Barakian, PE Director of Public Works/City Engineer FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 NOTICE INVITING BIDS 3/23/2006 PAGE 2 CITY OF PALM SPRINGS INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS - Terms used in these Instructions to Bidders and the Notice Inviting Bids and not defined herein shall have the meanings assigned to them in the General and Special Provisions. The term "Bidder" shall mean one who submits a Bid directly to the City, as distinct from a sub-bidder, who submits a Bid to a Bidder. The term "Engineer" shall be as defined in the Special Provisions. 2. COMPETENCY OF BIDDERS - In selecting the lowest responsive, responsible Bidder, consideration will be given not only to the financial standing of the Bidder, but also to the general competency of the Bidder for the performance of the Work covered by the Bid. To this end, each Bid shall be supported by a statement of the Bidder's experience as of recent date on the form entitled "Bidder's General Information," bound herein. Except as otherwise provided under Public Contract Code §20103.5, no Bid for the Work will be accepted from a contractor who does not hold a valid contractor's license in the State of California for the classifications named in the Notice Inviting Bids at the time of award. 3. DISQUALIFICATION OF BIDDERS - More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. If the City believes that any Bidder is interested in more than one Bid for the Work contemplated, all Bids in which such Bidder is interested will be rejected. If the City believes that collusion exists among the Bidders, all Bids will be rejected. 4. BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND THE SITE — a) It is the responsibility of each Bidder before submitting a Bid to examine the Contract Documents thoroughly; visit the site to become familiar with local conditions that may affect cost, progress, or performance of the Work; consider federal, state, and local laws and regulations that may affect cost, progress, or performance of the Work; study and carefully correlate the Bidder's observations with the Contract Documents; and notify the Engineer of all conflicts, errors, or discrepancies noted in the Contract Documents. (b) Reference is made to the Special Provisions for identification of those reports of explorations and tests of subsurface conditions at the site which may have been utilized by the Engineer in the preparation of the Contract Documents. However, such reports are NOT a part of the Contract Documents. The interpretation of such technical data, including any interpolation or extrapolation thereof, together with non-technical data, interpretations, and opinions contained therein or the completeness thereof is the responsibility of the Bidder. (c) Copies of such reports and drawings will be made available for inspection by the City to any Bidder upon request. Those reports and drawings are NOT part of the Contract Documents, but any technical data contained therein upon which the Bidder is entitled to rely is limited to that set forth in the Special Provisions. (d) Subject to the provisions of Section 4215 of the California Government Code, information and data reflected in the Contract Documents with respect to underground utilities at or contiguous to the site is based upon information and data furnished to the City and the Engineer by the owners of such underground utilities or others, and the City does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Special Provisions. (a) Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground utilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in the Standard Specifications and Special Provisions. (f) Before submitting a Bid, each Bidder must, at Bidder's own expense, make or obtain any additional examinations and investigations which pertain to the physical conditions (surface, subsurface, and underground utilities) at or contiguous to the site or otherwise which may affect cost, progress, or performance of the Work and which the Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents. (g) Where feasible, upon request in advance, the City will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submittal of a Bid. The Bidder shall fill all exploration and test holes made by the Bidder and shall repair damage, clean up, and restore the site to its former condition upon completion of such exploration. FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 INSTRUCTIONS TO 3/23/2005 BIDDERS- PAGE 1 (h) The lands upon which the Work is to be performed, the rights-of-way and easements for access thereto, and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Contractor. Easement for permanent structures or permanent changes in existing structures will be obtained and paid for by the City unless otherwise provided in the Contract Documents. (i) The submittal of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article; that without exception the Bid is premised upon performing the Work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents; and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all the terms and conditions for performance of the Work. 5. INTERPRETATIONS - All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be resolved by the issuance of Addenda mailed or delivered to all parties recorded by the Engineer or the City as having received the Contract Documents. Questions received less than 5 days prior to the date of opening Bids may not be answered. Only questions that have been resolved by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. 6. BID SECURITY, BONDS, AND INSURANCE - Each Bid shall be accompanied by a certified or cashier's check or approved Bid Bond in the amount stated in the Notice Inviting Bids. Said check or bond shall be made payable to the City and shall be given as a guarantee that the Bidder, if awarded the Work, will enter into an Agreement with the City and will furnish the necessary insurance certificates, Payment Bond, and Performance Bond. Each of said bonds and insurance certificates shall be in the amounts stated in the Standard Specifications or Special Provisions. In case of refusal or failure of the successful Bidder to enter into said Agreement, the check or Bid Bond, as the case may be, shall be forfeited to the City. If the Bidder elects to furnish a Bid Bond as its security, the Bidder shall use the Bid Bond form bound herein, or one conforming substantially to it in form. 7. RETURN OF BID SECURITY - Within 14 days after award of the Contract, the City will return all bid securities accompanying such of the Bids that are not considered in making the award. All other Bid securities will be held until the Agreement has been finally executed. They will then be returned to the respective Bidders whose Bids they accompany. 8. BID FORM -The Bid shall be made on the Bid Schedule sheets bound herein. Unless otherwise provided in the Notice Inviting Bids, in the event there is more than one Bid Schedule, the Bidder may Bid on any individual schedule or on any combination of schedules. All bid items shall be properly filled out. Where so indicated in the Bid Documents, Bid price shall be shown in words and figures, and in the event of any conflict between the words and figures, the words shall govern. The envelope enclosing the sealed bids shall be plainly marked in the upper left-hand corner with the name and address of the Bidder and shall bear the words "BID FOR," followed by the title of the Contract Documents for the Work, the name of the "CITY OF PALM SPRINGS," the address where the bids are to be delivered or mailed to, and the date and hour of opening of bids. The Bid Security shall be enclosed in the same envelope with the Bid. 9. SUBMITTAL OF BIDS - The Bids shall be delivered by the time and to the place stipulated in the Notice Inviting Bids. It is the Bidder's sole responsibility to see that its Bid is received in proper time. Bids will not be accepted after the appointed time for opening of bids, no matter what the reason. 10. DISCREPANCIES IN BIDS - In the event that there is more than one Bid Item in the Bid Schedule, the Bidder shall furnish a price for all Bid Items in the schedule, and failure to do so will render the Bid as non-responsive and may cause its rejection. In the event that there are unit price Bid Items in a Bid Schedule and the "amount" indicated for a unit price Bid Item does not equal the product of the unit price and quantity listed, the unit price shall govern and the amount will be corrected accordingly, and the Contractor shall be bound by such correction, subject to the provisions of Section 5100 at seq. of the California Public Contract Code. In the event that there is more than one Bid Item in a Bid Schedule and the total indicated for the schedule does not agree with the sum of prices Bid on the individual items, the prices bid on the individual items shall govern and the total for the schedule will be corrected accordingly, and the Contractor shall be bound by said correction, subject to the provisions of Section 5100 at seq. of the California Public Contract Code. 11. QUANTITIES OF WORK — FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 INSTRUCTIONS TO 3/23/2005 BIDDERS-PAGE 2 (a) The quantities of work or material stated in unit price items of the Bid are supplied only to give an indication of the general scope of the Work; the City does not expressly or by implication agree that the actual amount of work or material will correspond therewith. (b) In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit prices established for such work under the Contract Documents; provided, that on unit price contracts, increases of more than 25 percent, decreases of more than 25 percent, and eliminated items shall be adjusted as provided in Section 3 of the Standard Specifications and Special Provisions. 12. WITHDRAWAL OF BID - The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or it's properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids prior to the scheduled closing time for receipt of Bids. 13. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS - Unauthorized conditions, limitations, or provisos attached to the Bid will render it informal and may cause its rejection as being non-responsive. The completed Bid forms shall be without interlineation, alterations, or erasures. Alternative Bids will not be considered unless expressly called for in the Notice Inviting Bids. Oral, FAX, telegraphic, or telephone Bids or modifications will not be considered. 14. LIQUIDATED DAMAGES - Provisions for liquidated damages, if any, shall be as set forth in the Agreement and the provisions of the Special Provisions. 15. SUBSTITUTE OR "OR-EQUAL" ITEMS - The procedure for submittal of any application for a substitute or "or-equal" item by the Contractor and consideration by the Engineer is set forth in Section 4 of the Standard Specifications and Special Provisions. 16. AWARD OF CONTRACT - Award of Contract, if it is awarded, will be based primarily on the lowest overall cost to the City, and will be made to a responsive, responsible Bidder whose Bid complies with all the requirements prescribed. Unless otherwise specified, any such award will be made within the period stated in the Notice Inviting Bids that the Bids are to remain open, unless extended by mutual agreement of the bidders. Unless otherwise indicated, a single award will not be made for less than all the Bid Items of an individual Bid Schedule. In the event the Work is contained in more than one Bid Schedule, the City may award schedules individually or in combination. In the case of 2 or more Bid Schedules which are alternative to each other, only one of such alternative schedules will be awarded. 17. EXECUTION OF AGREEMENT - The Bidder to whom award is made shall execute a written Agreement with the City on the form of agreement provided, shall secure all insurance, and shall furnish all certificates and bonds required by the Contract Documents within 15 calendar days after receipt of the Agreement forms from the City. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award and forfeiture of the Bid Security. If the lowest responsive, responsible bidder refuses or fails to execute the Agreement, the City may award the Contract to the second lowest responsive, responsible Bidder. If the second lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the City may award the Contract to the third lowest responsive, responsible Bidder. On the failure or refusal of such second or third lowest Bidder to execute the Agreement, each such bidder's Bid Securities shall be likewise forfeited to the City. 18. WORKER'S COMPENSATION REQUIREMENT -The Bidder should be aware that in accordance with laws of the State of California, the Bidder will, if awarded the Contract, be required to secure the payment of compensation to its employees and execute the Worker's Compensation Certification. 19. LOCAL BUSINESS PROMOTION — (a) In determining the lowest responsible Bidder, the following provisions of Section 7.09.030 of the City of Palm Springs Municipal Code shall be applied to a Bid submitted by a local business enterprise or contractor: For any contract for services, including construction services, a reciprocal preference shall be given as against a non-local business enterprise contractor from any state, county or city that gives or requires a preference to contractors from that entity in award of its service contracts. The amount of the reciprocal preference shall be equal to the amount of the preference applied by the entity in which the non-local business enterprise contractor is based as against the Bid of a City of Palm Springs contractor. FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 INSTRUCTIONS TO 3/23/2005 BIDDERS-PAGE 3 (b) For all contract Bids proposing sub-contractors: (1) The prime contractor shall use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises, and to sub-contract services to businesses whose work force resides within the Coachella Valley ("local sub-contractor"). (2) The prime contractor shall submit evidence of such good faith efforts at the time of submission of Bids. Good faith efforts may be evidenced by placing advertisements inviting proposals in local newspapers, sending requests for proposals to local sub-contractors, or by demonstrating that no local sub-contractors are qualified to perform the work or supply the materials or equipment. (3) Any notice inviting Bids which may require the use of sub-contractors shall include notification of this subdivision. (4) The City may reject as non-responsive the Bid of any contractor proposing to use sub-contractors that fails to comply with the requirements of this subdivision. - END OF INSTRUCTIONS TO BIDDERS - FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 INSTRUCTIONS TO 3/23/2005 BIDDERS- PAGE 4 BID DOCUMENTS Only the following listed documents, identified in the lower right corner as "Bid Forms" and reproduced on colored paper, shall be fully executed and submitted with the Bid at the time of opening of Bids. Bid (Proposal) Bid Schedule(s) List of Subcontractors Non-collusion Affidavit Bid Bond (Bid Security Form) Bidder's General Information Failure of a Bidder to fully execute and submit all of the listed documents with the Bid will render a Bid as non-responsive and subject to rejection. FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 COVER SHEET 3/23/2005 BID FORMS-PAGE 7 BID BID TO: CITY OF PALM SPRINGS, CALIFORNIA The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City in the form included in the Contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled: FARRELL DRIVE SIDEWALK CITY PROJECT NO.04-09 Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond, and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged): Number Date Number Date Number Date Number Date Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of California Labor Code Section 1860, at seq., the undersigned confirms the following as its certification: I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). Dated: Bidder: By: (Signature) Title: FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 BID (PROPOSAL) 3/23/2006 BID FORMS-PAGE 2 BID SCHEDULE Schedule of Prices for the Construction of the: FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 in Palm Springs, California Item Estimated Unit No. Description Quantity Unit Price Amount 1. Mobilization 1 LS $4,400.00 2, Traffic Control 1 LS $ 3. Construct 4" Portland Cement Concrete Sidewalk 8,100 SF $ $ 4. Construct Portland Cement Concrete Driveway 760 SF $ $ 6. Construct 2"Asphalt Concrete Driveway 310 SF $ $ 6. Construct Type B Access Ramp 5 EA $_ $ 7 Construct P.C.C. Barrier Curb 315 LF $ $- 8• Construct Type A2-6 Curb &Gutter 65 LF $ $ 9. Remove Existing Tree 12 EA $ $ 10, Remove Existing A.C. Pavement 1,050 SF $ $ 11 Remove Existing Concrete Pavement 275 SF $ $ 12• Relocate Existing Sign 9 EA $ $ 13. Concrete Stamping 1 LS $ TOTAL OF ALL ITEMS OF THE BID SCHEDULE: S IPrice in figwesl IPrice in words) QUANTITIES OF WORK: The quantities of work or material stated in the unit price items of the Bid Schedule are supplied only to give an indication of the general scope of the Work. The City does not expressly nor by implication agree that the actual amounts of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any unit price bid item, by an amount up to 25 percent of increase or decrease, without a change in the unit prices, and shall have the right to delete any bid item in its entirety, and receive full credit in the amount shown in the Bid Schedule for the deleted item of Work. Name of Bidder or Firm FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 UNIT PRICE BID SCHEDULE 3/23/2005 BID FORMS - PAGE 3 INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100, at seq., of the Public Contract Code, the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, or $10,000.00, whichever is greater, and shall also list the portion of the Work which will be done by such subcontractor. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. Contractor's Percent License of Total Work to be Performed Number Contract Subcontractor's Name & Address 1. 2. 3. 4. 5. 6. 7. 8. FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 LIST OF SUBCONTRACTORS 3/23/2005 BID FORMS-PAGE 4 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of ) I, being first duly sworn, deposes and says that he or she is of , the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her Bid price, or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid. Bidder By Title Organization Address FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 NON-COLLUSION AFFIDAVIT 3/23/2005 BID FORMS-PAGE 5 BID BOND KNOW ALL MEN BY THESE PRESENTS, That as Principal, and as Surety, are held and firmly bound unto the City of Palm Springs, hereinafter called the "City" in the sum of: dollars (not less than 10 percent of the total amount of the bid) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. r WHEREAS, said Principal has submitted a Bid to said City to perform the Work required under the Bid Schedule(s) of the City's Contract Documents entitled: FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 NOW THEREFORE, if said Principal is awarded a Contract by said City, and within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a written Agreement on the Form of Agreement bound with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this Bond by said City, and City prevails, said Surety shall pay all costs incurred by said City in such suit, including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED, this day of 2005. B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer,or Chief Financial Officer). PRINCIPAL: SURETY: (Check one: _individual, _partnership, _corporation) By By signature (NOTARIZED) Print Name and Title: Title (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) By signature (NOTARIZED) Print Name and Title: (Corporations require two signatures;one from each of the following groups:A.Chairman of Board,President,or any Vice President,AND FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 BID BOND (BID SECURITY FORM) 3/23/2005 BID FORMS- PAGE 6 BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items Will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: 2. CONTRACTOR'S Telephone Number:( ) Facsimile Number: ( ) 3. CONTRACTOR'S License: Primary Classification State License Number(s) Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety Address Surety Company Telephone Numbers: Agent ( ) Surety ( ) 5. Type of Firm (Individual, Partnership or Corporation): 6. Corporation organized under the laws of the State of: 7. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm: FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 BIDDER'S GENERAL INFORMATION 3/23/2005 BID FORMS-PAGE 7 BIDDER'S GENERAL INFORMATION (Continued) 8. Number of years experience as a contractor in this specific type of construction work: 9. List at least three related projects completed to date: a. Owner Address Contact Class of Work Phone Contract Amount Project Date Completed Contact Person Telephone number b. Owner Address Contact Class of Work Phone Contract Amount Project Date Completed Contact Person Telephone number C. Owner Address Contact Class of Work Phone Contract Amount Project Date Completed Contact Person Telephone number 10. List the name and title of the person who will supervise full-time the proposed work for your firm: 11. Is full-time supervisor an employee contract services ? 12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 BIDDER'S GENERAL INFORMATION 3/23/2006 BID FORMS -PAGE 8 AGREEMENT THIS AGREEMENT made this day of in the year 200 , by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 --THE WORK The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the City's Contract Documents entitled: FARRELL DRIVE SEDEWALK CITY PROJECT NO.04-09 The Work is generally described as follows: The Work comprises the construction of new Portland cement concrete sidewalk, driveways and access ramps; removal of existing asphalt concrete driveways; adjustment of water meter boxes to grade; and all appurtenant work on the east side of Farrell Drive from Andreas Road to Alejo Road,in Palm Springs. ARTICLE 2--COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with the applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum of *425,00 for each calendar day that expires after the time specified in Article 2, herein. ARTICLE 3--CONTRACT PRICE The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid and Bid Schedule(s). ARTICLE 4--THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers to , inclusive, and all Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5--PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with provisions of the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the Engineer or the City as provided in the Contract Documents FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 AGREEMENT FORM 3/23/2005 AGREEMENT AND BONDS - PAGE 9 ARTICLE 6--NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7--MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications as amended by the Special Provisions will have the meanings indicated in said Standard Specifications and Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk APPROVED AS TO FORM: APPROVED BY THE CITY COUNCIL: By City Attorney Minute Order No. Date Date Agreement No. CONTENTS APPROVED: By City Engineer Date By City Manager Date FARRELL DRIVE SIDEWALK CITY PROJECT NO, 04-09 AGREEMENT FORM 3/23/2005 AGREEMENT AND BONDS- PAGE 10 CONTRACTOR: (Check one:_individual,_partnership, corporation) By, signature (NOTARIZED) Print Name and Title: By signature (NOTARIZED) Print Name and Title: Mailing Address: Date (Corporations require two signatures;one from each of the following groups:A. Chairman of Board, President,or any Vice President;AND B. Secretary,Assistant Secretary,Treasurer, Assistant Treasurer, or Chief Financial Officer). End of Signatures FARRELL DRIVE SIDEWALK AGREEMENT FORM CITY PROJECT NO. 04-09 AGREEMENT AND BONDS - PAGE 11 3/23/2005 WORKER'S COMPENSATnON CERTIFICATE (AS REQUIRED BY SECTION 1861 OF THE CALIFORNIA LABOR CODE) I am aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for worker's compensation, Or to undertake self-insurance in accordance with the provisions of said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract. Contractor By- Title FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 WORKER'S COMPENSATION CERTIFICATE 3/23/2005 AGREEMENT AND BONDS-PAGE 12 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That as Contractor, And as Surety, are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the County of Riverside, California, hereinafter called the "City," in the sum of: dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said City to perform the Work as specified or indicated in the Contract Documents entitled: FARRELL DRIVE SIDEWALK CITY PROJECT NO.04-09 NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract Documents required to be performed on its part, at the times and in the manner specified herein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said Contractor or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED,this day of , 2005. CONTRACTOR: _ (Corporations require two signatures;one from each of the following groups:A.Chairman of Board,President,or any Vice President; AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief (Check one: _individual, _partnership, Financial officer). _corporation) By SURETY: signature (NOTARIZED) Print Name and Title: By By - Title signature (SEAL AND NOTARIAL ACKNOWLEDGMENT OF (NOTARIZED) SURETY) Print Name and Title: FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 PERFORMANCE BOND 3/23/2005 AGREEMENT AND BONDS - PAGE 13 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That as Contractor, And as Surety, are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the County of Riverside, State of California, hereinafter called the "City," in the sum of: dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents. WHEREAS, said Contractor has been awarded and is about to enter into the annexed agreement with said City to perform the Work as specified or indicated in the Contract Documents entitled: FARRELL DRIVE SIDEWALK CITY PROJECT NO.04-09 NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators, successors, or assigns shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for, or about the performance of the Work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections 3247-3252, inclusive, of the Civil Code of the State of California and acts amendatory thereof, and Sections of other Codes of the State of California referred to therein and acts amendatory thereof, and provided that the persons, companies, or corporations so furnishing said materials, provisions, equipment, or other supplies, appliances, or power used in, upon, for, or about performance of the Work contracted to be executed or performed, or any person, company, or corporation renting or hiring implements or machinery or power for, or contributing to, said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor, shall have complied with the provisions of said laws, then said surety will pay the same in an amount not exceeding the sum hereinbefore set forth, and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee as shall be fixed by the Court. This Bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said Contractor or said Surety, and notice of said alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED,this day of 2005. PAYMENT BOND AGREEMENT AND BONDS-PAGE 14 CONTRACTOR: (Check one:_individual,_partnership, corporation) By signature (NOTARIZED) Print Name and Title: By si9namre (NOTARIZED) Print Name and Title: (Corporations require two signatures; one from each of the following groups: A. Chairman of Board, President, or any Vice President; AND B. Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). SURETY By Title (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) PAYMENT BOND AGREEMENT AND BONDS -PAGE 15 CERTIFICATE OF INSURANCE THIS CERTIFICATE ISSUED TO THE OWNERAGENTS LISTED BELOW DESIGNATED BY THE CONTRACT WITH THE INSURED NAMEAND ADDRESS OF INSURED INSURANCE COMPANIES AFFORDING COVERAGE COMPANY A B C D TYPE OF WORK PERFORMED AND LOCATION LIMITS OF LIABILITY IN THOUSANDS(.11000) uL, TYPE OF INSURANCE POLICY NUMBER EACH OCCURRENCE AGGREGATE COMPREHENSIVE GENERAL LIABILITY Including. ❑ EXPLOSION AND COLLAPSE BODILY INJURY $ $ ❑ UNDERGROUND DAMAGE PROPERTY`DAMAGE $ $ ❑ PROOUCTSICOMPLEfED OPERATIONS or ❑ CONTRAGNAL INSURANCE ❑ BROAD FORM PROPERTY DAMAGE ❑ INDEPENDENT CONTRACTORS BODILY INJURY AND ❑ PERSONALINJURY PROPERTY DAMAGECOMBNED $ $ PERSONAL INJURY $ COM PREHENSIVE AUTOMOBILE BODILY INJURY LIABILITY EACH PERSON $ Including EACH ACCIDENT ❑ OWNED E3R $ PROPERTY OHMAGE ❑ HIRED ❑ NON-OWNED u ❑ MOTORCARRIERACT BODILY INJURY AND PROPERTY DAMAGE COMBINED $ EXCESS LIABILITY BODILY INJURY AND PROPERTY Including DAMAGE COMBINED $ 1-1 QMPLOYEYa LIABILITY WORKERS COMPENSATION STATUTORY and EMPLOYMS LIABILITY Including ED $ (EACH ❑ ACCIDENT) LONG OR WORIKE S AND HARBOR WORNERG OTHER ADDITIONAL INSURED ENDORSEMENT--CITY OF PALM SPRINGS The undersigned certifies that he or she is the representative of the above-named Insurance companies, that he or she has[he authority to execute and Issue this certificate to Certificate Holder, and accordingly, does hereby certify on behalf of said insurance companies that policies of Insurance listed above have been Issued to the Insured named above and are in force at this lime 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 at the terms,exclusions, and conditions of such policies Copies of the policies shown will be furnished to the Certificate Holder upon request This Certificate does not amend,extend,or alter the coverage afforded by the policies listed Cancellation Should any of the above described policies be cancelled before the expiration date thereof,the issuing company will mail 30 days written notice to the below-named certificate holder NAMEAND ADDRESS OFADDITIONAL INSURED DATE ISSUED BY Aumovnn aw —Arveor NsIisr cc.—I.Ar N.mvwAoe Arri FARRELL DRIVE SIDEWALK CERTIFICATE OF INSURANCE CITY PROJECT NO 04-09 AGREEMENT AND BONDS-PAGE 16 312312005 CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING DEPARTMENT PART II -- SPECIAL PROVISIONS FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 Section 1 - Terms, Definitions, Abbreviations, and Symbols Section 2 - Scope and Control of Work Section 3 - Changes in Work Section 4 - Control of Materials Section 5 - Utilities Section 6 - Prosecution, Progress, and Acceptance of the Work Section 7 - Responsibilities of the Contractor Section 8 - Facilities for Agency Personnel Section 9 - Measurement and Payment Section 10 - Construction Details FARRELL DRIVE SIDEWALK - PART II - SPECIAL PROVISIONS CITY PROJECT NO. 04-09 GENERAL CONTENTS-PAGE 1 3/23/05 CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING DEPARTMENT SPECIAL PROVISIONS FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 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 . 1-1.2 Supplementary Reference Specifications - Insofar as references may be made in these Special Provisions to the Caltrans Standard Specifications, such work shall conform to the referenced portions of the technical provisions only of said reference specifications, provided, that wherever the term "Standard Specifications" is used without the prefix "Caltrans", it shall mean the Standard Specifications for Public Works Construction ("Greenbook") , 2003 Edition, as previously specified in the above paragraph. 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. FARRELL DRIVE SIDEWALK TERMS, DEFINITIONS,ABBREVIATIONS, AND SYMBOLS CITY PROJECT NO.04-09 SPECIAL PROVISIONS-SECTION 1 -PAGE 1 W23{05 1-2 .2 Legal Address of the Engineer. - The official address of the Engineer shall be the Director of Public Works/City Engineer, City of Palm Springs, Engineering Department, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, or such other address as the Engineer may subsequently designate in writing to the Contractor. 1-2 .3 Legal address of the City' s Project Representative. - The name and address of the City' s designated Project Representative shall be the Street Maintenance Manager, City of Palm Springs, Public Works and Engineering Department, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, or such other address as the Project Representative may subsequently designate in writing to the Contractor. 1-3 DEFINITIONS AND TERMS 1-3.1 Definitions and Terms. - Wherever in the Standard Specifications the following terms are used, the definitions shall be amended to read: Agency - The City of Palm Springs, a charter city organized and existing in the County of Riverside, State of California. Engineer - The Director of Public Works/City Engineer of the City of Palm Springs, California. Liquidated Damages - The amount prescribed in the Special Provisions, pursuant to the authority of Government Code Section 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) FARRELL DRIVE SIDEWALK TERMS, DEFINITIONS,ABBREVIATIONS,AND SYMBOLS CITY PROJECT NO. 04-09 SPECIAL PROVISIONS-SECTION 1 -PAGE 2 3/23105 When a designated holiday falls on a Saturday, the Friday before the holiday shall be a designated legal holiday. When a designated holiday falls on a Sunday, the Monday after the holiday shall be a designated legal holiday. (b) Days on which the Contractor is prevented by inclement weather or conditions resulting immediately therefrom adverse to the current controlling operation or operations, as determined by the Engineer, from proceeding with at least 75 percent of the normal labor and equipment force engaged on such 'operation or operations for at least 60 percent of the total daily time being currently spent on the controlling operation or operations. - END OF SECTION - FARRELL DRIVE SIDEWALK TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS CITY PROJECT NO. 04-09 SPECIAL PROVISIONS-SECTION 1 -PAGE 3 3/23/06 SECTION 2 -- SCOPE AND CONTROL OF WORK 2-1 GENERAL Particular attention is directed to the provisions of Section 6- 1, "Construction Schedule and Commencement of Work, " Section 6- 7, "Time of Completion, " and Section 6-9, "Liquidated Damages" of the Standard Specifications . After the Contract has been approved by the City, and a written Notice to Proceed has been issued to the Contractor, the Contractor shall start the Work within 10 working days after the date specified in said Notice to Proceed. Said Work shall be diligently prosecuted to completion before the expiration of: 20 WORKING DAYS from the day specified in the Notice to Proceed issued by the City. Said time of completion does not include time associated with ordering long lead-time items . Contractor shall refer to Section 4-2 . 2 of these Special Provisions for requirements associated with ordering long lead-time items . As set forth in the Agreement, the Contractor shall pay to the City as liquidated damages the sum set forth in the Agreement per day for each and every calendar day' s delay in finishing the Work in excess of the number of working days prescribed above. 2-2 CONTRACT BONDS 2-2 .1 BONDING COMPANY WAIVER OF RIGHT OF NOTIFICATION The 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 EXECUTION OF BONDS Bonds shall be executed by either: (a) two (2) or more sufficient personal sureties; (b) one sufficient admitted surety FARRELL DRIVE SIDEWALK SCOPE AND CONTROL OF WORK CITY PROJECT NO. 04-09 SPECIAL PROVISIONS-SECTION 2-PAGE 1 3/23/06 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 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: 112-7.1 Limited Reliance by Contractor. - Soils reports and other reports of subsurface conditions may be made available for inspection by the Contractor. HOWEVER, SUCH REPORTS AND DRAWINGS ARE NOT CONTRACT DOCUMENTS. The Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings only where such "technical data" are specifically identified in the Special Provisions. Except for such reliance on such "technical data, " the Contractor may not rely upon or make any claim against the City, the Engineer, nor any of the Engineer's Consultants with respect to any of the following: FARRELL DRIVE SIDEWALK SCOPE AND CONTROL OF WORK CITY PROJECT NO.04-09 SPECIAL PROVISIONS-SECTION 2-PAGE 2 3/23/06 2-7.1.1. Completeness. - The completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto, or 2-7.1.2. Other Information. - Any other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings, or 2-7.1.3. Interpretation. - Any interpretation by the 'Contractor of such "technical data, " or any conclusion drawn from any "technical data" or any such data, interpretations, opinions or information." 2-5 TEMPORARY ACCESS OR CONSTRUCTION RIGHTS-OF-WAY Unless indicated otherwise, all temporary access or construction rights-of-way, other than those shown on the Plans, which the Contractor may find it requires during progress of the Work, shall be arranged by and paid for entirely by the Contractor, at its own expense. 2-6 PROTECTION OF SURVEY MONUMENTS It shall be the Contractor' s responsibility to protect all the existing survey monuments, bench marks, survey marks and stakes . Removal of such monuments, or displacement thereof, shall require their , resetting per City requirements, including corner record filing, for the existing type of monument in question at the Contractor' s expense . Any existing monument shall not be disturbed until the Contractor' s surveyor maintains a survey location check on all existing monuments, without cost to the City. The Contractor is advised that resetting of monuments shall be the responsibility of the Contractor' s surveyor, without cost to the City. Should the Contractor anticipate disturbance of any survey monuments, it shall notify the Engineer prior to removal . The Contractor' s surveyor shall provide . and record appropriate Corner Record documents with the Riverside County Surveyor, as required by law. 2-7 AUTHORITY OF THE ENGINEER The Engineer will decide all conflicts which may arise as to (1) the quality or acceptability of the materials or equipment furnished, (2) the performance of the Work, (3) the manner of performance and rate of progress of the Work, (4) the interpretation of the Plans, Specifications, and Special Provisions, (5) the acceptable fulfillment of the Contract on the part of the Contractor, and (6) compensation of the Contractor. The Engineer' s decision shall be final, and he shall FARRELL DRIVE SIDEWALK SCOPE AND CONTROL OF WORK CITY PROJECT NO. 04-09 - SPECIAL PROVISIONS- SECTION 2-PAGE 3 3/23105 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 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. FARRELL DRIVE SIDEWALK SCOPE AND CONTROL OF WORK CITY PROJECT NO. 04-09 SPECIAL PROVISIONS-SECTION 2-PAGE 4 3/23/05 Such Schedule of Values shall be submitted for approval at the Pre-construction Conference and must meet the approval of the Engineer before any payments can be made to the Contractor. END OF SECTION - FARRELL DRIVE SIDEWALK SCOPE AND CONTROL OF WORK CITY PROJECT N0, 04-09 SPECIAL PROVISIONS-SECTION 2-PAGE 5 3123/05 SECTION 3 -- CHANGES IN WORK 3-1 EXTRA WORK The provisions of Section 3-3 of the Standard Specifications shall apply; provided, that the provisions for markup percentages for overhead and profit for extra work referenced in subparagraph 3-3 . 2 . 3 of the 2003 edition shall be deleted in its entirety and the following substituted therefor: 3-2 PAYMENT 3-2 . 1 Markup: The provisions of Subsection 3-3 .2 . 3 Markup, shall be amended to read as follows: (a) Work by Contractor. The following percentages shall be added to the Contractor' s costs and shall constitute the markup for all overhead and profit. 1) Labor 24 percent (includes bonding) 2) Materials 15 percent 3) Equipment rental 15 percent 4 ) Other items and expenditures 15 percent 5) Subcontracts (1st tier only) 5 percent 6) lower tier subcontractors none To the sum of the costs and markups provided for in this subsection, except for labor, one percent shall be added as compensation for bonding. 3-2 .2 Contract Unit Prices: The provisions of Subsection 3- 2 . 2 . 1 of the Standard Specifications shall be revised to read as follows : 3-2 .2 .1 (a) Allowable Quantity Variations on Unit Price Contracts : In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the Contract Documents, wherever such unit price has been established; provided, that an adjustment in the Contract Unit Price may be made for changes which result in an increase or decrease in the quantity of any unit price bid item of the Work in excess of 25 percent, or for eliminated items of work. 3-2 .2 .1 (b) Increases of More Than 25 Percent on Unit Price Contracts: On a unit price contract, should the total quantity of any item of work required under the Contract exceed the Engineer' s Estimate therefor by more than 25 FARRELL DRIVE SIDEWALK CHANGES IN WORK CITY PROJECT NO, 04-09 SPECIAL PROVISIONS-SECTION 3 - PAGE 1 3/23/05 percent, the work in excess of 125 percent of such estimate and not covered by an executed contract Change Order specifying the compensation to be paid therefor will be paid for by adjusting the Contract Unit Price, as hereinafter provided, or at the option of the City, payment for the work involved in such excess will be made as provided in Section 3-3 . 2 of the Standard Specifications, as amended in these Special Provisions . Such adjustment of the Contract Unit Price will be the difference between the Contract Unit Price and the actual unit cost, which will be determined as hereinafter provided, of the total pay quantity of the item. If the costs applicable to such item of work include fixed costs, such fixed costs shall be deemed to have been recovered by the Contractor by the payments made for 125 percent of the Engineer' s Estimate of the quantity for such item, and in computing the actual unit cost, such fixed costs will be excluded. Subject to the above provisions, such actual unit cost will be determined by the Engineer in the same manner as if the work were to be paid for as extra work as provided in Section 3-3 . 2 of the Standard Specifications, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the City. When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the Engineer' s Estimate is less than $5, 000 at the applicable Contract Unit Price, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor. 3-2 .2 .1 (c) Decreases of More Than 25 Percent on Unit Price, Contracts: On unit price contracts, should the total pay quantity of any item of work required under the contract be less than 75 percent of the Engineer' s Estimate therefor, an adjustment in compensation pursuant to this Section will not be made unless the Contractor so requests in writing. If the Contractor so requests, the quantity of said item performed, unless covered by an executed contract change order specifying the compensation payable therefor, will be paid for by adjusting the Contract Unit Price as hereinafter provided, or at the option of the Engineer, payment for the quantity of the work of such item performed will be made as if the work were to paid for as extra work as provided in Section 3-3 .2 of the Standard Specifications, as amended in these Special Provisions, or such adjustment as will he as agreed to by the Contractor and the City; provided however, that in no case shall the FARRELL DRIVE SIDEWALK CHANGES IN WORK CITY PROJECT NO. 04-09 SPECIAL PROVISIONS- SECTION 3 -PAGE 2 3/23/05 payment for such work be less than that which would be made at the Contract Unit Price. Such adjustment of the contract unit price will be the difference between the contract unit price and the actual unit cost, which will be determined as hereinafter provided, of the total pay quantity of the item, including fixed costs . Such actual unit cost will be determined by the Engineer in the same manner as if the work were to be paid for as extra work as provided in Section 3-3 . 2 of the Standard Specifications, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the City. The payment for the total pay quantity of such item of work will in no case exceed the payment which would be made for the performance of 75 percent of the Engineer' s Estimate of the quantity for such item at the original Contract Unit Price . 3-2 .2 .1 (d) Eliminated Items on Unit Price Contracts: On unit price contracts, should any contract item of the Work be eliminated in its entirety, in the absence of an executed contract Change Order covering such elimination, payment will be made to the Contractor for actual costs incurred in connection with such eliminated contract item if incurred prior to the date of notification in writing by the Engineer of such elimination. If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the Engineer, and if orders for such material cannot be canceled, it will be paid for at the actual cost to the Contractor. In such case, the material paid for shall become the property of the City and the actual cost of any further handling will be paid for by the City. If the material is returnable to the vendor and if the Engineer so directs the Contractor, the material shall be returned and the Contractor will be paid for the actual cost of charges made by the vendor for returning the material. The actual cost of handling returned material will be paid for. The actual costs or charges to be paid by the City to the Contractor as provided in this Section 3-2 will be computed in the same manner as if the work were to be paid as extra work as provided in Section 3-3. 2 of the Standard Specifications, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the City. - END OF SECTION - FARRELL DRIVE SIDEWALK CHANGES IN WORK CITY PROJECT NO. 04-09 SPECIAL PROVISIONS-SECTION 3 -PAGE 3 3/23/06 SECTION 4 -- CONTROL OF MATERIALS 4-1 TRADE NAMES OR EQUALS 4-1 .1 Substitutions. - Subparagraph 2 of , Section 4-1 . 6 of the Standard Specifications shall be amended to read as follows : 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 FARRELL DRIVE SIDEWALK CONTROL OF MATERIALS CITY PROJECT NO. 04-09 SPECIAL PROVISIONS-SECTION 4-PAGE 1 3/23/05 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 - FARRELL DRIVE SIDEWALK CONTROL OF MATERIALS CITY PROJECT NO.04-09 SPECIAL PROVISIONS-SECTION 4-PAGE 2 3123/05 SECTION 5 -- UTILITIES 5-1 REMOVAL, RELOCATION, OR PROTECTION OF EXISTING UTILITIES (a) The following full text of Government Code Section 4215 shall replace the provisions of Section 5-5, subparagraph 4, of the Standard Specifications : "In accordance with the provisions of Section 4215 of the California Government Code, any contract to which a public agency as defined in Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunk-line utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids . The agency will compensate the Contractor for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. The Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the public agency or the owner of the utility to provide for removal or relocation of such utility facilities. Nothing herein shall be deemed to require the public agency to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve the public agency from identifying main or trunk lines in the plans and specifications . If the Contractor while performing the contract discovers utility facilities not identified by the public agency in the contract plans or specifications, he or she shall immediately notify the public agency and utility in writing. FARRELL DRIVE SIDEWALK UTILITIES CITY PROJECT NO. 04-09 SPECIAL PROVISIONS-SECTION 5-PAGE 1 3/23/05 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. 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. FARRELL DRIVE SIDEWALK UTILITIES CITY PROJECT NO. 04-09 SPECIAL PROVISIONS-SECTION 5-PAGE 2 3123/05 All water meters, water valves, fire hydrants, Southern California Edison vaults, General Telephone vaults, Southern California Gas Company valves, and other subsurface structures shall be protected by the Contractor. The Contractor shall notify each utility owner a minimum of 2 days before commencing the Work. - END OF SECTION - FARRELL DRIVE SIDEWALK UTILITIES CITY PROJECT NO.04-09 SPECIAL PROVISIONS-SECTION 5- PAGE 3 3/23/05 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-B167 Dave Barakian, City Engineer (760) 323-8253 VERIZON Attention: Mr, Larry Moore (760) 776-3603 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: Ken Kennedy (909) 335-7716 TIME-WARNER CABLE Attention: Mr. Dale Scrivner (760) 647-5452 WHITEWATER MUTUAL Attention: Mr. Stan Clark (760) 325-5880 SPRINT Attention: Mr. Lynn Durrett (909) 873-8022 PROSECUTION, PROGRESS, FARRELL DRIVE SIDEWALK AND ACCEPTANCE OF THE WORK CITY PROJECT NO.04-09 SPECIAL PROVISIONS-SECTION 6-PAGE 1 3/23/05 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 - PROSECUTION, PROGRESS, FARRELL DRIVE SIDEWALK AND ACCEPTANCE OF THE WORK CITY PROJECT NO. 04-09 SPECIAL PROVISIONS-SECTION 6- PAGE 2 3123105 SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR 7-1 General. - The provisions of Section 7-13 of the Standard Specifications shall be revised to read as follows : "The Contractor shall keep itself fully informed of all existing and future State and Federal laws, and county and municipal ordinances and regulations, which in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any way affect the conduct of the Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. He or she shall at all times observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any or all authority over the Work, and shall indemnify the City and all officers and employees thereof connected with the Work, including, but not limited to, the City Engineer, against any claim or liability arising from, or based on, the violation of any such law, ordinance, regulation, order, or decree, whether by itself or its employees. If any discrepancy or inconsistency is discovered in the Plans, Drawings, Special Provisions, or Contract for the Work in relation to any such law, ordinance, regulation, order, or decree, the Contractor shall forthwith report the same to the Engineer in writing. " 7-2 Hours of Labor. - Eight hours labor constitutes a legal day' s work. The Contractor shall comply with all applicable provisions of Section 1810 to 1815, inclusive, of the California Labor Code relating to working hours . The Contractor shall forfeit, as a penalty to the City, $25. 00 for each worker employed in the execution of the contract by the Contractor or by any subcontractor under him for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day or 40 hours in any one calendar week, unless such worker receives compensation for all hours worked in excess of 8 hours per day, or 40 hours during any one week at not less than one and one-half times the basic rate of pay. 7-3 Prevailing Wage. - As required by Sections 1770 and following, of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the Engineer, which copies shall be made available to any interested party on request. The FARRELL DRIVE SIDEWALK RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO, 04-09 SPECIAL PROVISIONS-SECTION 7-PAGE 1 3/23/05 Contractor shall post a copy of such determination at each job site. The Contractor shall, as a penalty to the City, forfeit $50 . 00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director for such work or craft in which such worker is employed for any public work done under the Contract by it or by any subcontractor under it . 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 FARRELL DRIVE SIDEWALK RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 04-09 SPECIAL PROVISIONS- SECTION 7 -PAGE 2 3/23/05 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 (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 . FARRELL DRIVE SIDEWALK RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 04-09 SPECIAL PROVISIONS-SECTION 7- PAGE 3 3/23105 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 Payroll Records; Retention; Inspection; Noncompliance Penalties; Rules and Regulations. - The Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. FARRELL DRIVE SIDEWALK RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 04-09 SPECIAL PROVISIONS-SECTION 7 -PAGE 4 3/23/05 The payroll records, enumerated under paragraph one of this Section 7-11, shall be certified and shall be made available for inspection at all reasonable hours at the principal office of the Contractor on the following basis : 1 . A certified copy of an employee ' s payroll record shall be made available for inspection, or furnished to the employee, or his or her authorized representative on request. 2 . A certified copy of all payroll records, enumerated herein, shall be made available for inspection, or furnished upon request, to a representative of the body awarding the Contract, or the Division of Labor Standards Enforcement, or the Division of Apprenticeship Standards of the California Department of Industrial Relations . 3 . A certified copy of all payroll records, enumerated herein, shall be made available upon request to the public for inspection, or copies thereof made, provided, however, that a request by the public shall be made through either the body awarding the Contract, or the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to Section 7 . 11, paragraph 2, herein, the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the Contractor, sub- contractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of the Contractor. The Contractor and each subcontractor shall file a certified copy of the records, enumerated in paragraph one of this Section 7-11, herein, with the entity that requested the records within 10 days after receipt of a written request. Any copy of records made available for inspection as copies, and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, shall be marked or obliterated in such a manner as to prevent disclosure of an individual ' s name, address, and social security number. The name FARRELL DRIVE SIDEWALK RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 04-09 SPECIAL PROVISIONS-SECTION 7- PAGE 5 3/23/05 and address of the Contractor awarded the Contract or performing the Contract shall not be marked or obliterated. The Contractor shall inform the body awarding the Contract of the location of the records enumerated under said Section 7-11, paragraph one, herein, including the street address, city and county, and shall, within 5 working days, provide a notice of any change of location and address. In the event of noncompliance with the requirements of this Section, the Contractor shall have 10 days in which to comply subsequent to receipt of a written notice specifying in what respects the Contractor must comply with this Section. Should noncompliance still be, evident after the 10-day period, the Contractor shall, as a penalty to the State or political subdivision on whose behalf the Contract is made or awarded, forfeit 25 dollars for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A copy of all payrolls shall be submitted weekly to the Engineer. Payrolls shall contain the full name, address and social security number of each employee, his or her correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made, and actual wages paid. They shall also indicate all apprentices and ratio of apprentices to journeymen. The employee ' s address and social security number need only appear on the first payroll on which his or her name appears . The payroll shall be accompanied by a "Statement of Compliance, " signed by the employer or its agent, indicating that the payrolls are correct and complete, and that the wage rates contained therein are not less than those required by the Contract . The "Statement of Compliance" shall be on forms furnished by the City, or on any form with identical wording. The Contractor shall be responsible for the submission of copies of payrolls from all subcontractors. If, by the 15th of the month, the Contractor has not submitted satisfactory payrolls for all work performed during the monthly period ending on or before the 1st of that month, the City will retain an amount equal to 10 percent of the estimated value of the work performed during the month from the next monthly estimate, except that such retention shall not exceed $10, 000, nor be less than $1, 000 . Retentions for failure to submit satisfactory payrolls shall be in addition to all other retentions provided for in the Contract. The retention for failure to submit payrolls for any monthly period will be released for payment on the monthly estimate for partial FARRELL DRIVE SIDEWALK RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO.04-09 SPECIAL PROVISIONS-SECTION 7-PAGE 6 3/23/05 payments next following the date that all the satisfactory payrolls for which the retention was made are submitted. 7-11 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 Or minimum b) Employer' s Liability: $1, 000, 000 2 . Comprehensive General Liability: a) Bodily Injury (Including completed operations and products liability and wrongful death) : $ 1, 000, 000 Each Occurrence $ 1, 000, 000 Annual Aggregate Property Damage: $ 1, 000, 000 Each Occurrence $ 1, 000, 000 Annual Aggregate b) Property damage liability insurance will provide explosion, collapse, and underground coverages where applicable. c) Personal injury, with employment exclusion deleted: $ $1, 000, 000 Annual Aggregate 3 . Comprehensive Automobile Liability: a) Bodily Injury (Including wrongful death) : FARRELL DRIVE SIDEWALK RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 04-09 SPECIAL PROVISIONS-SECTION 7-PAGE 7 3/23/05 $1, 000, 000 Each Person $1, 000, 000 Each Occurrence b) Property Damage $1, 000, 000 Each Occurrence Or a combined single limit of $1, 000, 000 7-12 PERMITS 7-12 .1 Business License. The Contractor and all of its subcontractors shall possess a current City business license issued by the City prior to commencement of the Work, in accordance with Title 3 of the City' s Municipal Code. The Contractor shall obtain a Business License from the City of Palm Springs prior to commencement of work. The Business License can be obtained from the City of Palm Springs, Business License Office, 3200 Tahquitz Canyon Way, Palm Springs, CA. 92262, (760) 323-8289 . 7-12 .2 City of Palm Springs Construction Permit. The Contractor shall be required to obtain and sign a City of Palm Springs Construction Permit prior to commencement of the Work_, but the fee for this permit shall be waived. The Construction Permit can be obtained from the office of the Engineer. 7-13 SITE CLEANUP Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the Contractor shall keep the work site clean and free from rubbish and debris . The Contractor shall also abate dust nuisance, as required in Section 7-16 of these Special Provisions . The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods . 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 therefore. FARRELL DRIVE SIDEWALK RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO.04-09 SPECIAL PROVISIONS-SECTION 7- PAGE 8 3/23/05 7-14 DUST CONTROL 7-14 . 1 General A. The Contractor shall be responsible for stabilizing the disturbed soil during construction. The method which it will use must be approved by the Engineer. If a water meter is required by the Engineer during construction, the Contractor shall contact the Desert Water Agency at (760) 323-4971 to obtain said meter. The cost of this work shall be included in the price of various items in the Bid Schedule, and no additional payment will be made 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. 7-14 .2 Payment. - Full compensation for providing 24 hour dust control and project maintenance shall be considered as included in the contract lump sum price paid for mobilization, and no additional compensation will be allowed therefore . - END OF SECTION - FARRELL DRIVE SIDEWALK RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 04-09 SPECIAL PROVISIONS-SECTION 7 -PAGE 9 3/23/05 SECTION 9 - MEASUREMENT AND PAYMENT 9-1 GENERAL 9-1 .1 Payment. - Payment for the various items of the Bid Sheet (s) , as further specified herein, shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of work being described, as necessary to complete the various items of work, all in accordance with the provisions for Measurement and Payment in the Standard Specifications and these Special Provisions, and as shown on the Drawings, including all appurtenances thereto, and including all costs of compliance with the regulations of public agencies having jurisdiction, including the Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration of the U. S . Department of Labor (OSHA) . No separate payment will be made for any item that is not specifically set forth in the Bid Sheet (s) , and all costs therefor shall be included in the prices named in the Bid Sheet (s) for the various appurtenant items of work. 9-1 .2 Partial and Final Payments . - Acceptance of any progress payment accompanying any estimate without written protest shall be an acknowledgement by the Contractor that the number of accumulated contract days shown on the associated statement of working days is correct . Progress payments made by the City to the Contractor after the completion date of the Contract shall not constitute a waiver of liquidated damages. Subject to the provisions of Section 22300 of the Public Contract Code, a 10 percent retention will be withheld from each payment. All invoices and detailed pay requests shall be approved by the Engineer before submittal to the City for payment. All billings shall be directed to the Engineer. The Contractor shall submit with its invoice the Contractor' s conditional waiver of lien for the entire amount covered by such invoice; valid unconditional waivers of lien from the Contractor and all subcontractors and material-men for all work and materials included in any prior invoices; Waivers of lien shall be in the forms prescribed by California Civil Code Section 3262 . Prior to final payment by the City, the Contractor shall submit' a final waiver of lien for the Contractor' s work, together with releases of lien from any subcontractor or material-men. FARRELL DRIVE SIDEWALK MEASUREMENT AND PAYMENT CITY PROJECT NO. 04-09 SPECIAL PROVISIONS-SECTION 9- PAGE 1 3/23/06 9-1 .3 Payment. - The last subparagraph of Standard Specifications Section 9-3 . 1 shall be DELETED and the following substituted therefor: At the expiration of 35 days after acceptance of the Work by the City Council, or as prescribed by law, the amount deducted from the final estimate and retained by the City will be processed for payment to the Contractor, except for such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-2 PAYMENT SCHEDULE 9-2 .1 Bid Schedule. - All pay line items will be paid for at the unit prices named in the Bid Sheet (s) for the respective items of work. The quantities of work _ or material stated as unit price items on the Bid Sheet (s) are supplied only to give an indication of the general scope of the Work. The City does not expressly, nor by implication, . agree that the actual amount of work or material will correspond therewith, and reserves the right after the award of Contract to increase or decrease the quantity of any unit price item, of work, and shall have the right to delete any Bid item in its entirety, or to add additional Bid items. 9-2 .2 Initial Mobilization. - Measurement for payment for initial mobilization will be based upon completion of such work as a lump sum, non-proratable pay item, and shall require completion of all of the items listed below. Payment for Initial Mobilization will be made at the lump sum allowance named in the Bid Sheet (s) under Item No. 1, which price shall constitute full compensation for all such work. Payment for Initial Mobilization will be made in the form of a single, lump-sum, non-proratable payment, no part of which will be approved for payment under the Contract until all Initial Mobilization items listed herein have been completed as specified. The ,scope of the work included under Pay Item No. 1 shall include the obtaining of all bonds, insurance, and permits, moving onto the site of all plant and equipment, and the furnishing and erecting of plants, temporary buildings, and other construction facilities, all as required for the proper performance and completion of the Work. Mobilization shall include, but not be limited to, the following principal items : 1 . Moving onto the site of all Contractor' s plant and equipment required for the first month' s operations. 2 . Installing temporary construction power, wiring, and lighting facilities per Paragraph 7-8 . 5, "Temporary Light, Power, and Water" of the Standard Specifications and these Special Provisions . FARRELL DRIVE SIDEWALK MEASUREMENT AND PAYMENT CITY PROJECT NO. 04-09 - SPECIAL PROVISIONS-SECTION 9- PAGE 2 3/23/05 3 . Providing on-site sanitary facilities and potable water facilities, as specified per Paragraph 7-8 . 4, "Sanitation" of the Standard Specifications . 4 . Obtaining and paying for all required bonds, insurance, and permits . 5 . Posting all OSHA-required notices, and establishment b of OSHA-approved safety programs. 6. Having the Contractor' s superintendent at the job site full-time. 7 . Submitting of the required Construction Schedule, as specified in the Section 6-1, "Construction Schedule and Commencement of Work" of the Standard Specifications . In addition to the requirements specified above, all submittals shall conform to the applicable requirements of Section 2-5 . 3, "Shop Drawings and Submittals" of the Standard Specifications. No payment for any of the listed Initial Mobilization Work items will be made until all of the listed items have been completed to the satisfaction of the Engineer. The aforementioned amount will be retained by the City as the agreed, estimated value of completing all of the mobilization items listed. Any such retention of money for failure to complete all such mobilization items as a lump-sum item shall be in addition to the retention of any payment pursuant to the provisions of Public Contract Code 22300 . END OF SECTION - FARRELL DRIVE SIDEWALK MEASUREMENT AND PAYMENT CITY PROJECT NO.04-09 SPECIAL PROVISIONS-SECTION 9-PAGE 3 3123/06 i i I I SECTION 10 -- CONSTRUCTION DETAILS I 10-1 GENERAL I 10-1 . 1 RECORD DRAWINGS I The Contractor shall keep a complete set of record drawings at the job site. The Construction Plans shall be legibly marked showing each actual item of record construction including: 1 . Measured depths of elements in relation to fixed datum points . 2 . Measured horizontal and vertical locations of underground utilities and appurtenances with reference to permanent surface improvements. 3 . Measured locations of internal utilities and appurtenances concealed in construction with reference to visible and accessible features of construction. 4 . Field changes of dimensions, locations and/or materials with details as required to clearly delineate the modifications . 5 . Any details not in the original Construction Plans developed by the City throughout construction necessary to clarify or modify the Construction Plans . The Contractor shall maintain all record information daily and make this information available to the Project Inspector upon request . The Contractor ' s progress payment will not be approved unless project record drawings are current . 10-1.2 LOCATION OF THE WORK The proposed work is located on the east side of Farrell Drive, between Andreas Road and Alejo Road in Palm Springs. 10-2 TRAFFIC CONTROL 10-2 .1 Maintaining Traffic. - Attention is directed to Sections 7-10, "Public Convenience and Safety, " of the Standard Specifications . 10-2 .2 Field Operations. -- The Engineer retains the authority to initiate field changes in traffic control to ensure public safety and minimize traffic disruptions . The Contractor shall maintain all traffic control devices in proper working condition 24 hours a day, 7 days a week for the duration of the Work, regardless of whether the subject traffic control devices were FARRELL DRIVE SIDEWALK CITY PROJECT NO.04-09 CONSTRUCTION DETAILS 3123/05 SPECIAL PROVISIONS-SECTION 10-PAGE 1 originally included in the Contract or were added at the discretion of the Engineer. All traffic control devices shall be removed from view and non-operational when not in use . 10-2 .3 Construction Signing, - Lighting and Barricading -- Construction signing, lighting and barricading shall be provided on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1996, or subsequent editions in force at the time of construction. These signs and barricades shall be indicated on and be an integral part of the Traffic Control Plan. 10-2 .4 Temporary No Parking Signs . - Temporary No Parking signs shall be posted at least 24 hours, but no more than 48 hours in advance of the work. The signs shall be placed no more than 100 feet apart and at shorter intervals if conditions warrant . The Contractor shall provide the signs and will be responsible for adding the dates and hours of closure to the signs . Removal of signs and furnishing and placing of barricades, if necessary, for posting of signs will be provided. All signs shall be removed within 24 hours after the effective date . 10-2 .5 Notice to Property Owners or Businesses. - The Contractor shall notify the property owners or occupants of affected properties with a written notice 48 hours prior to the beginning of construction. Said notice shall be prepared and submitted to the Engineer for approval prior to notifying property owners or occupants of affected properties . 10-2 . 6 Traffic Disruptions. -- For all road closures, road detours, lane closures, and all night operations, the Contractor shall obtain written approval from the Engineer a minimum of 2 working days prior to the commencement of the Work. All warning signs shall be manufactured with high intensity faces and legends, and shall be placed at least 7 calendar days prior to the commencement of construction. All work done on major and secondary thoroughfares shall utilize solar powered flashing arrow boards, and all signs shall remain in place during nighttime hours . Any of the Contractor' s work that may disrupt normal traffic signal operation shall be coordinated with the Engineer a minimum of 2 working days prior to the commencement of the Work. 10-2 .7 Traffic Signal Operations. - The Contractor shall not modify the Signal Timing. The Contractor shall notify the City 24 hours in advance of any lane closures so that the agency can modify the signal timing appropriately. FARRELL DRIVE SIDEWALK CITY PROJECT NO,04-09 CONSTRUCTION DETAILS 3/23/05 SPECIAL PROVISIONS-SECTION 10- PAGE 2 i I 10-2 .8 Travel Lanes . - In public streets, during working hours, the Contractor shall maintain not less than one lane of traffic open in each direction at all times . At night and during non-working hours, the Contractor shall leave the work site in a safe condition and allow for the full use of all lanes of traffic. Flaggers shall be utilized to ensure the safe flow of traffic at intersections and businesses that may be affected. This work shall be included in the Bid Item price for traffic control in the Bid Schedule, and no additional compensation will be allowed therefore. 10-2 .9 Traffic Access and Control. - The Contractor shall provide and maintain all necessary traffic control to protect and guide traffic around all work in the construction zone, including solar-powered arrow boards . All traffic controls shall be clearly posted with signs prior to the commencement of the Work. All traffic restrictions listed herein shall supplement any other traffic control requirements of the City, and are not intended to replace any part of these requirements. Local access shall be maintained to all properties fronting the Work at all times . 10-2.10 Parking and Access. - Access shall be maintained to all driveways within the construction zone, unless other prior arrangements have been made with the Engineer and the affected property owner. 10-2 .11 Pedestrians. - The Contractor shall erect signs and barricades to direct pedestrians through or around the construction zone. These signs and barricades shall be an integral part of the Contract, and shall be included as part of the Bid Item for traffic Control in the Bid Schedule, and no additional compensation will be allowed therefore. 10-2.12 Public Safety During Non-Working Hours. - Notwith- standing the Contractor' s primary responsibility for safety at the site of the Work when the Contractor is not present, the Engineer, at his option, after attempting to contact the Contractor, may direct City forces to perform any functions he may deem necessary to ensure public safety at or in the vicinity of the site of the Work. If such procedures are implemented, the Contractor shall be responsible for all expenses incurred by the City. 10-2 .13 Measurement and Payment - Measurement for payment for traffic control will be based upon the completion of all planning, design, engineering, furnishing, and construction, and maintenance and removal, of all traffic control as a lump sum item, complete, as required under the provisions of any permits, and in accordance with the standard specifications and these special provisions. FARRELL DRIVE SIDEWALK CITY PROJECT NO.04-09 CONSTRUCTION DETAILS 3/23/05 SPECIAL PROVISIONS-SECTION 10-PAGE 3 Payment for traffic control will be included in the lump sum Bid item for "Traffic Control", which price shall include full compensation for completion of all such work as required hereunder, and no additional compensation will be allowed therefore_ 10-3 EARTHWORK 10-3 .1 CLEARING AND GRUBBING. - All clearing and grubbing shall conform to Sections 300-1 . 1, 300-1 . 2, and 300-1 . 3 of the Standard Specifications . Clearing and grubbing shall consist of removing all existing objectionable natural materials in the area of the proposed Work to the satisfaction of the Engineer. Said objectionable materials shall be hauled away and properly disposed of. Clearing and Grubbing shall also include, but not be limited to the following: 1 . Unclassified excavation or fill, including any necessary export or import of materials 2 . Removal of existing landscaping, including decorative lights, rocks, boulders, bricks, concrete borders, gravel, shrubs, plants and trees. 3 . Modification (or relocation) to irrigation ,improvements, including removal, relocation and capping of irrigation lines and sprinklers . Special note: The plans identify most of the existing private landscaping and miscellaneous improvements within the work area at the time the plans were prepared. It is the Contractor' s responsibility to adequately cover any costs associated with clearing and grubbing, and all miscellaneous removals within the work area, whether or not an item is clearly shown on the plans . Clearing and grubbing shall include all removals necessary to construct the improvements shown on the plans. The Contractor shall be responsible for coordinating with the affected property owners prior to removal of existing landscaping improvements (including decorative lights) , and for appropriately adjusting, relocating, and capping private irrigation lines and sprinklers . The contractor shall also coordinate with the affected property owners prior to removal and trimming of existing trees within the right of way. All removals and modifications to existing landscaping and irrigation improvements shall be performed by the Contractor to the satisfaction of, the Engineer. FARRELL DRIVE SIDEWALK CITY PROJECT NO.04-09 CONSTRUCTION DETAILS 3123105 SPECIAL PROVISIONS-SECTION 10- PAGE 4 I I I I 10-3 .1 .1 Existing Facilities. - It shall be the Contractor' s responsibility to protect all existing improvements not designated i for removal. Should the Contractor anticipate removal of any sidewalk, handicap ramps, curbs, gutters, driveway approaches, trees, hedges, oleanders, fences, walls, signs, water valves, I irrigation system components and associated electrical service, etc. , that is not slated for removal as part of the Contract, I repair and replacement shall be at least equal to the existing improvements prior to such damage, ail in accordance with j requirements of the Contract Documents . The Contractor shall be responsible for any and all damage done to existing property and adjacent properties during all construction work under this contract, and the Contractor, at its expense, shall make any repairs that result from its operations, to the approval of the Engineer and the subject property owner. 10-3.1 .2 Trees Within Project Limits 10-3.1 .2 .1 General. - The Contractor shall exercise all necessary precautions so as not to damage any trees or shrubs to be protected in place (as identified on the plans) and shall not trim or remove any trees unless such trees have been approved for trimming or removal by the City. All existing trees and shrubs which are damaged during construction shall be trimmed or replaced by the Contractor or a certified tree company under permit from the City and to the satisfaction of said property owner. 10-3.1.2 .2 Replacement. - The Contractor shall immediately notify , the property owner, and the City, if any tree or shrub is damaged by its operations . If, in the opinion of the City the damage is such that replacement is necessary, the Contractor shall replace the tree at its own expense. The tree shall be of a like size and variety as the tree damaged, or, if of a smaller size, the Contractor shall pay to the owner of said tree a compensatory payment acceptable to the tree owner, subject to the approval of the City. The size of the trees shall be not less than 1-inch diameter or less than 6 feet in height . Fines will be assessed against the Contractor for trees removed without the City' s prior written approval . The minimum amount of fine or restitution to the City will be the replacement of the tree removed, with one of equal or greater size and maturity and as approved by the property owner and the City. Larger fines may be assessed against the Contractor depending upon the circumstances and type of tree removed. 10-3.1.3 Rights of Way. - The Contractor shall not do any work that would affect any oil, gas, sewer, or water pipeline; any telephone, television, telegraph, or electric transmission line or cable; any fence; or any other structure, nor shall the Contractor FARRELL DRIVE SIDEWALK CITY PROJECT NO.04-09 CONSTRUCTION DETAILS 3/23105 SPECIAL PROVISIONS-SECTION 10-PAGE 5 enter upon the rights-of-way involved until notified by the Engineer that the City has secured authority therefore from the proper party. After authority has been obtained, the Contractor shall give said party due notice of its intention to begin work, and shall give said party convenient access and every facility for removing, shoring, supporting, or otherwise protecting such improvements and for replacing same . Maintaining in Service: All oil and gasoline pipelines, power, and telephone television, or other communication cable ducts, gas and water mains, irrigation lines, sewer lines, storm drain lines, poles, and overhead power and communication wires and cables encountered along the line of the Work shall remain continuously in service during all the operations under the Contract, unless other arrangements satisfactory to the Engineer are made with the owner of said pipelines, duct, main, irrigation line, sewer, storm drain, pole, or wire or cable. The Contractor shall be responsible for and shall repair all damage due to its operations, and the provisions of this Section shall not be abated even in the event such damage occurs after backfilling or is not discovered until after completion of the backfilling. 10-3.1 .3.1 Approval of Repairs. - All repairs to damaged improvements are subject to inspection and approval by an authorized representative of the improvement owner before being concealed by backfill or other work. 10-3.1.4 Payment. - Payment for Clearing and Grubbing shall be considered as included in the contract prices paid for the related items of work and shall constitute full compensation for removal and disposal of all resulting materials as required in the Standard Specifications, these Special Provisions and as directed by the Engineer. 10-3.2 REMOVALS 10-3.2 .1 Disposal Site. - The Contractor shall specify the route and the disposal site of the material that is required to be removed and hauled away. The Contractor shall provide this information at the Pre-Construction Conference. The Contractor shall not stockpile any removals on any adjacent lots, with or without the property owner' s approval. No burning of shrubs or other removal material will be allowed. 10-3.2 .2 Asphalt Concrete Driveways. Remove sections of asphalt concrete, pavement, as shown on the plans . Asphalt driveways shall be neatly sawed in straight lines either parallel to the edge of pavement or at right angles to the alignment of the road. The FARRELL DRIVE SIDEWALK CITY PROJECT NO.04-09 CONSTRUCTION DETAILS 3/23/05 SPECIAL PROVISIONS-SECTION 10-PAGE 6 I depressed curb at the existing driveways shall be protected in place . I 10-3 .2 . 3 Portland Cement Concrete Sidewalk, Driveways, and Curb & Gutter: Portland cement concrete shall be removed to neatly sawed edges, with saw cuts made to a minimum depth of one-half the thickness of said concrete. Concrete sidewalk, driveways, and curb & gutter to be removed shall be neatly sawed in straight lines, either parallel to the curb or at right angles to the alignment of the existing concrete flatwork. 10-3.2 .4 Trees: Existing trees within the area of the Work specifically identified for removal on the plans shall be removed, including the portion of the tree above and below ground, and disposed of, as shown on the Plans, and as directed by the Engineer. 10-3 .2 .5 Payment Payment for removal of asphalt concrete driveways shall be made at the unit price Bid per square foot for "Remove Existing A. C. Pavement", which price shall include full compensation for saw- cutting, removal, and disposal thereof, and no additional compensation will be allowed therefore. Payment for removal of Portland cement concrete driveway shall be made at unit price Bid per square foot for "Remove Existing Concrete Pavement", which price shall include full compensation for saw-cutting, removal, and disposal thereof, and no additional compensation will be allowed therefore. Payment for removal of existing Portland cement concrete sidewalk and decorative sidewalk shall be made at the unit price Bid per square foot for `Remove Existing Concrete Pavement", which price shall include full compensation for saw-cutting, removal, and disposal thereof, and no additional compensation shall be allowed therefore. Payment for removal of existing Portland cement -concrete curb and gutter shall be considered as included in the unit price Bid per linear foot for "Construct Type A2-6 Curb and Gutter", and no additional compensation shall be allowed therefore. Payment for removal and disposal of existing trees shall be made at the unit price Bid per tree for "Remove Existing Tree", and no additional compensation shall be allowed therefore. FARRELL DRIVE SIDEWALK CITY PROJECT NO.04-09 CONSTRUCTION DETAILS 3123/05 SPECIAL PROVISIONS-SECTION 10-PAGE 7 10-3 . 3 UNCLASSIFIED EXCAVATION 10-3 .3 .1 Unclassified Excavation - Unclassified excavation shall consist of excavation of native material in excess of the proposed sidewalk and driveway sections, and any removals (including planter areas and gravel) not specifically listed as removal items in the Bid Schedule . The Contractor will coordinate his work with the property owners . At those locations where there is gravel along the curb, and the property owner wishes to reuse it, the Contractor shall stockpile the gravel on the -property, outside the work area, at a location approved by the property owner. If there are rocks in the work area, the Contractor shall relocate them next to the new sidewalk. Excavation shall be done in accordance with Section 300-2, "Unclassified Excavation" of the Standard Specifications. 10-3.3 .2 Selected Materials. - The text of Subsection 300-2 . 7 of the Standard Specifications is hereby deleted and replaced with the following: "Selected materials encountered in the excavations within the limits of the Work that conform to the Standard Specifications for base material, trench bedding, backfill, topsoil, or other specified materials shall be used as shown on the Plans, in the Special Provisions, or as directed by the Engineer. Topsoil excavated may be considered only for the purpose of backfilling areas to be planted." 10-3.3.3 Payment. - Payment for unclassified excavation shall be considered as included in the various bid items of work, and no additional compensation shall be allowed therefore. 10-3.4 Unclassified Fill 10-3.4.1 Unclassified Fill. - The Work shall conform to Section, 300-4, "Unclassified Fill" of the Standard Specifications . However, the top 12 inches of subgrade and topsoil shall have a minimum relative compaction of 95 percent. 10-3.4.2 Payment. - Payment for all unclassified fill shall be considered as included in the various bid items of work, and no additional compensation shall be allowed therefore . FARRELL DRIVE SIDEWALK CITY PROJECT NO.04-09 CONSTRUCTION DETAILS -3/23/05 SPECIAL PROVISIONS-SECTION 10-PAGE 8 I I 10-4 ASPHALT CONCRETE i 10-4. 1 Asphalt Concrete Pavement- . Asphalt concrete pavement shall be laid in one lift for 2" or 3" thickness, as required and jindicated on the project drawing. The material shall conform to type C2-AR4000 asphalt concrete pavement . This mixture of asphalt concrete shall be placed on a prepared base. All asphalt concrete I pavement construction shall conform to Section 203-6 "Asphalt Concrete" of the Standard Specifications . i 10-4 .2 Aggregate Sampling and Mix Design. Laboratory tests may be performed at the expense of the City to determine if aggregates at the plant fall within specifications . Correction to sieves may be necessary if proper percentages are not met. 10-4.3 Tack Coat. Tack coat shall be a SS-1h emulsified asphalt and it shall be applied to all clean, existing asphalt areas prior to overlaying with new asphalt concrete. The cost of tack coat shall be included in the price for asphalt concrete, and no additional payment will be made therefore. 10-4.4 Asphalt Concrete Placement. Application of asphalt concrete shall conform to Section 302-5. 5 "Distribution and Spreading" of the Standard Specifications . The asphalt concrete pavement shall be compacted to 95% of California Test 304 . Because the paving areas are small the use of self-propelled mechanical spreading and finishing machine requirement is waived. The Contractor shall propose the method of spreading and compacting at the preconstruction meeting for the Engineer' s approval . 10-4 .5 Payment. Payment for 2" asphalt concrete pavement shall be made at the unit price Bid per square foot for "Construct 2" Asphalt Concrete Driveway", and no additional compensation shall be allowed therefore. Payment for 3" asphalt concrete pavement, over 6" crushed miscellaneous base per City of Palm Springs Standard Drawing No. 110, shall be considered as included in the unit price Bid per linear foot for "Construct Type A2-6 Curb & Gutter", and no additional compensation shall be allowed therefore. No separate payment will be made for asphalt or aggregate used in the asphalt concrete, and all costs therefore shall be included in the price for asphalt concrete. Payment for asphalt concrete shall include full compensation for construction of asphalt concrete including all material, labor, plant, equipment, furnishing all transportation, hauling, spreading, compacting, and protecting, complete in place, [and FARRELL DRIVE SIDEWALK CITY PROJECT NO.04-09 CONSTRUCTION DETAILS 3/23/05 SPECIAL PROVISIONS-SECTION 10-PAGE 9 preparation of subgrade] and tack coat, in accordance with the standard specifications and these special provisions . 10-5 PORTLAND CEMENT CONCRETE 10-5 .1 Material. Portland Cement Concrete of the class and type shown on City Standard Drawings shall be used to construct new curb, gutter, cross gutter, spandrels, access ramps, and sidewalk. Where class and type are not specified in the standard drawings or plans, Portland Cement Concrete of type 560-C-3250 (6 Sack) shall be used for construction. 10-5.2 Sidewalk. Sidewalk material shall be Portland cement concrete of type 560-C-3250 (6 Sack) . Construction of sidewalk shall conform to the City of Palm Springs Standard Drawing Number 210 . The Construction Plan indicates where sidewalk is to be installed. Application details and other specifications not explicitly stated or shown in either the Standard Drawing or the Construction Plan shall conform to Section 303-5 of the Standard Specifications . The Contractor will be required to impress a "logo" (legend) in the new concrete sidewalk at six locations (as directed by the Engineer) , using a rubber stamp. The Contractor shall order the rubber stamp from "Brickform", 11061 Jersey Blvd. Rancho Cucamonga, CA 91730, tel. : 800-484-3318, fax: 909-484-3318 (attn. Steve) . The stamp' s size is 12" x 24" (see Part III - Appendix) and the model has already been sent to Brickform. The lead time is 4 to 6 weeks . 10-5 .3 Driveway Approaches. Construction of driveway approaches shall conform to the Detail "B" shown on the Construction Plans. The details specified shall govern but, application details and other specifications not explicitly stated or shown on the Construction Plans shall conform to Section 303-5 of the Standard Specifications. 10-5.4 Access Ramps . Construction of access ramps shall conform to the City of Palm Springs Type B Curb Ramp Detail, Standard Drawing Number 213. This ramp detail conforms to ADA standards as called for in the Plans. The details specified in this Standard Drawing shall govern, but the Construction Plans shall, be referred to for application location details. ADA standards shall be referred to for other specifications not explicitly stated or shown on the City of Palm Springs Standard Drawing. Also, construction material and application details shall conform to Section 303-5 of the Standard Specifications. 10-5.5 Curb and Gutter. Construction of new curb and gutter shall conform to the City of Palm Springs Curb and Gutter Standard FARRELL DRIVE SIDEWALK CITY PROJECT NO.04.09 CONSTRUCTION DETAILS 3/23/05 SPECIAL PROVISIONS-SECTION 10-PAGE 10 Drawing Number 200 . Portland Cement Concrete of type 560-C-3250 (6 Sack) shall be used for construction. Type A2-6 Curb and Gutter shall be constructed to the dimensions as specified in the City' s Standard Drawing but, application details and other specifications not explicitly shown or stated in the City' s Standard Drawing, shall conform to Section 303-5 of the Standard Specifications . I 10-5. 6 Barrier Curb. Construction of varying height barrier curb at the locations shown on the drawings shall conform to the detail "A" shown on the Construction Plans . The material shall be Portland cement concrete of type 560-C-3250 ( 6 Sack) . 10-5.7 Adjust Existing Water Meters and Customer Control Valves. - The existing P. C.C. retainer ring, if any, shall be removed and replaced after the water meter box frame and cover and customer control valve box frame and cover are adjusted to the new finished pavement grade per the Desert Water Agency' s standard drawings and specifications . 10-5.8 Adjust Existing Traffic Signal Pull Box Frame and Cover. - The Contractor shall adjust the traffic signal pull box frame and cover to the new finished sidewalk grade. 10-5. 9 Adjust Existing Irrigation Valve Box Frame and Cover. - The Contractor shall adjust the irrigation valve box and cover to the new finished sidewalk grade . 10-5.10 Vandalism. The Contractor shall be responsible for protecting all new Portland cement concrete construction from vandalism. Any vandalism identified on new concrete construction shall be removed and replaced by the Contractor, as required and directed by the City Engineer. 10-5.11 Payment. - Payment for construction of Portland Cement Concrete items will be based on the unit prices bid for the items shown in the bid schedule, for P.C.C. items constructed complete in place as shown on the plans, as specified in the standard specifications and in these special provisions and as directed by the Engineer. Payment for P.C.C. Sidewalk per C. P. S. Std. Dwg. 210 shall be made at the unit price Bid per square foot for "Construct 4" Portland Cement Concrete Sidewalk" and no additional compensation will be allowed therefore. Payment for P.C.C. Driveway Approach per C. P. S . Std. Dwg. 201 shall be made at the unit price Bid per square foot for "Construct Portland Cement Concrete Driveway", and no additional compensation will be allowed therefore. FARRELL DRIVE SIDEWALK CITY PROJECT NO.04-09 CONSTRUCTION DETAILS 3/23/05 SPECIAL PROVISIONS-SECTION 10-PAGE 11 Payment for Access Ramps per C. P . S . Standard Drawing 213 shall include horizontal sawcut of existing curb for the curb ramp depression and shall be made at the unit price Bid per each ramp for "Construct Type B Access Ramp", and no additional compensation shall be allowed therefore . Payment for 6" Curb & Gutter per C. P. S . Std. Dwg. 200 shall be made at the unit price Bid per linear foot for "Construct Type A2- 6 Curb & Gutter", and no additional compensation will be allowed therefore. Payment for P.C.C. Barrier Curb shall be made at the unit price bid per linear foot for "Construct P. C. C. Barrier Curb", and no additional compensation will be allowed therefore. Payment for adjusting existing water meters and customer control valves to the finish grade for new sidewalk shall be considered as included in the unit price Bid per square foot for "Construct 4" Portland Cement Concrete Sidewalk", and no additional compensation will be made therefore. Payment for adjusting existing traffic signal pull box frame and cover to the new finish grade shall be considered as included in the unit price Bid per square foot for "Construct 4" Portland Cement Concrete Sidewalk", and no additional compensation will be made therefore. Payment for adjusting existing irrigation valve box frames and covers to the new finish grade shall be considered as included in the unit price Bid per square foot for "Construct 4" Portland Cement Concrete Sidewalk", and no additional compensation will be made therefore. Payment for stamping the "logo", in the concrete as described in subsection 10-5.2 shall be made at the lump sum price Bid for "Concrete Stamping" and no additional compensation will be allowed therefore. Payment for P.C.C. items shall include full compensation for construction of P.C.C. items including all material, labor, plant, equipment, furnishing all transportation, hauling, spreading, finishing, and protecting, complete in place, in accordance with the standard specifications and these special provisions. No separate payment will be made for grading, preparation of subgrade, furnishing and setting of expansion joint material, disposal of excess materials, and all other appurtenant items for which separate payment is not specifically provided in the bid. FARRELL DRIVE SIDEWALK CITY PROJECT NO.04-09 CONSTRUCTION DETAILS 3123/05 SPECIAL PROVISIONS-SECTION 10- PAGE 12 10-6 - SIGNAGE i 10-6. 1 Sign Relocation. - The Contractor shall notify the Engineer 2 working days in advance of specific locations in which existing signs require removal and relocation due to construction. The Contractor shall relocate existing signs, posts, and sleeves per the City' s Standard Drawing Number 624, these Special Provisions and as directed by the Engineer. I 10-6.2 Sign Post and Sleeve Installation. - Signs shall be relocated where shown on the Drawings and as directed by the Engineer. Signs shall be re-installed using new telespar posts and anchor sleeves . Sign posts shall be 2-inches wide by 2-inches deep and of sufficient length to extend from the top of the sign to a minimum of 8 inches into the anchor sleeve, and shall provide a minimum of 7 feet of clearance between the finished grade elevation and the bottom of the lowest sign. The anchor sleeve shall extend from 1 to 2 inches above finished grade and shall be 2-1/4 inches wide by 2-1/4 inches deep by 30 inches long. The sign post shall be attached to the anchor sleeve utilizing 2 "Unistrut", No. TL 3806, or equal, drive rivets at right angles to each other. The Contractor shall attach signs to all posts using the drive rivets specified herein. 10-6.3 Payment. Payment for sign relocation and shall be made at the unit price Bid per each sign for "Relocate Existing Sign", and no additional compensation shall be allowed therefore. - END OF SECTION - FARRELL DRIVE SIDEWALK CITY PROJECT NO.04-09 CONSTRUCTION DETAILS 3/23/05 SPECIAL PROVISIONS-SECTION 10-PAGE 13 I CITY OF PALM SPRINGS i PUBLIC WORKS AND ENGINEERING DEPARTMENT i i i PART III - APPENDIX FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 City of Palm Springs Standard Drawings: - Std. Dwg. No. 110 - Street Pavement Requirements - Std. Dwg. No. 200 - Curb and Gutter - Std. Dwg. No. 210 - Sidewalk Widths - Std. Dwg. No. 212 A - Curb Ramp - General Notes - Std. Dwg. No. 213 - Curb Ramp Detail - Type B - Std. Dwg. No. 624 - Sign Installation - Std. Dwg. No. 903 - Mail Box Installation Rubber Stamp FARRELL DRIVE SIDEWALK CITY PROJECT NO.04-09 CONTENTS 3/23/05 PART III I - NO, REVISIONS APPROVED , DATE � R STREET RIGHT OF WAY WIDTH STREET WIDTH CURB FACE TO CURB,:FACE 1 ' 2.00% CENTERLINE TO LIP OF GUTTER I 2.00( CENTERLINE TO LIP OF GUTTER r ASPHALT CONCRETE PAVEMENT OVERCOMPACTED CRUSHED MISCELLANEOUS c`/\ 'BASE A5 DESCRIBED BELOW IP.C.C. CURB AND GUTTER PER C.P',S, STD DWG. 2,00. STREET WIDTH CROWN HEIGHT 84' .84 76- .76 64' .64 52' .52 40 40 36' 36 32' .32 MINOR STREETS: 2-1/2 INCHES OF ASPHALT CONCRETE 11 LIFT) OVER 4 INCHES OF CRUSHED MISCELLANEOUS BASE AND A MIN. SUBGRADE OF 24 INCHES AT 95% RELATIVE COMPACTION COLLECTOR AND SECONDARY STREETS 3 INCHES OF ASPHALT CONCRETE II LIFT) OVER 6 INCHES OF CRUSHED MISCELLANEOUS BASE AND A MIN. SUBGRADE OF 24 INCHES AT 95% RELATIVE COMPACTION. MAJOR THOROUGHFARE STREETS: 5 INCHES OF ASPHALT CONCRETE 12 LIFTS) OVER 4 INCHES OF CRUSHED MISCELLANEOUS BASE' AND A- MIN SUBGRADE OF 24 INCHES AT 95% RELATIVE COMPACTION NOTES: I. THICKNESSES SHOWN ARE TO BE CONSIDERED A MINIMUM. ALL SECTIONS TO BE VERIFIED BY SOILS ANALYSIS BY LICENSED SOILS ENGINEER 2. ASPHALT RUBBER HOT MIX IA-R.H.M I IS AN ACCEPTABLE SUBSTITUTE FOR THE, ASPHALT SPECIFIED, SUBJECT TO VERIFICATION BY THE CITY ENGINEER, MIN 2` NEW CONSTRUCTION MIN 1-1/2' CAP OVER EXISTING PAVEMENT 3. ASPHALT .SHALL BE AR4000 INSTALLED PER STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, 1994 EDITION. AC TYPE TO BE SPECIFIED BY CITY ENGINEER, 4, PAVEMENT SHALL BE LAID WITH A BARBER GREEN PAVING MACHINE OR EOUAL 5. A.C. PAVEMENT SHALL BE FLUSH WITH LIP OF GUTTER. CITY OF PALM SPRINGS APPRO DATE: / DEPARTMENT OF PUBLIC WORKS 280331- CITY ENGINEER R.C.E. STREET PAVEMENT REQUIREMENTS DRAWN 3Y: S J,C No. STANDARDS CHECKED BY E R F DWG. NO O I , N'0, REVISIONS APPROVED DATE - �- I A. C. PVMNT. I __Jll 1 1/2" R=1/2" 1/4" LIP ITYP.I U a w io U R=1,. — A. C. PVMNT. �_ ^• jAl-6 Al-8 A2-6 A. C. PVMT, �j` . . I 1/2I? I• II/2I'� i iv I IL/4" LIP (TYP,I R-L'4 ci R-I" J N I A2-8 ONSITE ONLY ONSITE ONLY B1 B2 24" 2.. 8.. /2" SLOPE — � _ SLOPE N L'R .. < . FLOWLINE 6 " OF GUTTER _ 1/2" FIBER EXPANSION JOINT 6' CROSSGUTTER-SECONDARY THOROUGHFARE D1 Cl - END OF CURB 4 4 0" SLOPE r 1/2" SLOPE 1 8 8' CROSSGUTTER-MAJOR THOROUGHFARE NOTES: D2 A. c. VMT. A-HIGH DIKE I. TYPES A-HIGH DIKE, AI-6, AND AI-S ARE BARRIER CURBS 2. TYPES A,B,C AND D ARE CONSTRUCTED OF PORTLAND CEMENT CONCRETE, 560-C-3250 16 SACK). 3. TYPE A-HIGH DIKE IS CONSTRUCTED OF ASPHALTIC CONCRETE IE AR 8000) 4. TYPE 8 CURB AND GUTTERS ARE FOR ONSITE USE ONLY. 5. ALL EXPOSED CORNERS ON P.C.C. CURBS AND GUTTERS SHALL BE ROUNDED WITH A 1/2" RADIUS. 6. A.C. PAVEMENT SHALL BE 1/4" ABOVE LIP OF GUTTER. T. EXPANSION AND WEAKENED PLANE JOINTS, SEE SECTION 303-54 SCORING 5 FEET MAXIMUM. SPACING FOR I" DEEP WEAKENED PLANE JOINTS 10 FEET, CITY OF PALM SPRINGS APPROVCQ DATE: / CITY ENGIN EER G DEPARTMENT OF PUBLIC WORKS EER;- -- 2 931 R.c.E. o A 1 '-1-�-Cp DRAWN BY: S.J.C. I FILE NO. STANDARDS CURB AND GUTTER Cn CHECKED BY. E.R.F. DWG. N0. 200 Z O f fU ZONE C.B.D. - FACE OF CURB TO PROPERTY LINE zy d G) - ZONES R-2 THRU 8, C, AND M - B' LzJ m O ZONE R-1 - 5' FAT jj A A.C. PAVEMENT 4' MIN. SIDEWALK SLOPE = 1/4" 1' Z HILLSIDE STREETS - m m b FOR FINISH SEE SECTION 4" P. C. CONC. SHALL BE A MINIMUM 3250 LB. L0 y 70 303-5.5 OF THE STD. SPECS. CONCRETE IN ACCORDANCE WITH THE STANDARD CURB & GUTTER FOR PUBLIC WORK CONSTRUCTION SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION z Z Z SEE C.P.S. STD. DWG. 200 LATEST EDITION. LATEST EDITION (560-C-3250, 6 SACK). In C!] NOTES 1. FOR EXPANSION AND WEAKENED PLANE JOINTS SEE SECTION 303-5.4.2 AND 303-5.4.3 OF THE o STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, LATEST EDITION. THE SPACING FOR: m 1" DEEP WEAKENED PLANE JOINTS SHALL BE 10 FEET. SCORING SHALL BE DONE EVERY 5 FEET. -0 i z 2. ORNAMENTAL SIDEWALKS SHALL BE ALLOWED IF STRENGTH AND TEXTURE ARE EQUAL TO OR GREATER m z 70 p m •_ THAN THE PROVISIONS OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, LATEST j z EDITION AND ARE APPROVED BY THE PLANNING COMMISSION. m ZA fTl 3. PALM CANYON DRIVE FROM TRAMWAY TO EAST CITY LIMITS - SIDEWALK FROM FACE OF CURB TO m N PROPERTY LINE. A z 4. INDIAN CANYON DRIVE FROM CAMINO PAROCELA TO VIA ESCUELA - SIDEWALK FROM FACE OF CURB TO PROPERTY LINE. m ;n S. STREETS IN EXCESS OF 5 % SLOPE, WITH SIDEWALKS, SHALL HAVE MIN. 6' X 6' LANDING AREAS z '' n EVERY 400' WITH A MAXIMUM 27 SLOPE BEHIND THE SIDEWALK. t o m b 6. A MINIMUM 48" CLEAR PATH OF TRAVEL SHALL BE PROVIDED AT ALL OBSTRUCTIONS. 7. MODIFICATIONS BASED ON SITE-SPECIFIC CONDITIONS SHALL BE REVIEWED BY THE DEVELOPMENT 70 z z o COMMITTEE. C o y c m m S. SEE ALSO BIKEWAY REQUIREMENTS. m O 9. FOR ZONING SEE THE OFFICIAL ZONING MAP OF THE CITY OF .PALM SPRINGS. iV � zo m o rO o N r i I I NO. REVISIONS APPROVED DATE I GENERAL NOTES I 1, IF DISTANCE FROM CURB TO BACK OF SIDEWALK IS TOO SHORT TO ACCOMMODATE RAMP AND 4' I PLATFORM, THE SIDEWALK MAY BE DEPRESSED LONGITUDINALLY. 2. IF SIDEWALK IS LESS THAN 6' WIDE, THE FILL WIDTH OF THE SIDEWALK SHALL BE DEPRESSED AS SHOWN ON DRAWING NO. 213. 3. RAMPS SHALL HAVE A 12-INCH WIDE RS. (SEE GROOVINGRDER WITH 1/4-INCH GROOVES APPROXIMATELY 4. CURB RAMPS THAT HAVE kRAMP SLOPE FLATTER THAN 6.67% SHALL HAVE A DETECTABLE WARNING SURFACE (RAISED TRUNCATED DOMES) THAT EXTENDS THE FULL WIDTH OF THE RAMP AND 2' MINIMUM LENGTH. DETECTABLE WARNING SURFACES, AT THE OPTION OF THE CONTRACTOR, CONTRACTOR, SHALL BE CONSTRUCTED BY CAST-IN-PLACE OR STAMPED METHOD, OR CONSIST PREFABRICATED SURFACE 5. WHEN DETECTABLE WARNING SURFACE IS NOT REQUIRED ON A CURB RAMP, THE CONCRETE FINISH OF THE RAMP AND ITS FLARED SIDES SHALL HAVE A TRANSVERSE BROOMED SURFACE TEXTURE ROUGHER THAN THE SURROUNDING SIDEWALK, 6. TRANSITION FROM RAMPS TO WALKS, GUTTERS, OR STREETS, SHALL BE FLUSH AND FREE OF ABRUPT CHANGES. 7. RAMPS IN CURB RETURNS SHALL BE LOCATED IN THE CENTER OF THE CURB RETURN, UNLESS iOTHERWISE DIRECTED BY THE CITY ENGINEER. 8. RAMP SIDE SLOPE VARIES UNIFORMLY FROM A MAXIMUM OF 10% AT CURB TO CONFORM WITH LONGITUDINAL SIDEWALK SLOPE ADJACENT TO TOP OF THE RAMP, EXCEPT TYPE B (DWG. NO.). 9. EXISTING CURB FACE HEIGHTS, SIDEWALK AND GUTTER SLOPES AND DIMENSIONS WILL VARY FROM LOCATION TO LOCATION. EXISTING PARAMETERS AND MAXIMUM RAMP SLOPES SHALL CONTROL FINAL HORIZONTAL DIMENSIONS. 10. RAMPS SHALL BE MARKED IN THE FIELD BY THE CONTRACTOR AND APPROVED BY THE CITY ENGINEER PRIOR TO SAW CUTTING. 11. THE CONTRACTOR SHALL COORDINATE THE WORK WITH AFFECTED UTILITY AGENCIES OR OTHER PUBLIC AGENCIES TO RELOCATE ANY INTERFERING UTILITY PULL BOXES, MANHOLES, VAULTS OR - UNDERGROUND LIVE OR ABANDONED LINES. 12. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY DAMAGE CAUSED BY HIM TO EXISTING UTILITIES OR IRRIGATION LINES. 13. THE DETAILS SHOWN IN STD. DWG. NO. 212 ARE BASED UPON CONSTRUCTION WHERE A LEVEL CURB GRADE SITUATION EXISTS. WHERE STREET GRADES SLOPE, STRICT ADHERENCE TO THE MAXIMUM SIDE FLARE SLOPE OF 10 PERCENT MAY NOT BE POSSIBLE TO ACHIEVE. IN,SUCH CASES, THE SIDE FLARES WILL BE PERMITTED TO VARY DEPENDING UPON CURB GRADE. THE FOLLOWING TABLE LISTS THE APPROXIMATE SIDE FLARE DIMENSIONS CORRESPONDING TO INCREASING CURB GRADES (FOR 6-INCH AND 8-INCH CURB HEIGHTS) IN ADHERENCE TO A.D.A. MAXIMUM ALLOWABLE SLOPES. SIDE FLARES IN EXCESS OF 20 FEET WILL NOT BE REQUIRED. 6-INCH CURBS 8-INCH CURBS CURB GRADE DOWNHILL SIDE UPHILL SIDE DOWNHILL SIDE UPHILL SIDE 0 (LEVEL) 4.0 FT. 4.0 FT. 5.0 FT. 5.0 FT.- 2 PERCENT 4.0 FT. 4.4 FT. 5.0 FT. 6.0 FT. 4 PERCENT 4.0 FT. 5.4 FT. 4.0 FT. 7.4 FT. 6 PERCENT 4.0 FT. 7.1 FT. 4.0 FT. 9.6 FT. 8 PERCENT 4.0 FT. 10.2 FT. 4.0 FT. 13.9 FT. 10 PERCENT 4.0 FT. - 18.3 FT, 4.0 FT. 20.0 FT. 12 PERCENT 4.0 FT. 20.2 FT. 4.0 FT. 20.0 FT. CITY OF PALM SPRINGS APPROVED: (] DATE: ( W ENGINEERING DEPARTMENT CITY ENGINEER 28931 R.C.E. CURB RAMP - GENERAL NOTES DRAWN BY: G.F.F. FILE NO. STANDARDS CHECKED BY: M.V.H DWG. No. 212-A i i NO, REVISIONS APPROVED DATE I I i - TRUNCATED DOMES REQUIRED IF RAMP VARIABLE HEIGHT SLOPE IS LESS THAN 6.67% (FULL WIDTH RETAINING CURB, IF OF RAMP AND 2' MINIMUM LENGTH) 5' —►i NECESSARY AT EDGE OF $ I SIDEWALK -� 12" (TYP.) EXISTING P.C.C. I SIDEWALK 8.33x MAXI (TYP.) I �/ SEE NOTE N0.3 OF /STD. DWG. 212A I I A } I I II } A EXIST. CURB AND GUTTER �FACE OF CURB (OR MONOLITHIC CROSS GUTTER) 4" OVERCUT 1— �I I+— APPROX. 3/4" EXISTING CROSSWALK I I a I• : a, VVV III 1/4 a' EXIST. PCC SIDEWALK I TOP OF VARIABLE HEIGHT RETAINING GROOVING DETAIL / CURB (IF NECESSARY) X. 1 5/e" 0.45" d 8.337. MA 5' OO OO O°000 09„i . SECTION A-A I N I 000 OO I EXIST. PCC CURB AND PL EXIST. PCC SIDEWALK GUTTER (OR MONOLITHIC RAISED TRUNCATED / cRo55currER) - - - - DOME PATTERN 1 2q MAX. —� - *4" OVERCUT—►i I�-MATCH EXIST. PCC VARIABLE HEIGHT RETAINING I GUTTER (6' MIN. i CURB, IF NECESSARY SECTION B-B THICKNESS) NOTE: i 1. SEE C.P.S. STD. DWG. 212-A FOR GENERAL NOTES 2. P.C. CONCRETE SHALL BE MINIMUM 560-C-3250 CONCRETE IN ACCORDANCE WITH THE STANDARD I SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, 2000 EDITION (6 SACK). N.T.S. CITY OF PALM SPRINGS APPROVED: �y SATE: ENGINEERING DEPARTMENT �� 8931 CITY ENGINEER R.C.E. CURB RAMP DETAIL - TYPE $ DRAWN BY: G.F.F. FILE' NO. STANDARDS _ CHECKED BY: M.V.H. IDWG. NO. 2.13 I N0. ' REVISIONS APPROVED DATE' r: REGULATORY, WARNING OR GUIDE SIGN .080 GAUGE ALUM. SIGN WITH HI-INTENSITY LETTERS AND BACKGROUND COVERED WITH , 1150 GRAFFITI PROOF OVERLAY v / SIGNS SHALL BE ATTACHED POST UTILIZING TWO U3806,UT 3806. DRIVE RIVETS N0. TL 86, � J 1 �9D 2" X 2" X 12 GAUGE TELESPAR o POST OF SUFFICIENT LENGTH TO EXTEND FROM TOP OF SIGN TO — - u FI INTO SLEEVE AND STILL PR a \ OVIDE �' OF CLEARANCE / Y � 0 J I -- 24" IF S/W o 1 < 6 u o I a � � U m 72" PLAN VIEW IF S/W > 5' I I EXIST F.S ' FACE OF CURB If I /l 2% • SEE DETAIL BELOW 0 GO I 1 FRONT ELEVATION 1 - 2-1 4 FACE OF I 2-I/4" x 2-I/4" x 30" p2 GAUGE) TELESPAR SLEEVE PER POLE SURF ABOVE THE EXISTING � SURFACE. " 1 EXISTING GROUND D ✓t m 90% 88% 1 O 1 ' 1 1 • POST INSTALLATION DETAIL SIDE ELEVATION CITY OF PALM SPRINGS APPROVED: DATE:T 59-- DEPARTMENT OF TRANSPORTATION 28931 CITY ENGINEER R,C.E. DRAWN BY: R g FILE NO,. ' STANDARDS SIGN INSTALLATION CHECKED BY: E-R F DWG. N0. 624 - ., i I i NO. REVISIONS APPROVED DATE I I i � I I � � I I �- FACE OF CURB MAILBOX MIN. 4' CLEAR FACE OF MAIL BOX 1 I i I i - i � MAIL BOX POST, 4"X4" WOOD OR 2 1/2" DIA. G. I. PIPE i I I � I - SIDEWALK OR EXISTING GROUND TOP OF CURB I A.C. PAVEMENT %/\%/\ ;41 I 3250 P.S.I. CONCRETE FOOTING i I 9" MIN • NOTE: MAILBOX SHOULD BE VERTICAL CITY OF PALM SPRINGS APPROVED: DATE: PUBLIC WORKS & ENGINEERING DEPARTMENT 28931 CITY ENGINEER R.C.E. MAILBOX INSTALLATION DETAIL DRAWN BY: G.F.F. FILE NO. STANDARDS CHECKED BY: M.L.F. DWG. NO. 903 )NMO(p PALM SPRINGS CALIFORNIA 2 OOS 12" NEIGHBORHOOD NAME OF FIRM 24" RUBBER STAMP AcoRo. CERTIFICATE OF LIABILITY INSURANCE OF ID S DATE IMM/DDf/YYYI DCHUB-1 � 04/25/05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Smith-Newman & Adamson ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Agency, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 1800 E. Lambert Rd. Suite 215 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Brea CA 92821 Phone: 714-257-9644 Fax:714-257-9833 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Landmark nmerican xnsurance Co NSURER B DC Hubbs Construction INSURERC 37306 Vista View Drive INSURER D: Yucaipa CA 92399 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. INSH ADD POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRC TYPE OF INSURANCE DATE(MMIDD/YY) DATE(MMIDD/YY) GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 �AVAGEFO-REN I EU A X COMMERCIAL GENERAL LIABILITY LHA127193 11/16/04 11/16/OS PREMISES(Ea ocourenr.) $ 50,000 CLAIMS MADE OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 X $5,000 Deductible GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG $2,000,000 —1 POLICY Ih JPRO- T n LOD AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) Is ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ _ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC $ AUTO ONLY. AGG S EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ i OCCUR CLAIMS MADE AGGREGATE S S DEDUCTIBLE S RETENTION $ WC $ ' IT WORKERS COMPENSATION AND ITO.YLIM111 TS OER EMPLOYERS'LIABILITY ! E.L.EACH ACCIDENT S i ANY PROPRIETOMPARTNEWEXECUTIVE OFFICERJMEMBER EXCLUDED? EL DISEASE-EA EMPLOYEE S IF yes,describe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Project: Farrell Drive Sidewalk Project - #04-09. It's agreed City of Palm ! Springs is included as additional insured per attached endorsement CG2010. CERTIFICATE HOLDER CANCELLATION CITYPAL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL 6R0XXZiZ=MAIL *30 DAYSWRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs CA 92262 �r AUTHORIZED REPRESENTATIVE, , ACORD 25(2001/08) ©ACORD CORPORATION 1988 i I IMPORTANT I I I I 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 iholder in lieu of such endorsement(s). I DISCLAIMER i 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. I I i i I I ACORD 25(2001108) i POLICY NUMBER: LHA127193 COMMERCIAL GENERAL LIABILITY I NAMED INSURED: DC Hubbs Construction THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. I ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) i This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Palm Springs (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 05/19/2005 08:47 9097975875 DC HUBBS CONST. PAGE 02 e5/17/2005 21:55 909-350-9715 M POWERS!STATE FARM PAGE 01 L 77% CERTIFICATE OF INSURANCE S4,GH INSU AN:E AS R48PECTS THE INTEREST OF THE CER'11FICATE HOLDER NAMED BELOW WILL NOT 1.31E rwpgmrlr-L V T31� OTNERWOSE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NPnGE TO THE E�"yI�YCA E FOLDER, BUT IN NO EVENT$HALT, THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM "r"rME PATE 'ARTMN. THIS CERTIRCATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY FNILP.-IT VESCIRIBED BELOW, Ng1 fx-fff es ftt' STATE FARM MUTUAL AUTOM0131LE INSURANCE COMPANY of BWomington, Illinois 3 d ATE FARM FIRE AND CASUALTY COMPANY of BleomingWri, Illinois ❑ STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas,Vexes.or C, STATE FARM INDEMNITY COMPANY of Bloomington,Illinois s�ragp to:to:wm Pans 1ho 6s413c�wing NarneO Insured as shown Wow — p �ild.+l6CF?f�•t t„iF"E93: %3%,MRSI.. SEVER.LY A D.ANNY VDA: D.C. HOSHS CONSTRUCTION r e'4?]U, ,�_'SS Cl 3'.1,^Aff D?l F.friEF?: 37306 bSSTA VTEiP DIETVE,-YIICATPA, OA 92399-9788 - t 117 4707-£07.-7,0 126 4269-CZ5-75 115 2097-E2,373 Cr fOUCCY 05/01/05-11/01/05 03/25/05-09/25/05 05/23/05711/23/05 _ . 1 era�:ri7G4,E'QPn�luuD^P t.7; JRBFs2077N2T10019 1c DKF46F0YED78e29 1FTM21541EA77410 k, w"i_?ter O VAN4PAGE 0 Yr=E Q NO ❑YES t7 NO [3 YES ❑ NO Q YES p NO LfNoor�q OF>:„IA55.qY 70."h N.vnon 1�000.00 _ f j L.GG' n'7,�a7eSR-!72 1.000,00 i 1.000.00 1,000.00 r 1°^' 61C'i5sli: Y 0, YES © NO ❑YES p NO ❑YES ❑NO ❑YES ❑NO r, C„•-n:^edaP� ;:rzitnF^- . $500.00 DaQ6cwo $ nait l6k ' G+ducebb '.� DoducOl` �- ...... .---_-•- rj YES 0 NO []YES []NO ❑YES [I NO ©YES jl NO "+','F^0'"•`''«�•° _ _ _ $ 500,00 neductlble $ _ pedus,9ble S a,ducsdAle $ Deductlbl9 � )'' P?'Sf'lF,iYEnti�t'<7t?I'A,4.1Ni11DF;^ti0 - -. 0 YES 0 NO C]YES ❑NO Q YES ❑NO 0 YES 0 NO Y'ES [:I NO Q YES Ij NO_ YES D NO E]YES El NO }t1 T.gin srt G El YFS (D NO ❑YES 0 NO []YES 0 NO C1 YES ©NO .AGFNT 75-8476 05/18/05 :""%r''+n'�+"�a,'9 D'.�:�P!`=abgrfi�CiWe i'A6Y �M'�Gada NumR97 DnEe ° e e,„U,air�c4;,, •Cm.':�.s oT CQ:rvffr, #B Holder _P.o"and Addreme or AqW _ .; MRY A POWERS, AGSWr CXM •� J,TCEN3E 00624153 9870-A SIERRA AVENUE i P'' CAN;D,-0?A TAy FONTANAR CA 92335 GA 92262 (909) 350-8890 f rAX (909) 350-8715 1 F'.";:,c;NliT'ff,)i ,ss; ?E%�P,HSG DALTV.iW 5IAEWALK 1241 v�^d;"Ai�.3'�'1+:i i=F'F1R�L:,Piive OFW y-_ uM fW ' �lRbl ft GMlill:Yte of ddedInsorarma A IId ft l Iftwx p. Rag4ea��H41der IG I7!6ddad q eb AddMongl IMIREQ. ° I 1 i I POLICYHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 04-25-2005 GROUP: 000046 POLICY NUMBER: 14 8 92-2 0 04 CERTIFICATE ID: 12 CERTIFICATE EXPIRES: 11-01-2005 11-16-2004/11-01-2005 CITY OF PALM SPRINGS 3200 E. TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 JOB: FARRELL DR. #04-09 This is to certify that we have issued a valid Worker's 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. yAd111_ A(�,,"`_ C . &;L AUTHORIZED REPRESENTATIVE PRESIDENT STANDARD EXCLUSION: INDIVIDUAL EMPLOYERS AND HUSBAND AND WIFE EMPLOYERS ARE NOT ELIGIBLE FOR BENEFITS AS EMPLOYEES UNDER THIS POLICY. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 04-25-2005 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF PALM SPRINGS ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 11-16-2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER DANNY HUBBS DBA: DC HUBBS CONSTRUCTION 37306 VISTA VIEW DR YUCAIPA CA 92399 [RLI,CNj PRINTED:04-25-2005 SGIF 10262E Accept this certificate only if you see a faint watermark that reads"OFFICIAL STATE FUND DOCUMENT" PAGE 1 OF 1 Best's Rating Center - Search Results Page 1 Page 1 of 1 n y wi may,.. Best r Ww i AadlWw View Ratings Financial Strength Issuer Credit�Securities Advanced Search Other Web Centers Selecl One Search Results page 1 of 1 1 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with Landmark American To refine your search, please use our Advanced Search or view our Online H-elp for more information. New search Landmark American View results starting with: A B C D E F G H I J K L M N U P Q R S T U V W X Company Information Financial Strength Ratings Issuer Credit Ratings Outlook/ Outlook/ + AMB# T Company Name T Rating,"'-1 T Implication T Long-Term T Implication T Short-Term '*' Dc 12519 Landmark American Insurance Company, i/ A �F Stable US *Financial Strength Ratings as of 0510612005 04:39 PM E.S.T. Visit Best's Rating Center for a complete overview of our rating process and methodologies. Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company' strength,operating performance and business profile.These ratings are neither a warranty of a company's financial strength nor its ability to meet i obligations,including those to policyholders.View our entire notice for complete details. Customer Service I Product Svupport I Member Center I Contact Info I Careers About A.M.Best I Site Map I Privacy Policy I Security_I Terms of Use I Legal&Licensing Copyright©2005 A.M.Best Company,Inc All rights reserved. A M Best Worldwide Headquarters,Ambesl Road,Oldwick,New Jersey,08858,U.S.A. http://www3.amhest.com/ratings/RatingsSearch.asp?AltSrc=9 5/6/2005 Best's Rating Center- Search Results Page 1 Page 1 of 2 iW y. Best V, sy4 '„t.� View Ratings Financial Strength Issuer Credit&Securities Advanced Search Other Web Centers Select One Search Results Page 1 of 1 15 Rated and non-Rated companies found, results sorted by Company Name Criteria Used: Company Name: Company names starting with State Farm To refine your search, please use our Advanced Search or view our Online Help for more information. New Search slate Farm View results starting with: A B C D E F G H I J K L M N O P O R S T U V W X Company Information Financial Strength Ratings Issuer Credit Ratings i Outlook/ Outlook/ a ; AMB# 'r Company Name T Rating T Implication •' Long-Term Implication „ Short-Term •' Be 09158 Stale Farm Annuity and Life Insurance Cc NR-3 Not US Applicable 02476 State Farm County Mutual Ins Co of TX A++ Stable US 02477 State Farm Fire and Casualty Company A+ Negative US 87095 State Farm Fire&Casualty Cc CAB A+ Negative CA 12235 State Farm Florida Insurance Company A-u Negative US 02478 State Farm General Insurance Company B+ Stable US 00088 State Farm Group A++ Stable US 70126 State Farm Group US 11224 State Farm Indemnity Company B+ Positive US 07079 State Farm Life and Accident Assur Cc A++ Stable US 07080 State Farm Life Insurance Company A++ Stable US 69348 State Farm Life Insurance Company CAB A++ Stable CA 01767 State Farm Liovds B+ Negative US 02479 State Farm Mutual Automobile Ins Cc Q A++ca Stable US 87096 State Farm Mutual Automobile Ins Cc CAB A++ Stable CA *Financial Strength Ratings as of 0510612005 04:39 PM E.S.T. Visit Best's Rating Center for a complete overview of our rating process and methodologies. Important Notice:Best's Ratings reflect our independent opinion,based on a comprehensive quantitative and qualitative evaluation of a company' strength,operating performance and business profile.These ratings are neither a warranty of a company's financial strength nor its ability to meet i obligations,including those to policyholders.View our entire notice for complete details Customer Service I Product Support I Member Center I Contact Info I Careers About A_M Best I Site Map I Privacy Pali cv I Security,I Terms of Use I Legal&Licensing Copyright©2005 A M.Best Company,Inc All rights reserved. 1-ittp://www3.ambest.com/ratings/RatingsSearch.asp?AltSrc=9 5/6/2005 VENDORS&AMOUNTS BID VENDORS &AMOUNTS BID BID ABSTRACT \� � A DUE -aq DATE: (�('�{�Ir`��""-`�LSJ )INGTO: o�� br1w c�llil.P jjj CCC�" -J JTITY COMMODITY ITEM'TM ,L/f/2 l-✓ LicenseLetau Page t of2 California Home Mondav, N AW ah ' " j r . Weicomela _ License Detail CALIFORNIA CONTRACTORS STATE LICEN I Contractor License # 509249 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before on this information, you should be aware of the following limitations: I . CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject tc complaint disclosure, a link for complaint disclosure will appear below. Click on the lin button to obtain complaint and/or legal action information. . Per B&P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. e Arbitrations are not listed unless the contractor fails to comply with the terms of the i arbitration. a Due to workload, there may be relevant information that has not yet been entered ont Board's license data base. I Extract Date: 05/09/2005 * * * Business Information D C HUBBS CONSTRUCTION 37306 VISTA VIEW DR YUCAIPA, CA 92399 Business Phone Number: (909) 790-2215 Entity: Sole Ownership Issue Date: 04/17/1987 Expire Date: 04/30/2007 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications Class ) Description ] �IGENERAL ENGINEERING CONTRACTOR C21 ]BUILDING MOVING, DEMOLITION * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 932320 in the ami http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 5/9/2005 License Detail Page 2 of 2 I I I $10,000 with the bonding company i SURETY COMPANY OF THE PACIFIC. j Effective Date: 01/01/2004 jContractor's Bonding History * * * Workers Compensation Information This license is exempt from having workers compensation insurance; they certified that they employees at this time. I Effective Date: 0 4/2 911 9 9 3 Expire Date: None Personnel listed on this license (current or disassociated) are listed on other lice) Personnel List other Licenses License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request ©2005 State of California Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 5/9/2005 WORKER'S COMPENSATION CERTIFICATE (AS REQUIRED BY SECTION 1861 OF THE CALIFORNIA LABOR CODE) I am aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract. Contractor A), C_ IqL) lob-5 Cor)311-0 Title 6(.L),-y e r FARRELL DRIVE SIDEWALK CITY PROJECT NO. 04-09 WORKER'S COMPENSATION CERTIFICATE 3/23/2005 AGREEMENT AND BONDS- PAGE 12 \ STATE OF CALIFORNIA—DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF APPRENTICESHIP STANDARDS TO: California Department of Industrial Relations Division of Apprenticeship Standards P.O. Box 603 San Francisco, California 94101 EXTRACT OF FROM: AWARDING AGENCY PUBLIC WORKS CONTRACT AWARD 832480000 City of Palm Springs Office of Procurement & Contracting 3200 E. Tahcluitz Canyon Way Palm Springs, CA 92263-2743 A CONTRACT TO PERFORM PUBLIC WORKS UNDER LABOR CODE §17777.5 HAS BEEN AWARDED TO: 2 Name of General Contractor 3. Contractor's License Number D.C. Hubbs Construction 509249 4 Mail Address(Street Number of P.O.Box) 5 City 37306 Vista View Drive Yucaipa 6. Zip code 7. Telephone Number 92399 (909) 361-2900 Ext 8. Address or Location of Public Works Site(Include city and/or country) Farrell Drive, Palm Springs, CA USA 9. Contract or Project Number 10 Dollar Amount of Contract Award 04-09 $$86,888.00 11.Starting Date(Estimated or Actual) 12. Completion Date(Estimated or Actual) MONTH DAY YEAR (USE NUMBERS) MONTH DAY YEAR (USE NUMBERS) 6/15/2005 7/14/2005 13 Type of Construction(Highway,school, 15 hospital,etc City sidewalks R NEW CONSTRUCTION ❑ ALTERATIONS 16. Classification or Type of Workman(Carpenter,plumber,etc.) Concrete workers 17. Is language included in the Contract Award to effectuate the provisions of Section 1777.5, As required by the Labor Code9 ... .... .... ... ... ... X YES NO Is language included in the Contract Award to effectuate the provisions of Section 1776, As required by the Labor Code... ... ... .. ..... ... .... ... .... X YES NO J,gnaae 19. Title 20. Dale Procurement& May 6, 2005 Contracting Manager 21. Printed or Typed Narea /~ 22 Telephone Number Bruce R. Johnson 760-322-8373