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04848 - TAYLOR TENNIS COURT RESURFACING RUTH HARDY CP03-12
QOC a 21004—@583197 07/28/2004 08:00A Fee:NC Page 1 of 1 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk & Recorder 1������IIIIII IIIII 1111111111 fflfll IIIII III 1111111111111 M 5 U PAGE SIZE DA PCOR NOccR SMF MIGG Recording Requested By And When Recorded Return To: City of Palm Springs Attn: City Clerk P.O. Box 2743,Palm Springs, CA 92263-2743 A R I COPY I LONG REFUND NCHG E AM (SPACE ABOVE THIS TINE FOR RECORDING USE) (EXEMPT FROM RECORDING FEE PER GOV.CODE§6103) NOTICE OF COMPLETION C NOTICE IS HEREBY given that: EL 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.Tabquitz 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 15'day of June, 2004. 5. The name of the contractor (if named) for such work of improvement was: Taylor Tennis Courts, Inc., 31441 Santa Margarita Parkway, #A-158, Rancho Santa Margarita, CA 92688. 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: Ruth Hardy Park Tennis Court Resurfacing. 7. Nature of Interest: Fee Owner 8. The property address or location of said property is: Ruth Hardy Park-Tamarisk Road at Via Miraleste. 9. City Project No. 03-12, Agreement Number: 4848,Minute Order Number: None, Approved by City Manager CITY OF PALM SPRINGS: REVIEWED BY: DATED: �} ze-og BY: � DATED: Director of Pu c Works/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 foregoi tice of Completion, and knows the contents thereof,and that the facts stated therein are Ct at as 'd C'y Cle r, s e 41ke this verification on behalf of said municipal corporation. City Cl" -Patricia A. Sanders Index No. 1004 CITY OF PALM SPRINGS CALIFORNIA P.O.Box 2743,Pahn Springs,California 92263,(760)323-8253 Department of Public Works and Engineering NOTICE OF ACTION FOR: ■PUBLIC AND/OR ❑PRIVATE RAPROVEMENTS TO: Taylor Tennis Courts,Inc. ACCEPTANCE DATE: June 15,2004 Santa Margarita Parkway,#A-158 PROJECT: CP#03-12,Ruth Hardy Park Rancho Santa Margarita,CA 92688 Tennis Court Resurfacing AGREEMENT NO. 4848 MINUTE ORDER NO. None,CM Approval 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 S.F. Street Paving S.F. Sidewalks S.F. 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 L.F. Sewer Laterals L.F. Sewer Manholes EA. Sewer Manholes EA. Storm Drains L.F. Storm Drains L.F. Survey Monuments EA. Survey Monuments EA. Lighting/Landscaping L.S. Tennis Court Resurfacing L.S. Location: Ruth Hardy Park Tennis Courts-Tamarisk Road at Via Miraleste C.P.S.Drawing No(s). Permit No. 13228 Contractor(s)actually doing the work Taylor Tennis Courts,Inc. Notify your bonding company/bank to release the following bonds: oT�2g�a5 No. M 105846 in the amount of $24,430 Performance No. M 105846 in the amount of $24,430 Payment No. in the amount of $ Monuments No, in the amount of $ Maintenance Security No. in the amount of $ Correction&Repair Construction bond in the amount of $ for Engineer: CITY ENGINEER Bond Co./Bank: Surety Company of the Pacific Comments:FINAL CONTRACT AMOUNT:$24,430 Submitted by: I*L Dated: 7`1°"'H Street Maintenance Manager Approved by: 1�Y/7 Dated: �e Director o Public Works/City Engineer Distribution:Original to Engineering Project File;Copies to Addressee,City Clerk,Engineering NOABinder,Street Maintenance Manager,Building,and Facilities Index No.0410 CITY OF PALM SPRINGS CONTRACT CHANGE ORDER To: Taylor Tennis Courts, Inc. Date: July 28, 2004 31441 Santa Margaria Pkwy. Suite A-158 Project No. 03-12 Rancho Santa Margarita, CA 92688 Project Name: Ruth Hardy Park Tennis Courts Change Order No. One (1) Contract Purchase No. 416473 Account Number: 2494-51522 Agr.# 4848 A. CHANGES IN WORK: New Item A. Job Site Clean-up Lump Sum B. CHANGES IN COST: A. Job Site Clean-up Lump Sum/Agreed Price ($1,172.40) TOTAL NET CHANGE ORDER AMOUNT ($1,172.40) C. REASONS FOR CHANGES: A. Following the completion of tennis court re-surfacing, several piles of debris and demolition materials were left at various locations of the job site. The contractor was notified that if not removed, City crews would complete the work and back-charge the project for all costs incurred. The contractor was not able to remove the debris in a timely manner, and the City proceeded with the site clean up. The above lump sum/agreed price represents a reduction to the contract, and was determined using the City's Comprehensive Fee Schedule and State Equipment Rental Rates. * Note: No additional mark ups will be added to any item on this Change Order. All cost per each item are final. D. SOURCE OF FUNDS: The following account will be used to compensate the City for cost incurred: Account No. 2494-21522 Page 1 of 2 Summary of Costs Contract Time Original Contract Amount: $ 24,430.00 Original Completion Date: This Change Order: $ (1,172.40) Days Added for this C.C.O.: -0- Previous Change Order(s): $ 0.00 Previous Days Added: -0- Revised Contract Amount: $ 23,257.60 Revised Completion Date: -0- I have received a copy of this Change 517 — Date 1. Order and the above AGREED PRICES are acceptable to the contractor. Submitted by field Engineering Manager I By -- i Approved By ��i��� Date City Engineer Date Approved by - O II Date "City Manager Distribution: Original Conformed Copies Conformed-File Cony Engineering (1) Engineering File (1) Finance (1) Engineering Field Inspector (1) Contractor (1) Engineering Field Supervisor (1) City Clerk (1) Purchasing Agent (1) APPROVED 6Y THE CITE' MANAGER, Page 2 of 2 CONTRACT ABSTRACT Contract Company Name: Taylor Tennis Courts Company Contact: James Taylor Summary of Services: CP#03-12, Ruth Hardy Park Tennis Court Improvements Contract Price: $23,257.60 (including this CCO#I for deduction of$1,172.40) Funding Source: 261-2494-51522 Contract Term: One Year Contract Administration Lead Department: Public Works & Engineering Contract Administrator: David Barakian/Mike Lytar Contract Approvals Eetm /eonnnunity Redevelopment Agency Approval Date: CM Approval on March 25, 2004 Minute OidenResolution Number: Agreement Number: 4848 Contract Compliance Exhibits: Signatures: Insurance: Bonds: Contract prepared by: Submitted on: By: Taylor Tennis Courts i Ruth Hardy Tennis Court AGREEMENT #4848 CM signed 3-25-04 AGREEMENT THIS AGREEMENT made this 4 day of .t(4y 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 TAYLOR TENNIS COURTS 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: RUTH HARDY PARK TENNIS COURT RESURFACING CITY PROJECT NO.03-12 The Work is generally described as follows: Complete resurfacing of the seven (7) identified tennis courts at Ruth Hardy Park (as identified in the Appendix); miscellaneous repairs and improvements as identified in the project specifications; complete tennis court re- striping; net post painting; center strap-holder replacement; 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 applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays,expense,and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum of $425.00 for each calendar day that expires after the time specified in Article 2, herein. ARTICLE 3--CONTRACT PRICE The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid and Bid Schedule(s). ARTICLE 4--THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Band, Standard Specifications, Special Provisions, the Drawings, Addenda numbers 0 to 0 ,inclusive, and all Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5--PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the Engineer or the City wassYprovided in the Contract Documents. RUTH HARDY PARK TENNIS COURT RESURFACING m_ �� , ou CITY PROJECT NO. 03-12 AGREEMENT FORM 1/7/04 AGREEMENT AND BONDS- PAGE 1 EMC17= IN FOUR (4) ORIGRUffS PERFORMANCE BOND BOND# M105846 PREMIUM: $489.00 KNOW ALL MEN BY THESE PRESENTS, That Taylor Tennis Courts ------- .as Contractor, And SURETY COMPANY OF THE PACIFIC as Surety, are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the County of Riverside,California, hereinafter called the"City," in the sum of: _ Twenty four thousand four hundred thirty and 00/100_-rollers, For the payment of which sum well and truly to be made, we bind oureetves, out 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: RUTH HARDY PARK TENNIS COURT RESURFACING CITY PROJECT NO.03-12 NOW THEREFORE,it sold Contractor shall Perform all the requirements of said Contract Documents required to be performed on its part, at the times and in the manor specified herein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. Toci PROVIDED, that any a4eretions in the Work to be done or the materials I to be furnished, or changes in the m time of completion, which may be made pursuant to the terms of said Contract Documents, shoo not In any 0 ¢ o way release said Contractor or said Surety thereunder, nor shell any extensions of time granted under the W z N I—�¢o m provisions of said Contract Documents, release either said Contractor or said Surety, and notice of such •t<i qz alterations or extensions of the Agreement is hereby waived by said Surety. Jw� Z SIGNED AND SEALED, This 10TB__ day of MARCH _ 2004. <O> o� :D F G O G } z CONTRACTOR: SURETY: SURETY COMPANY OF THE PACIFIC TAY_UJ_R TF3a7_IS COURTS, INC. _6345_BALBOA BLVD_BIDG2_1 ENCINO, CA 91316 _ (Check one: _ individual, _parmarshih, X._corporation) Lo01 R y Ely - .. - / s,enalme / sg eture v - / (NOTARIZED) (NOTARIZED) Print Name and Title: rl`Int Name and lit l«;, ul �f GEORGE ALRM PEATE, ATTORNEY-IN-FACT #OD42655 o ° By L ILAto Z at "(NOTARIZED) CL (SEAL AND NO FARIAL ACKNOWLEDGMENT OF SURF)Print Name and 1 ule; t IL Q y ) p �Q^ :Z (Corporations regwie IV:L signater", one horn each ,,, '!u ¢V the following groups A Cha mnn I.,a of Board,President , -!u t. '' any Vice President; AND B Secretary, Asssraw 4'P Secretary, Treasurer, A,Astant Treasurer. or Cher yN._ Financial officer). N F W \ RUTH HARDY PARK 7 ENNIS COURT RESURFACING CITY PROJECT NO, 03-1 7. PERFORMANCE 117104 AGREEMENT AND f30ND5- P CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1 i State of California County of Los Angeles I . On before me, SHILO LEE CRANE, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER personally appeared GEORGE ALFRED PEATE NAMES)OF 51GNER(S) I ® personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the - SLIILO LEE CRANE Commission# 138033z entity upon behalf of which the person(s) acted, y execut d the instrument. No'rar ?ubllc - Cal,'rorn,a z Los Angelcs County I 1' vryComrn E);olresOci 15,22006+ WIT E51and and o ial seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED ❑ INDIVIDUAL DOCUMENT ❑ CORPORATE OFFICER BOND# M105846 TITLE(5) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL X ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SURETY COMPANY SIGNER(S) OTHER THAN NAMED ABOVE OF THE PACIFIC a SURETY COMPANY of the PACIFIC �JI 6345 BALBOA BOULEVARD,BUILDING 2,SUITE 325,ENCINO,CALIFORNIA 91316-1517 1N REPLY TO:POST OFFICE BOX 10289,VAN NUYS,CALIFORNIA 91410-0289 PHONE: (818)609-9232 POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That, SURETY COMPANY OF THE PACIFIC, by Montgomery Erwin its Chairman/President, in pursuance of authority granted by Resolution of its Board of Directors at a meeting called and held on the 23rd day of January, 1969, which said Resolution has not been amended or rescinded and of which the following is a true, full and complete copy: "RESOLVED: That the President or any Vice-President may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or any Vice-President, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorneys-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." does hereby nominate, constitute and appoint GEORGE ALFRED PEATE, of ENCINO, California, its true and lawful Attorney-in- Fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed: ANY AND ALL BONDS AND UNDERTAKINGS. IN WITNESS WHEREOF Montgomery Erwin, said Chairman/President has hereunto subscribed his name and affixed the corporate seal of the said SURETY COMPANY OF THE PACIFIC, this 9th day of January, 2002. SURETY COM�HE PACIFIC By _ Montgomery Erwin, Chairman/President STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss On this 9th day of January, 2002, before me, Stephanie Hope Shear, Notary Public, personally appeared Montgomery Erwin, Chairman/President, of Surety Company of the Pacific, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) i S ephame Hope Shear, Notary Public SIE'HANIE HOPE SHEAR Corn nhOon*1273630 i Notary PIbR.-Camornia p Los Angeles Co" ACCEPTED AND AGREED T MVCarrn.Dpiies&g 13,3104 Signature/l p ; 0.h• ` 3 Date CERTIFICATION 1, the undersigned, Secretary of SURETY COMPANY OF THE, PACIITC, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, onk� L/ Tanis Galik, Corporate Secretary CERTIFICATION OF CERTIFICATE OF AUTHORITY 1. I, Tanis Galik, am the Corporate Secretary of Surety Company of the Pacific. 2. Attached is a true and correct copy of the Certificate of Authority of Surety Company of the Pacific which has not been surrendered,revoked, cancelled, annulled, or suspended and which is in full force as of the date of this certificate. I declare under penalty of perjury under the laws of the state of California that the foregoing is tune and correct. Executed Encino, Cali 61111a. ' � s Tanis Galik, Corporate Secretary (SEAL) l CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of LOS ANGELES a � On before me, SHILO LEE CRANE,NOTARY PUBLIC, (pate) personally appeared TANIS GALIK Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she execute the same in authorized capacity and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. — W SS r¢vlhand nd offici seal. II onILO Lu CrzAIV `J � COn�misolon - 13SOod' _ °�,`�;� , Notary P4r�u� -Colnomlo r w/, Los",lgelas COW I!y (signature of Notary Public) - �� „ ,•. Ivp•ComI��.L�puesOc115,400h,� CSUR43(10/02) SURETY COMPANY of the PACIFIC 6345 BALBOA BOULEVARD, BUILDING 2,SUITE 325,ENCINO,CALIFORNIA 91316-1517 REPLY TO'POST OFFICE BOX 10289,VAN NUYS,CALIFORNIA 91410-0289 PHONE:(818)609-9232 To: PUBLIC ENTITY (GOVERNMENT AGENCY, MUNICIPALITY, SCHOOL DISTRICT, OTHER) Surety Company of the Pacific (SCP) has been an admitted surety in the State of California since February, 1969. The Certificate of Authority issued by the California Department of Insurance (CDI) granting SCP authority to transact surety business within the state is in full force and effect. This Authority has never been surrendered, revoked, cancelled, annulled or suspended and we are proud of our uninteraTted service to California's contractors. You can easily verify the current status of our Certificate of Authority by contacting the California Department of Insurance at (213) 897-8921 or by visiting the CDI Web site at www.insurance.ca.gov. If you are visiting the Web site go to the section with the heading "Insurers," look for the "Regulatory Activity" column heading, select "Insurance Company Profiles" option and then enter our company name: Surety Company of the Pacific. CSUR7-7103 N4 5995 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Amen=e Certificate of Authority Tins Is To CERTIFY, That, pursuant to the Insurance Code of the State of California, Surety Company of the Pacific of Encino, California organized under the laws of California subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Surety as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. Tins CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of any, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WrINESS WamEOF, effective as of the--------7th-------------day of__ November --_, 19--_94, I have hereunto set AA my hand and caused my official seal to be affixed this-7th------- -- T day of_ NOVembe- - Cohn o i ranee By ri i ur !WNOTIC Qualification with the Secretary of State must be accomplished as required by the California Corpora ' Code promptly after issuance of this Certificate of Authority. Failure to do so will be a violation of Ins. Code Sec. 701 and will be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. 92 914J1 FORM CS-0 EXEcurED IN FOUR (4) ORIGINALS PAYMENT BOND BOND// M105846 PREmruM: INCLUDED KNOW ALL MEN BY THESE PRESENTS, That TAYLOR TENNIS COURTS__ as ContraelK And SUREPY_COIi1pANY-OF THE--PACIFIC - --- -----------------_- as Yr are held rmly bound unto the City of Palm Springs, a charter city, organized and existing In the County of Riverside, slt' California,hereinafter called the"City,"in the sum of: Twenty four thousand four hundred thirty and 00/100-------------------- for the payment of which sum well and truly to be made, we hind ourselves, our heirs, executors, adminievators, succ 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 perforghffio Work as specified or indicated in the Contract Documents entitled: RUTH HARDY PARK TENNIS COURT RESURFACING CITY PROJECT NO.03.12 NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors,administrators, successors,or asaiyns$halt' pay for any materials, provisions, provender, equipment, or other supplies used In; upon, for, or about the par#wtttari Work contracted to bd done, or for any work or labor thereon of any kind, odor amounts due under tlm Insurance Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Dev Department from the wage, of employees of the Contractor and its subcontractors pursuant to Section 13020 Unemployment Insuranpe Code with respect to ouch labor, all as required by the provisions of Title XV, Chapter 7, 3247.3252, Inclusive, of the Civil Code of the State of California and acts amendatory thereof, and Sections of other the State of California referred to therein and acts amendatory thereof, and.provided that the persons, co corporations so furnishing said materials, provisions, equipment, or other supplies, appliances, or power wed In, upon, about performance of the Work contracted to be executed or performed, or any person, company, or oorporetlon re Wring implements or machinery or power for, or contributing to, said work to be done,or any person who performs work upon the same, or any person who supplies both work and materials therefor, shall have complied with the provhiona laws, then said surety will pay the same in an amount not exceeding the sum hereinbeforet set forth, and elan will pay„ire; ,mat is brought upon this bond,a reasonable attorney's fee as shall he fixed by the Court. This Bond shall.inpro to the be _ any and all persons named in Section 31 Bi of the Civil Code of the State of California so as to give a right of action to their assigns in any suit brought upon this bond PROVIDED, that any alterations it, the Work to be done or the matelots to be tarnished, or changes In the time of co which may be made pursuant to the terms of said Contract Documents, shall not In any way release said Cormactor Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents vale lose BitfteF;JQid -Contractor or said Surety, and notice of said alterations or extensions of the Agreement is hereby waived by said Surely. SIGNED AND SEALED, this 1 OTH -- dory of_ MARCH _ 2004, RUTH HARDY PARK TENNIS COURT RESURFACING CITY PROJECT NO. 03-12 AGREEMENT AND BONDS- 1l7104 PA BOND# M105846 CONTRACTOR: TAYLOR_TENNIS COURTS, INC, jUNCRIBEDANDSWORNTOBEFOREME (Cheek Doer__ __individual _ partnership, X__copunatwn) �,{4 ti THIS�20AY OF v '14, lY � r INOTAPIZEUI l NOTARY PUBLIC Print Name and Title: I S—U'S`A'N M. H_US�7 p� w ou V ' COMM,#1461467 ey N07ARYPU8U0•CALIFORNIA f^ ORANGE COUNTY n �,. � MYCpMM.@XPIRES JAN.9,2008 ynrt,rrc --c.-tea.,,.„_.�,� OTARIZEDI ti' Pont Name and Titl6i--D�"Tkj i�,y I 'w IJ (Corporations require two signatufas, one frogs each of the following grnons A. Chalrman of Board, President, or any Vice President: Ajl Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chiel F uincial Officer), SURETY SURETY COMPANY OF TEIE PACIFIC 6345 T3Ar.FnA Bypp BLi)G ,2,. ENCM, CA 91316 Ef� �t/_�� �- ��LICENSE MaEm ..ALF&ID PEATE, #OD42655 Title ATTORNEY—ffq—FACT (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY RUTH HARDY PARK TENNIS COURT RESURFACING CITY PROJECT N0.03-12 AGREEMENT ANp 90ND3PAYMENP T 7l04 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On before me, SHILO LEE CRANE, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER personally appeared GEORGE ALFRED PEATE NAME(S)OF SIGNER(S) ® personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their .. stIILC -EE CRANE ,1 signature(s) on the instrument the person(s), or the �! i� Commission#1380334 q entity upon behalf of which the person(s) acted, .ter Noiar z ,)� - ..�t" o y Public -California n � 4 ° I-ob Ange)es County � executed the instrument. idry Cormn.E;,plres Oc�15,2006!. WTp IE� � ban and official seal. SIGNATURE OF NOTARY i j OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED ❑ INDIVIDUAL DOCUMENT ❑ CORPORATE OFFICER BOND# M105846 TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED X ATTORNEY-IN-FACT El GENERAL NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SURETY COMPANY SIGNER(S)OTHER THAN NAMED ABOVE OF THE PACIFIC StRFTY COMPANY of the PACIFIC 6345 BALBOA BOULEVARD,BUILDING 2,SUITE 325,ENCINO,CALIFORNIA 91316-1517 REPLY TO:POST OFFICE BOX 10289,VAN NUYS,CALIFORNIA 91410-0289 PHONE: (818)609-9232 POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That, SURETY COMPANY OF THE PACIFIC, by Montgomery Erwin its Chairman/President, in pursuance of authority granted by Resolution of its Board of Directors at a meeting called and held on the 23rd day of January, 1969, which said Resolution has not been amended or rescinded and of which the following is a true, full and complete copy: 'RESOLVED: That the President or any Vice-President may from time to time appoint Attorneys-in-Fact to represent and act for and on behalf of the Company, and either the President or any Vice-President, the Board of Directors or Executive Committee may at any time remove such Attorneys-in-Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorneys-in-Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." does hereby nominate, constitute and appoint GEORGE ALFRED PEATE, of ENCINO, California, its true and lawful Attorney-in- Fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed: ANY AND ALL BONDS AND UNDERTAKINGS, IN WITNESS WHEREOF Montgomery Erwin, said Chairman/President has hereunto subscribed his name and affixed the corporate seat of the said SURETY COMPANY OF THE PACIFIC, this 9th day of January, 2002. SURETY COMPANY HE PACIFIC By ' Montgomery Erwin, Chairman/President STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss On this 9th day of January, 2002, before me, Stephanie Hope Shear, Notary Public, personally appeared Montgomery Erwin, Chairman/President, of Surety Company of the Pacific, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) I ephame Hope Shi ar, Notary Public SfEPHgNIE HOPE SHEAR _l Cornrnh§m#1273830 Nottcry Pubft-Cditnla Los Arlgetes Co" [[ ACCEPTED AND AGREED T My Ctmrn.Gg3estWgP (� Signature -S0 v_ °l �002 Date CERTIFICATION I, the undersigned, Secretary of SURETY COMPANY OF THE PACIFIC, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, one IV Tanis Galik, Corporate Secretary 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. RUTH HARDY PARK TENNIS COURT RESURFACING CITY PROJECT NO. 03-12 COVER SHEET 1/7/04 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: RUTH HARDY PARK TENNIS COURT RESURFACING CITY PROJECT NO.03.12 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(sl, List of Subcontractors, Nan-collusion Affidavit, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). Dated: ,- 4 Bidder: �G'^,� 'D' B ��/ Y✓`��- �� i'�� Y: (Signatp ee) Title: 2e.== RUTH HARDY PARK TENNIS COURT RESURFACING CITY PROJECT NO. 03-12 BID (PROPOSAL) 1/7/04 BID FORMS- PAGE 2 BID SCHEDULE Lump Sum Price for Construction of RUTH HARDY PARK TENNIS COURT RESURFACING CITY PROJECT NO. 03-12 In Palm Springs, California Item Description Complete resurfacing of the seven (7) identified tennis courts at Ruth Hardy Park (as identified in the Appendix); miscellaneous repairs and improvements as identified in the project specifications; complete tennis court re-striping; net post painting; center strap-holder replacement; and all appurtenant work. TOTAL BID PRICE For the lump sum of: � 3 (Price in figures) `as.7.d/ �M � /.F�(✓���iC.�`--,�._,G�t/"-'�, v P,/ rAi'GL-1 ���/ti'�-'j��w,if�G��°,tom^//I� 9 (Price in words) Name of Bidder or Firm r�cia�f' 3f I7 Santa Margarita Floss Sie.A158 G12 ncha Santa margarnia, Cq4. ri RUTH HARDY PARK TENNIS COURT RESURFACING CITY PROJECT NO. 03-12 1/7/2004 LUMP SUM BID SCHEDULE BID FORMS- PAGE 3 INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100, et seq., of the Public Contract Code, the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, or $10,000.00, whichever is greater, and shall also list the portion of the Work which will be done by such subcontractor. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. Contractor's Percent License of Total Work to he Performed Number Contract Subcontractor's Name &dAddress 1.�j dlro � 1rS����c✓ �(a(7 ��(� PN 'fer c P 2. 3. 4. 5. 6. 7. 8. RUTH HARDY PARK TENNIS COURT RESURFACING CITY PROJECT NO. 03-12 LIST OF SUBCONTRACTORS 1/7/04 BID FORMS-PAGE 4 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of o j✓' be nnq first duly sworn, deposes and says that he or she is of f& alo r T '•� the party making the foregoing Bid, that the Bid is not made ir{ 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. JJ Bidder j By Title Organization c / Address � , l -c 1 I� v I r RUTH HARDY PARK TENNIS COURT RESURFACING :ITY PROJECT NO. 03-12 '/7/04 NON-COLLUSION AFFIDAVIT BID FORMS- PAGE 5 BID BOND KNOW ALL MEN BY THESE PRESENTS, That as Principal, and as Surety, are held and firmly bound unto the City of Palm Springs, hereinafter called the "City" in the sum of: dollars (not less than 10 percent of the total amount of the bid) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. 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: RUTH HARDY PARK TENNIS COURT RESURFACING CITY PROJECT NO. 03-12 NOW THEREFORE, if said Principal is awarded a Contract by said City, and within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a written Agreement on the Form of Agreement bound with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this Bond by said City, and City prevails, said Surety shall pay all costs incurred by said City in such suit, including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED, this day of 2004. PRINCIPAL: SURETY: (Check one: individual, partnership, _corporation) By By signature signaure (NOTARIZED) (NOTARIZED) Print Name and Title: Print Name and Title: By signature (NOTARIZED) Print Name and Title: SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) (Corporations require two signatures;one from each of the following groups:A.Chairman of Board,President,or any Vice President;AND B. Secretary, Assistant Secretary,Treasurer, Assistant Treasurer, or Chief Financial Officer). RUTH HARDY PARK TENNIS COURT RESURFACING CITY PROJECT NO. 03-12 BID BOND (BID SECURITY FORM) 1/7/04 BID FORMS-PAGE 6 BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: Y � V i'�' !1/�'� �lVt�a. a y lip S�C4r T/n ��n •6� �0�—�',_l d � V�, AGi., 2. CONTRACTOR'S Telephone Number.(c j q j ) Facsimile Number: ( l)c/'r ) 7/,7 '7r 3. CONTRACTOR'S License: Primary Classification t ," State License Number(s) '2 i 2 Cf �, 3 Supplemental License Classifications 4. Surety Company and Agent who will provide the/required Bonds on this Contract: Name of Surety �c, L n /7 ��= «'- T'• _ �� 6`7 �L'oa v �_ Address .� , �_hvr. �/(/t-�. { y/0 Surety Company Telephone Numbers: Agent (6 )` ?`I- �'ce Surety ( KOO ) y S.7 "f / Cd 5. Type of Firm (Individual, Partnership or Corporation): 6. Corporation organized under the laws of the State of: ✓ 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: (I"o.. �,_a•-. 70 ,Y't .Z'a_ / / RUTH HARDY PARK TENNIS COURT RESURFACING CITY PROJECT NO. 03-12 BIDDER'S GENERAL INFORMATION 1/7/04 BID FORMS-PAGE 7 BIDDER'S GENERAL INFORMATION (Continued) 8. Number of years experience as a contractor in this specific type of construction work: 9. List at least three related projects completed to date: a. Owner f rY'S.0.�0✓'u < 1/S 6 C Address `C✓l�Z� ✓�/�S5:rrJ:�. �l$ �� Contact 1-06kiC c. �;r2v, Class of Work Phone 7�G �, r�S'� JiJ Contract Amount r Project l�v ,1v s C v TG Date Completed Contact Person 11-1 Ile Telephone number b. Owner A� Address 0�01%/ U'�'SLl� 51U U/rt �e 6�7-0r Contact J 2,.U, Class of Work Phone/,ILJ/ J Contract Amount Project 4S ) ,,vo;; (e Date Completed Contact Person L111- f- Telephone number go C. Owner Address �,_ � .�-,n 'di7G: �KA ifE::�TiA✓rt, /f c, Contact-, r" A,,c IY Class of Work Phone Contract Amount p Project v =-, . 1—6'hEIJ5' Cf� Date Completed !� - Contact Person 4 44c, Telephone number 10. List the name and title of the person who will supervise full-time the proposed work for your firm: 11. Is full-time supervisor an employee contract services ? 12 A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. RUTH HARDY PARK TENNIS COURT RESURFACING CITY PROJECT NO. 03-12 BIDDER'S GENERAL INFORMATION 1/7/04 BID FORMS- PAGE 8 CITY PROJECT NO . 03-12 The Special Provisions contained herein have been prepared by, or under the direct supervision of, the following Registered Civil Engineer: QpOFESSI�N G6F. p 9C w Z ! � m m George F. Farago No.C-62254 x Associate Civil Engineer Exp,9-30-20__ Civil Engineer C 62254 r�q Clvo- P OF CAL�F� Approved by: M/L David J. Barakian, P.E. City Engineer Civil Engineer C 28931 RUTH HARDY PARK TENNIS COURT RESURFACING CITY PROJECT NO. 03-12 1/7/04 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 -- APPENDIX Vicinity Map Ruth Hardy Park Tennis Courts Laykold - Manufacturer' s Specifications RUTH HARDY PARK TENNIS COURT RESURFACING CITY PROJECT NO. 03-12 SPECIAL PROVISIONS 1/7/04 GENERAL CONTENTS -PAGE 1 CITY OF PALM SPRINGS PUBLIC WORKS & ENGINEERING DEPARTMENT PART I - BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS RUTH HARDY PARK TENNIS COURT RESURFACING PROJECT NO. 03-12 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 RUTH HARDY PARK TENNIS COURT RESURFACING CITY PROJECT NO. 03-12 PART 1 CONTENTS 1/7/04 PAGE 1 CITY OF PALM SPRINGS NOTICE INVITING BIDS For constructing RUTH HARDY PARK TENNIS COURT RESURFACING CITY PROJECT NO. 03-12 N-1NOTICE IS HEREBY GIVEN that sealed bids for the RUTH HARDY PARK TENNIS COURT RESURFACING 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 3, 2004 at which time they will be opened and read aloud. N-2 DESCRIPTION OF THE WORK: The Work comprises the complete resurfacing of seven (7) identified tennis courts at Ruth Hardy Park in Palm Springs (as identified in the Appendix) ; miscellaneous repairs and improvements as identified in the project specifications; complete tennis court re-striping; net post painting; center strap-holder replacement; 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 and reject all other bids, as it may best serve the interest of the City. (b) As a condition of award, the successful bidder will be required to submit payment and performance bonds and insurance. N-4 BID SECURITY: each bid shall be accompanied by a certified or cashier' s check or Bid Bond in the amount of 10 percent of the total bid price, payable to the City of Palm Springs . N-5 BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a period of 60 calendar days from the date of bid opening. N-6 CONTRACTOR'S LICENSE CLASSIFICATION: The Contractor shall possess a valid Class A, C33 or appropriate C61 Contractor license at the time of submitting bids . N-7 PREVAILING WAGE RATES NOT APPLICABLE: Funding for the Work is with all local funds and, as provided under City Charter, will NOT require compliance with the prevailing wage requirements of the State of California. 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 RUTH HARDY PARK TENNIS COURT RESURFACING CITY PROJECT NO. 03-12 NOTICE INVITING BIDS 1/7/04 PAGE 1 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 $20 . 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 Jm 71 zo�� By David J. Barakian, PE Director of Public Works / City Engineer RUTH HARDY PARK TENNIS COURT RESURFACING CITY PROJECT NO. 03-1 2 NOTICE INVITING BIDS 1 17/04 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. (a) Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground utilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in the Standard Specifications and Special Provisions. (f) Before submitting a Bid, each Bidder must, at Bidder's own expense, make or obtain any additional examinations and investigations which pertain to the physical conditions (surface, subsurface, and underground utilities) at or contiguous to the site or otherwise which may affect cost, progress, or performance of the Work and which the Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents. (g) Where feasible, upon request in advance, the City will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submittal of a Bid. The Bidder shall fill all exploration and test holes made by the Bidder and shall repair damage, clean up, and restore the site to its former condition upon completion of such exploration. RUTH HARDY PARK TENNIS COURT RESURFACING INSTRUCTIONS TO CITY PROJECT NO. 03-12 BIDDERS-PAGE 1 1/7/04 (h) The lands upon which the Work is to be performed, the rights-of-way and easements for access thereto, and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Contractor. Easement for permanent structures or permanent changes in existing structures will be obtained and paid for by the City unless otherwise provided in the Contract Documents. (i) The submittal of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article; that without exception the Bid is premised upon performing the Work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents; and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all the terms and conditions for performance of the Work. 5. INTERPRETATIONS - All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be resolved by the issuance of Addenda mailed or delivered to all parties recorded by the Engineer or the City as having received the Contract Documents. Questions received less than 5 days prior to the date of opening Bids may not be answered. Only questions that have been resolved by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. 6. BID SECURITY, BONDS, AND INSURANCE - Each Bid shall be accompanied by a certified or cashier's check or approved Bid Bond in the amount stated in the Notice Inviting Bids. Said check or bond shall be made payable to the City and shall be given as a guarantee that the Bidder, if awarded the Work, will enter into an Agreement with the City and will furnish the necessary insurance certificates, Payment Bond, and Performance Bond. Each of said bonds and insurance certificates shall be in the amounts stated in the Standard Specifications or Special Provisions. In case of refusal or failure of the successful Bidder to enter into said Agreement, the check or Bid Bond, as the case may be, shall be forfeited to the City. If the Bidder elects to furnish a Bid Bond as its security, the Bidder shall use the Bid Bond form bound herein, or one conforming substantially to it in form. 7. RETURN OF BID SECURITY - Within 14 days after award of the Contract, the City will return all bid securities accompanying such of the Bids that are not considered in making the award. All other Bid securities will be held until the Agreement has been finally executed. They will then be returned to the respective Bidders whose Bids they accompany. 8. BID FORM -The Bid shall be made on the Bid Schedule sheets bound herein. Unless otherwise provided in the Notice Inviting Bids, in the event there is more than one Bid Schedule, the Bidder may Bid on any individual schedule or on any combination of schedules. All bid items shall be properly filled out. Where so indicated in the Bid Documents, Bid price shall be shown in words and figures, and in the event of any conflict between the words and figures, the words shall govern. The envelope enclosing the sealed bids shall be plainly marked in the upper left-hand corner with the name and address of the Bidder and shall bear the words "BID FOR," followed by the title of the Contract Documents for the Work, the name of the "CITY OF PALM SPRINGS," the address where the bids are to be delivered or mailed to, and the date and hour of opening of bids. The Bid Security shall be enclosed in the same envelope with the Bid. 9. SUBMITTAL OF BIDS - The Bids shall be delivered by the time and to the place stipulated in the Notice Inviting Bids. It is the Bidder's sole responsibility to see that its Bid is received in proper time. Bids will not be accepted after the appointed time for opening of bids, no matter what the reason. 10. DISCREPANCIES IN BIDS - In the event that there is more than one Bid Item in the Bid Schedule, the Bidder shall furnish a price for all Bid Items in the schedule, and failure to do so will render the Bid as non-responsive and may cause its rejection. In the event that there are unit price Bid Items in a Bid Schedule and the "amount" indicated for a unit price Bid Item does not equal the product of the unit price and quantity listed, the unit price shall govern and the amount will be corrected accordingly, and the Contractor shall be bound by such correction, subject to the provisions of Section 5100 et 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 et seq. of the California Public Contract Code. RUTH HARDY PARK TENNIS COURT RESURFACING INSTRUCTIONS TO CITY PROJECT NO. 03-12 BIDDERS- PAGE 2 1/7/04 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 15 calendar days after receipt of the Agreement forms from the City. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award and forfeiture of the Bid Security. If the lowest responsive, responsible bidder refuses or fails to execute the Agreement, the City may award the Contract to the second lowest responsive, responsible Bidder. If the second lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the City may award the Contract to the third lowest responsive, responsible Bidder. On the failure or refusal of such second or third lowest Bidder to execute the Agreement, each such bidder's Bid Securities shall be likewise forfeited to the City. 18. WORKER'S COMPENSATION REQUIREMENT -The Bidder should be aware that in accordance with laws of the State of California, the Bidder will, if awarded the Contract, be required to secure the payment of compensation to its employees and execute the Worker's Compensation Certification. 19. LOCAL BUSINESS PROMOTION — (a) In determining the lowest responsible Bidder, the following provisions of Section 7.09.030 of the City of Palm Springs Municipal Cade 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 proposing sub-contractors: RUTH HARDY PARK TENNIS COURT RESURFACING INSTRUCTIONS TO CITY PROJECT NO. 03-12 BIDDERS-PAGE 3 1/7/04 (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- RUTH HARDY PARK TENNIS COURT RESURFACING INSTRUCTIONS TO CITY PROJECT NO. 03-12 BIDDERS-PAGE 4 1/7/04 CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING DEPARTMENT PART II -- SPECIAL PROVISIONS RUTH HARDY PARK TENNIS COURT RESURFACING CITY PROJECT NO. 03-12 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 RUTH HARDY PARK TENNIS COURT RESURFACING PART II -SPECIAL PROVISIONS CITY PROJECT NO. 03-12 GENERAL CONTENTS-PAGE 1 1/7/2004 CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING DEPARTMENT SPECIAL PROVISIONS RUTH HARDY PARK TENNIS COURT RESURFACING CITY PROJECT NO. 03-12 SECTION 1 -- TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 GENERAL 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, and these Special Provisions, insofar as the same may apply to, and be in accordance with, the following Special Provisions . In case of conflict between the Standard Specifications for Public Works Construction ("Greenbook") and these Special Provisions, the Special Provisions shall take precedence over, and be used in lieu of, such conflicting portions . 1-2 LEGAL ADDRESS 1-2 .1 Legal Address of the City. - The official address of the City shall be City of Palm Springs, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, or such other address as the City may subsequently designate in written notice to the Contractor. 1-2.2 Legal Address of the Engineer. - The official address of the Engineer shall be 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. RUTH HARDY PARK TENNIS COURT RESURFACING TERMS, DEFINITIONS,ABBREVIATIONS, AND SYMBOLS CITY PROJECT NO. 03-12 SPECIAL PROVISIONS-SECTION 1 - PAGE 1 1/7/2004 1-3 DEFINITIONS AND TERMS Definitions and Terms . - Wherever in the Standard Specifications the following terms are used, the definitions shall be amended to read: Agency - The City of Palm Springs, a charter city organized and existing in the County of Riverside, State of California. Engineer - The Director of Public Works/City Engineer of the City of Palm Springs, California. Liquidated Damages - The amount prescribed in the Special Provisions, pursuant to the authority of Government Code Section 530'69.85, 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. 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) 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 - RUTH HARDY PARK TENNIS COURT RESURFACING TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS CITY PROJECT NO. 03-12 SPECIAL PROVISIONS -SECTION 1 - PAGE 2 1/7/2004 SECTION 2 -- SCOPE AND CONTROL OF WORK 2-1 GENERAL Particular attention is directed to the provisions of Section 6-1, "Construction Schedule and Commencement of Work, " Section 6-7, "Time of Completion, " and Section 6-9, "Liquidated Damages" of the Standard Specifications . After the Contract has been approved by the City, and a written Notice to Proceed has been issued to the Contractor, the Contractor shall start the Work within 10 working days after the date specified in said Notice to Proceed. Said Work shall be diligently prosecuted to completion before the expiration of: 15 WORKING DAYS from the day specified in the Notice to Proceed issued by the City. Said time of completion does not include time associated with ordering long lead-time items . Contractor shall refer to Section 4-2 . 2 of these Special Provisions for requirements associated with ordering long lead-time items . As set forth in the Agreement, the Contractor shall pay to the City as liquidated damages the sum set forth in the Agreement per day for each and every calendar day' s delay in finishing the Work in excess of the number of working days prescribed above. 2-2 CONTRACT BONDS 2-2 .1 BONDING COMPANY WAIVER OF RIGHT OF NOTIFICATION The following shall be added at the end of Section 2-4 of the Standard Specifications: "The Contractor shall ensure that its Bonding Company is familiar with all of the terms and conditions of the Contract Documents, and shall obtain a written acknowledgement by the Bonding Company that said Bonding Company thereby waives the right of special notification of any changes or modifications of the Contract, or of extensions of time, or of decreased or increased Work, or of cancellation of the Contract, or of any other act or acts by the City or any of its authorized representatives." 2-2 .2 EXECUTION OF BONDS Bonds shall be executed by either: (a) two (2) or more sufficient personal sureties; (b) one sufficient admitted surety insurer; or (c) a combination of sufficient personal sureties and admitted surety insurers. If a corporate surety insurer is RUTH HARDY PARK TENNIS COURT RESURFACING SCOPE AND CONTROL OF WORK CITY PROJECT NO. 03-12 SPECIAL PROVISIONS -SECTION 2-PAGE 1 1/7/2004 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) S. 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 o'f precedence shall be as follows : 1. Figures govern over scaled dimensions 2. Detail drawings govern over general drawings 3. Addenda or Change Order drawings govern over Contract Drawings 4. Contract Drawings govern over Standard Drawings 5. Contract Drawings govern over Shop Drawings 2-4 SUBSURFACE DATA Section 2-7 of the Standard Specifications shall be revised to read as follows: 112-7.1 Limited Reliance by Contractor. Soils reports and other reports of subsurface conditions may be', made available for inspection by the Contractor. HOWEVER, SUCH REPORTS AND DRAWINGS ARE NOT CONTRACT DOCUMENTS. The Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings only where such "technical data" are specifically identified in the Special Provisions. Except for such reliance on such "technical data, " the Contractor may not rely upon or make any claim against the City, the Engineer, nor any of the Engineer's Consultants with respect to any of the following: 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 RUTH HARDY PARK TENNIS COURT RESURFACING SCOPE AND CONTROL OF WORK CITY PROJECT NO. 03-12 SPECIAL PROVISIONS -SECTION 2-PAGE 2 1/7/2004 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-OE-WAY Unless indicated otherwise, all temporary access or construction rights-of-way, which the Contractor may find it requires during progress of the Work, shall be arranged by and paid for entirely by the Contractor, at its own expense. 2-6 AUTHORITY OF THE ENGINEER The Engineer will decide all conflicts which may arise as to (1) the quality or acceptability of 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. 2-7 INSPECTION The Engineer shall have complete and safe access to the Work at all times during construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the Specifications, the Special Provisions, and the Plans . All labor, materials, and equipment furnished shall be subject to the Engineer' s inspection. When the Work is substantially completed, a representative of the Engineer will make the final inspection. 2-8 SITE EXAMINATION The Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work, and the general and local conditions, such as, but not limited to, all other matters which could in any way affect the Work or the costs thereof. The failure of the Contractor to acquaint itself with all available information regarding any applicable existing RUTH HARDY PARK TENNIS COURT RESURFACING SCOPE AND CONTROL OF WORK CITY PROJECT NO. 03-12 SPECIAL PROVISIONS-SECTION 2- PAGE 3 1/7/2004 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 . 2-9 FLOW AND ACCEPTANCE OF WATER Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, and has prepared its Bid accordingly; and the Contractor, by submitting such a Bid, assumes all said risk. Contractor shall refer to Section 10-4 . 1. 1 of these Special Provisions for requirements to contain all1 contaminated surface runoff resulting from pressure washing and removing existing tennis court surfaces. The Contractor shall be responsible for ensuring complete containment and legal disposal of all resulting materials. 2 .10 SUBMITTALS The following provisions shall replace Section 9-2 "Lump Sum Work" of the Standard Specifications : On lump sum Bids, the Contractor shall submit, for approval by the Engineer, a Schedule of Values, or lump sum price breakdown, which wil'il 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 b',e 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 - RUTH HARDY PARK TENNIS COURT RESURFACING SCOPE AND CONTROL OF WORK CITY PROJECT NO. 03-12 SPECIAL PROVISIONS-SECTION 2-PAGE 4 1/7/2004 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 therefore: 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. - END OF SECTION - RUTH HARDY PARK TENNIS COURT RESURFACING CHANGES IN WORK CITY PROJECT NO. 03-12 SPECIAL PROVISIONS-SECTION 3-PAGE 1 1/7/2004 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 RUTH HARDY PARK TENNIS COURT RESURFACING CONTROL OF MATERIALS CITY PROJECT NO. 03-12 SPECIAL PROVISIONS- SECTION 4- PAGE 1 1/7/2004 the City. The Contractor shall furnish ',the Engineer with a statement from the vendor (s) that thee, 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 - RUTH HARDY PARK TENNIS COURT RESURFACING CONTROL OF MATERIALS CITY PROJECT NO. 03-12 SPECIAL PROVISIONS-SECTION 4-PAGE 2 1/7/2004 SECTION 5 -- UTILITIES 5-1 REMOVAL, RELOCATION, OR PROTECTION OF EXISTING UTILITIES (a) The following full text of Government Code Section 4215 shall replace the provisions of Section 5-5, subparagraph 4, of the Standard Specifications : "In accordance with the provisions of Section 4215 of the California Government Code, any contract to which a public agency as defined in Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunk-line utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids. The agency will compensate the Contractor for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. The Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the public agency or the owner of the utility to provide for removal or relocation of such utility facilities . Nothing herein shall be deemed to require the public agency to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve the public agency from identifying main or trunk lines in the plans and specifications. If the Contractor while performing the contract discovers utility facilities not identified by the public agency in the contract plans or specifications, he or she shall immediately notify the public agency and utility in writing. RUTH HARDY PARK TENNIS COURT RESURFACING UTILITIES CITY PROJECT NO. 03-12 SPECIAL PROVISIONS-SECTION 5-PAGE 1 1/7/2004 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. " All water meters, water valves, firel, hydrants, Southern California Edison vaults, General Telephone vaults, ,Southern California Gas Company valves, and other ',subsurface structures shall be protected in place by the Contractor. - END OF SECTION - RUTH HARDY PARK TENNIS COURT RESURFACING UTILITIES CITY PROJECT NO. 03-12 SPECIAL PROVISIONS- SECTION 5-PAGE 2 1/7/2004 �� 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 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 PROSECUTION, PROGRESS, RUTH HARDY PARK TENNIS COURT RESURFACING AND ACCEPTANCE OF THE WORK CITY PROJECT NO. 03-12 SPECIAL PROVISIONS-SECTION 6 -PAGE 1 1/7/2004 UNDERGROUND SERVICE ALERT (800) 227-2600 6-4 EMERGENCY INFORMATION The names, addresses, and telephone numbers of the Contractor, sub-contractors, their owners, officers, and superintendents, shall be filed with the ',Engineer at the Pre- Construction Conference. - END OF SECTION - PROSECUTION, PROGRESS, RUTH HARDY PARK TENNIS COURT RESURFACING AND ACCEPTANCE OF THE WORK CITY PROJECT NO. 03-12 SPECIAL PROVISIONS-SECTION 6- PAGE 2 1/7/2004 SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR 7-1 Laws to be Observed 7-1 .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. " 7-1.2 Hours of Labor. - Eight hours labor constitutes a legal day' s work. The Contractor shall comply with ail 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. 7-1.3 Prevailing Wage Rates Not Applicable. - Funding for the Work is with all local funds and, as provided under the City Charter, will NOT require compliance with the prevailing wage requirements of the State of California . 7-1 .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 RUTH HARDY PARK TENNIS COURT RESURFACING RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 03-12 SPECIAL PROVISIONS-SECTION 7- PAGE 1 1/7/2004 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 tiled 30 days prior to the call for Bids . 7-1.5 Unpaid Claims . - If, at any! time prior to the expiration of the period for service of al Stop Notice, there is served upon the City a Stop Notice, as provided in Sections 3179 through 3210 of the Civil Code of the State of California, the City shall, until the discharge thereof, withhold from the moneys under its control so much of said moneys due or to become due the Contractor under this Contract, as shall be sufficient to answer the claim stated in such Stop Notice, and to provide for the reasonable cost of any litigation thereunder, provided, that if the Engineer shall, in its discretion, permit the Contractor to file with the City the bond referred to in Section 3196 of the Civil Code of the State of California, said moneys shall not thereafter be withheld on account of such Stop Notice. 7-1. 6 Retainage From Monthly Payments . ! - Pursuant to Section 22300 of the California Public Contract Colde, the Contractor may substitute securities for any money withheld by the City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent, who shall return ',such securities to the Contractor upon satisfactory completion oflthe Contract. Deposit of securities with an escrow agent shall be subject to a written agreement for in-lieu construction payment ''retention, provided by the City between the escrow agent and the City, which provides that no portion of the securities shall be ',paid to the Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City will not certify that the Contract has been satisfactorily completed until at least 30 days after filing by the 'City of a Notice of Completion. Securities eligible for investment under Public Contract Code Section 22300 shall be limited to those listed in Section 16430 of the Government Code, and to bank or savings and loan certificates of deposit. 7-1 .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 'RESPONSIBILITIES OF THE CONTRACTOR RUTH HARDY PARK TENNIS COURT RESURFACING SPECIAL PROVISIONS-SECTION 7- PAGE 2 CITY PROJECT NO. 03-12 1/7/2004 extension, payment of money, or damages arising from the work done by or on behalf of the Contractor pursuant to this Contract, or payment of an amount which is disputed by the City, shall be processed in accordance with the provisions of said Section 20104, et seq. , relating to informal conferences, non-binding judicially- supervised mediation, and judicial arbitration. A single written claim shall be filed under this Article prior to the date of final payment for all demands resulting out of the Contract . Within 30 days of the receipt of the claim, the City may request additional documentation supporting the claim, or relating to defenses or claims the City may have against the Contractor. If the amount of the claim is less than $50, 000, the Contractor shall respond to the request for additional information within 15 days after receipt of the request . The Contractor shall respond to the request within 30 days of receipt, if the amount of the claim exceeds $50, 000, but is less than $375, 000 . Unless further documentation is requested, the City shall respond to the claim within 45 days, if the amount of the claim is less than $50, 000, or within 60 days, if the amount of the claim is more than $50, 000, but less than $375, 000 . If further documentation is requested, the City shall respond within the same amount of time taken by the Contractor to respond, or 15 days, whichever is greater, after receipt of the information, if the claim is less than $50, 000 . If the claim is more than $50, 000, but less than $375, 000, and further documentation is requested by the City, the City shall respond within the same amount of time taken by the Contractor to respond, or 30 days, whichever is greater. If the Contractor disputes the City' s response, or the City fails to respond, the Contractor may demand an informal conference to meet and confer for settlement of the issues in dispute. The demand shall be served on the City, within 15 days after the deadline of the City to respond, or within 15 days of the City' s response, whichever occurs first. The City shall schedule the meet and confer conference within 30 days of the request. If the meet and confer conference does not produce a satisfactory request, the Contractor may pursue the remedies authorized by law. 7-2 INSURANCE AMOUNTS The insurance provided by the CONTRACTOR hereunder shall be (1) with companies licensed to do business in the state of California, (2) with companies with a Best ' s Financial Rating of VII or better, and (3) with companies with a Best' s General Policy Policyholders Rating of not less than A, except that in case of Worker' s Compensation Insurance, participation in the State Fund, where applicable, is acceptable . RUTH HARDY PARK TENNIS COURT RESURFACING RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO.03-12 SPECIAL PROVISIONS-SECTION 7- PAGE 3 1/7/2004 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) : $1, 000, 000 Each Occurrence $1, 000, 000 Annual Aggregate Property ,Damage: $1, 000, 000 Each Occurrence $1, 000, 000 Annual Aggregate b) Property damage liability insurance will provide explosion, collapse, and 'underground coverages where applicable. c) Personal injury, with !employment exclusion deleted: $1, 000, 000 Annual Aggregate 3 . Comprehensive Automobile Liability: a) Bodily Injury (Including wrongful- death) : $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 7-3 PERMITS 7-3.1 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 RESPONSIBILITIES OF THE CONTRACTOR RUTH HARDY PARK TENNIS COURT RESURFACING SPECIAL PROVISIONS-SECTION 7-PAGE 4 CITY PROJECT NO. 03-12 1/7/2004 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 . 7-3.2 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. All other provisions of Section 7-5 of the Standard Specifications shall remain in force. 7-4 SITE CLEANUP Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the Contractor shall keep the work site clean and free from rubbish and debris . The Contractor shall also abate dust nuisance, as required in Section 7-5 "Dust Control" of these Special Provisions . The use of water resulting in mud will not be permitted as a substitute for sweeping or other methods . Materials and equipment shall be removed from the site as soon as they are no longer necessary; and upon completion of the work and before final inspection the entire worksite shall be cleared of equipment, unused materials, trash, rubbish and debris so as to present a satisfactory clean and neat appearance, as approved by the Engineer. All cleanup costs shall be absorbed in the Contractor' s bid. Full compensation for all work required in this section shall be considered as included in the contract prices paid for the related items of work and no additional compensation will be allowed therefor. 7-5 DUST CONTROL The Contractor shall be responsible for maintaining the project site and providing adequate dust control 24 hours a day, everyday, through the duration of the project, in conformance with City requirements, Section 10 of the Standard Specifications, and to the satisfaction of the City Engineer. Full compensation for providing 24 hour dust control and project maintenance, shall be considered as included in the Contractor' s lump sum bid, and no additional compensation will be allowed therefore. - END OF SECTION - RUTH HARDY PARK TENNIS COURT RESURFACING RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 03-12 SPECIAL PROVISIONS-SECTION 7- PAGE 5 1/7/2004 SECTION 8 -- FACILITIES FOR AGENCY PERSONNEL (BLANK) - END OF SECTION - RUTH HARDY PARK TENNIS COURT RESURFACING FACILITIES FOR AGENCY PERSONNEL CITY PROJECT NO. 03-12 SPECIAL PROVISIONS-SECTION 8-PAGE 1 1/7/2004 SECTION 9 - MEASUREMENT AND PAYMENT 9-1 GENERAL 9-1.1 Payment. - Payment of the Contractor' s lump sum bid 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 Work being described, as necessary to complete the required scope of work, all in accordance with the Standard Specifications and these Special Provisions, 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 work that is not considered and approved by the City Engineer as extra work subject to issuance of a Contract Change Order, and all costs therefor shall be included in the lump sum bid for the required scope 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. RUTH HARDY PARK TENNIS COURT RESURFACING MEASUREMENT AND PAYMENT CITY PROJECT NO. 03-12 SPECIAL PROVISIONS-SECTION 9 - PAGE 1 1/7/2004 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 o;f 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 Lo the Contractor, except for such amounts as are required by law to be withheld by properly executed and filed notices Ito stop payment, or as may be authorized by the Contract to be further retained. 9-2 PAYMENT SCHEDULE 9-2 .1 Initial Mobilization. - Measurement for payment for initial mobilization will be based upon completion of such work as a lump sum, non-proratable pay item, and shall require completion of all of the listed items . Payment for Initial Mobilization will be considered as included in the Contractor' s lump sum bird, which price shall constitute full compensation for all such work. The scope of the work shall include the obtaining of all bonds, insurance, and permits, moving onto the site of all plant and equipment, and the furnishing and erecting of plants, temporary buildings, and other construction facilities, all as required for the proper performance and completion of the Work. Mobilization shall include, but not be limited to, the following principal items : 1 . Moving onto the site of all Contractor' s plant and equipment required for project operations. 2 . Installing temporary construction ! power, wiring, and lighting facilities per Paragraph 7-8 . 5, "Temporary Light, Power, and Water" of the Standard Specifications . 3 . Obtaining and paying for all required; bonds, insurance, and permits . 4 . Posting all OSHA-required notices, land establishment of OSHA-approved safety programs. 5. Having the Contractor' s superintendent at the job site full time. 6. Submitting of the required Construction Schedule, as specified in the Section 6-1, "Construction Schedule and Commencement of Work" of the Standard ;Specifications. In addition to the requirements specified above, all submittals shall conform to the applicable requirements of Section 2-5 . 3, "Shop Drawings and Submittals" of the Standard Specifications . RUTH HARDY PARK TENNIS COURT RESURFACING MEASUREMENT AND PAYMENT CITY PROJECT NO. 03-12 SPECIAL PROVISIONS- SECTION 9- PAGE 2 1/7/2004 Any retention of money for failure to complete all such mobilization items as a lump-sum item shall be in addition to the retention of any payment pursuant to the provisions of Public Contract Code 22300 . 9-2 .2 LUMP SUM BID SCHEDULE On lump sum bid schedules, 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 - RUTH HARDY PARK TENNIS COURT RESURFACING MEASUREMENT AND PAYMENT CITY PROJECT NO. 03-12 SPECIAL PROVISIONS-SECTION 9-PAGE 3 1/7/2004 SECTION 10 -- CONSTRUCTION DETAILS 10-1 GENERAL 10-1.1 Location Ruth Hardy Park, 700 Tamarisk Road, Palm Springs California . 10-1.2 Scope of Work - The scope of work consists of furnishing all specified materials, labor, equipment, supervision and appurtenant work necessary for the complete resurfacing of the seven (7) specified tennis courts at Ruth Hardy Park (as identified in the Appendix) ; miscellaneous repairs and improvements as identified in the project specifications; complete tennis court re-striping (per USTA regulations) ; net post painting; center strap-holder replacement; and all appurtenant work. 10-1.3 Parking and Access. - The Contractor shall be allowed to use the existing parking lot at Ruth Hardy Park for daily operations, subject to the approval of the City Engineer. 10-2 EXISTING FACILITIES 10-2 .1 Existing Facilities. - It shall be the Contractor' s responsibility to protect all existing improvements not designated for removal. The City' s Parks and Recreation staff will remove the tennis court nets . The Contractor shall be allowed to close to public use the entire tennis center area, including tennis court 8 not included in the scope of work. The Contractor shall be responsible for providing adequate means of securing the project site and for prohibiting public access into the tennis courts throughout the duration of the project. The Contractor shall be responsible for any and all damage done to existing property and adjacent properties during all construction work under this contract, and the Contractor, at its expense, shall make any repairs that result from its operations, to the approval of the City Engineer. 10-3 REMOVALS 10-3.1 Disposal Site. - The Contractor shall specify the route and the disposal site of the material that is required to be removed and hauled away. The Contractor shall provide this information at the Pre-Construction Conference. RUTH HARDY PARK TENNIS COURT RESURFACING CITY PROJECT NO.03-12 CONSTRUCTION DETAILS 1/7/04 SPECIAL PROVISIONS-SECTION 10-PAGE 1 The Contractor shall not stockpile any removals on , any adjacent lots, with or without the property owner' s approval . 10-4 TENNIS COURT RESURFACING 10-4.1 Surface Preparation. The Contractor shall perform a pressure ', wash of the existing surfaces at a minimum pressure of 3, 000 p. s! i. , of a duration long enough to completely clean the existing tennis court surfaces of all previous coatings and striping. All resulting contaminated water and surface runoff. shall be completely contained, removed, and legally disposed of. The Contractor shall be responsible for ensuring it constructs, installs, or otherwise maintains a containment system to intercept and collect all resulting debris and surface runoff generated by the pressure washing. Release of contaminated surface runoff beyond the project area and 'into the adjacent park is prohibited, and any such release shall be subject to penalties and fines associated with violation of any pertinent regulations governing release of hazardous waste . The Contractor shall identify its method of containment satisfying this requirement at the pre-construction conference. All tennis courts ' to be resurfaced shall be sound, free of depressions or "bird baths", free of cracks, and clean. To be sound, any ridges protruding from the surface, or highly finished smooth spots ("spalled" areas) , shall be removed by grinding. Cracks shall be cleaned and removed of weeds and debris (if any) . All loose or broken concrete shall be removed and replaced. All spalled concrete shall be patched and cracks filled with a high strength acrylic latex bonding liquid, mixed with silica sand and Portland cement . All expansion joints shall be cleaned and filled with an approved material (Laykold Deep Patch by Advanced Polymer Technology, 724-452-1330 or equal) in laccordance with the manufacturer' s specifications . Care shall !be taken to disc sand and blend the patched areas into existinglsurfaces so as not to produce unsightly ridges, high spots or shadows . To be free of depressions or "bird baths" the surface shall be flooded with water and all depressions holding water shall be filled and leveled with Laykold products, or equal, in accordance with the manufacturer' s specifications. Special acrylic latex primer/sealer shall be applied to exposed areas . RUTH HARDY PARK TENNIS COURT RESURFACING j CITY PROJECT NO.03-12 CONSTRUCTION DETAILS 1/7/04 SPECIAL PROVISIONS-SECTION 10-PAGE 2 All loose or broken concrete at net post, light post or fence post footings shall be repaired or replaced as required by the Engineer. The Contractor shall replace all existing central strap-holders with 1 . 5" diameter stainless steel eyebolts . The rods of the eyebolts shall be minimum 4" long epoxied in drilled holes . The concrete drainage . channel between tennis courts No . 3 and 4 shall be cleaned (including removal of broken concrete) and repaired. 10-4 .2 Base Coat. Materials - An asbestos and lead free, acrylic latex binder and silica sand mix shall be used as a base for the resurfacing of all tennis courts . Laykold Acrylic Resurfacer, by Advanced Polymer Technology, or equal shall be used. The Contractor shall mix #30 mesh silica sand and acrylic latex binder, in accordance with the manufacturer' s specifications . Application - Application of one (1) coat of base coat shall be applied in accordance with manufacturer' s specifications . 10-4.3 Playing Surface. Materials . - A colored, asbestos and lead free, acrylic coating and silica sand mix shall be applied as the playing surface of all the tennis courts . Laykold Colorcoat Mixtures, by Advanced Polymer Technology, or equal shall be used. A dark green color shall be used in the playing surface area applied within the base lines and double side lines; a red color shall be applied to all other (exterior) areas of the tennis courts . Color selections shall be submitted to the Engineer for review and approval prior to application, and shall match the existing colors within tennis court 8, not included in this scope of work. Application - Application of two (2) coats of playing surface shall be applied in accordance with the manufacturer' s specifications . Apply one-coat of acrylic color with #60 silica for medium speed and one-coat of acrylic color unsanded to seal the system. 10-4.4 Tennis Court Striping. Materials . - Highly reflective marking paint shall be used for striping the surface of all tennis courts . Laykold White Line Paint by Advanced Polymer Technology, or equal shall be used. RUTH HARDY PARK TENNIS COURT RESURFACING CITY PROJECT NO.03-12 CONSTRUCTION DETAILS 1/7/04 SPECIAL PROVISIONS-SECTION 10-PAGE 3 10-4 . 4 .2 Application - Application of ,tennis court striping shall follow manufacturer' s specifications . New tennis court striping shall be masked so that edges are clean and straight . All tennis courts shall be striped with 'acrylic line paint in accordance with USTA regulations . See the USTA Tennis Court Diagram included in the Appendix. 10-4 .5 Net Posts. Painting of the tennis court net posts, shall be made with applicable primer and paint suitable to adhere to metal surfaces, applied in accordance with the manufacturer' s specifications. Paint shall be dark green, identical to the tennis court playing surfaces, and as approved by the City Engineer. 10-4. 6 Payment. Payment for all required work shall be made at the Contractor' s lump sum bid and shall include payment for, cleaning and pressure washing all specified tennis courts; containing and disposing all resulting contaminated water and runoff resulting from pressure washing existing tennis courts; repairing all "spalled" and smooth areas; patching all "bird baths"; cleaning !and filling all cracks and expansion joints; providing a smooth, underlying playing surface; repairing all net post, light ! post, or fence post footings; repairing all loose or broken concrete; replacing all center strap-holders; painting net posts; application of base coat and playing surface coatings; and tennis court striping; and for performing all work as specified in these ',special provisions and as directed by the Engineer. 10-5 GUARANTEE Tennis court resurfacing shall be guaranteed by the Contractor against raising, chipping, peeling, cracking, and or blistering or similar conditions for a period of five years after the date of acceptance of work. The guarantee shall be in writing and shall cover all labor, materials and replacement work. Prior to final acceptance of the work, the Contractor shall submit a written 5- year guarantee to the City Engineer for review and approval . END OF SECTION - RUTH HARDY PARK TENNIS COURT RESURFACING CITY PROJECT NO.03-12 CONSTRUCTION DETAILS 1/7104 SPECIAL PROVISIONS- SECTION 10-PAGE 4 CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING DEPARTMENT PART III - APPENDIX RUTH HARDY PARK TENNIS COURT RESURFACING CITY PROJECT NO. 03-12 - Vicinity Map - Ruth Hardy Park Tennis Courts - Tennis Court Diagram - Laykold — Manufacturer's Specifications RUTH HARDY PARK TENNIS COURT RESURFACING CONTENTS CITY PROJECT NO. 03-12 PART III 1/7/04 TRAMVIEW DRIVE LAS VEGAS RD. RADIO RD. OASIS RD. 111 SAN RAFAEL DR. P� �O TFRANcs DR. P� SAN MARCO VISITOR (/• INFORMATION RACQUET CLUB ROAD CENTER ROCHELLE ROCHELI£ Q 00 NA ESCUELA Z W O 2 a z m VISTA CHINO ROAD 111 Z O 0 HIGH E7 Q O SCHOOL ZQ w SANOLEWOOO Q Q CHIA RD. a U ¢ m E 0 J w DESERT HOSPITAL a TACHEVAH RD. ¢ W w o N I- ¢ K PROJECT HAROY PAc TAMARISK RD. N SITE 0 ALEJO ROAD W w x AMADO ROAD O CONVENTION 0 CENTER uwi TAHQUITZ CANYON WAY W PALM SPRINGS U MALL z TENNIS CENTER BARISTO ROAD W U PALM SPRINGS O U HIGH SCHOOL RAMON ROAD 0 WARM SANDS 5 NOT TO SCALE m SUNNY DUNES ROAD MESQUITE AVE. VICINITY MAP CITY OF PALM SPRINGS, CALIFORNIA PROJECT SITE: RUTH HARDY PARK 700 TAMARISK ROAD TE NiS COURTS 311pD RESTR6O 5, 3• 4, 2. 1, TENNIS COURTS w w 8, 7. a 6. Q NOT A PART RUTH HARDY PARK PALM SPRINGS, CA TAMARISK ROAD NOTES; TRUE PLANE ALL DIMENSIONS ARE TO SLOPE THE OUTSIDE EDGE OF LINE RITQUIRENIENTS: ALL PLAYING LINES ARE 2' SIDE.T„ O SIDE a, IN WIDTH, EXCEPT THE BASE BASE LINE, TYP. LINE WHICH MAY BE BETWEEN 0 2" AND 4" IN WIDTH 7 O y rCENTER iv MARK, TYP. DOUBLES SIDE LINE, TYP. 20'- 0" TO V IN 30'-0" SINGLES SIDE /�$T DRY COURTS LINE, TYP, 1"/ MAXIMUM HARD COURTS CENTER SERVICE LINE, TYP. N 13 3' Y. 3' ' 111 60 - --- DOUBLES NET POST 42' CENTER TO CENTER SINGLES NET POST OR MARK FOR SINGLES STICK SERVICE 33' CENTER TO CENTER LINE, TYP. 2" WIDTH PLAYING TYP. LINE, TYP. TENNIS 4' 6" 13' 6 1 13 -6" 4'-6" COURT �. 36. DIAGRAM LAYKOLD® LsOuAd DEEP PATCH Portland Cement, Add 2.3 gallons of Deep Patch PRODUCT DESCRIPTION Binder,and mix thoroughly with a mechanical mixer. LAYKOLD Deep Patch is a high strength acrylic For patches V or less: Premix 5 gallons dry, 60. cement modifier,expressly designed for mixing with mesh silica sand with 1 gallon of,Type 1 Portland portiand cement and sand. It makes a hard,durable Cement.Add 2-3 gallons of Deep Patch Binder,and patch,and can be used over new or existing asphalt mix thoroughly with a mechanical mixer, or concrete recreational surfaces. An advantage of using LAYKOLD Deep Patch is that For patches greater than 314% Patch in successive it cures quickly and can exceed 3f4"in one lift Deep lifts,each no greater than / Patch is also used to 511 cracks,and will not sink like mixing instructions,and leave the first Coat in a rough Follow the previous add elastomeric crack Pliers. Deep Patch does not i condition to provide an coat is fully mechanical bond, It contain asbestos,lead,or mercury. a Imperative of that each coat is fully cured prior to application of the second coat. SURFACE PREPARATION Patches made with Deep Patch must be allowed to Existing surface shall be clean,free from all dirt and thoroughly cure prior to applying the next coating foreign debris,and shall be dry. New asphalt and application. Cure time depends on the depth of the concrete should be allowed a 30 day curing period patch,and may take up to 24 hours. before applying any opatings. All surfaces must be structurally sound with any unsound Concrete LIMITATIONS removed by chipping or scarifying. Oil and other contaminants should be removed by solvents or acid • Do not apply when temperatures are below 50°F etching,and all resultant residue thoroughly (10"C)or when rain is imminent. removed. When acid etching,thoroughly rinse and Do not use calcium chloride or calcium chloride neutrallze the working surface with a 1%ammonia based mixtures in Deep Patch. solution. . Drying time depends on weather and patch Prior to applying the material,the entire area should thickness, be flooded with water and checked for depressions of ' DO NOT ADD WATER; Adjust viscosity by 1116"or greater. These areas should be marked with adding more Deep Patch. chalk to show where the patches should be placed. • Cracks will reappear. a Fresh hat mix asphalt surfaces continue to move PATCH P IMER for several months,and any acrylic modied concrete patch may have a tendency to crack as To prime area for patching,mix one part Deep Patch the substrate moves. with two parts water,brush over the entire area and • If you experience white staining over the patched allow to dry. area, you are probably using too much concrete In the mix. INSTALLATIQN • Store in a cool, dry environment. The surface upon which LAYKOLD Deep Patch Is to WARRANTY be applied must be free of dirt, loose and flaking paint,vegetation,chemical or oily residues or any nPTwarrants In,howl a to ertes be wheof n anuraco mrinq defects,andand toi other substances that might Inhibit good adhesion. mast punca with ptha AS groped APT sl n 0ordS,applied'MIS ,and lasted Ha g acccrdarwa wnh ma psrnn end APT standeMs, Tnb warranty is In Iku Mechanically roughening the areo will aid In wall warranties expressed or Implied Including ary MOW adhesion,and should be done If the area Is too merchantabllltyornlneas for apsrticulerpurposelnwnrxctionwdhthis smooth. product Reiner sal1w nor suppllar shall ba tabla far any loos or damage ether diraot,ftlfthhd orwnxquerdlal W9WTIWss wlegal . iCt Do not mix more material than can be laced In 15 g1ea`r.ems'Ind awppalng tlegligengrdce,merchantability to plowand a h p Jlabillry. Seller'.anP ouppllere obllgerlpn shall be to rcpl u 6sx hell minutes. A trowel or straightedge should be used to gwntity of product rDVen to be defecIlyk 8016re using, apply material.Should thematerial become stiffwhile doranninoaultabittyof product tor tire intended uee and near aeeum" working,dip tool In clean water for easier working, all sk In connawan fnwawdh. Edges of the patch should always*be"feathered'so ADVANCED POLYMER TECHNOLOGY there is a smooth transition at the edge of the patch. 109 CONICA LANE, PO BOX 160 Itl$sometimes necessary to use a coat of Acrylic HARMONY, PA 16037 Resurfacer mix to blend in the patch. TEL(724)452-1330 FAX(724)452-1703 www.advpolytech.com For thin patches of 318"or less: Premix 5,gallons dry, www.st soorts.com 90 mesh silica sand with 1 gallon of Type 1 Rev.3/03 2 • e LAYKO L D® ' ACRYLIC RESURFACER PRODUCT DESCRIPTION MIXTURE ' LAYKOLD Acrylic Resurfacer is'a 100%acrylic- •55 gallons of Acrylic Resurfacer based emulsion blended with selected fibers and 600-800 lbs.of#604100 mesh silica sand fillers'to be used for smoothing rough pavements. •30 gallons of clean water Acrylic Resurfacer does not contain asbestos,lead or mercury. COVERAGE Acrylic Resurfacer when combined with silica sand is LAYKOLD Acrylic Resurfacer coverage is designed as an acrylic filler(resurfacer)coat for use approximately.05-.07 gallyd2(0.29-0.40 kg/m'or over new or existing asphalt and properly prepared 129.186 if/gal)periiapplication of undiluted material, concrete surfaces. . Coverage may vary;depending on pavement porosity or texture. $VRFACE PREPARATION Existing surface shall be clean,free from all dirt,dust LIMITATIONS and foreign debris,and shall be dry, New asphalt Do not apply wh n temperatures are below 50'F and concrete should be allowed a 30-day curing g period before applying any coatings. If Acrylic (10°C)or when rain is imminent. Resurfacer Is to be applied over concrete,please • Po not allow to freeze. refer to the LAYKOLD Epoxy or Acrylic Concrete • Do not over dilute with water. Primer technical data sheets. • Drying time of 2-4 hours depending on weather conditions. I Prior to application of any coatings,the entire area • Store In a cool,dry environment. should be flooded With water and checked for depressions of 1/16'or greater. Depressions shall be leveled using LAYKOLD Deep Patch or LAYKOLD CSM(depression filler mix).Refer to the individual technical data sheets for mixture and application details. . Acrylic Resurfacer may also be used to fill very minor depressions(1/8"or less)by mixing 1 part of Acrylic Resurfacer to 1 part#604100 mesh silica sand. Only add a small amount of water,if necessary,to achieve workability, WARRANTY INSTALLATION APTwarrants Its prodUgM to be free of manufacturing defects and to meet published physical properties when applied,cured, . Once patching Is complete, 1-2 applications of and tested in accordance with the ASTM and APT standards. LAYKOLD Acrylic Resurfacer shall be applied to the This warranty Is in lieu of all warranties expressed or implied surface. Including any warranty of merrhantabllHy orlitness for a partloular purpose in connection with this product. Neither When adding water and silica sand,the Acrylic seller nor supplier shall is liable for any Iese or damage either Resurfacer must then be mixed thoroughly until the direct,incidental or consequential regardless of legal theory material is consistent, asserted,Including neglrgeltoe,merchantability and for strict liability. Seller's and suppliers obligation shall be to replace such quantity of product proven to be defecilve. Before using, The amount and size of the sand may be varied to user shall determine suhablllly of product for the intended use - achieve different textures and filling properties. A and user assumes all risk in connection therewith. larger sand will have greater filling properties. The mixed product shall be applied to the surface ADVANCED POLYMER TECHNOLOGY using a soft.rubber squeegee. The finished surface 109 CONICA LANE, PO 13OX 160 shall have a uniform appearance and be free of HARMONY,PA 16037 ridges and tool marks. If more than 1 application is TEL(724)452-1330 FAX(724)452-1703 applied,the 2nd application should be pulled at a www.advoolvtech.cdm 900angle to the 1st application. www.sli-soorts.com Rev.3/03 2. LAYKOLD® e ACRYLIC CONCRETE PRIMER PRODUCT DESCRIPTION LAYKOLD Acrylic Concrete Primer is a high strength LIMITATIONS acrylic primer designed to improve the adhesion of LAYKOLD acrylic coatings to concrete surfaces. • Do not apply when temperatures are below 50°F Acrylic Concrete Primer is a concentrated material (10°C)or when rain is imminent. that Is diluted at the jobsite. Acrylic Concrete Primer • Do not allow product to pool or puddle in low is a clear,pale blue color. spots, • Allow product to cure a minimum of 2 hours SURFACE.PREPARATION before applying any coatings. • Concrete slab should be installed with vapor Existing surface shall be clean,free from,all dirt and barrier and should not have any curing agents foreign debris,and'shall be dry. New concrete applied. should be allowed a 30day curing period before • Store in a cool,dry environment. applying any coatings. All surfaces must be structurally sound with any unsound material(s) removed by chipping or scarifying. Oil and other contaminants should be removed by solvents or acid etching,and all resultant residue thoroughly removed. When acid etching,thoroughly rinse and neutralize the working surface with a 1%ammonia solution. INSTALLATION In some instances,it may be necessary to lightly prime an area prior to coating regular surfacing materials on concrete, APT manufacturers an Epoxy. Concrete Primer which should be used on concrete surfaces where hydrostatic pressure,efflorescence, staining or other problems are possible. See Epoxy Concrete Primer technical data sheet. WARRANTY In areas where a primer is desired,but adhesion or APT warrants Its products to be fife of manyracWTing defects staining is less critical,one part Acrylic Concrete and to meet published physical properties when applied,cured, Primer may be diluted with two parts water,and and tested In accordance with the ASTM and APT standards. applied as a primer over the entire area with a brush. This warranty is in lieu ofall warranties oxpressod or implied roller,or squeegee. Be careful to fully coat the including any warrant'of momhantabAlty or Mass for e surface fillip all voids but do not allow-material to particular purpose in connection with this product. Neither 9 seller nor supplier shell be liable for any loss or damage either pool in low spots. Allow the primer to dry before direct,incidental or consaquantlal rogardlaaa of legal theory proceeding with patching. asserted,Including negligence,merchantability and/or strict liability. Sellera and suppliers obligation shall be to replace COVERAGE such quantity of product proven to be defective. Before using, user shall determine suitability of product for the Intended use Acrylic Concrete Primer covem is approximately and user assumes all risk in connection therewith. .025 gallydz(0.12kglm'-360 ft`/gal)per application. Coverage may vary depending on concrete porosity ADVANCED POLYMER TECHNOLOGY and texture. - 109 CONICA LANE,PO BOX 100 HARMONY,PA 16037 TEL(724)452-1330 FAX(724)452-1703 www advoolytech.com www.sll-soorts.00] Rev 3/03 3. e LAYKOLD C O LO RCOAT may be varied to achieve different textures and filling CONCENTRATE properties. A larger sand will slow the speed of play, The mixed produdlshall be applied to the surface PRODUCT DESCRIPTION using a soft,rubber squeegee. Two'(2)applications of ColorCoat,minimum,are necessary and should be . LAYKOLD ColorCoat Concentrate Is a wear- pulled at 900 angles, The final coat should be pulled resistant, 100%acrylic emulsion consisting of brilliant parauel to the net. pigments and quality polymera that are blended into , a highly concentrated form. ColorCoat Concentrate TEXTURE COLORCOAT MIXTURE does NOT contain any asbestos,lead,or mercury. a 55 gallons of ColorCoat Concentrate An excellent advantage of the ColorCoat Concentrate a 400-500 Ibs,of#704.100 mesh silica sand product,is that it can be used for both the texture and a 45.50 gallons of'Iclean water finish coats, by job-mixing with water and/or silica l sand to achieve the desired surface texture and FINISH COLORCOAT MIXTURE 'speed of play, a 55 gallons of ColorCoat Concentrate LAYKOLD ColorCoat Concentrate can be applied to a 50-55 gallons of,clean water asphalt or properly.prepared concrete for the protection and beautification of many recreational COVERAGE surfaces,including tennis courts, basketball courts, Texture coat coverage is approximate) A4-A5 playgrounds,handball courts,paddle tennis courts, gill(0.23-0.29 l lmZ-180-225 f tlgal)per etc. application of undiluted material. Colorcoat Concentrate Is available in seven(7) Finish coat coverage is approximately.03-,04 gaVydZ standard colors: Dark Green, Medium Green,Red, (0.17-0.23 kg/mz-2,25-300 fF/gal)per application of Dark Blue,Beige,Gray,and Burgundy. Other colors undiluted material. ,are available upon request. Coverage may vary depending on pavement porosity SURFACE PREPARATION and texture. Existing surface shall be clean,free from all dirt,dust LIMITATIONS and foreign debris,and shall be dry. New asphalt and concrete should be allowed a 30-day curing • Do not apply when temperatures are below 50OF period before applying any coatings. If ColorCoat (10°C)or when rain is imminent, Concentrate is to be applied over concrete,please • Do not allow to freeze. refer to the LAYKOLD Concrete Primer technical data • Do not over dilute with water. sheet. • Drying time of 2-4 hours depending on weather conditions. Prior to application of any coatings,the entire area • Minimum 1 hour to rel should be flooded with water and checked for • For indoor applications,sand should NOT be depressions of 1/16"or greater. Depressions shall added to the final coat. be leveled using LAYKOLD Deep Patch,or • Store in a cool;dIY environment. LAYKOLD CBM(depression filler mix). Refer to Indlviduattechnical data sheets for mixture WARRANTY application details. I APT warrants its products to ba rreo of mahuhcturing dehch and to Once patching Is complete, 1-2 applications of treat published phyarcel properties when applied,cured,and tasted In LAYKOLD NuSURF,Acrylic Resurfacer or Asphalt (fall warr`�al xppr�d'lo it mp�including any arrnil This *of ty la w Ileu Resurfacer,as specified,shall be applied to the matchantability or fitness for a pardculor purpose N connection vAth this surface. Refer to the individual technical date sheets product. Nenhar"liar norsuppler shall beliabierfforranylcecor . for mixture and application details, dal aassero�,`iodudi including negligence,neg mnerrchaar uadteblrny`and la Ndiq, Please note that re3UrfaCer Goal may NOT be liability. Sollaea and ouppIW3 01A "an shall be to replace such . y guaMlry of ptoduct proven to be deefeecthro. all using,user shall necessary over previously coated surfaces that are in determine suitability of product for did intended use and user assumes good condition. all Halt IQ connecti000 tharewitlr. INSTALLATION ADVANCED POLYMER TECHNOLOGY 109 CONICA LANE, PO BOX 160 When adding water and/or silica sand,the CalefCDat HARMONY,PA 16037 Concentrate must then be mixed thoroughly until the TEL(724)452-1330oolvtech FAX(724)'452-1703 tent:material Is consis The amount and size of sand.' www.adv .corn www.sti-spgrts.com Rev.3/03 .LAYKOLDO LsOk Ad" WHITE LINE PAINT PRODUCT DESCRIPTION LAYKOLD White Line Paint Is a water-based, 100%acrylic emulsion line marking paint- White Line Paint contains no solvents or oils that tend to attack the underlying surface causing cracking or crazing. Line Paint is available in both textured(with silica sand)or regular(without silica sand)and in 1 gallon(4.8 kg)or 5 gallon(24 kg)units. LAYKOLD White Line Paint contains NO asbestos,lead,or mercury. LAYKOLD White Line Paint Is used for marking lines over color coating materials on tennis courts,basketball courts, and other recreational surfaces. White Line Paint may also be used directly over asphalt surfaces. SURFACE PREPARATION Existing surface shall be clean,free from all dirt,dust and foreign debris,and shall be dry. Now asphalt and concrete should be allowed a 30 day curing period before applying any coatings. INSTALLATION Wait approximately 24 hours after applying color coatings, before applying White Line Paint. For indoor Installations, wait until color coating materials are thoroughly cured. Mix LAYKOLD White Line Paint completely before applying. Do NOT add water. Tape and measure lines in accordance with the United States Tennis Court&Track Builders Association specifications. Brush or roll line paint in 1-2 Coats,as specified.To improve crispness of the finished line, prime the tape,prior to application of the line paint,with the same finish color coat material in which the surface has been coated. WARRANTY G VERAGE APT warrants its produCta to be free of manufacturing defects and to meet published physical properties when applied,cured,and tasted in LAYKOLD White Line Paint coverage is approximately.75- accordance with the AM and APT standards. This warranty Is in lieu 1 gallon(4.6 kg)of line paint per standard size teens court. of all warranties exproccod or Implied including any warranty of merchantali llty or fitness for a particular purpose.in connection with • thin product. Neither seller nor supplier shall be liab)e for any loss or LIMITATIONS damage either direct,incidental or oomequential regardless of legal theory asserted,Including negligence,merchantability and for strict • Do not apply when temperatures are below 50°F . lisblllty. Sellers and supplier's obligation shall be to replace such 10°C or when rain Is imminent. quantity of product proven to be defective. Belem using,user shall (( ) determine suitability of product for the Intended use and user assumes . Do not allow to freeze. all risk in connection therewith. • Do not dilute. Drying time of 2-4 hours depending on weather ADVANCED POLYMER TECHNOLOGY conditions: 109 CONICA LANE, PO BOX 160 • Store in a cool,dry environment. HARMONY, PA 16037 TEL(724)452.1330 FAX(724)452-1703 www advoolvtech.com wwW sti-sborta Cam Rev.3/03 J M E M O R A N D U M DATE: March 29, 2004 TO: Mari Lynn Boswell, Administrative Secretary Procurement Office FROM: Kathie Hart, Interim Chief Deputy City Clerk Office of the City Clerk RE: Taylor Tennis Courts Tennis Court Resurfacing CP2003-12, A4848 cc: File I am returning three signed copies of the above referenced agreement, along with the payment and performance bonds. We have retained one original for our files; the rest should be distributed by your department. Let me know if you have questions, ext. 8206 of 9ArM SAS City of Palm Springs ^ OFFICE OF PROCUREMENT & CONTRACTING C'44,FOVt MEMORANDUM To: Office of City Clerk From: Office of Procurement & Contracting Subject: Taylor Tennis Courts -Ruth Hardy Park Temiis Court Resurfacing Date: March 25, 2004 Attached are the following documents: ✓ V)Contract Abstract vV�sets of Contract documents executed by Contractor and notarized il performance Bonds (4) i /v Original Payment Bonds (4) r vG/onfirmation of status of surety company(Surety Company of the Pacific) vConfirmation of status of contractor's license �riginal Bid 116opy of"Official Check"which represents payment in lieu of bid bond 0/ V& copy of Specifications vCertificates of Insurance for the required policies I/ VConfrrmation of status of insurance carrier. Copy of Extract of Public Works Contract Award (no-1 Leo 6bt re-,d Z4,`1 � xb�zs� v opy of Bid Result Check List Copy of Bid Abstract H:\USERS\WPPUELIC\CONTRACT PROCESSING\Clerk Transmittal International Pavingwpd.wpd 03/t,l/0y @ I(??rr � '-t ntiKedL CONTRACT ABSTRACT Contract Company Name: Taylor Tennis Courts Company Contact: James or David Taylor Summary of Services: CP#03-12, Ruth Hardy Park Tennis Court Resurfacing Contract Price: $24,430 Funding Source: 261-2492-51522 Contract Term: One Year Contract Administration Lead Department: Public Works& Engineering Contract Administrator: David Barakian/ George Farago/Pete Agres Contract Approvals Agency Approval Date: City Manager Approval n/a Agreement Number: TBD Contract Compliance Exhibits: ,N/% Signatures: Insurance: Bonds: Contract prepared by: Submitted on: '. / ` 'JC' By: PUBLIC WORKS CONTRACTS BID RESULT CHECK LIST EINDAPP : OUNT City Proiect No: �3-Ia DATE Dates Published: 70-M(M4 13 �0q Y ❑N ❑ Bid Date & Time: FeAg u0_'CW 3 1200q 0 or DM PROJECT: 1I "o_vdu Pa rkTex�niS Cmvi &c)ur�a(6nq *SUCCESSFUL: 1. \IInrT2nniSl[X1tTS 6. 2. F Anctelk T.nnis l!lxrfs 7. 3. NA_&rniaj Su� IIG s. a. PftULt a-maSker S CkS s. 5. 10. INCOMPLETE SIDS: 'Non-responsrvel WHY: CONTRACTOR BACKGROUND CHECK: >tlf�f�`j'iYitisYa�?>�iYt �?Sri�lkni }±} Required? Y El"N ❑ (ATTACH IF REQUIRED) Affidavit of Non-Collusion Signed & Notarized? Y ❑ N CY Information required of bidder page completed? Y 0'�N ❑ Type & Amount of Insurance Required: rt�\{'flS2. _CP_eakic C_hed (ATTACH AMOOM9 ARE SPECIFIED) Contractors License No. Type(s) 1��1-I Status P1ifra CiAd ac+iye— No. of days to complete work 15 Working ✓ Calendar Estimated Start Dater Y I I i I �� Estimated Completion Date: l�)Y� l as, � No. of days in which to execute contract after Notice of I l -Award (date City Clerk transmits contracts for execution): i� Gi Ves) 7,t— C�(l M S Davis-Bacon Exhibits (Specify Exhibits to be completed by Contractor?) Any Addenda? Y ❑ N [J No. Addenda Signed by Contractor? Y ❑N ❑ BONDS: PERFORMANCE BOND 100 % PAYMENT BOND Ioo % CORRECTION REPAIR BOND 0 % BID BONDS: BLANK BID SPECS. Successful Bidder: CASHIERS CHECK? Y ❑ N ❑ DEPOSITED IN T & A? Y ❑ N ❑ Five (5) extra sets of bid specifications for contract execution Unsuccessful Bidders: CASHIER'S CHECKS? Y ❑ N ❑ DEPOSITED IN T & A? Y ❑ N ❑ Attached: Y ❑ N ❑ Which Contractor(s): El Provided Previously DO SPECS & AGREEMENT FORM REFERENCE: Public Contracts Government Code Sec. 22300 Y Er N ❑ Labor Code 1777.5 Y Q N ❑ Labor Code 1776 Y [T N ❑ California Standard Specifications EDITION Standard Specifications for Public Works Construction EDITION DATE: 0")Axa IC)Lt BY: CQr o 1 rr1�w�� liYI(� DEPT: P'mLtc, WCf0S �f1�InPQF lVi� y' ^ VENDORS&AMOUNTS BID VENDORS &AMOUNTS BID BID ABSTRACT �h 22 DUE ri �• Q�.d � �Z DATE,:'% 'DING TO: U HGC Ho / , NTITY COMMODITY ITEM# 3 o� c5z c � 00212 1I-24 --- ��CeAu# -T2J0(3) OFFICIAL CHECK 00 1202984 , '�OP-14tor I-D cu024600 cu0210B6' .. - - _ , PAY TO THE ORDERO . brua02;2004. .ery� PS � ***Two thorasand,four hundred forty-three dollars and no cents*** **$2,443.00** WELLSFARGO 420 MONTGOMERY VOID'IF OVER US$ .2,4 3.00.. k 5AN FRANCISOO CA - PAYABLEATWEiLSFFiRGOBANK FOB IjJpl11RIE5 CALL CONTROLLER i 110002L20298411' 1: 1210002484LaC3L 505337u■ 1 � Procu•t�m ems.° � C Tr,cC,F F'RLm 5F`N,NG9 PEND BY- Mt ,Tr GIOM PAY'DP." TAYLOR TENNSS CRT5 l MDAY''S DATE. 02.123/U4 REE STER DAEE� 021H/04 TIME- i1�38.24 DESCRiPTSDi1 "'MUN TRIJET 111 11E101 s ,qAe„DO TOTAL DUE; $2,443.00 CNECI' PAID; s2.443M CHECK NIA; 21202°04 i i'I:f4PEF'FI; r �4A3,nC� CF�taNGE; $,OJ I V { P A RD CERTIFICATE OF LIABILITY INSURANCE 03/12/20041 - PRODUCER (310)328-3622 FAX (310)328-6054 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Post Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR License #0551220 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2356 Torrance Blvd. Torrance, CA 90501 INSURERS AFFORDING COVERAGE NAIC# INSURED Taylor Tennis Courts Inc INSURERA NIC Insurance Company 1250 N. Laloma Circle INSURBRB Anaheim, CA 92806 wsURERc. INSURER D'. INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDINC ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE(MMIDDNYI DATE GENERALLIABILITY GS308780 11/08/2003 12/02/2004 EACH OCCURRENCE $ 1000000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50000 CLAIMS MADE M OCCUR MED EXP(Any one person) $ 5,000 A PERSONAL&ADV INJURY S 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2000000 PPOLICY ECTRO LOC AUTOMOBILE LIABILITY GS308789 11/08/2003 12/02/2004 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ A X HIREDAUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Par accldenO GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY. AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE S OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE S RETENTION S $ W C O STATU- TH- WORKERS COMPENSATION AND EMPLOYERS'LIABILITY E L EACH AGGI DENT $ A^:)'PROPRIcrOPrPARTD!EW'EXECIITIVE -- —__ — -__ __ - - - _ ___ _ _ _ --__ - - - ------ OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE $ Il yes,descnbe under EL DISEASE-POLICY LIMIT $ SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/YEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS REF: Ruth Hardy Park Tennis Court Resurfacing; City project #03-12 ert holder is addl insured on gen liability per attached endorsement 0 day cancellation notice except nonpay/nonreporting which is 10 days CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILLENDEAVOR TO MAIL City of Palm Springs 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Dept of Procurement & Contracting BUT FAILURE TO MAIL SUC NO ICE SHALL IMPO�SF�N\O OBLIGATI NOR LIABILITY 3200 E. Tahqultz Canyon Hwy OF ANY KIND UPON THE INS RE ' ITS AGENTSOR REQRESENJ ES. / Palm Springs, CA 92262 AUTHORIZED REPRESENTATIVE mwk�U ACORD 25(2001/08) ©A ORb CibRPORATION 1988 E BLAA IET ARIA I I-ONAL NSURFD - NEIRS, LESSEES OR CO tRAC T ORS Tiris endcrsemeni modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE TAYLOR TENNIS COURTS , INC GS308780 Marne of reason or Organization_ Any person or organization that the named insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy; provided the Company is notified in writing within 30 days of the inception of the contract or agreement, or the inception of this policy, whichever is later. i (If no entry appears above, information requred to complete this endorsement will be snown in the Decdaratians as applicable to this endorsement.) Ae Section I1 — Who is An lnsurad is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization shown in the Schedule is held liable for your acts or omissions arising out of your ongoing operations performed for that insured. B, With respect to the insurance afforded to these additional insureds, the following exclusion is added. 2. EXclusions his insurance does not apply to "bodily injury" or "property damage" _ - occurring after: (1) All won<, including materials, parts or equipment furnished in connection with such wor',c, on the project (other than service, maintenance or repairs) to be performed ny or on behalf of the additional insured(s) at the site of the covered operations has been completed; or { ) That po tion of"vour work" oui of which the injury or damage arises — ;gas eon putto its iniertded ucv by any person or-organization other Than another contractor or subcontractor engaged in performing operations for a principal as_a part of the same project. C. 'I he vvcrds "you" and "your' refer to the (Named Insured shown in the Deciarations. Lae - cur yvGrfC ,means wGrk or operations ne;formed by you or on your behalf; ano aier ials, ,parts or equipment -furnisnea ,n connection with such worjc or operations. A,,IF 0,3 (9/2003) 03;12/2004 16:12 900-434-8053 TARGET INSURANCE PAGE 01/01 -MC-0-RACERTIFICATE OF LIABILITY INSURANCE 03/12/2004 03/12/2004 PRODUCER (800)450-80.13 FAX (800)434-8053 ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Targe'C F I nano is I & 1115urance Services ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE L t tense80743582 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED,f3Y THE POLICIES SELOW, 6630 Flanders Drive San Diego, CA 92121 IiN$URERS AFFORDING COVERAGE IJAIC 9 INsURED Taylor Tennis Courts, Inc. ' inaURERA: Clarendon National Insurance 31441 Santa Margarita Pkwy INSURERS: Rcho Snta Margarita, CA 92688 INSURER C: INSURER O: !INSURER E: COVE ES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDIN( ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER,DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AUDI TYPE OF INSURANCE POLICY NUMBER POLLIICcY'EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIASILITY ^ �� iI�TF MA1/pl EACH OCCURRENCE b COMMERCIAL GENERAL LIABILITY D,eMAGE TO RENTED y n ES-(F*..n rcn�nL• CLAIMS MADE E OCCUR MED EXP(Any ona paron) S PERSONAL G ADV NJURY S GENERALAGGREGATE 5 GENT AGGREGATE UMITAPPLIEP,PER PRODUCTS�DONIP/OP AGG S pOLDY Ej JECY 7 Lac AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea eccloo,t) 5 ALL OWNED AUTOS '^" BODILY INJURY SOM50ULFOAUTOS (P#rporon) S HIRED AUTOS BODILY INJURY NCN•OWNEDAUTCS (Poroccid6m 5 PROPERTY DAMAGE S (Per ocddont) OARAGE LIABILITY AUTOONLY•EAACCIDENT 6 ANY AUTO OTHERTHAN EAACC 5 AUTO ONLY; AGO 5 EXCESSNMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE 6 b DEDUOTIBLE S _ RETENTION S b WORKERS COMPENSATION AND 02KROO27632 02/23/2004 OZ/23/2005 wcsu-ru- oTla_ S EMPLOYERS'UAEILITY . A ANY PROPRIETORMARTNEWEREOUTIVE E.L.EACH ACCIDENT S 1 ,COO,DOO OFFICERIMEM6 R EXCLUDED? E.L.DISEASE-EA EMPLOYE E 1 ,COO,000 Jr y0N.do,unbe unoar SPECIAL PROVISIONS hnlow E.L.DISEASE•POLICY LIMIT 5 1 ,000,000 pTHER .. DSSCRIPTION OP OPERATIONS I LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDUR.LMENT l SPECIAI PROVISIONS Verification of Covarage 6,: Ruth Hardy Fork Tennis Court Resurfacing, City Project *03-12 CERTIFICATE HOLDE CANCELLATI N ,SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIDN DATE THEREOF.THE ISSUING INSURER WILL ENDEAV DR TO MAIL -_DAYS WRI'REN NOTICE TO HE CERTIFICATE HOLDER NAMED TO THE LEFT City of Palm Springs •bUT FAILURE iD MAIL SUCH ESHA IMPO RueATI0N OR LIABILITY 3200 TalTquitz Canyon Way OPANY KIND UPON TFID- u ER ITS BENY�O EPRE5ENTATIVES, Palm Springs, CA 02262 II AUTHORIZED REPRESEN IVE ` F ACORD 25(2nollo8) FAX (760)322-8372 (DACORD CORPORATION 1998 rr. .