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04832 - AMERICAN ASPHALT SOUTH 2003-04 ANNUAL SLURRY SEAL CP03-15 STREET
CITY OF PALM SPRINGS CALIFORNIA P.O.Box°L\743,Palm Springs California 92263,(760)323-8253 Dep�.rt'nant of Public Works and Engineering NOTICE OF ACTION FOR: ■PUBLIC AND/OR ❑PRIVATE IMPROVEMENTS TO: American Asphalt South,Inc. ACCEPTANCE DATE: April 21,2004 14436 Santa Ana Avenue PROJECT. CP#03-15,2003/2004 Annual Fontana,CA 92337 Slurry Seal AGREEMENT NO. 4832 MINUTE ORDER NO. 7447&7448 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 L F. Curbing L.F. Street Paving SY Street Paving S F Sidewalks ST Sidewalks S.F. Driveway Approaches S.F. Driveway Approaches S.F. Bike Paths EA. Bike Paths S.F. Sewer Mains L.F. Sewer Mains L.F. Sewer Laterals LE Sewer Laterals L.F. Sewer Manholes EA Sewer Manholes EA Storm Drains L.F. Storm Drains LT Survey Monuments EA. Survey Monuments EA. Type II Slurry 1,141,204 S.F. REAS Slurry 276,792 S.F. Location: Section 14,T-4-S,R-4-E and Vista Chino between Gene Autry Trail and East City Limits C.P.S.Drawing No(s). Specifications Permit No. 13223 Contractor(s)actually doing the work American Asphalt South,Inc. Notify your bonding company/bank to release the following bonds: No. 0377425 in the amount of S 151,128.39 Performance IX°log 105 No. 0377425 in the amount of $151,128.39 Payment b7I09 JoL-1 No. in the amount of S 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: International Fidelity Insurance Commmv Comments: FINAL CONTRACT AMOUNT: S 152,613.05 Submitted by:` 41— _ Dated' 6-ol_ot Street Maintenance Manager Approved by: `IM Dated: 7 °N Director of Public Works/City Engineer Distribution:Original to Engineering Project File,Copies to Addressee,City Clerk,Engineering NOA Binder,Street Maintenance Manager,Building, and Facilities Index No.Q7 LOP OOC N 2004-0440679 06/09/2004 08:00A Fee:NC Page 1 of 2 PLEASE COMPLETE THIS INFORMATION Recorded in Official Records RECORDING REQUESTED BY. County of Riverside Gary L. Orso Assessor, County Clerk d Recorder AND WHEN RECORDED MAIL TO III II IIIIII IIII IIIII III III IIIII III IIIII III IIII M 5 U PAGE SIZE DA PGOR NOCOR SMF A95C q-p pp1 L A R L COPY LONG REFUND NCHG EXAM •) s Space above this line for recorders use only �� P TPA: 107T: / \1 �)I)f, i Title of Document_ HS AREA FOR RECORDEKS USE ONLY THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3:00 Additional Recording Fee Applies) ACR 238P-AS4REO(Rev.02/2003) Recording Requested By And When Recorded Return To: City of Palm Springs Attn: City Clerk P.O. Box 2743 Palm Springs, CA 92263-2743 (SPACE ABOVE THIS LINE FOR RECORDING USF) (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 21" day of May, 2004. 5. The name of the contractor (if named) for such work of improvement was: American Asphalt South, Inc., 14436 Santa Ana Avenue, Fontana, CA 92337. 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: 2003/2004 Annual Slurry Seal. 7. Nature of Interest: Fee Owner 8. The property address or location of said property is: Section 14, T4-S, R-4-E and on Vista Chino Between Gene Autry Trail and East City Limits. 9. City Project No. 03-15, Agreement Number: 4832, Minute Order Numbers: 7447 & 7448 CITY OF PALM SPR NS: REVIEWED BY: DATED: 6— 6 BY: 7 /�!`/I DATED: fw J- Director of pub � Worts/City Engineer David J. Barakian PATRICIA A. SANDERS, being duly sworn, says: That she is the City Clerk of the aforesaid City of Palm Springs, California, the corporation that executed the foregoing notice; that she makes this verification on behalf of said corporation; that she has read the foregoing Notice of Completion,and knows the contents thereof,and that thcfncts sit d therein are true; that as said City Clerk, she makes this verification on behalf of said municipal corporation. / City Clerk -Pntricia A. Sanders Index No. 0704 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII r ,00£0a� 'E 00R CITY OF PALM SPRINGS CONTRACT CHANGE ORDER To: American Asphalt South, Inc. Date: May 28, 2004 14436 Santa Ana Avenue Project No.: C.P.03-15 Fontana, CA 92337 Project Name: 2003 /2004 Annual SlurN Seal Change Order No.: Two (2)- Final Attn: Lewis D. Bohnett, President Contract Purchase No.: 416466 Account Number(s): 133-4498-50100, Agr,#4832 M.O.#7447 7 &7748 A.CHANGES IN WORK: Increase to Contract Bid Item 1 -Schedule A: Item Description 1 Construction of Rubberized Emulsion-Aggregate Slurry Seal, REAS (or Flex Seal), including mobilization, traffic control, removal and replacement of reflectorized raised pavement markers and pavement markings, and all appurtenant work on Vista Chino, from Gene Autry Trail to east City Limits. Decrease to Contract Bid Item 1 -Schedule 8: Item Description 1 Construction of Type 11 Slurry Seal, including mobilization, traffic control, removal and replacement of Reflectorized raised pavement markers and pavement markings and all appurtenant work on various City streets(as listed in the Appendix)within Section 14. B.CHANGES IN CONTRACT COST: Increase to Contract Bid Item 1 -Schedule A: Item Description 1 Construction of Rubberized Emulsion-Aggregate Slurry Seal, REAS (or Flex Seal), including mobilization, traffic control, removal and replacement of reflectorized raised pavement markers and pavement markings, and all appurtenant work on Vista Chino, from Gene Autry Trail to east City Limits. 23,757 SF @$0,1737 $ 4,126.59 Decrease to Contract Bid Item 1 - Schedule B: Item Description 1 Construction of Type II Slurry Seal, including mobilization, traffic control, removal and replacement of Reflectorized raised pavement markers and pavement markings and all appurtenant work on various City streets (as listed in the Appendix)within Section 14. 28,842 SF @$0.0916 ($ 2,641.93) TOTAL CHANGE ORDER = $ 1,484.66 NOTE: No additional markup will be added to any items in this Contract Change Order. All cost per each item are final. C. REASON FOR CHANGE: Final quantities were field measured and agreed upon by both the Contractor and the City Inspector. In Bid Schedule A, quantities were more than the contract estimate. In Bid Schedule B, quantities were less than the contract estimate D.SOURCE OF FUNDS: Account No. 133 -4498 -50100 $ 1,484. 66 May 28,2004 City Project 03-15 2003/2004 Annual Slurry Seal Change Order No. One (1) Page 2 of 2 Summary of Costs Contract Time Original Contract Amount: $271,056.85 Original Completion Date: May 11, 2004 This Change Order: $ 1,484.66 Days Added for this C.C.O.: 0 Previous Change Order(s): ($ 119,928.46) Previous Days Added: 0 Revised Contract Amount: $ 152,613.05 Revised Completion Date: May 11, 2004 1 have received a copy of this Change Order and the City Approval: above AGREED PRICES are acceptable to the contractor. Submitted By �� Date c 7 Street Maaiintenan a Manager By Approved By � �� Date/G Director of Public Works I City Engineer Title .�c= o'��/4 Approvedby Date Date ,lCty`N( nager i Distribution: Original Conformed Copies Conformed-File Copy Engineering (1) Engineering File (1) Finance (1) Engineering Field Inspector (1) Contractor (1) Engineering Field Supervisor (1) City Clerk (1) Purchasing Agent (1) WIC CITY OF PALM SPRINGS CONTRACT CHANGEORDER To: American Asphalt South, Inc. Date: March 3, 2004 14436 Santa Ana Avenue Project No.: 03-15 Fontana, CA 92337 Project: 2003/2004 Annual Slurry Seal Change Order No.: One (1) Attn: Jeff Petty, Vice President Contract Purchase No: Pending Account Numbers: 134-4498-50100 Agr.# 4832 M.O.# 7447 Res. # A. CHANGES IN WORK: Decrease to Contract Quantities: Bid Schedule B Item Description 2 Construction of Rubberized Emulstion-Aggregate Slurry Seal, REAS (or FLEX SEAL), including mobilization, traffic control, removal and replacement of reflectorized raised pavement markers and pavement markings, and all appurtenant work on Alejo Road, from Indian Canyon Drive to Sunrise Way; and on Sunrise Way from Ramon Road to Alejo Road; (and Avenida Caballeros from Ramon Road to Alejo Road, included in the quantity but not listed in the bid item). Increase to Contract Quantities: None. B. CHANGES IN COST: Decrease to Contract Quantities: Bid Schedule B Item Description Quantity Unit Unit Price Amount 2 Construction of Rubberized Emulstion- 889,677 SF $0.1348 $119,928.46 Aggregate Slurry Seal, REAS (or FLEX SEAL), including mobilization, traffic control, removal and replacement of reflectorized raised pavement markers and pavement markings, and all appurtenant work on Alejo Road, from Indian Canyon Drive to Sunrise Way; and on Sunrise Way from Ramon Road to Alejo Road; (and Avenida Caballeros from Ramon Road to Alejo Road, included in the quantity but not listed in the bid item). TOTAL DECREASE TO CONTRACT QUANTITIES: ($119,928.46) Increase to Contract Quantities: None. TOTAL INCREASE TO CONTRACT QUANTITIES: $0.00 TOTAL NET CHANGE ORDER AMOUNT: ($119,928.46) NOTE: No additional markup will be added to anv items in this Contract Change Order. All costs per each item are final. C. REASONS FOR CHANGES: Decreased Items: The 2003/2004 Fiscal Budget appropriated $200,000 for the annual slurry seal project. The lowest, responsive, responsible bid price for the programmed slurry seal project is $271,056.85, $71,056.85 above the budgeted funds for this project. Maintenance of the three arterial streets (Alejo Road, Sunrise Way, and Avenida Caballeros) within Section 14 will have to be postponed until the next fiscal year when it can be budgeted as part of the next annual slurry seal project. D. SOURCE OF FUNDS: Funds are available in the following account: Account No.: 134-4498-50100 (Slurry Seal Program) Summary of Costs Contract Time Original Contract Amount: $271,056.85 Original Completion Date: To be determined This Change Order: ($119,928.46) Days Added for this C.C.O.: - 0 - Previous Change Order(s): $0.00 Previous Days Added: - 0 - Revised Contract Amount: $161,128.39 Revised Completion Date: To be determined I have received a copy of this Change Order and City Approval: the above totals are acceptable to the contractor. Submitted by Date Street Maintenance Manager By ' Approved by ( Date Director of Public Works/City Engineer Title i./E'Cl'ETU1'4 /���� Approved ed by Date Date /' ' /0 y Distribution: Original Conformed Copies Conformed-File Coo Engineering (1) Engineering File (1) Finance (1) Public Works Inspector (1) Contractor (1) Engineering Field Supervisor (1) City Clerk (1) Purchasing Agent (1) '- American Asphalt South 2003-04 Slurry Seal AGREEMENT #4832 M07447, 3-3-04 1 , AGREEMENT - - -- ----- - -- -- - --- --THIS AGREEMENT made this ')�U day of \'4\�����'� "� in the year 2004, 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 AMERICAN ASPHALT SOUTH, INC. 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: 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 The Work is generally described as follows: Application of rubberized emulsion-aggregate slurry seal (REAS) or FLEX SEAL; and construction of Type II Slurry Seal on various City streets in Sections 7 and 14(as listed in the Appendix);traffic striping;and all appurtenant work. ARTICLE 2--COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with 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 ($151,128.39) 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, Nan-collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers 0 to 0 , inclusive, and all Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 AGREEMENT FORM 1/22/04 AGREEMENT AND BONDS-PAGE 1 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. 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. ATT - CITY O PALM SPR S, C LIFOR IA APPROVED BY THE CITY COUNCIL: i B .. •� Minute Order No. ` Date CitY®C erk � /7 Agreement No. \j` WIT APPROVED AS TO FORM: By y Attorney Agreement over/tnukr $25,000 Date �'�D�- Reviewed rind approved by CONTENTS APPROVED: Procurement & Contracting �^ initials ��Date� �7.- d��. By P.O. Number City Engineer Date l G By o City Manager Date nit 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 AGREEMENT FORM 1/22/04 AGREEMENT AND BONDS-PAGE 2 CONTRACTOR: Check one:_Individual Partnership / Corporation Corporations require two notarized signatures: One from each of the following: A. Chairman of Board, President, or any Vice President AND B. Secretary,Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. BY 9 41 a,+4 By t SIGNATM NOTARIZED SIG-9ATURE NOTARIZED Name: Je-A' /v°�7 W / e //�lTObif Title: VI(e Preflded Title Address: M, 40f Address: State of State of County of County of On before me On before me personally appeared personally appeared personally known to me(or proved to me on personally known to me(or proved to me on the basis of satisfactory evidence)to be the the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed person(s)whose name(s)is/are subscribed to the within instrutent and acknowledged to the within instrument and acknowledged to me that he/she/they executed the same in to me that he/she/they executed the same in his/her/their authorized capacity(ies), and his/her/their authorized capacity(ies)and that by his/her/their signature(s)on the that by his/her/their signature(s)on the instrument the person(s), or the entity upon instrument the person(s), or the entity upon behalf of which the person(s)acted, behalf of which the person(s)acted executed the instrument. executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature Notary Signature Notary Seal: Not Seal: CALIFORNIA ,ALL-PURP` SE ACKNOWLEDGMEN7 c' State of California (` ss. }: County Of r< ,< On rc r3 before me,-�cXars� 7� 11�1�2 - /l�r � r oat. Name aml rtle at unear leg.,"Jane Oee,No Publlc" (, personally appeared � 7 Namels)or Signegs) pl, ET"Personally known to me ❑ proved to me on the basis of satisfactory fi evidence f to be the person(s) whose name(s) is/are �.• IYICHHfYD FN"I-RIIJN roNr�.ralao�lzo subscribed to the within instrument and 1J0u sus+u�euesCOUNTY�l�e7j acknowledged to me that hs/she/they executed ' n Ply Ccmm.Fu.July n.2W5 M the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) an the instrument the person(s), or c the entity upon behalf of which the person(s) CI ti acted, executed the instrument. � WITNESS my hand and official seal. 6 is Place Notary Seal Above Signature er Natery Pubhe l(1� r OPTIONAL n `r Though the information below is not required by law, it may prove valuable to persons relying an the document l 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 Signer's Name: :• 1 ❑ Individual Tap of thumb here fi ❑ Corporate Officer—Title(s): d ❑ Partner—❑ Limited ❑ General ti ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ` fi ❑ Other: j; Signer Is Representing: �:<.:.<=.. ....;-G<:...:�<,'-c:-::�;=c:u�_.."-<.'�<.:-.,ti r.::-..'.:u;a;c.:.=<.c:.'�t..•—`- _-w:T^.�,...:<4�,.Y ri-4_,'*.c:-c.:c._, ®1999 National Notary Asaonat a-935500a Soto Ave.,P.O.Sox 2402 CA S1313.2402 Prod.N..5907 R.Ordee Call Toll-Free 1-800-076-6929 r Bond No. 0377425 Executed in Four(4) Counterparts Premium included in Performance Bond PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That AMERICAN ASPHALT SOUTH, INC" as Contractor, And International Fidelity Insurance Company as suroTy, are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the County of Rivernide. State of CAlifomis,hereinafter called the "City," In the,sum of: One hundred fifty one thousand one hundred twenty eight and 39/100---------dollars, for the payment of which sum wall and truly to be made, wo bind ourselves, our heirs, executors, administrators, successors, and asalgns,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: 200312004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 NOW THEREFORE, if Bald Contractor, Its subcontractors, its he: executors, administrators, successors,or assigns shall fall to pay for any materials, provisions, provonder, 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 Unamployment Insurance Code with respect to such labor, ell as required by the provisions of Title XV, Chepter 7, Sections 32473262, inclusive, of the Civil Code of the State of California and acts amendatory thereof, and Sections of other Codas of The State of California referred to therein and acts amendatory thereof, and provided That the persona, 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 of 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 compiled with the provisions of said laws, than said surety will pay the same In an amount not exceeding the sum hereinbefom set forth, and also will pay, in case suit Is brought upon this bond, a reasonable artorney's fee as shall be fixed by the Court. This Bond shall Inure to the benefit of tiny and all persons named In Section 3181 of the Civil Coda 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 maiorlals 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 Saraty thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release elther Bald Contractor or said Surety, and notice of said alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED, this 5 th day of March 2004. PAYMENT BOND AGREEMENT AND BONDS-PAGE 6 CONTRACTOR: American Asphalt South, Inc. (Check one:_individual, partnership, X corporation) By alpmtdre {NOTARIZED) Print Name and Title: J - Y00 Af,,WLV7' By (NOTARIZED) Print Name and Title: Zy/e 5/bne- l&� a (Corporettona require two signatures; one 5om each of the following groups: A. Chairman of Board, Resldnnf, or any Vlcm President:ANO B. Secretary,Asslatant Secretary,Trmasurer,Assistant Treasurer,or Chief Flnenclal Officer). SURETY International FidelitX Insurance Company By Title Ja s_B. Shba,. Attorney in Fact (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) PAYMENT BOND AGREEMENT AND BONDS-PAGE 7 State of California ) as. . County of 1!�"v n >n 3r ill l�l 1 On n.. before me,-7K-cl r� /�� fiz�i 2 r3 pr ?, Name end roe or Offcer(e g.."Jane Cue,Notary 41'1"y r. C personally appeared �r�% Sz% lz e a� Je f� c /Z-1-1 Names or Slgnegs) 5 glarsonally known to me fi ❑ proved to me on the basis of satisfactory evidence fi to bs the person(s) whose names) is/are li % .0 a+c, Ago` ;ii::cur) I� subscribed to the within Instrument and fi :, 5; eol'rl�.rxu,o�ozo CA }s .;,t , ,_ acknowledged to me that he/she/they executed II•. . P:J•IJGCALIPOiRNV, c JSANGELESCOUNTY p the same In his/her/their authorized 19y Ou.m.eg1.Ju'y 13.2005 ` — capacity(ies), and that by his/her/their q."ti '.'-`U"r-wr"ray-•:.�'v��r�=,�� signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. f� ra WITNESS my hand and official seal Place Notary Seal Above T— aignaNre of Notaryryic OPTIONAL 5' Though the information below is nor required by law, it may prove valuable to persons relying an the document and could prevent fraudulent removal and reattachmeor of this form to another document, l Description of Attached Document Title or Type of Document: < I. Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: �- 1 ❑ Individual Top or thumb Here fi ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General n ❑ Attorney in Fact ❑ Trustee d l� c ❑ Guardian or Conservator ❑ Other: p� � n Signer Is Representing: C 1909 NallonalNcla,y Aasocellon•93909a Soto Ave.,PC.Box 2402•Chatswonh,CA 91M 2402•...natlonaln=,Org Pmtl.4o.5007 Reortlec call roll-Great-0o0-9]5.8627 Tel(973)624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY -- HOME OFFICE:ONE NEWARK CENTER,20TIl FLOOR .. NEWARK,NEW JERSEY .07102-5207^' KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing --laws of die State of New Jersey,and having its principal office in the City of Newark,New Jersey;does hereby,constitute and appoint R.A. BASS, JAMES B. SHEA„- THERESE .A. MCNULTY, JOHN J. CASEY San Francisco, CA. its true and lawful amirney(s)-in-fact to execute,:seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permuted by law,statute,rule,regulation,contract or otherwise, and i the execution of such nstrument(s)'in pursuance of these presents, shall be as binding•upon he said INTERNATIONAL FIDELITY INSURANCE- COMPANY, as fully and•amply, to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly,elected officers at its principal office. This Power of Attorneyy is executed,and maybe revoked,pursuant to and by authorityof Article 3-Section 3,of the By Laws adoppted.by the Board of Directors of INTERNATIONAL'FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day'of February, 1974. , The President or any Vice President,Executive Vice,President,Secretary or Assistant Secretary,shall have power and authority - (1)To appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, (2)To remove,at any time,any such attorney-in-fact and revoke the authority given. -- Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any _ such power so executed and cerfrfied by facsimile signatures and facsimile seat shall be valid and binding upon the Company in le future with respect to any bond or undertaking to which it is attached. ITY INSG be vO�p signed TESTIMONYWHEREOI INTERNATIONAL FIDEIINSANCyoOMPNhascaused this instrument to be a and corporate s is A1998.SEAL c7i m INTERNATIONAL FIDELITY INSURANCE COMDAAY c 19 q STATE OF NEW JERSEY 40 6 Z Nr p County of Essex yd ``�.JfRs Vice-Pr 'dent On this 31st day of August 1998,before me came the individual who executed the preceding instrument, to me personally known, and,being by me duly sworn,said tie he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate Seal of said.Company; that the said,Corporate Seal and his,signature were duly affixed by order of the Board of Directors of .said Company. " 1^+•�nVL IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal, �P• : '�� at the City of Newark,New Jersey the day and year first above written. , NOTARY PUBLIC .4, JEF� A NOTARY PDBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov.21,2005 I,the undersigned officer:of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of,Attorney and affidavit,and die copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney,with the ORIGINALS ON IN THE HOME OFFICE OF.SAID COMPANY,and that the same are correct transcripts thereof,and the whole of the said originals,and that the said Power of Attorney has not been revoked and is now it)full force and effect IN TESTIMONY WHEREOF,I have hereunto set.my,hand this 5th day of March, 2004. - Assistant Secretary State of California County of San Francisco On March 5,2004 before me, Lillian Tse,Notary Public N�.mc ar u T ttL�of Ofii-r n-q J�j-,ou,N�Jjip, personally appeared James B. Shea W"personally kno%,n to me proved to me on the basis of satisfactory evidence LILLIAN to be the person(s)whose name(s)is/are subscribed Li ILLIAN TSSE to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. WITNE Illy hand anti uffl-ial seal. 'oil Ab,,s 7" S r�,," I I!M.ry Pub cThouqh the information boim,/is not required bylaw. it may prove valuable to persons iLlyinq on the document end could prevent ft audutent removal and reattachment of this form to another document. Title or Type of Document:Payment Bond Document Date: MarchS 2004------ Number of Pages: three-Q), ------ Signer(s) Other Than Named Above: Signer's Harne: ----—---- I ) Individual z R Corporate Officer —Title(s). Ll Partner—L! Limited General V Attorney in Fact 1-1 TFUS100 11 Guardian or Conservator fu Other: ------ Signer Is Feprescntmg: International Fidelity Insurance Company L------ Bond No. 0377425 Executed in Four(4) Counterparts Premium $1,308.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That AMERICAN ASPHALT SOUTH, INC. as Contractor, And International Fidelity 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 celled the "City,' in the sum of: One hundred fifty one thousand one hundred twenty eight and39doh00 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: 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 NOW THEREFORE,if said Contractor shall perform all the requirements of said Contract Documents required IT;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 fumishad, 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 extenafone of The Agreement is hereby waived by sold Surety, SIGNED AND SEALED,this 5 th day of March 2004. CONTRACTOR: SUREry: American Asphalt South, Inc. International Fidelity ._Insurance Company (Check one: _Individual, _partnership, X corporation) By By - J _ �Ipnarura elpnemr _--- OTARIZEDV (NOTARIZED) faint Name srnd�pTitl//e: )��� /� ' / Prin ame and Title: X?e XWW ew / James B. Shea, Attorney in Fact (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) By Zel- _.C�1- 1 sipnrrum (NOTARIZED) Print Name and TITI6: 111e , S7bOe- ferre7�r�!_ _— (&rpomtions require two slgnatmres;no from gtcM1 of The following groups:A.Choirman of Board,Preoldena,or any vice Presldont; AND B. Secremry, Aasletent Secretary, Trepaurer, Aasletem Treasurer, or Chlef FlnenclO Officer). 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03,15 PERFORMANCE BOND 1/22/011 AGREEMENT AND BONDS- PAGE 5 State of California ss. a County of n rrrrl if On before C ate Name and roe or Officer(e 9., 'Jane Ooe,Notary Puhll" personally appeared A v/Z, 'Name(si or Signer(a) ,. p;<ersonally known to me ❑ proved to me on the basis of satisfactory III fi evidence to be the person(s) whose name(s) is/are h -� R(e( nr�eurae:e(a l� subscribed to the within instrument and it ,, I yP i WWI 01309120 •,�, I� MQ-5 PUBLIC. ALlFORNtd acknowledged to me that he/she/they executed ws vice Eacourm the same in his/her/their authorized MY aN.ey.ia(yn.2aos ca acit ies , and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ^I Place Notary Seal Above Signature or Notary Public F{ n OPTIONAL though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: o 'n ;F Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top or thumb here fi ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General 1) ❑ Attorney in Fact ❑ Trustee c ❑ Guardian or Conservator ❑ Other: � 1 Signer Is Representing: r; Q 1999 National Notary Assmaolon•ae00 Do Solo Ave.PC.Box 2402•Chatawauh.CA 91313-2402•wwwnauonatnoo,,,rg Pme.No.5907 Reinder,Call Toll-Flea 1-800-876,6827 Tet(97�)624- zoo " . PO"wER OF""ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE:ONE NEWARK 20TH FLOOR NEWARK,NEW JERSEY•,07102-5207' KNOW ALL MEN BY THESE PRESENTS: That'"BNPEENATIONAL VII)FLITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey,and having;its principal office in the City of Newark,.New Jersey,does hereby consdtute and appoint R.A. BASS, JAMES B. SHEAF: THERESE.. A. MCHULTY, JOHN Jo CASEY ' San Francisco, CA. its true and lawful anorpey(s)-in-bact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and,. other writings obligatory to the nature thereof, which are or may be,allowed,required or permitted by law, statute,rule,regulation,contract or otherwise,and the execution of such mstrument(s) in pursuance of these presents, shall be as:binding upon the said INTERNATIONAL FIDELITY INSURANCE" COMPANY, as fully and amply, to all intents and purposes,as,if the same had been duly executed and acknowledged by its regularly'elected^officers at its In incipal office. This Power of Attorney is executed,and ma yy be revoked,pursuant to and by authority of Article 3-Section 3,of the By-Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY 1SURANCE COMPANY at a,meeting called and held on the 7tb day of February, 1974. -The President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority (1)To appoint Attorneys-in-fact,and to authorize diem to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, (2)To remove,at any time,any such attorney-in-fact and revoke the authority given. , Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29m day of April, 1982 of which the following is a true excerpt: " Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any band or undertaking to which it is attached. TY r('/� IN gned and iONYpWH W seal HEREOF,INTERNATIONAL be affixed y its t au�thoriizzed officer,thisINSs33�day of CE COMPANY IDu�has caused this instrument to be 0 4�SEAL�� n INTERNATIONAL FIDELITY INSURANCE CO NY 6 STATE O NEW JERSEY f �!"y 1904�a O County Essex " 'yy Vice-Pr idea On this 31st day of August 1998, before me came the individual who executed die preceding instrument, to me personaty known, and,being by me duly sworn,said the lie is the therein described and authorized officer of die ,INTERNATIONAL FIDELITY INSUAtANCE COMPANY;that the seal affixed to ' said instrument is the Corporate Seal of said Company;that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of _ said Company. IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal, Q-• � S. at the City of Newark,New Jersey the day and year first above written.� 0 NOTARY 4, — PUBLIC L J E A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION _ "MyCmnmhssion Expires Nov.21,2005 1,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby cer*that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the By-Laws of said Company as set forth in said'Power.of Attorney,with the ORIGINALS ON'r IN THE HOME OFFICE OF SAID COMPANY,and that the same are correct transcripts thereof,and ofthe whole of the said originals,and that the said Power of Attorney has not been revoked and is now In fpll force and effect IN TESTIMONY WHEREOF,I have hereunto set My hand ibis 5th -day of March, 2004 ' " Assistant Secretary " f State of California as. County of San Francisco H On March 5 2004, before me, Lillian Tse,Notary Date N,1m1,1.no TIrl If If,I Jnm"Do,Nuiary PuL'1;1 personally appeared James B. Shea 6/personally known to me- L] proved to me on the basis or satisiciciory evidence LILLIAN TSE to be the person(s)whose name(s)is/are subscribed A IL COMM. #1455274 to the within instrument and acknowledged to me NOTARY PUBLIC-CALIFORNIA 0 that he/she/they executed the same in his/her/their SAN FRANCISCO COUNTY authorized capacity(ies), and that by his/her/their My Comm. Expires Dec.9,2007 signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. VV IT Nf E z:S mh! hand and on 2iall seal' Pln.-,(; SCIa1 AbDve i-hough the information bolowis not torfuhridbylaw, rt may prove valuable to persons rclying Uri 1170 document and could prevent flourfulani removal and reattachment of this form loancifirror document Docu mant Title or Type of Document: PerfqrTnance Bond Document Date: March 5,2004 J Signer(s) Other Than Named Above: i Signer's Name: 11 Individual I l Corporate Officcr—'Fillets): 1 Partner—1—L Limited F-i General V Attorney in Fact i Truster f i Guardian or Conservator 0 Other: Signer Is Representing. hitzma-ionalFidelity Insurance Company L------- 1-99 NX u"'NO,, 9350 0a WWI'111,P 0,pllx Nop-1'imt'la'!]1,Cl;l qIj 1.1 l')2'.11 1111ro!)Lil 10,11, 9 P"."d N.5'N7 RMql, C, T.r,,-i,ti o.u rs,t 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. 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 COVER SHEET 1/22104 BID FORMS-PAGE 1 BID BID TO: CITY OF PALM SPRINGS, CALIFORNIA The undersigned Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with the City in the form included in the Contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled: 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 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, et 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 Band 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). �,,,r Dated: 1Ana �/ A / Bidder: 140elriC4h � /1' � � �✓-,: By: i •_1G1 / (Signature) Title: 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 UNIT PRICE BID SCHEDULE 1/22/04 BID FORMS-PAGE 2 BID SCHEDULE A Schedule of Prices for the Construction of the: 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO. 03-15 Vista Chino, from Gene Autry Trail to east City Limits in Section 7, Township 4 South, Range 5 East In Palm Springs, California Item Description Estimated Unit Unit Amount No. Quantity Pnce Construction of Rubberized Emulsion- Aggregate Slurry Seal, REAS (or FLEX SEAL), including mobilization, traffic control, removal and replacement of 253,035 SF reflectorized raised pavement markers and $ $ pavement markings, and all appurtenant work on Vista Chino, from Gene Autry Trail to east City Limits. TOTAL OF ALL ITEMS OF BID SCHEDULE A: / (Price in Figures) ,�p'nr 41ree ,�hadl�irta! Rine IoWied oJ,4,also 04%ar,- daoW Gaiy��-,9 CPnlJ �— (Price In words) f//Y��iCGIJ f/J,/4�/'7-4 �Ze- Name of Bidder or Firm 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 UNIT PRICE BID SCHEDULE 1122/04 BID FORMS-PAGE 3 BID SCHEDULE B Schedule of Prices for the Construction of the: 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO. 03-15 Various City Streets in Section 14, Township 4 South, Range 4 East In Palm Springs, California It.. Description rstimrted Unit Unit Amount No. QuantBy Pace Construction of Type II Slurry Seal, including mobilization, traffic control, removal and replacement of reflectorized 1, raised pavement markers and pavement 1,170,046 SF $de41011 markings, and all appurtenant work on — t ' various City streets (as listed in the Appendix) within Section 14. Construction of Rubberized Emulsion- Aggregate Slurry Seal, REAS (or FLEX SEAL), including mobilization, traffic control, removal and replacement of 2. reflectorized raised pavement markers and 889,677 SF $ 41A00 $ !�/p.Yates: pavement markings, and all appurtenant work on Alejo Road, from Indian Canyon Drive to Sunrise Way; and on Sunrise Way from Ramon Road to Alejo Road. TOTAL OF ALL ITEMS OF BID SCHEDULE B: $ �( (Price in figures) �a 4��rnd -rPd-h 116ranal ahc IaAw -41/1- cl-)Arr (Price in words) TOTAL OF BID SCHEDULES A AND B COMBINED (BASIS OF AWARD): (Pace in figures) r � /40a�4 tPl.�rnr-rlae �i�U!gnr� o✓a//arr R/Ia! 'o -7ar (Priefi 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. l-it H/P ��JDU�� � Name of Bidder or Firm 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 UNIT PRICE BID SCHEDULE 1/22/04 BID FORMS-PAGE 4 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 SC l 2. 3. 4. 6. 6. 7. 8. 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 LIST OF SUBCONTRACTORS 1/22104 BID FORMS-PAGE 5 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of -rrmkwd ) 1, < / .7Td�- oe being first duly swore deposes and says that he or she is CYO A of /�ineri�Qn, /f �c the party making the foregoing Bid, th 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 l NrlaFn By Title Organization G/pr,4�d /0✓' Address WeWe_ 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 NON-COLLUSION AFFIDAVIT 1/22/04 BID FORMS -PAGE 6 k ;I BID BOND KNOW ALL MEN BY THESE PRESENTS, i , That American Asphalt South, Inc. as Principal, and International Fidelity Insurance Company as Surety, LF are held and firmly bound unto the City of Palm Springs, hereinafter called the "City" in the sum of: Ten Percent (107) of Amount Bid 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, ri 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: 200312004-ANNUAL SLURRY-SEAL CITY PROJECT NO. 03-15 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 an 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 suitr including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED, this 6th day of February 2004, PRINCIPAL: SURETY: I� American Asphalt South Inc. International Fidelity Insurance Company (Check one; _individual, _partnership, X rorporotlonl BY 'I crn,mtura alanenrce INOTARIZED) (NOTARIZED} Print Name and Title: / tNums Title: �/,f�ne fPcrr�Yry James B. Shea, Attorney in Fact By posture INOTARIZEDI Prim Name and Title: (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURF IYI �J ` PE-7q V)CL Peel tr; (Corparstlone reauirs iwD signatures;one from each of the following groups:A.Lhalrmen or aOaM,Proildent,or any Vice President:AND B. Secretary, Assistant Secreray,Trensuw,Assistant Treasurer, or CNaf FlruneW Weer). is 200312004 ANNUAL SLURRY SEAL CITY PROJECT No,Q3-15 DID BOND (BID SECURITY FORM) 1122104 BID FORMS-PAGE 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �,rr<-r-..-rrc-r.,=ram:.r^.- --- - r t3 fi State of California ss. County of �5�0 n F << On /-7�ay before me, �c�arr� 7",� i� � - 2T�rr r ° Data Name and Title of Officer(e.g.,"Jane ct., Notary Puh11 , !h F personally appeared Lv/a 5"7 ,, c 'Neme(s1 of eigner(s( '�I ❑ personally known to me ' ❑ proved to me on the basis of satisfactory evidence fi to be the person(s) whose name(s) is/are subscribed to the within instrument and RICHARD ENTRIKIN P, C914M.#1309120 N01LIAY PUBLIC-CAUFORNU y acknowledged to me that he/she/they executed Q LOSANGEIESCOUNTY the same in his/her/their authorized F My Coni Eq.jWr13,2005 capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. j 2 WITNESS my hand and official seal. 2 a� Place Notary Seal Above T` Signature of Nalary PWIm OPTIONAL a Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 'llj Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: n Capacity(ies) Claimed by Signer Signer's Name: = ❑ Individual mp of memo here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General 1 ❑ Attorney in Fact �. ❑ Trustee h ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Nalary Association•9350 on Soto Ave.PO Sox 2402•Chatsworth,CA 91012-2402•...rallonalnot.rArtg Fred or.5207 Reorder.call Toll-Free 1-900.076-662T Tel(973)624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER,20TH FLOOR NEWARK, NEW JERSEY 07102-5207 FOR BID BOND/RIDER/CONSENTS/AFFIDAVITS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey,and having its principal office in the City of Newark, New Jersey,does hereby constitute and appoint R.A. BASS, JAMES B. SHEA, THERESE A. MCHULTY, JOHN J. CASEY San Francisco, CA. ::::I its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatory m the nature thereof,which are or may be allowed,required or ermitted 6yy law,stature, rule regulation contract or otherwise,and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONALFIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed,and ma yy be revoked,pursuant to and by authority of Article 3-Section 3,of the By Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY WSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority (1)To appoint Attorneys-fir-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, (2)To remove,at any time,any such attorney-in-fact and revoke the authority given. Further,this Power of Attomey is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of die Company may be affixed to any,such power of attorney or any certificate relating thereto by facsimile,and any such power of,attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bindmg upon the Company and any such power so executed and certified by facsini le signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. Ty�N�G IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be POp� signed and its corporate seal to be affixed by its authorized officer,this 31st day of August,A.D. 1998. �S co SE L m• �y INTERNATIONAL FIDELITY INSURANCE COMrkNY L y I9�4 q STATE OF NEW JERSEY S`y p County of Essex Vice-Pr ident On this 31st day of August 1998,before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly swom,said the he is the therein described and authorized officer of tine INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of Are Board of Directors of said Company. Iv^RQ� IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal, at the City of Newark,New Jersey the day and year first above written. O NOTARY � , PUBLIC JEASf A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov,21,2005 I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney,with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY,and that the same are correct transcripts thereof,and of die whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF,I have hereunto set my hand this 6 th day of February, 2004� Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �.��r'Y'K1.5"r..'fw�'iYw"�nScC•G1.�4�'�l�w'.'.4T`.'4`Ch^Ci+"t`v�'yv�`:�Fi'!:.G�°5L�.5rh�`„�^�C '..ck�^.F.'t'fie";.�i 'hi...,�v..h-.,';`'�f',��;4�xw�rT'.:;S.K�,ce:%,r..diS����� State of California ss. County of San Francisco c h� r G: On Februar 6 2004„__, before me, Lillian Tse,Notary Public bate Nnmo arnl VVe of Pfrcor ..�_.__,_._�........_' le.B."Jane[7aa.NalBry Pubbc') i k personally appeared James B. Shea _ ly proved Ito mewont theebasiS of satisfactory ___._.__ _., Namol•)of Sranorfr evidence to be the person(s)whose name(s)is/are subscribed r' LILLIAN TSE to the within instrument and acknowledged to me Wi COMM. #1455274 that he/she/they executed the same in his/her/their Um �;" NOTARY PUBLIC-CALIFORNIA 0 authorized capacity(ies), and that by his/her/their a. SAN FRANCISCO COUNTY ¢w„ My Com.Expires Dec.D,211p'T signature(s)on the instrument the person(s), or the m y', v^t entity upon behalf of which the person(s)acted, executed the instrument. r? 'i WITNE=Uf eal. 3 Place Nola,5..1 Ahova OPTION a1, ` 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: r Document Date: February 6, 2004 Number of Pages: o.(2) Signer(s) Other Than Named Above: k; hC' Capacity(ies) Claimed by Signer ~ Signer's Name: :-- ' ❑ Individual Top of thwnu horn ❑ Corporate Officer—Title(s): ❑`' Partner—Ci Limited FGeneral V Attorney in Fact [1 Trustee C- Guardian or Conservator ❑ Other: Signer Is Representing: International Fidelity Insurance Comps C,1999 NW..1 Nelary Aseaiauon•9350 De Soto Ave.,PC.Sow 2502•CheWnogh,CA 0131v2402•vma nmlonn1n0tar"rg Prwl Nn M7 A Mec Q0 To:4Frm L8W 676 G447 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. 7, BIDDER/CONTRACTOR'S Name and Street Address: AVOW jaw 10k 2. CONTRACTOR'S Telephone Number:( Facsimile Number: 3. CONTRACTOR'S License: Primary Classification /7 State License Number(s) 1-9160// 'I-ip Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety _11er0aX-dA?/ efi� �✓Uiahre� GOHJ h// Address �9�5 Tfb� t���! ✓6/i� .r� ' Surety Company �lOfariG Of^ `a/ �i4' �y22YrCrG / rh�tt �. Telephone Numbers: Agent (�/S) ✓`y����D Surety ( q�'S) �1D ����✓ 5. Type of Firm (Individual, Partnership or Corporation): G� 3Dt4 A 6. Corporation organized under the laws of the State of: L��' ✓`/�r+ 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: Ilk Gv e f46' — ✓ECrs,��-y �arre v' 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 BIDDER'S GENERAL INFORMATION 1/22/04 BID FORMS- PAGE 8 BIDDER'S GENERAL INFORMATION (Continued) 8. Number of years experience as a contractor in this specific type of construction work: �Q T 9. List at least three related projects completed to date: a. Owner See /,�/�C4ef L/2STAddress 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: T�q /I 11. Is full-time supervisor an employee X 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. 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 BIDDER'S GENERAL INFORMATION 1/22104 BID FORMS- PAGE 9 REFERENCE LIST AGENCY/CONTACT PROJECT NAME DOLLAR AMOUNT DATE COMPLETED L.A. COUNTY PUBLIC WORKS ROAD DIVISIONS 336 & 339 SLURRY SEAL $171,483.42 August-01 RICARDO GORDILLO (626)458-3142 CO. OF SAN BERNARDINO EAST DESERT AREA SLURRY SEAL PROJECT $338,882.63 October-01 IVAN BENAVIDEZ(909)931-9331 CO. OF SAN BERNARDINO NORTH DESERT AREA SLURRY SEAL PROJECT $294,330.70 November-01 IVAN BENAVIDEZ (909)931-9331 CITY OF UPLAND CITYWIDE SLURRY SEAL(2001-2002) $245,248.13 November-01 BOB CRITCHFIELD-(909)931-4246 CO. OF SAN BERNARDINO VICTOR VALLEY AREA SLURRY SEAL PROJECT $257,567.20 November-01 IVAN BENAVIDEZ (909)931-9331 CO. OF SAN BERNARDINO VALLEY AREA SLURRY SEAL PROJECT $170,994.86 January-02 IVAN BENAVIDEZ(909)931-9331 CITY OF WESTMINSTER 2001-2002 CITY-WIDE SLURRY SEAL PROJECT $253.156.90 November-01 KEVIN SIN (714)898-3311 EXT 229 COUNTY OF ORANGE SLURRY SEAL OF VARIOUS STREETS 2001-02 $984,330.81 January-02 HERNAN PELAEZ(714)567-7837 CITY OF SOLANA BEACH 2O01-02 STREET REPAIR AND SLURRY SEAL BID $132,072.47 March-02 HECTOR EZQUERRO(858)720-2480 NO. 2001-13 CITY OF SAN BERNARDINO PAVEMENT REHABILITATION BY SLLURRY SEAL $208,053.80 April-02 MICHAEL WOLFF(909)384-5166 METHOD AT VARIOUS LOCATIONS (PHASE XI) CITY OF CATHEDRAL CITY PANORAMA AREAS RUBBER SEAL& RESTRIPING $967,724.33 May-02 JERRY JACK(760)770-0329 PROJECT REFERENCE LIST AGENCY/CONTACT PROJECT NAME DOLLAR AMOUNT DATE COMPLETED CITY OF INDIO RUBBERIZED ASPHALT TYPE II $94,663.63 April-02 BEN SALAZAR(760)347-1058 SLURRY SEAL PROJECT CITY OF BARSTOW 2002 ANNUAL STREET MAINTENANCE $351,061.63 April-02 WILL HENDERSON(760)256-3531 TOWN OF APPLE VALLEY SLURRY SEAL 2001 $309,400.74 May-02 RICHARD PEDERSEN(760)240-7352 CITY OF CHINO 2001-2002 SLURRY SEAL PROJECTS $209,011.02 June-02 RANDY LITTLE(909)591-9847 CITY OF INDUSTRY 2001-2002 SLURRY SEAL RE-BID $206,383.41 June-02 DALE MASL(626)333-0336 CITY OF LA PUENTE "ZONE 1" SLURRY SEAL PROJECT $127,496.40 June-02 JOE BOADA(626)855-1500 CITY OF NATIONAL CITY NATIONAL CITY SLURRY SEAL PROJECT, FY 01-02 $238,728.76 June-02 MICHAEL LONG(619)336-4386 CITY OF SAN CLEMENTE ANNUAL STREET SLURRY SEALING PROGRAM $126,522.45 June-02 GARY VOBORSKY(949)361-6132 CITY OF BURBANK 2002 SLURRY SEAL PROGRAM $200,910.52 July-02 JOHN MOLINAR(818)238-3947 CITY OF VISTA 2001/2002 CITYWIDE SLURRY SEAL PROJECT $148,184.10 July-02 DENNIS DUDEK(760)726-1340 CITY OF SANTA CLARITA 2001-2002 ANNUAL SLURRY SEAL PROGRAM $963,938.15 July-02 JUAN RAMIREZ(661)286-4139 REFERENCE LIST AGENCY/CONTACT PROJECT NAME DOLLAR AMOUNT DATE COMPLETED CITY OF CORONA 2001-02 LOCAL PAVEMENT RUBBERIZED $354,463.52 August-02 STEVE ENNA(909)739-4815 SLURRY SEAL CITY OF TEMECULA SLURRY SEAL PROGRAM-FY2001-2002 $365,563.06 August-02 ERIC WECK(909)694-6411 COUNTY OF ORANGE SLURRY SEAL OF VARIOUS STREETS IN ORANGE $1,424,854.36 July-02 HERNAN PELAEZ(714)567-7837 COUNTY, 2001-2002 CITY OF SAN CLEMENTE ANNUAL STREET SLURRY SEAL PROGRAM $262,502.22 October-02 GARY VOBORSKY(949)361-6132 CITY OF SAN DIEGO CITY WIDE GROUP "S-6"SLURRY SEAL $1,648,089.30 May-02 GENE MATTER(619)527-3463 CONTRACT L.A. COUNTY MD1 SEAL PROJECT 2001/2002 $1,655,240.29 November-02 TIM BAZINET(626)458-2185 L.A. COUNTY MD 1 SEAL PROJECT B 01/02 $1,148,644.15 December-02 SALMAN KHAN(626)458-4956 CITY OF WHITTIER PAVEMENT SURFACE TREATMENT FY 2002-03 $651,107.50 December-02 ALFREDO HERNANDEZ(562)464-3522 CITY OF INDIAN WELLS CITYWIDE SLURRY SEALING-2002 $68,125.50 November-02 BONDIE BAKER(760)776-0237 SAN BERNARDINO COUNTY A62928-VALLEY SLURRY SEAL $43,824.28 October-02 DAVID DOUBLET(909)387-7936 CITY OF YORBA LINDA PAVEMENT SURFACING, SLURRY SEAL AND $780,552.01 March-03 FERNANDO SALDIVAR CRACK SEALING PROGRAM (714)961-7100 CITY OF ALISO VIEJO 2002 SLURRY SEAL $328,317.48 April-03 ANGEL FUERTES (949)425-2500 REFERENCE LIST AGENCY/CONTACT PROJECT NAME DOLLAR AMOUNT DATE COMPLETED CITY OF CARSON 2002103 ANNUAL CITYWIDE RUBBERIZED $216,077.76 May-03 TRAVIS HOPKINS(310)952-1700 EMULSION AGGREGATE SLURRY PROJECT CITY OF MURRIETA CITYWIDE RUBBERIZED EMULSION SLURRY SEAL $284,564.84 May-03 MIKE BROOKS(909)304-9273 CITY OF RIALTO CONSTRUCTION OF SLURRY SEAL STREET $193,421.28 May-03 MARK DEVLIN(909)820-2551 REURFACING ON VARIOUS STREETS CITY OF WALNUT 2002-03 MAINTENANCE AREA 4 SLURRY SEAL $207,727.20 May-03 JASON WELDAY(909)595-7543 PROGRAM CITY OF PALM SPRINGS 2002/2003 ANNUAL SLURRY SEAL PROJECT $228,976.46 May-03 PETE AGRES (760) L.A. COUNTY LITTLEROCK RANCHOS ROAD ET AL $105,144.20 Jun-03 RUBEN AMEZUCA(626)458-4942 CITY OF CARLSBAD 2002/2003 STREET SEALING PROJECT $376,189.00 Jun-03 RICK WOTIPKA(760)802-8783 CITY OF SAN DIEGO CITYWIDE GROUP "S-7"SLURRY PROJECT $1,788,306.53 Jul-03 GENE MATTER (619)527-3463 SAN BERNARDINO COUNTY SOUTHWEST HIGH DESERT OVERALY PROJECT $205,898.50 Jul-03 JOHN BURROWS (909)387-7920 CITY OF IRVINE FY 2002/2003 SLURRY SEAL& CAPE SEAL $825,765.00 Jul-03 RAUL GARCIA(949)724-7559 PROJECT CITY OF VILLA PARK SLURRY SEAL MAINTENANCE PROGRAM $223,445.30 Aug-03 KAMRAN SABER (714)973-2230 FY 2002-03 CITY OF R. SANTA MARGARITA SLURRY SEAL PROGRAM FOR ZONES 1 &2 $257,814.60 Aug-03 JACKI NIEMI (949)635-1800 REFERENCE LIST AGENCY/CONTACT PROJECT NAME DOLLAR AMOUNT DATE COMPLETED CITY OF DIAMOND BAR SLURRY SEAL AREA 5, PROJECT NO. 01403 $391,972.13 Aug-03 JOHN ILASIN (909)396-5671 TOWN OF APPLE VALLEY SLURRY SEAL 2003, PROJECT NO. 2003-04 $446.634.00 Sep-03 EVERETT BUTCHER (760)240-7000 CITY OF DELANO SLURRY SEAL OF VARIOUS STREETS $171,613.96 Oct-03 KIM DOMINGO (661)721-3380 CITY OF ONTARIO 2003/2004 SLURRY SEAL PROGRAM $1,929,866.00 Oct-03 GARY HARMS (909)395-2130 COUNTY OF SANTA BARBARA CONSTRUCTION OF 2003/2004 COUNTY WIDE Nov-03 GARY GAMBOA(805)681-5676 MEASURED' PREVENTIVE MAINTENANCE SLURRY SEAL COUNTY OF RIVERSIDE SLURRY SEAL AND CAPE SEAL PROJECTS AT $560,797.86 Dec-03 BIL JACKSON (909)955-6779 VARIOUS LOCATIONS FOR FISCAL YEAR 2003-04 CITY OF LA PUENTE "ZONE 3" (COMBINED 3 &4) SLURRY SEAL $203,940.20 Jan-04 JOE BOADA(626)855-1500 PROJECT CITY OF WHITTIER PAVEMENT SURFACE TREATMENT ON VARIOUS $733,955.00 Jan-04 ALFREDO HERNANDEZ STREETS IN THE CITY OF WHITTIER FY 2003-04 (562)464-3522 CITY PROJECT NO . 03- 15 The Special Provisions contained herein have been prepared by, or under the direct supervision of, the following Registered Civil Engineer: ig9s a,y u U l``s`,, 'fib+` S'77"7i Marcus L. Fuller ,+ ,rr �� Senior Engineer ti�/' Civil Engineer C 57271 Approved by: David J. Barakian, P.E. City Engineer Civil Engineer C 28931 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 1/22/04 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 II -- SPECIAL PROVISIONS Section 1 - Terms, Definitions, Abbreviations, and Symbols Section 2 - Scope and Control of Work Section 3 - Changes in Work Section 4 - Control of Materials Section 5 - Utilities Section 6 - Prosecution, Progress, and Acceptance of the Work 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 "A" LISTING OF STREETS STREET MAPS FOR SECTIONS 7 AND 14 C. P. S. STADARD DRAWINGS N0. 625 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 SPECIAL PROVISIONS 1122/04 GENERAL CONTENTS-PAGE 1 CITY OF PALM SPRINGS PUBLIC WORKS & ENGINEERING DEPARTMENT PART I - BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO. 03-15 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 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 PART 1 CONTENTS 1122/04 PAGE 1 CITY OF PALM SPRINGS NOTICE INVITING BIDS For constructing 2003/2004 Annual Slurry Seal City Project 03-15 N-1 NOTICE IS HEREBY GIVEN that sealed bids for the 2003/2004 Annual Slurry Seal will be received at the office of the Director of Procurement and Contracting of the City of Palm Springs, California, until 2 : 00 P.M. on February 17, 2004, at which time they will be opened and read aloud. N-2 DESCRIPTION OF THE WORK: The Work comprises the application of rubberized emulsion-aggregate slurry seal (REAS) or FLEX SEAL; and construction of Type II Slurry Seal on various City streets in Sections 7 and 14 (as listed in the Appendix) ; traffic striping; and all appurtenant work. N-3 AWARD OF CONTRACT: (a) The City reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a bid, or to make award to the lowest responsive, responsible bidder on the basis of the total sum of Bid Schedules A and B and reject all other bids, as it may best serve the interest of the City. Bidders shall bid on all Bid Schedules . (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 of the total sum of Bid Schedules A and B 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-12" OR "C-32" 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. 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 NOTICE INVITING BIDS 1/22104 PAGE 1 N-8 RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by the City, by depositing 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 $25. 00 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 Director of Procurement and Contracting 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 ) .,1? Z " 2004 By C� C David J. Barakian, PE Director of Public Works/ City Engineer 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 NOTICE INVITING BIDS 1/22/04 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. (e) Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground utilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in the Standard Specifications and Special Provisions. (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. 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 INSTRUCTIONS TO 1/22/04 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 areto 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. B. 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. 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 INSTRUCTIONS TO 1/22/04 BIDDERS- PAGE 2 11. QUANTITIES OF WORK - (a) The quantities of work or material stated in unit price items of the Bid are supplied only to give an indication of the general scope of the Work; the City does not expressly or by implication agree that the actual amount of work or material will correspond therewith. (b) In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit prices established for such work under the Contract Documents; provided, that on unit price contracts, increases of more than 25 percent, decreases of more than 25 percent, and eliminated items shall be adjusted as provided in 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 7 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. (b) For all contract Bids roposing sub-contractors: 2003/2004 ANNUAL SLURRPY SEAL CITY PROJECT NO.03-15 INSTRUCTIONS TO 1/22/04 BIDDERS-PAGE 3 (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 - 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 INSTRUCTIONS TO 1/22/04 BIDDERS-PAGE 4 CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING DEPARTMENT PART II -- SPECIAL PROVISIONS 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO. 03-15 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 2003/2004 ANNUAL SLURRY SEAL PART II -- SPECIAL PROVISIONS CITY PROJECT NO. 03-15 GENERAL CONTENTS -PAGE 1 1/22/04 CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING DEPARTMENT SPECIAL PROVISIONS 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO. 03-15 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. 2003/2004 ANNUAL SLURRY SEAL TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS CITY PROJECT NO. 03-15 SPECIAL PROVISIONS-SECTION 1 -PAGE 1 1/22/04 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 'iorganized 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. li 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 (January 21) 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) 2003/2004 ANNUAL SLURRY SEAL TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS CITY PROJECT NO. 03-15 SPECIAL PROVISIONS-SECTION 1 - PAGE 2 1/22/04 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 — 2003/2004 ANNUAL SLURRY SEAL TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS CITY PROJECT NO. 03-15 SPECIAL PROVISIONS -SECTION 1 -PAGE 3 1122/04 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. The work, if awarded to include Bid Schedules A and B, shall be diligently prosecuted to completion before the expiration of: 15 WORKING DAYS from the day specified in the Notice to Proceed issued by the City. In the event one or more Bid Schedules are not awarded and included in the Work, the Work shall be completed as indicated below, with the contract time being the sum of the allowable working days specified for each of the Bid Schedules awarded. The Work identified in Bid Schedule A shall be diligently prosecuted to completion before the expiration of: 5 WORKING DAYS from the date specified in the Notice to Proceed from the City. The Work identified in Bid Schedule B shall be diligently prosecuted to completion before the expiration of: 10 WORKING DAYS from the date specified in the Notice to Proceed from the City. 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. 2003/2004 ANNUAL SLURRY SEAL SCOPE AND CONTROL OF WORK CITY PROJECT NO. 03-15 SPECIAL PROVISIONS- SECTION 2- PAGE 1 1/22/04 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 actl 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 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 2003/2004 ANNUAL SLURRY SEAL SCOPE AND CONTROL OF WORK CITY PROJECT NO. 03-15 SPECIAL PROVISIONS- SECTION 2- PAGE 2 1/22/04 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: 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. The Engineer will maintain a survey location check on the monument without cost to the Contractor. The Contractor is advised that any resetting of monuments will be performed by the City' s survey crew. Should the Contractor anticipate the removal of any survey monuments, 2003/2004 ANNUAL SLURRY SEAL SCOPE AND CONTROL OF WORK CITY PROJECT NO. 03-15 SPECIAL PROVISIONS- SECTION 2- PAGE 3 1/22/04 it shall notify the Engineer prior to removal. The Contractor shall be financially responsible for reinstalling the existing monument well, and the City' s survey crew will reset the monument . 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 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 Ito 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, butlnot limited to, all other matters which could in any way affect the Work or the costs thereof. The failure of the Contractor to acquaint itself with all available information regarding any applicable existing or future conditions shall not relieve it from the responsibility for properly estimating either the difficulties, responsibilities, or costs of successfully performing the Work according to the Contract Documents . 2-10 FLOW AND ACCEPTANCE OF WATER Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, and has prepared 2003/2004 ANNUAL SLURRY SEAL SCOPE AND CONTROL OF WORK CITY PROJECT NO. 03-15 SPECIAL PROVISIONS -SECTION 2-PAGE 4 1/22104 its Bid accordingly; and the Contractor, by submitting such a Bid, assumes all said risk. 2.11 SUBMITTALS The following provisions shall replace Section 9-2 "Lump Sum Work" of the Standard Specifications: On lump sum items, the Contractor shall submit, for approval by the Engineer, a Schedule of Values, or lump sum price breakdown, which will serve as the basis for progress payments and shall be incorporated into a form of Application for Payment acceptable to the Engineer. Such Schedule of Values shall be submitted for approval at the Pre-construction Conference and must meet the approval of the Engineer before any payments can be made to the Contractor. - END OF SECTION - 2003/2004 ANNUAL SLURRY SEAL SCOPE AND CONTROL OF WORK CITY PROJECT NO. 03-15 SPECIAL PROVISIONS - SECTION 2- PAGE 5 1/22/04 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 2003/2004 ANNUAL SLURRY SEAL CHANGES IN WORK CITY PROJECT NO, 03-15 SPECIAL PROVISIONS-SECTION 3 - PAGE 1 1/22/04 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 Standajrd 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 'I the item. If the costs applicable to such item of work include fixed costs, such fixed costs shall be deemed to havelbeen 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, 0001at 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 be as agreed tolby the Contractor and the City; provided however, that in no case shall the 2003/2004 ANNUAL SLURRY SEAL CHANGES IN WORK CITY PROJECT NO. 03-15 SPECIAL PROVISIONS- SECTION 3 - PAGE 2 1/22/04 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 - 2003/2004 ANNUAL SLURRY SEAL CHANGES IN WORK CITY PROJECT NO. 03-15 SPECIAL PROVISIONS-SECTION 3 - PAGE 3 1/22/04 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 2003/2004 ANNUAL SLURRY SEAL CONTROL OF MATERIALS CITY PROJECT NO. 03-15 SPECIAL PROVISIONS- SECTION 4-PAGE 1 1/22/04 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 - 2003/2004 ANNUAL SLURRY SEAL CONTROL OF MATERIALS CITY PROJECT NO. 03-15 SPECIAL PROVISIONS -SECTION 4-PAGE 2 1/22/04 SECTION 5 -- UTILITIES 5-1 REMOVAL, RELOCATION, OR PROTECTION OF EXISTING UTILITIES (a) The following full text of Government Code Section 4215 shall replace the provisions of Section 5-5, subparagraph 4, of the Standard Specifications : "In accordance with the provisions of Section 4215 of the California Government Code, any contract to which a public agency as defined in Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids . The agency will compensate the Contractor for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. The Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the public agency or the owner of the utility to provide for removal or relocation of such utility facilities . Nothing herein shall be deemed to require the public agency to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve the public agency from identifying main or trunk lines in the plans and specifications . If the Contractor while performing the contract discovers utility facilities not identified by the public agency in the contract plans or specifications, he or she shall immediately notify the public agency and utility in writing. 2003/2004 ANNUAL SLURRY SEAL UTILITIES CITY PROJECT NO. 03-15 SPECIAL PROVISIONS- SECTION 5- PAGE 1 1/22/04 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 UTILITY LOCATION AND PROTECTION The Contractor shall be responsible for coordinating its work with all utility companies during the', construction of the Work. All water meters, water valves, fire hydrants, Southern California Edison vaults, General Telephone vaults, Southern California Gas Company valves, and other subsurface structures shall be protected by the Contractor as specified in the Special Provisions. END OF SECTION - 2003/2004 ANNUAL SLURRY SEAL UTILITIES CITY PROJECT NO. 03-15 SPECIAL PROVISIONS -SECTION 5- PAGE 2 1/22104 SECTION 6 -- PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 LIQUIDATED DAMAGES 6-1 . 1 Amount. - The amount of liquidated damages as specified in Section 6-9 of the Standard Specifications shall not apply, but shall be as stated in the Agreement. 6-2 TIMES OF OPERATION 6-2 .1 Hours of Operation. - It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following, other than between the hours of 7 : 00 a.m. to 3 : 30 p.m. , Monday through Friday, with no work allowed on City- observed holidays, unless otherwise approved by the Engineer: 1. Powered Vehicles 2 . Construction Equipment 3 . Loading and Unloading Vehicles 4 . Domestic Power Tools 6-3 NOTIFICATION The Contractor shall notify the City and the owners of all utilities and substructures not less than 2 working days prior to commencing the Work. The following list of names and telephone numbers is intended for the convenience of the Contractor only and is not guaranteed to be complete or correct: CITY OF PALM SPRINGS Pete Agres, Street Maintenance Manager (760) 323-8253 Sherman Ferguson, Streets Maintenance Supervisor (760) 323-8167 Dave Barakian, City Engineer (760) 323-8253 VERIZON Attention: Mr. Bill Morrow (760) 778-3627 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 UNDERGROUND SERVICE ALERT (800) 227-2600 PROSECUTION, PROGRESS, 2003/2004 ANNUAL SLURRY SEAL AND ACCEPTANCE OF THE WORK CITY PROJECT NO. 03-15 SPECIAL PROVISIONS- SECTION 6- PAGE 1 1/22104 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, 2003/2004 ANNUAL SLURRY SEAL AND ACCEPTANCE OF THE WORK CITY PROJECT NO. 03-15 SPECIAL PROVISIONS-SECTION 6 -PAGE 2 1/22/04 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 2003/2004 ANNUAL SLURRY SEAL RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 03-15 SPECIAL PROVISIONS- SECTION 7 - PAGE 1 1/22/04 request. The Contractor shall post a copy of such determination at each job site. The Contractor shall, as a penalty to the 'City, forfeit $50 . 00 for each calendar day, or portion thereof, 'for each worker paid 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 'ito 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 NoticeI, 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 Citylor 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 2003/2004 ANNUAL SLURRY SEAL RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 03-15 SPECIAL PROVISIONS -SECTION 7 - PAGE 2 1/22/04 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 Resolution of Construction Claims. - As required under Section 20104, et seq. , of the California Public Contract Code, any demand of $375, 000 or less, by the Contractor for a time extension, payment of money, or damages arising from the work done by or on behalf of the Contractor pursuant to this Contract, or payment of an amount which is disputed by the City, shall be processed in accordance with the provisions of said Section 20104, et seq. , relating to informal conferences, non- binding judicially-supervised mediation, and judicial arbitration. A single written claim shall be filed under this Article prior to the date of final payment for all demands resulting out of the Contract. Within 30 days of the receipt of the claim, the City may request additional documentation supporting the claim, or relating to defenses or claims the City may have against the Contractor. If the amount of the claim is less than $50, 000, the Contractor shall respond to the request for additional information within 15 days after receipt of the request . The Contractor shall respond to the request within 30 days of receipt, if the amount of the claim exceeds $50, 000, but is less than $375, 000. Unless further documentation is requested, the City shall respond to the claim within 45 days, if the amount of the claim is less than $50, 000, or within 60 days, if the amount of the claim is more than $50, 000, but less than $375, 000 . If further documentation is requested, the City shall respond within the same amount of time taken by the Contractor to respond, or 15 days, whichever is greater, after receipt of the information, if the claim is less than $50, 000 . If the claim is more than $50, 000, but less than $375, 000, and further documentation is requested by the City, the City shall respond within the same amount of time taken by the Contractor to respond, or 30 days, whichever is greater. If the Contractor disputes the City' s response, or the City fails to respond, the Contractor may demand an informal 2003/2004 ANNUAL SLURRY SEAL RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 03-16 SPECIAL PROVISIONS -SECTION 7 - PAGE 3 1/22/04 conference to meet and confer for settlement of the issues in dispute. The demand shall be served on thel City, within 15 days after the deadline of the City to respond, lor 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. 7-8 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 for her in connection with the public work. The payroll records, enumerated under paragraph one of this Section 7-8, 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 2003/2004 ANNUAL SLURRY SEAL RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 03-15 SPECIAL PROVISIONS -SECTION 7 -PAGE 4 1/22/04 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 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 2003/2004 ANNUAL SLURRY SEAL RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 03-15 SPECIAL PROVISIONS-SECTION 7- PAGE 5 1122/04 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 payments next following the date that a,11 the satisfactory payrolls for which the retention was made are submitted. 7-9 INSURANCE AMOUNTS The insurance provided by the CONTRACTOR he shall be (1) with companies licensed to do business) in the state of California, (2) with companies with a Best' s Financial Rating of VII or better, and (3) with companies with a Best ' s General Policy Policyholders Rating of not less than A, except that in case of Worker' s Compensation Insurance, participation in the State Fund, where applicable, is acceptable.! The limits of liability for insurance, as required by Section 7- 3 and 7-4 of the Standard Specifications, shall provide coverage for not less that the following amounts,, or greater where required by laws and regulations : 1. Workers ' Compensation: a) State: Statutory Amount Or minimum $1, 000, 000 b) Employer' s Liability: $1, 000, 000 2 . Comprehensive General Liability: a) Bodily Injury (Including completed operations and products liability and wrongful death) : $ 11000, 000 Each Occurrence $ 1, 000, 000 Annual Aggregate 2003/2004 ANNUAL SLURRY SEAL RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 03-16 SPECIAL PROVISIONS-SECTION 7 - PAGE 6 1/22/04 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) : $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 7-10 PERMITS 7-10 .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. 7-10.2 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. 7-11 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 2003/2004 ANNUAL SLURRY SEAL RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 03-15 SPECIAL PROVISIONS - SECTION 7- PAGE 7 1/22/04 Section 7-16 of these Special Provisionsl. 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 flrom the site as soon as they are no longer necessary; and upon completion of the work and before final inspection the entire worksite shall be cleared of equipment, unused materials, trash, rubbish and debris so as to present a satisfactory clean and neat appearance, as approved by the Engineer. All cleanup costs shall) be absorbed in the Contractor' s bid. Full compensation for all work required in this section shall be considered as included in the contract prices paid for the related items of work and no additional compensation will be allowed therefor. - END OF SECTION - 2003/2004 ANNUAL SLURRY SEAL RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 03-15 SPECIAL PROVISIONS- SECTION 7-PAGE 8 1/22/04 SECTION 8 -- FACILITIES FOR AGENCY PERSONNEL (BLANK) END OF SECTION - 2003/2004 ANNUAL SLURRY SEAL FACILITIES FOR AGENCY PERSONNEL CITY PROJECT NO. 03-15 SPECIAL PROVISIONS -SECTION 8 - PAGE 1 1/22/04 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. 2003/2004 ANNUAL SLURRY SEAL MEASUREMENT AND PAYMENT CITY PROJECT NO. 03-16 SPECIAL PROVISIONS -SECTION 9 -PAGE 1 1/22/04 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 ofi 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 considered as; included in the bid item(s) , and no additional payment will be made therefore. END OF SECTION - 2003/2004 ANNUAL SLURRY SEAL MEASUREMENT AND PAYMENT CITY PROJECT NO. 03-15 SPECIAL PROVISIONS -SECTION 9 -PAGE 2 1/22/04 SECTION 10 -- CONSTRUCTION DETAILS 10-1 GENERAL, 10-1.1 Dust Control And Site Cleanup Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the Contractor shall keep the work site clean and free from rubbish and debris. The Contractor shall be responsible for project site maintenance as per section 7-8 of the Standard Specifications. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods . Materials and equipment shall be removed from the site as soon as they are no longer necessary; and upon completion of the work and before final inspection the entire worksite shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance . All cleanup costs shall be absorbed in the Contractor' s bid. Payment for dust control and site clean up shall be considered as included in the various bid items of work, and no additional payment will be made therefore. 10-1 .2 Flow and Acceptance Of Water - It is anticipated that storm, surface or other waters will be encountered at various times during the work herein contemplated. The Contractor, by submitting a bid, acknowledges that it has investigated the risk arising from such waters and has prepared its bid accordingly, and that the Contractor in submitting a bid assumes all said risk. 10-1.3 Delivery and Storage - All materials shall be delivered to the site in an undamaged condition. The materials shall be protected against damage and stored in a location approved by the Engineer. Defective or damaged materials shall be replaced by the Contractor at no expense to the City. 10-1.4 Trial Application - The contractor shall place a test strip of each type of slurry of 60 square yards in the designated area. The test section shall be placed using the same equipment and methods as will be used on the job. Slurry mixture placed in the test strip shall conform to job mix with minor variations to obtain crack fillings, bond to pavement, and desired skid resistant texture. In the event that the materials do not meet the requirements for fluidity, non-segregation, or surface texture, a new job mix shall be formulated and tested at the Contractor ' s 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 CONSTRUCTION DETAILS 1/22/04 SPECIAL PROVISIONS-SECTION 10-PAGE 1 expense. Work shall not proceed before approval of design mix and acceptance by the Engineer following the placing of a test strip. 10-2 TRAFFIC CONTROL 10-2.1 Maintaining Traffic. - Attent;ion 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 . I The Contractor shall maintain all traffic control devices in proper working condition 24 hours a day, 7 days a week for the duration of the Work, regardless of whether the subject traffic' control devices were originally included in the Contract crl were added at the discretion of the Engineer. All traffic coi ntrol 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 on each side of the street and at shorter intervals if conditions warrant. The Contractor shall, provide the signs and will be responsible for adding the dates and hours of closure to the signs . Removal of signs and furnishing and placing of 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 148 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. ', 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 CONSTRUCTION DETAILS 1/22/04 SPECIAL PROVISIONS-SECTION 10- PAGE 2 10-2. 6 Travel Lanes. - In public streets with four lanes of traffic, during working hours the Contractor shall maintain not less than one lane of traffic open in each direction at all times . In public streets with two lanes of traffic, during working hours, the Contractor shall be allowed to close the public street, provided appropriate detour and traffic control is established as approved by the City Engineer, and advance notice of the street closure and detour is posted as required by the City Engineer. 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 two 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. 7 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. Payment for traffic control shall be considered as included in the various bid items of work, and no additional compensation will be allowed therefore. 10-3 TYPE II SLURRY SEAL 10-3.1 Description - The slurry seal work shall consist of the application of Type II Slurry Seal, in accordance with the requirements of Subsection 203-5 and 302 . 4 of the Standard Specifications and as specified herein. The Contractor shall submit to the Engineer at the Pre-Construction Conference a mix design in accordance with Section 203-5 . 4 of the Standard Specifications. 10-3 .2 Material - The mineral aggregate shall be 100 percent crushed rock of angular shape, sound, durable, hard, resistant to abrasion, and free from lamination, weak cleavages, and undesirable weathering. The material shall be such that it will not disintegrate from the action of air, water, or other conditions to be met in handling and placing and shall have a specific gravity of not less than 2 . 60 . All materials shall be clean and free from deleterious impurities, including alkali, earth, clay, and refuse. The grading of aggregate shall conform to the gradations specified in Table 203-5 . 3 (A) of the Standard Specifications for Type II. Care should be exercised to prevent segregation of aggregate in storage and handling. If segregation occurs, the material shall be 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 CONSTRUCTION DETAILS 1/22/04 SPECIAL PROVISIONS- SECTION 10-PAGE 3 worked prior to mixing in a manner that will minimize segregation. Emulsified asphalt shall be cationic type, Grade CQS-1h conforming to the requirements of Section 203-3 . 1 and 203-5.2 of the Standard Specifications . Latex shall be added to the emulsified asphalt . Latex shall be Ultrapave 65VC as manufactured by Textile Rubber and Chemical Co. , Richwood, Washington, (800) 887-7718 or approval equal. Latex shall be added to the emulsified asphalt at'� the plant at the rate of 2 1/2 parts latex to 100 parts emulsified asphalt by volume. Latex mixed in the emulsified asphalt small be kept in the suspended state by agitating mixer every 3 days. 10-3.3 Equipment - The equipment used in the performance of the work shall be subject to approval of the (Engineer and shall be maintained in satisfactory working condition at all times. Descriptive information about the slurry', mixing and applying equipment to be used shall be submitted ' to the Engineer for approval at the Pre-Construction Conference.' 10-3.3A Mixer - The slurry mixing machinel shall be a continuous flow mixing unit and be capable of delivering accurately a predetermined proportion of aggregate, water, and emulsified asphalt to the mixing chamber and to discharge the thoroughly mixed product on a continuous basis . The aggregate shall be pre- wetted immediately prior to mixing with the emulsified asphalt . The mixing unit of the mixing chamber '(shall be capable of thoroughly blending all ingredients together. The mixing machine shall be equipped with an approved fines feeder that provides a method to accurately introduce a predetermined proportion of mineral filler at the same time and location, that the aggregate is fed into the mixer. The fines feeder shall be used whenever added mineral filler is a part of the aggregate blend. The mixing machine shall be equipped with a water pressure system and fog type spraybar adequate for complete fogging! of the surface ahead of the spreading equipment with an application of 0 . 05 to 0. 10 gallon per square yard. Sufficient machine storage capacity to mix properly and apply a minimum of 12 tons of the slurry shall be provided. Proportioning devices shall be calibrated prior to placing slurry seal. 10-3.3B Self-contained Slurry Machine - ',The machine shall be capable of rapid discharge of the mixed materials into a spreader having suitable controls to allow adjustment for variations in pavement grades and slope. The spreader shall be similar to the spreader box as herein before specified. Th'e spreader box may be either an integral part of a self-contained slurry machine or a separate towed unit. The self-contained slurry unit shall be mounted on a truck or other vehicle capable of producing evenly 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 CONSTRUCTION DETAILS 1122104 SPECIAL PROVISIONS -SECTION 10- PAGE 4 controlled low rates of speed throughout the operation so that the slurry is spread evenly and all cracks are filled. 10-3 .3C Slurry Spreading Equipment - Attached to the mixer machine shall be a mechanical type squeegee distributor equipped with flexible material in contact with the surface to prevent loss of slurry from the distributor. It shall be maintained to prevent loss of slurry on varying grades and crown by adjustments to assure uniform spread. There shall be a lateral control device and a flexible strike-off. The box shall be kept clean and the build-up of asphalt and aggregate on the box shall not be permitted. The use and condition of burlap drags or other drags shall be approved by the Engineer. 10-3.3D Cleaning Equipment - Power brooms, power blowers, air compressors, water flushing equipment (prior to slurry only) , and hand brooms shall be suitable for cleaning the surface and cracks of the old surface. 10-3 .4 Hand Tools - Hand squeegees, shovels, hand burlap drags and other equipment shall be provided as necessary to perform the work. 10-3.5 Placing - Type II Slurry shall be placed on the public streets listed in the appendix, and as directed by the Engineer. The cured slurry shall have a uniform appearance, fill all cracks, adhere firmly to the surface and have a skid-resistant surface. No application of slurry seal shall occur until all deep patching, skin patching, crack sealing, or other preliminary pavement repairs have been completed by the City. The surface shall be thoroughly cleaned and swept prior to the application of slurry seal. The application of slurry shall be scheduled to commence after 7:00 A.M. and shall be completed by 2 : 00 P.M. No slurry shall be applied when the weather forecast indicates a probability of rainfall or when the air or pavement temperature is lower than 60 degrees F. The slurry seal shall be applied only when the existing surface is clean and free of visible moisture. The slurry seal shall be properly proportioned, mixed, and spread evenly on the surface as specified in the Standard Specifications and these Special Provisions, and as directed. The cured slurry shall have a homogeneous appearance, it shall fill all surface voids and penetrate cracks, shall adhere firmly to the surface and shall have a skid-resistant texture. The slurry mixture shall be of the designated consistency when deposited on the surface and no additional elements shall be added. Total mixing time shall not exceed 4 minutes . A sufficient 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 CONSTRUCTION DETAILS 1/22104 SPECIAL PROVISIONS- SECTION 10- PAGE 5 amount of slurry shall be carried in all paints of the spreader at all times so that a complete coverage is obtained. No rippling, lumping, balling or unmixed aggregate shall be permitted, nor shall segregation of the emulsion and aggregate fines from the course aggregate. If the course aggregate settles to the bottom of the mix, the slurry shall be removed from the pavement. 10-3. 6 Rate Of Application - The rate of application for Type II Slurry for each pass shall average 15 pounds per square yard; provided, that it shall be applied at the rate of not less than 13 pounds nor more than 17 pounds per square yard. 10-3.7 Joints - No excessive build-up causing unsightly appearance shall be permitted on longitudinal or transverse joints. Unless otherwise approved, the overlap at the joints shall not exceed 2 inches and shall be feathered'; excessive unapproved overlaps will not be paid for. Joints between asphalt pavement and portland concrete pavement and/or concrete gutters shall be completely and neatly sealed without excessive slop-over onto the concrete; any unsightly and objectionable excess shall be immediately removed. At street intersections and at the beginning and end of work segments, the slurry shall be neatly spread or trimmed to a straight line defined by the near curb lines of the street adjacent to the work. Approved squeelgees or lutes shall be used to spread slurry in areas inaccessible to the machine. Care shall be exercised to insure the maximum rate of application with no excess and leaving no unsightly appearance. Texture of slurry spread by hand shall match that which was applied by machine. Contractor shall be responsible for the removal of all excess emulsion spread beyond slurry limits, on !driveways, sidewalks, etc. 10-3.8 Smoothness - The finished surface of', the slurry seal shall be at least as smooth as the original pavement surface. Any corrugations on the surface creating vibrations noticeable by passengers in an automobile driving over the' slurry sealed surface at legal speeds will result in rejection' of the slurry seal construction. 10-3. 9 Cleanup - During performance and upon completion of work on this project, the Contractor shall remove all unused equipment and instruments of service, all excess or unsuitable material, and all trash, rubbish, and debris and shall legally dispose of all such items. The Contractor shall leave entire area in a neat, clean and acceptable condition as approved by Engineer. The cost for this work shall be included in the prices for all bid items in the Bid Schedule and no additional payment will be made therefor. 10-3.10 Removal and Resealing - Any slurrylseal application that has been rejected shall be removed by cold planing to the original 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 CONSTRUCTION DETAILS 1/22104 SPECIAL PROVISIONS- SECTION 10- PAGE 6 pavement. A new slurry seal application shall then be placed on the pavement. Any placement of slurry seal that has been rejected shall be removed and replaced at the Contractor' s expense. 10-3.11 Protection of Uncured Slurry - The Contractor shall provide such flaggers and barricades as may be required to protect the uncured slurry from vehicular traffic. All damages to the uncured slurry shall be the responsibility of the Contractor. 10-3.12 Measurement and Payment - Payment for Type II slurry seal shall be made at the contract unit price per square foot in the Bid Schedule, and shall be based on in-place field measurements. The contract unit price includes full compensation for all slurry seal and appurtenant work, including all labor, equipment, and materials, pavement cleaning, posting of notices, masking and cleaning pavement markers and utility covers, removal and replacement of reflective, raised pavement markers and traffic markings, and all other incidental work. 10-4 RUBBERIZED EMULSION - AGGREGATE SLURRY SEAL (REAS) 10-4.1 Description: The work shall consist of formulating a mix design, cleaning pavement surfaces, mixing and applying a crumb rubber asphalt slurry-seal surface treatment, and protecting the completed slurry seal until set. The Work shall be in accordance with the requirements of subsection 600-3 of the Standard Specifications for Public Works Construction and as may be modified, added or amended herein. The Contractor shall submit to the Engineer at the Pre-Construction Conference a mix design in accordance with section 600-3. 2 . 8 and 203-5 . 4 of the Standard Specifications . The cured slurry shall have a uniform appearance, fill all cracks, adhere firmly to the surface and have a skid-resistant surface. 10-4.2 Materials. Rubberized Emulsion-Aggregate Slurry (REAS) shall consist of Rubberized Polymer Modified Emulsion (RPME) and aggregate. Materials for REAS shall conform to the following, immediately prior to mixing. 10-4.2 .1 Rubberized Polymer Emulsion. RPME shall be a quick set type of emulsion, and shall contain asphalt, polymer modifier and crumb rubber. 10-4.2 .2 Polymer Modifier. Polymer Modifier shall be latex which is added at a minimum of two percent by weight of the RPME. 10-4.2 .3 Crumb Rubber. The material shall be granulated scrap tire rubber free from fabric wires and other contaminants . Rubber 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 CONSTRUCTION DETAILS 1122/04 SPECIAL PROVISIONS- SECTION 10- PAGE 7 shall be dry and free flowing. Calcium carbonate or talc may be added to a maximum of four percent by weight of rubber to prevent rubber particles from sticking together. The rubber shall have a specific gravity between 1. 15 and 1 . 20 . 1000 of the rubberized material shall pass a #16 sieve, 95% shall pass a #20 sieve, and a maximum of 2 percent shall pass a #200 'sieve. The RPME shall contain between 0 . 55 lbs/gal. and 0. 65 lbs/gal. of crumb rubber. 10-4.2 .4 Quality Requirements. Manufacturers shall certify that materials meet the requirements specified Ion table 600-3 .2 . 4 (A) 600-3 . 2 . 4 (B) of the Standard Specifications and on table 600- 3. 2 . 4 (C) for Type II Slurry Aggregate (as shown herein) . TABLE 600-3. 2 . 4 (C) COMPOSITION OF REAS RPME % of Residual RPME % Kg; of Dry pounds of Dry Dry OF Dry Aggregate Aggregate Type Aggregate per Aggregate Aggregate per L of Weight Weight RPME Gallon of RPME Fine Slurry Aggregate 60 - 80 30 - 40 1.27 - 1.70 10.6 - 14.2 Type I Slurry 50 - 75 25 - 38 1.35 - 2.0 11.3 - 17.0 Aggregate Type 11 Slurry Aggregate 2.8 - 35 14 - 18' - - - .2.-9;0 - 3. 6 24 - 30 10-4.2 .5 Aggregate. The aggregate shall ( consist of sound and durable natural or manufactured sand, crushed stone or crushed stone and rock dust, of a combination thereof, free of deleterious amounts of organic material, mica, and ,other substances not suitable for the purpose. Smooth-textured stand of less than 1 . 25 percent water absorption, as tested by ASTWC128, shall not exceed 50 percent of the total combined aggregate. ' Aggregate retained on the #50 sieve shall be 100% crushed. The combined aggregate shall meet the requirements of Table 203 . 5 . 2 (B) prior to any chemical additions ', and shall conform to the gradation shown on Table 600-3 . 2 . 5 (A) 11 for Type II Slurry Aggregate (as shown herein) , when tested in accordance with A'STM C136. TABLE 600-3. 2 . 5 (A) GRADATION OF AGGREGATES FINE SLURRY TYPE I SLURRY TYPE II SLURRY SIEVE SIZE AGGREGATE AGGREGATE AGGREGATE ', % BY WEIGHT PASSING SIEVES 9.5 mm (3/8") 100 100 100 , 4.75 mm (No. 4) 100 100 90-100 2.36 mm (No. 8) 95-100 90-100! ' ' 65-90 1.1B mm (No. 16) 75-92 65-90 ,', 45-70 600 pm (No. 30) 50-75 40-60 3Q-50 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 CONSTRUCTION DETAILS 1/22/04 SPECIAL PROVISIONS -SECTION 10-PAGE 8 300 Pm (No. 50) 35-50 25-42 --�, I8-36 150 Nm (No. 100) 15-30 15-30 1Q-24 75 Pm (No. 200) 1 10-20 10-20 10-4 .3 Slurry Mixing and Spreading Equipment. The REAS shall be mixed and spread in accordance with the provisions of subsection 600-3 . 3 of the Standard Specifications . 10-4.3.1 Application of REAS. The application of REAS shall be in accordance with the provisions of subsection 600-3 . 4 of the Standard Specifications and application rates for Type II slurry Aggregate as shown on Table 600-3 . 4 (A) herein. TABLE 600-3 . 4 (A) RPME APPLICATION RATES Application Rate m /L Application Rate Aggregate Type of RPME ft2/gallon of RPME Pine Slurry Aggregate .86 - .98 35 - 40 Type I Slurry Aggregate .74 - .86 30 - 35 .Type IT Slurry Aggregate 9' - -.7'8 _ � 24 $2 . - 10-4.4 Cleaning Equipment - Power brooms, power blowers, air compressors, water flushing equipment (prior to slurry only) , and hand brooms shall be suitable for cleaning the surface and cracks of the old surface. 10-4.5 Hand Tools - Hand squeegees, shovels, hand burlap drags and other equipment shall be provided as necessary to perform the work. 10-4. 6 Joints - No excessive build-up causing unsightly appearance shall be permitted on longitudinal or transverse joints . Unless otherwise approved, the overlap at the joints shall not exceed 2 inches and shall be feathered; excessive unapproved overlaps will not be paid for. Joints between asphalt pavement and portland concrete pavement and/or concrete gutters shall be completely and neatly sealed without excessive slop-over onto the concrete; any unsightly and objectionable excess shall be immediately removed. At street intersections and at the beginning and end of work segments, the slurry shall be neatly spread or trimmed to a straight line defined by the near curb lines of the street adjacent to the work. Approved squeegees or lutes shall be used to spread slurry in areas inaccessible to the machine. Care shall be exercised to insure the maximum rate of application with no excess and leaving no unsightly appearance. Texture of slurry spread by hand shall match that which was applied by machine. Contractor shall be responsible for the removal of all excess 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 CONSTRUCTION DETAILS 1/22/04 SPECIAL PROVISIONS- SECTION 10- PAGE 9 emulsion spread beyond slurry limits, on , driveways, sidewalks, etc. 10-4.7 Smoothness - The finished surface of the slurry seal shall be at least as smooth as the original pavement surface. Any corrugations on the surface creating vibrations noticeable by passengers in an automobile driving over the slurry sealed surface at legal speeds will result in rejection of the slurry seal construction. 10-4. 8 Cleanup - During performance and upon completion of work on this project, the Contractor shall remove all unused equipment and instruments of service, all excess or unsuitable material, and all trash, rubbish, and debris and shall legally dispose of all such items . The Contractor shall leave entire area in a neat, clean and acceptable condition as approved by Engineer. The cost for this work shall be included in the prices for all bid items in the Bid Schedule and no additional payment Will be made therefor. 10-4. 9 Removal and Resealing - Any slurry! seal application that has been rejected shall be removed by cold planing to the original pavement. A new slurry seal application shall then be placed on the pavement . Any placement of slurry seal 'that has been rejected shall be removed and replaced at the Contractor' s expense. 10-4.10 Protection of Uncured Slurry - ! The Contractor shall provide such flaggers and barricades as may be required to protect the uncured slurry from vehicular traffic.', All damages to the uncured slurry shall be the responsibility of the Contractor. 10-4. 11 Measurement and Payment - Payment for Rubberized Emulsion-Aggregate Slurry Seal shall be made at the contract unit price per square foot in the Bid Schedule, 'land shall be based on in-place field measurements. The contract unit price includes full compensation for all slurry seal alnd appurtenant work, including all labor, equipment, and materials, pavement cleaning, posting of notices, masking and cleaning !pavement markers and utility covers, removal and replacement of reflective, raised pavement markers and traffic markings, and', all other incidental work. 10-5 MISCELLANEOUS APPURTENANT WORK 10-5.1 Utility Covers - Immediately prior to applying the slurry seal, all utility covers shall be protected with butcher paper and a thin layer 30-mesh sand or by alternative means approved by Engineer. 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO. 03-15 CONSTRUCTION DETAILS 1/22/04 SPECIAL PROVISIONS-SECTION 10-PAGE 10 10-5.2 Protection of Raised Pavement Markers - For raised pavement markers which are to remain, the contractor shall mask off pavement markers or wash the slurry from all pavement markers immediately after application of the slurry with water in a motorized pressured spray rig or by other means approved by the Engineer for cleaning the entire surface of each raised pavement marker, and shall leave no residue from the slurry on raised pavement markers . This operation shall be paid for under the unit price bid for the Construction of Type II or rubberized emulsion aggregate slurry seal, and no additional compensation will be made therefore. Any raised pavement markers damaged by the Contractor' s operation shall be replaced in kind to the satisfaction of the City Engineer at no additional cost to the City. 10-6 PAVEMENT MARKINGS AND RAISED PAVEMENT MARKERS 10-6.1 General - For public streets, all existing thermoplastic striping or markings in areas to be slurried shall be removed by the Contractor. The Contractor shall replace all markings on City streets with thermoplastic markings, and all traffic striping shall be replaced as follows : For all streets with existing traffic striping, either with paint or thermoplastic, the contractor shall replace the striping with the corresponding raised pavement marker detail in accordance with Caltrans Standard Plans . For all streets with raised pavement marker striping, the non- reflective markers shall be protected in place and washed after slurry in accordance with Section 10-5 . 2 "Protection of Raised Pavement Markers" . Any gaps in the striping due to missing or damaged markers shall be filled in with new markers . Missing markers shall be installed at no additional expense to the City. For all streets, all existing reflective markers shall be removed and, after slurry application, replaced in like kind with new reflective markers . New blue markers shall be installed at fire hydrant locations whether or not blue markers existed prior to slurry. Missing blue markers shall be installed at no additional expense to the City. 10-6.2 Pavement Markings - Pavement markings shall conform to the provisions in Section 210-1 . 6. 1 "General", 210-1. 6. 2 "Thermoplastic Paint, State Specifications" and 210-1 . 6. 3 "Rapid Dry White, Yellow, or Black Traffic Line Paint" of the Standard Specifications and these Special Provisions . Whenever the Contractor' s operations obliterate pavement delineation (lane lines, either pavement markers or painted lines or both) , such pavement delineation shall be replaced by 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 CONSTRUCTION DETAILS 1/22/04 SPECIAL PROVISIONS - SECTION 10-PAGE 11 Contractor before completion of project., Either permanent or temporary delineation shall be installed , by Contractor before opening the traveled way to public traffic. i Temporary delineation shall consist of reflective raised pavement markers (Type 'IT IT which shall be applied in accordance wi'Ith the manufacturer' s printed instructions . Temporary delineation shall be the same color as the permanent delineation. Full compensation for temporary delineation shall be included in the prices paid for the contract items of work that obliterated the existing delineation and no separate payment will be made therefor. Traffic striping and pavement markings maylbe installed at night after 8 : 00 p.m. or in the early morning before 6: 00 a.m. with the prior approval of the Engineer. Payment for installing pavement markings and markers at night shall be included in the unit price bid for the Construction of Type II or; rubberized emulsion aggregate slurry seal, and no additional compensation will be made therefore. The Contractor shall use Caltrans metric stencils for all legends and arrows on this project, conforming to '! the latest Bureau of Public Roads standards. The Contractor shall contact the Engineer,l, 72 hours before any legends are painted on city streets to ensure that the patterns the Contractor is using match the patterns, used by the City of Palm Springs. No other pattern will be allowed except patterns that match patterns used by the City of Palm, Springs. 10-6.3 Removal of Traffic Stripes and Pavement Markings - All thermoplastic traffic stripes and pavement, markings within the areas to be slurry sealed shall be removed as indicated above. Where thermoplastic striping or markings 'exist, they shall be removed by grinding or sandblasting. Where such removal operation is being performed within 10 feet of a lane occupied by public traffic, the residue including dust shall be removed immediately after contact between the erasing machine and the surface being treated. Such removal shall be by sweeping ',concurrently with the erasing operation. Nothing in these Special Provisions shall relieve the Contractor from its responsibilities as provided in Section 7-10, "Public Convenience and Safety, " of the Standard Specifications. Payment for removing existing traffic stripes and pavement markings shall be included in the unite, price bid for the Construction of Type II or rubberized emulsion aggregate slurry seal, and no additional compensation will be ,made therefore. 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 CONSTRUCTION DETAILS 1/22/04 SPECIAL PROVISIONS- SECTION 10- PAGE 12 10-6.4 Applying Pavement Markings - Traffic legends shall be applied in accordance with section 310-5. 6 of the Standard Specifications . 10-6.5 Measurement and Payment - The contract prices paid per square foot for Type II or rubberized emulsion aggregate slurry seal shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in applying traffic striping and pavement markings, including any necessary rabbit tracks, dribble lines and layout work, complete in place, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefore. 10-6. 6 Pavement Markers - Pavement markers shall conform to the provisions in Section 214, "Pavement Markers, " and shall be removed and placed in accordance with Section 312, "Pavement Marker Placement and Removal, " of the Standard Specifications and these Special Provisions . Epoxy adhesive per section 214-6 of the Standard Specifications shall be used for installation of all raised pavement markers . All existing reflective pavement markers shall be replaced, and new markers of either reflective or non-reflective type installed as necessary to meet the appropriate Caltrans standards for the roads within the project. All lane lines and centerlines delineated within the project, including those streets currently delineated with paint or thermoplastic, will be delineated with pavement markers and not with paint or thermoplastic. All channelizers removed by the Contractor' s operations shall be replaced in like kind, at its expense. Existing non-reflective pavement markers shall be washed in accordance with section 10-4 . 2 "Protection of raised pavement markers" of these special provisions . The Contractor shall install all raised pavement markers and reflectors, not less than 14 days after completion of slurry seal as the job proceeds along, and shall rabbit track the proposed project as the job proceeds before completion of work each day, and not at total completion of slurry seal . The Contractor shall establish all traffic striping by string line and rabbit tracking to provide markings that will vary less than 1/2-inch in 50 feet from the specified alignment . All additional work necessary to establish satisfactory lines for markers shall be performed by the Contractor. 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 CONSTRUCTION DETAILS 1/22/04 SPECIAL PROVISIONS -SECTION 10-PAGE 13 10-6.7 Blue Hydrant Markers - Blue hydrant markers shall be "Bright Dot" round thermoset polymer ( pavement markers as manufactured by Clama Products, or approvedlequal. Blue hydrant markers shall be installed 6 inches from the centerline of the street and on a line perpendicular to each fire hydrant. When the fire hydrant is at an, intersection, 2 blue markers shall be installed. Each shall be placed 6 inches from the centerline of the half-street closest to the fire hydrant and on a line perpendicular to the fire hydrant . 10-6.8 Payment - Payment for pavement', markings and raised pavement markers shall be considered as included in the unit price bid for the construction of Type II or, rubberized emulsion aggregate slurry seal, and no additional compensation will be made therefore. END OF SECTION 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 CONSTRUCTION DETAILS 1/22/04 SPECIAL PROVISIONS-SECTION 10-PAGE 14 CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING DEPARTMENT PART III - APPENDIX 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO. 03-15 LISTING OF STREETS. STREET MAPS FOR SECTIONS 7 AND 14. C.P.S. STANDARD DRAWINGS NO. 625. CALTRANS STANDARD PLANS NO. A20A AND A2013. 2003/2004 ANNUAL SLURRY SEAL CITY PROJECT NO.03-15 CONTENTS 1/22/04 PART III CITY PROJECT 03-15 ANNUAL SLURRY SEAL PROJECT SECTION 7 STREET LISTING SEGMENT ID DESCRIPTION FROM TO FT2 * 745075 VISTA CHINO GENE AUTRY TR 1262'E GENE AUT 79,506 * 745085 VISTA CHINO 1262'E GENE AUT 3995'E GENE AUT 173,529 253,035 Indicates these street segments shall receive installation of rubberized emulsion aggregate slurry seal(REAS)or FLEX SEAL. f� J�JI�N VISTA CAMO CA 4 nolo l N Y S i �fT'• TNCHEVM AVC ••••r '; I � i I Y a i CITY PROJECT 03-15 ANNUAL SLURRY SEAL PROJECT SECTION 14 STREET LISTING SEGMENT ID DESCRIPTION FROM TO FT 1444005 SUNRISE WY RAMON RD ALEJO RD 340,560 * 1444015 ALEJO RD INDIAN CANYON D VIA MIRALESTE 42,813 1444020 ALEJO RD VIA MIRALESTE CALLE ALVARADO 33,858 * 1444025 ALEJO RD CALLE ALVARADO AVENIDA CABALLEROS 28,044 * 1444030 ALEJO RD AVENIDA CABALLE HERMOSA DR 67,896 * 1444035 ALEJO RD HERMOSA DR SUNRISE WY 77,166 * 1444040 AVENIDA CABALLEROS RAMON RD TAHQUITZ CANYON 147,600 1444045 AVENIDA CABALLEROS TAHQUITZ CANYON ALEJO RD 151,740 1444050 AMADO RD INDIAN CANYON D CALLE ENCILIA 29,466 1444055 AMADO RD CALLE EL SEGUNDO CALLE ALVARADO 38,400 1444060 AMADO RD CALLE ALVARADO AVENIDA CABALLEROS 42,237 1444065 AMADO RD AVENIDA CABALLE HERMOSA DR 61,299 1444070 AMADO RD HERMOSA DR 980'E HERMOSA D 46,062 1444075 AMADO RD 980'E HERMOSA D SUNRISE WY 17,568 1444080 BARISTO RD AVENIDA CABALLE HERMOSA DR 60,534 1444085 BARISTO RD HERMOSA DR SUNRISE WY 75,780 1444090 CALLE EL SEGUNDO RAMON RD SATURNINO RD 45,279 1444095 CALLE EL SEGUNDO SATURNINO RD TAHQUITZ CANYON 98,055 1444100 CALLE EL SEGUNDO(east 1/2) AMADO RD 670' N. OF AMADO 19,000 1444105 CALLE EL SEGUNDO 670' N. OF AMADO ALEJO RD 38,000 1444110 CALLE ENCILIA(see note) ALEJO RD AMADO RD 12,000 1444115 CALLE ENCILIA ANDREAS RD TAHQUITZ CANYON 39,330 1444120 CALLE ENCILIA TAHQUITZ CANYON ARENAS RD 37,197 1444135 HERMOSA DR RAMON RD N END 21,456 1444140 CALLE ROLPH ALEJO RD S END 22,320 1444145 HERMOSA DR ALEJO RD AMADO RD 34,200 1444150 HERMOSA DR AMADO RD TAHQUITZ CANYON 28,620 1444155 HERMOSA DR TAHQUITZ CANYON ARENAS RD 13,131 1444165 ARENAS RD AVENIDA CABALLE CALLE EL SEGUND 74,313 1444170 ARENAS RD CALLE EL SEGUND CALLE ENCILIA 20,403 1444175 ARENAS RD CALLE ENCILIA INDIAN CANYON D 29,772 1444190 ANDREAS RD(north 1/2) CALLE EL SEGUND CALLE ALVARADO 17,500 1444200 CALLE ALVARADO AMADO RD ALEJO RD 23,328 1444205 CALLE SANTA ROSA ALEJO RD S END 9,900 1444210 ANDREAS RD SUNRISE WY HERMOSA DR 49,500 1444215 ARENAS RD SUNRISE WY W END 10,494 1444220 SATURNINO RD AVENIDA CABALLE CALLE EL SUGUND 61,056 1444225 SATURNINO RD CALLE EL SUGUND CALLE ENCILIA 18,540 1444230 SATURNINO RD CALLE ENCILIA INDIAN CANYON D 17,946 1444235 CALLE ALVARADO ARENAS RD TAHQUITZ CANYON 17,928 1444240 ARENAS RD HERMOSA DR AVENIDA CABALLEROS 39,432 2,059,723 Indicates these street segments shall receive installation of rubberized emulsion aggregate slurry seal(REAS)or FLEX SEAL. Note. For Calle Encilia, between Alejo Road and Amado Road,the portions of street to receive a Type II slurry seal are only those portions of older asphalt concrete pavement, and not newly construct ashpalt pavement overlays. ALEdO ROAD s MEFFH T L ' ENT g � � >< MIVATE l Y MIVEVAY� z N Z �I i <MNELO CMM16 � p GLIAVC 0 A VIA)4 eu Q w LA HANCHh J J m A II U II —j A-MADD ROAD 0 CONVENTION i CENTER = AND)AS )0A 0 '^� R • R•' W 2 - W � 7 �7 ' � Y W TAHOUIrZ ' WAY - I u U, WARENA P.S. TENNIS ARENAS I Eiiiiiiiiiiiii:::::::::i:::: SARISTO E.LRIST) RO. ................ PARK T TIEIAMV GIN.• rlffANY iY p . llM,p �ii z pp < ..y« TRlRMEL �— ` �E` r a e SpVME NV. �>� \ ■� o � I Y W W i � 3 = > � j k OIIVIWYE i T1K i � �� o u M.1•�. g LN II ! At E. >VLLLAGE SOUAHE 50. ' ' RAMON ROAD i I I 1 NO. REVISIONS APPROVED DATE STOP BAR LOCATED AT MIDDLE OF CURB RAMP SIDE SLOPE w NEAREST THE B.C.R. I 8' I 12 CURB RAMP SEE DWG. 212 BCR FACE OF CURB STREET CENTERLINE 4' � ° 8' 2 NON - RAMPED FACE OF CURB STREET CENTERLINE NOTE: ALL STENCILS TO BE CALTRANS METRIC: - THROUGH ARROWS TYPE I - LEFT/RIGHT ARROWS TYPE IV - DROP ARROWS TYPE VI CITY OF PALM SPRINGS APPROVED: DATE PUBLIC WORKS & ENGINEERING DEPARTMENT 28931 CITY ENGINEER R.C.E. STOP BAR AND LEGEND DETAIL DRAWN BY: G.F.F. FILE NO. STANDARDS CHECKED BY: M.LF. DWG. NO. 625 AMERIASPS ACORD,M CERTIFICATE OF INSURANCE 03/05/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Allied North America ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 39300 C1V1C Center Dr. Ste 390 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fremont, CA 94538 COMPANIES AFFORDING COVERAGE Phone : (510) 578-2000 COMPANY License No . OC38887 AVirginia Surety Company INSURED COMPANY American Asphalt South, Inc . BNat ' l Union Fire Ins Cc of Pitts, Pa 14436 Santa Ana Avenue �- -- COMPANY Fontana, CA 92337 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY_PAID CLAIMS POLICY EFFECTIVE POLICY EXPIRATION COTYPE OF INSURANCE POLICY NUMBER LIMITS LTR _ DATE(MMIDDIYY) DATE(NIM/DDA(Y) A GENERAL LIABILITY 1CG50123000 01/01/04 01/01/05 GENERAL AGGREGATE $2 000, 000 COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG s2 , 000 , 000 CLAIMS MADE �X OCCUR PERSONAL&ADV INJURY_ $1, 0 a', 0 0 0 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE S1, 000, 000 XPer Project FIRE DAMAGE(Any one fire) $100 , 000 I Aqqregate MED EXP(Any one person) $5, 000 A AUTOMOBILE LIABILITY 1CA50123100 01/01/04 01/01/05 COMBINED SINGLE LIMIT $1, 000 , 000 X ANY AUTO ALL OWNED AUTOS BODILY INJURY j SCHEDULED AUTOS j(Per person) $ i X HIRED AUTOS I � 'i BODILY INJURY I NON-OWNED AUTOS (Peraccidenl) iS PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ T ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT S AGGREGATE $ B EXCESS LIABILITY BE4892432 01/01/04 01/01/05 EACH OCCURRENCE s3 ,000 , 000 X UMBRELLA FORM AGGREGATE s3 , 000 , 000 OTHER THAN UMBRELLA FORM I$ A WORKERS OOM1;PENSATION AND - 1 C+"�5 012 2 9-0 0 0-1/01/-0 4 ' 01/01/0 5 X STATUTORY LIMITS yam, EMPLOYERS'LIABILITY r CH ACCIDENT $1, 0 0 0, 0 0 0 THE PROPRIETOR/ INCL SEASE-POLICY LIMIT $1, 000 , 000 PARTNERSIEXECUTIVERE: EXCL SEASE-EACH EMPLOYEE $1, 660 , 000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS RE : 2003/04 Annual Slurry Seal City Project #03-15 The City of Palm Springs and Turner Construction Company are added as additional insured per the attached endorsement . CERTIFICATE HOLDER CANCELLATION Ten Day Notice for Non-Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Palm Springs EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL @{ Department of Procurement and 3O —DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ContractingscgL�maaau�s�rsaax� s Ba� xdmos�acaawA�c�xxx 3200 Tahquitz Canyon Way mtxx�Cx@Q3K53XUSXNEC6g4LLX74YxGEYS A70A6FRF�iEDTGA@ESCx Palm Springs, CA 92262 AUTHORIZED R�ESENTATIVE ACORD 25-S(3193)1 of 1 S250221 M242591 �tJ HXN © ACORD CORPORATION 1993 POLICY NUMBER: 1CG50123000 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Palm Springs Department of Procurement and Contracting 3200 Tahquitz Canyon Way Palm Springs, CA 92262 (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. RE : 2003/04 Annual Slurry Seal City Project #03-15 The City of Palm Springs and Turner Construction Company are added as additional insured per the attached endorsement . CG 20 10 11 85