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Home My WebLink About04815 - DBX RACQUET CLUB AVENIDA CABALLEROS TRAFFIC SIGNAL CP02-17 CITY OF PALM SPRINGS CALIFORNIA P.O.Box 2743,Palm Springs,California 92263,(760)323-8253 Department of Public Works and Engineering NOTICE OF ACTION FOR: ■PUBLIC AND/OR ❑PRIVATE EvIPROVEMENTS TO: DBX,Incorporated ACCEPTANCE DATE: April 22,2004 42066 Avenida Alvarado,Suite C PROJECT: CP#02-17,Racquet Club Road and Temecula,CA 92590 Avenida Caballeros Traffic Signal Installatio❑ AGREEMENT NO. 4815 MINUTE ORDER NO. 7428 This is to inform you that a Notice of Completion has been filed and recorded on the above-named project. PUBLICBvIPROVEMENTS 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. Traffic Signal Location: Racquet Club Road at Avenida Caballeros C.P.S.Drawing No(s). Permit No. 13198 Contractor(s)actually doing the work DBX.Incorporated,and JP Striping Notify your bonding company/bank to release the following bonds: No. 836876P in the amount of $119,009 Performance 05IM O5 No. 836876P in the amount of $119,009 Payment D b O 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: Developers Suretv and Indemnity Co. Comments: FINAL CONTRACT AMOUNT: S 119,009 Submitted by:—Pk J'�� Dated: S- "!-0 Street Maintenance Manager Approved by: 4 f,l Dated: 7 Director of rublic Works/City Engineer Distribution-Original to Engineering Project File,Copies to Addressee,City Clerk,Engineering NOA Binder,Street Maintenance Manager,Building,and Facilities Index No.0406 DOC a 2004-O341194 05/07/2004 08:00A Fee:NC Page 1 of 1 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk d Recorder Recording Requested When Recorded Return yTond I IIIII IIII I IIII IIII IIIIII IIIII IIIIIII III IIIII III IN City of Palm Springs Attn: City Clerk M $ U PAGE SIZE DA PCOR NOCOR SMF MI G � P.O.Box 2743 A Palm Springs, CA 92263-2743 `rt '✓'�-` L?o J" e criccL GOI li S1' A R L COPY LONG REFUND NCHG E% NOTICE OF COMPLETION NOTICE IS HEREBY given that: 1. The City of Palm Springs, California, is a municipal corporation, organized and incorporated pursuant to the laws of the State of California. 2. The City Clerk of the City of Palm Springs is authorized and directed to execute,on behalf of said City,any and all Notices of Completion. 3. The address of the City of Palm Springs is City Hall, 3200 E. Tahquitz Canyon Way,Palm Springs,California (P.O. Box 2743,Palm Springs, CA 92263-2743). 4. The public work of improvement on the hereinafter referred to real property within the city was COMPLETED on the 22''day of April, 2004. 5. The name of the contractor(if named)for such work of improvement was:DBX,Incorporated,42066 Avenida Alvarado, Suite C, Temecula, CA 92590. 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:Racquet Club Road and Avenida Caballeros Traffic Signal Installation. 7. Nature of Interest: Fee Owner 8. The property address or location of said property is: Intersection of Racquet Club Road and Avenida Caballeros, Pahn Springs, CA. 9. City Project No. 02-17, Agreement Number: 4815,Minute Order Numbers: 7428 CITY OF PALM SPRINGS: REVIEWED BY: DATED: BY: C DATED: '.r� Director of Public Works/City Engineer David 1. Barakian PATRICIA A. SANDERS, being duly sworn, says: That she is the City Clerk of the aforesaid City of Palm Springs, California, the corporation that executed the foregoing notice; that she makes this verification on behalf of said corporation; that she has read the foregoing Notice of Completion,and knows the contents thereof,and that the facts stated therein are true; th as s ' C't C erk, she makes this verification on behalf of said municipal corporation City Clerk -Patricia A. Sanders WP:clr/Ap612004 Index No. 0604 DBX Traffic Signal CP02-17 AGREEMENT #4815 M07428, 1-7-04 AGREEMENT THIS AGREEMENT made this day of 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 DBX, Inc. hereinafter designated as the Contractor. The City and the Contractor,in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 • THE WORK The Contractor shall complete the Work as specified or indicated under the Bid Schedules) of the City's Contract Documents entitled: RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION CITY PROJECT NO.02-17 The Work is generally described as follows: The removal of existing traffic signal poles and equipment, and installation of new traffic signal poles, electrical system, controller equipment, and associated improvements;traffic striping and signage; 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 lass if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with the applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty),the Contractor shall pay the City the sum of $425.00 for each calendar day that expires after the time specified in Article 2, herein. ARTICLE 3--CONTRACT PRICE ($119,009 The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid and Bid Schedule(s). ARTICLE 4--THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers 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. RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION AGREEMENT FORM PROJECT NO. 02-17 AGREEMENT AND BONDS-PAGE 1 11/25/03 ARTICLE 5--PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with provisions of the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the Engineer or the City as provided in the Contract Documents. ARTICLE 6--NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid,to the last business address known to the giver of the Notice. ARTICLE 7--MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications as amended by the Special Provisions will have the meanings indicated in said Standard Specifications and Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. � APPROVED BY THE CITY COUNCIL: TEST: Cl OF PA S RI i S C'-AL41ORNIA Minute Order No. C� Date By � ity Clerk Agreement No. 4 APPROVED AS TO FORM: By Agreement ovedu3rftr $2.5,000 5 City Attorney Reviewed and approved by Date �11! Procurement & Contracting CONTENTS APPROVED: lfghda',S C--' .Dates P.O. Numb By City Engineer Date City Manager\ / Date RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION AGREEMENT FORM PROJECT NO. 02-17 AGREEMENT AND BONDS - PAGE 2 1 1/25/03 e ..n'J .. •��. a —. _ _.. [, � .. k....,...�.._.,..._ _.,...,,..... _. _ ........�... -.. �.�„S�.i �..� CONTRACTOR: Check one:^Individual _Partnership X Corporation Corporations require two notarized signatures: One from each of the following: A. Chairman of Board, President, or any Vice President AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer. By ( � By SI J ATURE NOTARIZED SIGNATURE NOTARIZED Name: JIM PERRY Title: PRESIDENT & SEC/TREAS Title Address: 42066 Avenida Alvarado #C Address: Temecula , CA 92590 State of State of County of County of On before me On_before me personally appeared personally appeared personally known to me(or proved to me on personally known to me(or proved to me on the basis of satisfactory evidence)to be the the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to the within instrument and acknowledged to me that he/she/they executed the same in to me that he/she/they executed the same in his/her/their authorized capacity(ies), and his/her/their authorized capacity(ies) and that by his/her/their signatafe(s)on the that by his/her/their signature(s)on the instrument the person(s), or the entity upon instrument the person(s), or the entity upon behalf of which the person(s)acted, behalf of which the person(s) acted executed the instrument. executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature Notary Signature Notary Seal: Not Seal: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On 01 /20/04 before me, PHYLLISSA G. MAYNOR - NOTARY PUBLIC personally appeared IIM PERRY , 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 capacities, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. PHYUISSA G. MAYNOR Comm[csion#1a707i3 z Notary Public-Captorri<a Rive county ACcnn.50eAWlilt.2D4u Signature of Notary Public ------------------------------------------------------------------------ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title of Type of Document: ----------------------------------------------------------------- Document Date: ------------------------------- Number of Pages: ------------------------- Signer(s) Other Than Named Above: -------------------------------------------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: Jim Perry ❑ Individual O Corporate Officer Title(s): PRESIDENT AND SECRETARY/TREASURER ❑ Partner ❑ Attorney-in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: DBX. INC. 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. RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION PROJECT NO. 02-17 COVER SHEET 11/25/03 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: RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION CITY PROJECT NO.02-17 Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond, and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged): Number Date Number Date Number Date Number Date Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of California Labor Code Section 1860, at seq., the undersigned confirms the following as its certification: I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). Dated: 1+�-�� Bidder: n C By: (Signature) Title: RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION BID (PROPOSAL) PROJECT NO. 02-17 BID FORMS-PAGE 2 1 1/26/03 BID SCHEDULE Lump Sum Price for Construction of RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION CITY PROJECT NO. 02-17 In Palm Springs, California Description Racquet Club Road and Avenida Caballeros traffic signal installation, complete and in place as shown on the plans, including, but not limited to: installation of new traffic signal poles, luminaires, IISNS equipment, mast arms and associated equipment, including foundations; installation of a new Type III- AF traffic signal electrical service, cabinet and foundation; installation of conduit and pull boxes, and coordination with Southern California Edison as required to provide service to the new traffic signal and as required to de-energize, remove and relocate existing street safety (marbelite) light poles; installation of a new traffic signal controller, cabinet and foundation; installation of new pull boxes, conduit and conductors; removal and replacement of existing, and construction of new concrete sidewalk and access ramps, as required; traffic striping and signage; traffic control; and all appurtenant work. NOTE: The City will furnish all traffic signal poles, mast arms, and street light luminaires. All other appurtenant traffic signal equipment (anchor bolts, vehicle and pedestrian heads, controller assembly and cabinet, service pedestal and cabinet, and associated equipment) shall be furnished by the Contractor. TOTAL BID PRICE - FOR BID SCHEDULE For the lump sum price of: $ �',(x),cA 7 (Price in figures) 0, n i n e kr en -( � L 4Srsmr� i)tee c L (Price in words) YA 'ZC ro c _eTzV=a Name of Bidder or Firm RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION PROJECT NO. 02-17 LUMP SUM BID SCHEDULE 11/25/03 BID FORMS-PAGE 3 INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100, et seq., of the Public Contract Code, the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, or $10,000.00, whichever is greater, and shall also list the portion of the Work which will be done by such subcontractor. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. Contractor's Percent License of Total Work to be Performed Number Contract Subcontractor's Name & Address 2. 3. 4. 5. 6. 7. 8. RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION PROJECT NO. 02-17 LIST OF SUBCONTRACTORS 11/25/03 BID FORMS-PAGE 4 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of 6 MS,jh ) I, �I rl t C� being first duly sworn, deposes and says that he or—she is of tD)U' -k"C_ , the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her Bid price, or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid. Bidder By � m Title I(; -ej i Organization "YI Address L L�p�Q l�yenlc A)ycu'Y,to en O1-a-5clo RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION PROJECT NO. 02-17 NON-COLLUSION AFFIDAVIT 11/25/03 BID FORMS-PAGE 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On 12/16/03 before me, PHYLLISSA G. MAYNOR - NOTARY PUBLIC personally appeared IIM PERRY , 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 capacities, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. PHYWSSA G. MAYNOR Commission,01DO713 It Notary P.rt m-CoffirInio z RIMMIC coMty MyG.ortm.FxomSFaaj31,�""rP. 44 Signature of Notary Public ------------------------------------------------------------------------------------------------------------------ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this Form to another document. Description of Attached Document Title of Type of Document: _______________ __ __------__------_---_--_ Document Date: _______________________________ Number of Pages: ___ __---_--_ Signer(s) Other Than Named Above: ______ __________________ _______________________________ Capacity(ies) Claimed by Signer(s) Signer's Name: lim Perry Cl Individual ❑X Corporate Officer Title(s): PRESIDENT AND SECRETARY/TREASURER ❑ Partner ❑ Attorney-in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: DBX. INC. BOND # 21867 PREMIUM NIL RID BOND KNOW ALL MEN BY THESE PRESENTS, That T. DBX, INCORPORATED a5 Contractor, and DEVELOPERS SURETY AND INDEMNITY COMPANY _ as Surety, are held and firmly bound unto the City of Palm Springs, hereinafter called the"City" in the sum of; __. TEN PERCENT OF AMOUNT BID (10�) dollar (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; RACQUET CLUB ROAD AND AVE NIDA CABALLEROS TRAFTIC SIGNAL INSTALLATION CITY PROJECT 02.17 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 Porm of Agreement bound with said Contract Mcuments, 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 STA day of DECE14BER 200 3. CONTRACTOR SURETY: DBX INCORPORATED _ DEVELOPERS SURETY AND INDEMNITY COMPANY (Check one: individual, __partnership, X Corporation) 13YA BY (NOTAw7ID) (NOTARZ®) DAVID L. CULBERTSON Pont Name and Title: Tdle ATTORNEY—IN—FACT M r�)r + (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURELY) By (NOTARIZED) Pont Name and Title: (C I,cr&lons mqulm two SignaturoS:aM 1=Yaoh IX the 1`011DW Ing 9WOV A.Chaim or Goad,Resident,W any Vice FCM.idmt;AND H.StYWwy,Assistant-WJ XXy.Tfe r&.ALa M;hga"Wer,or char Financ of Cnccto. RACQUET CLUB ROAD AND AVENIDA CABALU3= TRAFFIC SIGNAL INSTALLATION BID BOND(BID SEU RITY FORM) PROJECT NO.02-17 BID FORMS-PAGE0 11/25/03 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On 12/16/03 before me, PHYLLISSA G. MAYNOR - NOTARY PUBLIC personally appeared—IlM PERRY 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 capacities, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. wog WITNESS my hand and official seal. 4NhU55A G.#�13 Commtsslon COMOTio pyo ary Put]; �vmst CouniI z " yZh y µyCat+rn- _V signature of Notary Public ------------------------------------------------ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Titleof Type of Document: ----------------------------------------------------------------- Document Date: ------------------------------- Number of Pages: ---_-_--___---___--___-_- Signer(s) Other Than Named Above: __________________ ______________________________________ Capacity(ies) Claimed by Signer(s) Signer's Name: Jim Perry ❑ Individual O Corporate Officer Title(s): PRESIDENT AND SECRETARY/TREASURER ❑ Partner ❑ Attorney-in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: DBX, INC. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 12-8-03 before me, LEXIE SHERWOOD — NOTARY PUBLIC personally appeared DAVID L . CULBERTSON 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 the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal . LEXIESHERWOOD JwF: - ' COMM.4F 1311304 0;�;�,fi�"c....� %w NOTARY PU6LIC-CALIFORNI4 ORANGE COUNTY n sign u of Not dry ub is *<o•� COMM.EXP,JULY 27,2005'� 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. DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCENT NUAUER OF PAGES I DATE OF DOCUMENT I2-8-03 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(s) ❑ PARTNER(S) ® ATTORNEY-IN-FACT ❑ TRUSTEE (S) ❑ OTHER: SIGNER IS REPRESENTING: DEVELOPERS SURETY AND INDEMNITY COMPANY NAME OF PERSON(S( OR ENTITY(S) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE.CA 92623 (949)263-3300 KNOW ALL MEN BY TIIESE PRESENTS,that except as expl essay linuted, DEVELOPERS SURETY AND INDEMNITY COMPANY andl INDEMNITY COMPANY OF CALIFORN IA,do each,hereby make,constitute laid appoint' ***David L. Culbertson, Charles L. Flake, Diana Laskowski, Karen Chandler, Richard A. Coon, Lexie Sherwood, jointly or severally*** as their rue and Imvful Attoiney(s)-in-Fuca,to make,execute,deliver and acknowled!Je, For and on behalf ol'said corporations,as Sureties.bonds,undertakings and contracts of sutetyslap giving and granting unto said Altorncy(s)-In-Fief full power and potbelly to do anti to perform every act necessary,mgmsic or Propel' to be done in connecnnn therewith as each of surd corpotanons could do,hill reserving to each of said cotporelions full Power ol'substitution and invocation,and all ol'the acts of sail Attoincy(s)-al-Fact.11111suant to these presents.Litre hereby ralllicd and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority ol'the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hemby IS.authorized to execute Powers of Altot ncy.qualifying the star ncy(s)named in the Powers of Altorncy to execute,on bchadf of the corporations,bonds,undertakings and connects OF suretyship;and Ihal the Secretary or any Assistant Seercary of the corporations be,and each of Them hereby is,nuttier ized to Latest the esecullon ol'any such Power ol'Alaotney: RESOLVED, FURTIIER,that the mgnatuies ofwch officers may be arl'ixed to any welt Powerof Altorncy of la Lilly c'cl tr frento I'clatillg thereto by facsimile,and any such Power of Altorncy of certiticutc moal-rng such facsimile denatures sh,dl he valid mid heading upon the corpal'atinn when so atfixed and In Fabric the with respect to any bond.undmtakmg or contact of wrclyslirp to which it L alwchcd IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY Lod INDEMNITY COMPANY OF CALIFORNIA have severelly caused these presents to be signed by then respective Executive Vice President and attested by then respective Seciehuy this Ist day of October;2003 ,. BY ,• 'k AND N• MPANVO David H.Rhodes.Executive Vice-President d• .lit," •. ";�P°' O� PPO J R O y,4G0.PORgT•..,y ':` o qp y 5of' OCT. `;ice: Z z OCT.5 '^ car 70 :tic W 1967 a BY Waller A.Crowell,Secretory •;•''7 `...../OWP...:.dD �� cq</FOP�xPa >d� .. STATE OF CALIFORNIA ) )SS COUNTY OF ORANGE ) On October 1,2003.before Ire,Diane.l.Kama,pet song I ly Lippert ed David H Rhodes and Walld'I'A Dowell,peisanally known to me(or proved to me on the basis ol'satisfactory evidence)to be the persons whose names arc subscribed to(lie within instrument and acknowledged to me that they executed the wine m their authorized capacities,and that by their'srgnatules on the Inshument the carry upon bchairorwhich the persons level,executed the insounicii WITNESS Illy hand and official seal. Y-17, DIANECOMM.41334746 ' Notary Public- California �f - ORANGE COUNTY SlgnaLLrte My Comm.Expires JAN.S.2006 CERTIFICATE "File undlcisr,I LL as Senior Vice-Piesidlcnt.Underwrlt Ilia of DEVELO FURS SU R ETY AN D I N DEM N ITY COM PAN Y and I N DEM N ITY COMPANY OF CALIFORNIA,does liereby certify that the o egoing Power of'Attoiney rentanis in Full Force and hos not been revoked,and furthermore,that the plovisians Of the resolutions of the respective Boards of Directors ol'smd corpotatons set lorlh in the Power of Attorney,are at Pelee as oFthe date of this Cerlificate This Certificate is executed in the City eflivinc,C-ahfoinm,the 8TH day of DECEMBER 2003 BY Wes .Cd enro presider n II e ID-I30(Rev. 1010 ) 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: nC_ r)V%-ll 0,a 1)\V0,ta&0 SI6 e C l �XYI�.CvQar Cn— C1-��10 2. CONTRACTOR'S Telephone Number: (noel ) aCft0-nC)GC1 Facsimile Number: 4001 ) aCY(G -C)Q_7R 3. CONTRACTOR'S License: Primary Classification V� State License Number(s) e�Ll 'IP'K-IP . (-f7 Supplemental License Classifications )o 4. Surety Company and Agent who will provide the required Bonds on this Contract:C Name of Surety l AbP_r'''6n �v 1Si,14 C1 i p Address s.55o 1 F_' LZA, C'.L/1' o hP'f (r �1" Surety Company I, C-:kko p_r-s AJT 1 rlC�'C�PY�ni L� Telephone Numbers: Agent C)t-)) C 33- U�5 Surety ( ) 5. Type of Firm (Individual, Partnership or Corporation): cc,Y-P—b cn2n,Gn 6. Corporation organized under the laws of the State of: CW I Z� CA_ 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: o l C l 1e,<S V t CQ P ne S i d'(Xlt RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION PROJECT NO.02-17 BIDDER'S GENERAL INFORMATION 11/25/03 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�x w CIC RUM Wll�1SAddress FPW7 -1 0-) �hlIBIS J � Contact P- 'ta 9-r�S Class of Work Phone Contract Contract Amount l�l�fQl�Q Project FRVU-CtCI-0_1 n Date Completed (_tS Contact Person Telephone number b. Owner Address CneJC )C Contact(F(j eXI Class of Work 5' l r1 h Phone �1lQi rh�'3�"w� Contract Amount Project ECC'L1 JEA-L S� Date Completed D)C) Contact Person Telephone number C. Owner I n 0\1 L 1� Address PD 4?-)oC Lrl T LQA1rL, Contact �(�f711(AY7� � �(1��°�I' Class of Work Phone—1Lnf3 17 -�{Z Contract Amount Project Date Completed L�131 I C Contact Person Telephone number 10. List the name and title of the person who will supervise full-time the proposed work for your firm: S' )P�fQ Ir�CLLJ 11. Is full-time supervisor an employee )'/contract services ? 12. A recent financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION PROJECT NO. 02-17 BIDDER'S GENERAL INFORMATION 11/25/03 BID FORMS -PAGE 8 EXECUTED IN FOUR COUNTERPARTS BOND #836876P PREMIUM: INCLUDED IN PERFORMANCE BOND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That DBX, INCORPORATED AS Contractor, And DEVELOPERS SURETY AND INDEMNITY COMPANY as Surety, �T are held firmly bound unto the City of Palm Springs, a charter city,organized and oxlsting in the County of Rhrersido, State at California,herainafter called the"Cny,"in the sum of: One hundzed nineteen thousand and atinue---------------------------------------- dollam, for the payment of which sum well and truly to be made,we bind ourselves, our fairs,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: RACGUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION CITY PROJECT NO.02-17 1 NOW THEREFORE,if said Contractor,its subcontractors,its heirs,axeeutors,administrators,successors,or amigno shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for,or about the performance of the Work contracted to be dons, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, or for any amounts required to be deducted, withhold, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors 'pursuatt.to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions of Thto XV, Chapter 7, Sections 3247342,inclusive,of the Civil Code of the State of California and acts amendatory thereof,and Sections of other Codes of the State of California referred to thereln and acts amendatory thomof, and provided that the persona, companies, or corporations so furnishing Said materials,previsions,equipment,or other supplies, appaances,or power used In, upon,for,or about performance of the Work contracted to be oxaeuted or pertomtsd, or any person, curnpany, or corporation renting or lilting implomants or machinery or power for,or contrlbuting to,said work to be done,or any Person who performs work or labor upon the same, or any person who supplies both work and materials therefor,shall have compiled with the provisions of sold laws,then tail surety will pay the same In an amount rat axoeadeg the sum hereinbefore set ford),and also will pay,in case cult Is brought upon this bond,a reeeonable attorney's fee no shall be fixed by the Court. This Bond shell Inure to the berefit of sny and all persons named In Sectlon 3181 of die Civil Code of the State of California so as to give a right of action to them or Chair assigns in any suit brought upon this bond, PROVIDED,that any alterations in the Work to be done or the materials to be furnished,or charges In the time of completion, which may be made pursuant to the terns of said Contract Documams, shall not in any way release said Contractor or said Surety thereunder,nor shall any sxtsnsions of time granted under the provisions of said Contract Documents role=either said Contractor or add Surety,and notice of said alterations or extensions of the Agreement Is hereby waived by said Surety, SIGNm AND SEALED,this 9TH day of JANUARY 20a4 RACQUET CLUB ROAD AND AVENIDA CABALLERO$ TRAFFIC SIGNAL INSTALLATION PROJECT NO.02-17 rAYMENT BOND 11/26103 AGREEMENT AND BONDS-PAGE 6 CONTRACTOR: DBX, INCORPORATED SURETY: DEVELOPERS ETY AND INDEMNITY COMPANY (Check am:_individual,-__Partnership, _X corporatronl / BY: 114W \l RICR COON & ATTORNEY-IN-FACT (NOTARIZED) Print Name and Title: SURETY MAILING ADDRESS: JIM PERRY, PRESIDENT & SEC/TREAS P.O. BOX 19725 IRVINE, CA 92623. By INOTARIZEDI Print Nam¢and Title: Mailing Address: 42066 AVENIDA ALVARADO, .,SMITF. (1 TEMECULA, CA 92590 Date JANUARY 9, 2004 _ (CorporaNens require two signatures: one from aach of the following groups: A. Chairman of Board, Presidont.at any Vice President;AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). End of Signatures RACQUET CLUB ROAD AND AVENIDA CABALLEROS AGREEMENT FORM TnAFFIC SIGNAL INSTALLATION PROJECT NO.02-17 AGflEEA1ENT 6 eONOS-PAGE 8 I IIZD/03 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On 01 /20/04 before me, PHYLLISSA G. MAYNOR - NOTARY PUBLIC personally appeared IIM PERRY 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 capacities, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. PHYLUSSA G. MAYNOR C0 nm[WM#177t)713 Notary Ik UC-Cditrrdo n p RTve County MyComm.Et�iBO esAug11,7D04 Signature of Notary Public ------------------------------------------------------------------------------------------------------------------ OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title of Type of Document: ------------------------- --------------_ ------------_- Document Date: - ----------------------------- Number of Pages: ---_-----_ ------------_- Signer(s) Other Than Named Above: ---------------- ---------------------------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: lim Perry ❑ Individual 0 Corporate Officer Title(s): PRESIDENT AND SECRETARY/TREASURER ❑ Partner ❑ Attorney-in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: DBX. INC CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 01-09-04 before me, LEXIE SHERWOOD - NOTARY PUBLIC personally appeared RICHARD A. COON 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 the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ,;,;,° wn LEXIESHERWOOD COMM.#1317304 P8 . NOTARY PUBLIC-CALIFORNIA +0ORANGE COUNTY n t e of Notary Public ^s nCOMM.EXP.JULY 27,2005-` 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. DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND TITLE OR TXPE OF DOCUHLN NUMBER OF PAGES 2 DATE OF DOCUMENT 01-09-04 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER (S) ATTORNEY-.IN-FACT ❑ TRUSTEE (S) ❑ OTHER: SIGNER IS REPRESENTING: DEVELOPERS SURETY AND INDEMNITY COMPANY NAME OF PERSON(S) OR ENTITY(S) POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,C'A 92623 (949)263-3300 KNOW.ALL MEN BY THESE PRESENTS, that excepl as cxpocsnly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CAL I TORN I.A,do each,hereby onake,calash(tile and appoi I ***David L. Culbertson, Charles L. Flake, Diana Laskowski, Karen Chandler, Richard A. Coon, Lexie Sherwood, jointly or severally*** as then flue and Iasvfol Allorney(s)-m-Fact,Io make,execute,debveo and acknowledge. No rnd on bchalrofsmd colpolations,as sureties,bonds,uncleitaking's and conk ucls of somyshrp ylving and glow ltire unto said Al larncy(s)-on-Fact null pow: and autlrorlly to do and to per rolnt every act nccessmy,requi ate or plopel- Io be done in connection tItCICWllh as cacti of said not poI anolts could do,buf ICSCIVing to each of said c Lit nTaII oil s full power or Stills Ii tuhon and 1Cvoca I loll.and all of the acts of s,ud Ahoincy(.n)-m-Fact.pmsuunt to these pmticnls,am hclthy ratified;old Coo No mod This Power of Attoi ncy is granted and is signed by facsimile antler and by authouty ol'the following Iesoluhons nclopted by th Bon id respective Bo 'd of Dacctois of DEVELOPERS SURETY AND INDEMNITY COMPANYand INDEMNITY COMPANY OF CALIFORNIA,elfectoveas or November 1,2000P RESOLVED,that the Chairman of the Board,the Picsidcnl and any Vice Picsidcnl of IhC Cal poi'atlon be,and that each of them hcicby IS,Liuthon ed to execute Powca s ol'A I ILL ncy,yualirying the antoncy(s)ntnncd in Ilse PtnVCR of A(La Icy to Cxcunc,on behalf of the Col poallows,bonds,undertakings and con[Iacts of silt elysh Ill.and Thal the Sect coal y or any As,mono Sect elaty of the corpornitanS be,and each 0f them helchy is,ilahmized to attest the execulton araay Such Paw: oI Altoi ney. RESOLVED. FURTI IER,flint IhC vgn:u tires of wch olLcels may he nllucd la any arch Pow: of Attorney of to Lilly Coal 1111catc Iclating thel CIO by (ncsnnile,find any such Pow: ol'Attor ncy oI act li licam heulinu such facso till le vsnolul es.ha I be vaIit told binding upon the corporation when so affixed and in IhC fault L`vVrfr Il'5pL'CI 10 any balA,❑ndet lakm_L'OI canllaC tl'Sill CIy:11p 10 vVh IC1 II is attached IN WITNESS WHER LOF,DEVELOPERS SURFTY AND INDEMNITY COMPANY and IN DLMNITY COMPANY OF(ALI FORNIA have severally caused these poesents to be signed by their respective Executive Vice Plesidem and attested by their respechve Secretory this Isl day of October,3003. gy David H Rhodes.Executive Vice-Piesidem ,oJP6..,.."P'o...... F;' PAN IF VOR 4TF::�2 GOP R,gT�9 '� OCT. `:�3 z ? OCT,5 -^ _a . 10 e>s' w 1967 gy, o�; i 93 fi .: 02 c,, axe- 2 Waller P A.Crowell Seciclaly °:7�'•. /OW ,.v'aA r° '14/FOP d STATE OF CALI FORNIA ) )SS COUNTY OF ORANGE ) On Oclobel I,2003,before me,Diane I, Kawata,personally appeared David 11. Rhodes and Waltat'A.Crowell,pet venally known to me too proved to me on the basis of satisfacany evidence)to be the poisons whose nines aic subset bedto the wdhin inshvmcnt and acknowledged to me that they executed the same ur their authorized capacities,and that by their Srgnaluics otr the also Lament the entity upon hchalrof Which the pclsons acted,executed the inshtiment WITNESS my(rand and official seal. �. , pIANEd KAWATA p \_' CCMM.41334746�.n Notary Public - Cahlornia `` 1�kJ` �„/"•y"A""„" �j \�K ORANGEC0l Slgn9tulC lVl My Comm Expires JAN 8.2006 CERTIFICATE The undelso'fled,as Senior VICC-Plesa.lent.Undcnvo ding ol'DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the otegoia Power or Attorney remains on full race and has not been revoked,and furtheo more,that the plovisions of the resolutions orlhe respective Boards of Daecloos orsaod cognxntions set forth In the Paw:'of Attorney,me on force aS of the date of this Ceitificate. This Cciallicu[c rs executed�m tthe CI�tyQoFllvmq C'ahhnttiu,the 9TH day of JANUARY 2004 By Wesley W Cowliag,�aenror Vlce-Pr'esidenl.Undenvrl u g I D-1380(Rev. 10/03) J DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act,and the effect, if any, the Act will have on the premium charged for this bond. Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism,as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed$5,000,600.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of$100 billion for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond,or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch,Suite 200 Irvine,CA 92614 (9491 263 3300 w JnscoDico.com ID-1498(Rev.5103) EXECUTED IN FOUR COUNTERPARTS BOND #836876P PREMIUM: $1,077 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That DBX, INCORPORATED ^ as Contractor, And DEVELOPERS SURETY AND INDEMNITY COMPANY as Surety, are held firmly bound unto ilia City of Palm Springs, a charter airy,orgarlitad and exishng In the County of Rivwolde,California,heroinafter called the'Cdy,'in the sum of: One hundred nineteen thousand and nine --------------------dollars, for We payment of which sum well and truly to be made, We bind ourselves, our bees, emouters, administrators,successors,and asaigns,Jointly and severally,firmly by these presents. WHEREAS said Connrsctor has bean awarded and is about to enter into the annexed Agreement with said City to perform the Work as specified or indicated in the Contract Doeomems entitled: RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION CITY PROJECT No.02-17 NOW THEREFORE,if said Contractor shall perform all the requirements of said Contract Docurnontc required to be performed on Its part,at the times and in the manner specified heroin,then We obligation shag be null and void,otherwise it shall remain in full force and effect. PROV10121), that any alterations in the Work to be done of tha materials to be fumishad, or changes in the time of completion,which may be made pursuant to the terms of said Contract Documents,shall hat in any way release said Contractor or said Sue"thereunder, nor shag any oxtansiolu of time granted under the provisions of sold Contact Documents, relosse either said Contractor a told Surety. and miles of such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED,this,_ 9T11 dayof JANUARY 2004. SURETY: CONTRACTOR: DEVELOPEBM SURETY AND INDEMNITY COMPANY DBX INCORPORATED JJ— f eck am: _,individual, _Jrartneraltip, �,( A& .Xc orporationl BY B¢ �.� Tide ATTORNEY—IN—FACT ��---�`— (SEAL AND NOTARIAL ACKr4OWLEDGMENT arsnam,a OF SUWM (NOTARIZED) Prim Name and Title: JIM PERRY, PRESIDENT & SEC/TREAS By _—., ayNmve INOTARInDl Print Name and Title: (Coiporatiens retluire two algnanaes; one from each of the foaowina yeuae:A.Chairman of aced,President,or am disc A'eb : AND B. Swalwy, Aaalatant Secretary. Treasuror, Auld" Treasurer, of Chief rMMIai Offic4a. RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION PROJECT NO.02-17 PERFORMANCE BOND 111=03 AGREEMENT AND BONDS-PAGE 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF RIVERSIDE On 01 /20/04 before me, PHYLLISSA G. MAYNOR - NOTARY PUBLIC personally appeared IIM PERRY 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 capacities, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the Instrument. WITNESS my hand and official seal. PHYLLISSA G. MAYNOR 1 Cornmissionk1770713 zi r' Notary Public-CaRfomia f Rf MIdo courtly My Comm.lEi#M Aug 11,7004 Signature of Notary Public ------------------------------------------------------------------------------------------------------------------ OPTIONAL Though the information below Is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Titleof Type of Document. ----------------------------------------------------------------- Document Date: ------------------------------- Number of Pages: -------_ Signer(s) Other Than Named Above: -----_ Capacity(ies) Claimed by Signer(s) Signer's Name: lim Perry ❑ Individual N Corporate Officer Title(s): PRESIDENT AND SECRETARY/TREASURER ❑ Partner ❑ Attorney-in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: DISK INC. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 01-09-04 before me, LEXIE SHERWOOD - NOTARY PUBLIC i personally appeared RICHARD A. COON personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the f same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument . WITNESS my hand and official seal . LEXIE SHERWOOD COMM.PUB ih-CALIF 4 NOTARY PU�LIGCALIFTY Sighat re of Ndtary Public �' COMM�XP ORANGE 27T 2005� 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. DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT NUMRM OF PAGES 1 DATE OF DOCUMENT 01-09-04 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER T I TLE(S) ❑ PARTNER (S) ® ATTORNEY-IN-FACT ❑ TRUSTEE (S) ❑ OTHER: SIGNER IS REPRESENTING: DEVELOPERS SURETY AND INDEMNITY COMPANY NAME OF PERSON(S) OR ENTITY(S) CERTIFICATION OF RESOLUTION I, Jim Perry, Secretary of DBX, Inc. a California corporation, do hereby certify that the attached RESOLUTION OF OFFICER'S AUTHORITY, to which I hereby attest, is a full, true and correct copy of a resolution of the Board of Directors of said corporation, duly adopted and approved by regular action of the said Board of Directors taken on August 12, 1991 in full conformance with the law and the By Laws of said corporation. I further certify that the resolution is still in full force and effect and has not been amended or revoked. IN WITNESS WHEREOF, I have hereunto set my hand as such Secretary, and affixed the corporate seal of said Corporation. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at Temecula, California on January 20, 2004. Jim erry, Secretary SEAL COUNTY OF RIVERSIDE ) �+ PHYLussn G. MAYNOR cO mnWon#1270713 SS. zQWCwm-80wAug11.2DD4i Notary Pu -CanforrYc� vemkia cow* STATE OF CALIFORNIA ) J Subscribed and sworn to before me On January 20, 2004 at Temecula, California. Via 1 ��c RESOLUTION OF OFFICER'S AUTHORITY "WHEREAS, from time to time this corporation, being DBX, Inc., a California corporation, is called upon to execute documents by which this corporation enters into contracts, bonds, obligations of performance, surety and of other legal consequences, and "WHEREAS, third persons may require or request come written authority evidencing and identifying those persons who are officers and authorized to execute such documents for and on behalf of this corporation, now, therefore, it is "RESOLVED, that JIM PERRY, who is President and Chief Executive Officer of this corporation, be, and he hereby is, and has been, empowered, authorized and directed to execute any and all kinds of documents, contracts, bonds, obligations of performance, surety and other documents by which this corporation assumes legal obligations, dealing with private and public entities, and "RESOLVED FURTHER, that any person who relies upon the authority granted and conferred in this resolution shall be indemnified and held harmless from any claim with respect to the existence or non-existence of such authority, and may continue to do so until personally receiving written notice that the authority herein conferred has been terminated." Dated: August 12, 1991 � C\A ,, -- Jim I rry, Secretary SEAL CITY PROJECT NO . 02 - 17 The Special Provisions contained herein have been prepared by, or under the direct supervision of, the following Registered Civil Engineer: QQOFESS/Ot t14i� O\?S L. hGVSI 4iaQP ll9 G1 Z No CrvlL Marcus L. Fuller, P.E. Senior Civil Engineer Civil Engineer C 57271 Approved by: 9alL— David J. Barakian, P.E. City Engineer Civil Engineer C 28931 RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION PROJECT NO. 02-17 SIGNATURE PAGE 11/7F/03 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 Bid Bond (Bid Security Form) Bidder' s General Information Agreement and Bonds Agreement Form Worker' s Compensation Certificate Performance Bond Payment Bond Certificate of Insurance PART II -- SPECIAL PROVISIONS Section 1 - Specifications and Plans Section 2 - Proposal Requirements and Conditions Section 3 - Award & Execution of Contract Section 4 - Scope of Work: Beginning of Work, Time of Completion, and Liquidated damages Section 5 - Control of Work Section 6 - Control of Materials Section V - Legal Relations and Responsibility Section 8 - Prosecution and Progress Section 9 - Measurement and Payment Section 10 - Construction Details PART III -- APPENDICES APPENDIX "A" Standard Drawings RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION SPECIAL PROVISIONS PROJECT NO. 02-17 GENERAL CONTENTS -PAGE 1 1 1/25/03 CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING DEPARTMENT PART I - BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION CITY PROJECT NO. 02-17 Notice Inviting Bids Instructions to Bidders Bid Forms Bid (Proposal) Bid Schedule List of Subcontractors Non-Collusion Affidavit Bid Bond (Bid Security Form) Bidder' s General Information Agreement and Bonds Agreement Form Worker' s Compensation Certificate Performance Bond Payment Bond Certificate of Insurance RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION PART 1 CONTENTS PROJECT NO. 02-17 PAGE 1 11/25/03 CITY OF PALM SPRINGS NOTICE INVITING BIDS For constructing the: Racquet Club Road and Avenida Caballeros Traffic Signal Installation City Project 02-17 N-1 NOTICE IS HEREBY GIVEN that sealed bids for the Racquet Club Road and Avenida Caballeros Traffic Signal Installation, City Project 02-17, 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 December 16, 2003, at which time they will be opened and read aloud. N-2 DESCRIPTION OF THE WORK: The Work comprises the installation of a new traffic signal and electrical system complete, with associated improvements at the intersection of Racquet Club Road and Avenida Caballeros; traffic striping and signage; removal and replacement, and construction of various concrete improvements; 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 or C-10 Contractor license at the time of submitting bids . N-7 CALIFORNIA WAGE RATE REQUIREMENTS : The Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed. A copy of said wage rates is on file at the office of the City Engineer. The Contractor and any subcontractors shall pay not less than said RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION NOTICE INVITING BIDS PROJECT NO. 02-17 PAGE 1 11/25/03 specified rates and shall post a copy of said wage rates at the project site. N-8 RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code. N-9 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: (a) Contract ' Documents may be inspected without charge at the office of the City Engineer, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262 . (b) Complete sets of said Contract Documents may be purchased at $30 . 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 By David J. Barakian, PE Director of Public Works / City Engineer RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION NOTICE INVITING BIDS PROJECT NO. 02-17 PAGE 2 1 1/7/03 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. id) Subject to the provisions of Section 4215 of the California Government Cade, 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. RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION INSTRUCTIONS TO PROJECT NO. 02-17 BIDDERS-PAGE 1 11/25/03 (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, 11. QUANTITIES OF WORK — RACQUET CLUB ROAD AND AVENIDA CABALLEROS - TRAFFIC SIGNAL INSTALLATION INSTRUCTIONS TO PROJECT NO. 02-17 BIDDERS-PAGE 2 11/25/03 (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 6 of the Standard Specifications and Special Provisions. 16. AWARD OF CONTRACT - Award of Contract, if it is awarded, will be based primarily on the lowest overall cost to the City, and will be made to a responsive, responsible Bidder whose Bid complies with all the requirements prescribed. Unless otherwise specified, any such award will be made within the period stated in the Notice Inviting Bids that the Bids are to remain open, unless extended by mutual agreement of the bidders. Unless otherwise indicated, a single award will not be made for less than all the Bid Items of an individual Bid Schedule. In the event the Work is contained in more than one Bid Schedule, the City may award schedules individually or in combination. In the case of 2 or more Bid Schedules which are alternative to each other, only one of such alternative schedules will be awarded. 17. EXECUTION OF AGREEMENT - The Bidder to whom award is made shall execute a written Agreement with the City on the form of agreement provided, shall secure all insurance, and shall furnish all certificates and bonds required by the Contract Documents within 15 calendar days after receipt of the Agreement forms from the City. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award and forfeiture of the Bid Security. If the lowest responsive, responsible bidder refuses or fails to execute the Agreement, the City may award the Contract to the second lowest responsive, responsible Bidder. If the second lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the City may award the Contract to the third lowest responsive, responsible Bidder. On the failure or refusal of such second or third lowest Bidder to execute the Agreement, each such bidder's Bid Securities shall be likewise forfeited to the City. 18. WORKER'S COMPENSATION REQUIREMENT -The Bidder should be aware that in accordance with laws of the State of California, the Bidder will, if awarded the Contract, be required to secure the payment of compensation to its employees and execute the Worker's Compensation Certification. 19. LOCAL BUSINESS PROMOTION — (a) In determining the lowest responsible Bidder, the following provisions of Section 7.09.030 of the City of Palm Springs Municipal Code shall be applied to a Bid submitted by a local business enterprise or contractor: For any contract for services, including construction services, a reciprocal preference shall be given as against a non-local business enterprise contractor from any state, county or city that gives or requires a preference to contractors from that entity in award of its service contracts. The amount of the reciprocal preference shall be equal to the amount of the preference applied by the entity in which the non-local business enterprise contractor is based as against the Bid of a City of Palm Springs contractor. R(RClllf-4LT9Mb%MAIFTWA16` E49KLTYR6t9rs: TRAFFIC SIGNAL INSTALLATION INSTRUCTIONS TO PROJECT NO. 02-17 BIDDERS-PAGE 3 1 1/25103 - (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- RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION INSTRUCTIONS TO PROJECT NO. 02-17 BIDDERS-PAGE 4 11/25/03 CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING DEPARTMENT PART II - SPECIAL PROVISIONS RACQUET CLUB ROAD AT AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION CITY PROJECT NO. 02 - 17 Section 1 Specifications and Plans Section 2 Proposal Requirements and Conditions Section 3 Award & Execution of Contract Section 4 Scope of Work, Beginning of Work, Time of Completion, and Liquidated Damages Section 5 Control of Work Section 6 Control of Materials Section 7 Legal Relations and Responsibility Section 8 Prosecution and Progress Section 9 Measurement and payment Section 10 Construction Details RACQUET CLUB ROAD AT AVENIDA CABALLEROS CONTENTS TRAFFIC SIGNAL INSTALLATION PART II CITY PROJECT NO. 02-17 1 1/25/03 SECTION 1 - SPECIFICATIONS AND PLANS 1-1 GENERAL Standard Specifications. - The Work hereunder shall be done in accordance with the Standard Specifications dated July 2002 and the Standard Plans dated July 2002, of the California Department of Transportation insofar as the same may apply and in accordance with the following Special Provisions : In case of conflict between the Standard Specifications and these Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions . Supplementary Reference Specifications. - Insofar as references may be made in these Special Provisions to the Standard Specifications for Public Works Construction ("Greenbook") , 2000 Edition, such work shall conform to the referenced portions of the technical provisions only of said reference specifications, provided, that wherever the term "Standard Specifications" with or without the prefix "Caltrans" is used, it shall mean the Standard Specifications dated July 2002 and the Standard Plans dated July 2002, of the California Department of Transportation, as previously specified in the above paragraph. 1-2 Definitions and Terms . - Wherever in the Standard Specifications the following terms are used, the definitions shall be amended to read: Days - As used in these Special Provisions, days shall mean calendar days. Department - Public Works and Engineering, Department of the City of Palm Springs, California. Director - Director of Public Works/ City Engineer of the City of Palm Springs, California. Engineer - Director of Public Works/City Engineer of the City of Palm Springs, California. Highway - Highway, roadway, street, avenue, lane, boulevard, or other public thoroughfare for vehicular traffic. Liquidated Damages - The amount prescribed in the specifications, pursuant to the authority of Government Code Section 53069.85, to be paid to the City of Palm Springs 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. RACQUET CLUB ROAD AND AVENIDA CABALLEROS SPECIAL PROVISIONS TRAFFIC SIGNAL INSTALLATION SPECIFICATIONS AND PLANS CITY PROJECT NO.02-17 SECTION 1 -PAGE 1 1 1/25/03 Standard Plans - The Standard Plans of the City of Palm Springs, or the State of California Department of Transportation, as noted. State - The City of Palm Springs, California, a legal entity organized and existing in the County of Riverside, State of California. State Contract Act - All applicable provisions of the Public Contract Code (excluding Chapter 1, Division 2, Part 2, therein) , Government Code, Labor Code, Civil Code, Business & Professions Code, as they apply to contracts with local public agencies, as defined in said codes. 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. 1-3 PRELIMINARY MATTERS 1-3.1 Legal Address of the City: The official address of the City shall be City of Palm Springs, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262, or such other address as the City may subsequently designate in written notice to the Contractor. 1-3.2 Legal Address of the Engineer: RACQUET CLUB ROAD AND AVENIDA CABALLEROS SPECIAL PROVISIONS TRAFFIC SIGNAL INSTALLATION SPECIFICATIONS AND PLANS CITY PROJECT NO. 02-17 SECTION 1 -PAGE 2 1 1/25/03 The official address of the Engineer shall be City of Palm Springs, Public Works and Engineering Department, 3200 East Tahquitz Canyon Way, Post Office Box 2743, Palm Springs, California 92263-2743, or such other address as the Engineer may subsequently designate in writing to the Contractor. 1-3.3 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, Public Works and Engineering Department, 3200 East Tahquitz Canyon Way, Post Office Box 2743, Palm Springs, California 92263-2743, or such other address as the Resident Project Representative may subsequently designate in writing to the Contractor. 1-3.4 Notification: The Contractor shall notify the City of Palm Springs and the owners of all utilities and substructures not less than 48 hours prior to starting construction. The following list of names and telephone numbers is intended for the convenience of the Contractor 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) 674-5452 WHITEWATER MUTUAL Attention: Mr. Stan Clark (760) 325-5880 SPRINT Attention: Mr. Lynn Durrett (909) B74-7450 UNDERGROUND SERVICE ALERT (800) 227-2600 1-3.5 Emergency Information: RACQUET CLUB ROAD AND AVENIDA CABALLEROS SPECIAL PROVISIONS TRAFFIC SIGNAL INSTALLATION SPECIFICATIONS AND PLANS CITY PROJECT NO. 02-17 SECTION 1 -PAGE 3 11/26/03 The names, addresses, and telephone numbers of the Contractor, sub-contractors, or their representatives, shall be filed with the Engineer at the preconstruction meeting. - END OF SECTION - RACQUET CLUB ROAD AND AVENIDA CABALLEROS SPECIAL PROVISIONS TRAFFIC SIGNAL INSTALLATION SPECIFICATIONS AND PLANS CITY PROJECT NO. 02-17 SECTION 1 -PAGE 4 1 1/25/03 SECTION 2 - PROPOSAL REQUIREMENTS AND CONDITIONS 2-1 Plans and Specifications. - The contract plans furnished consist of general drawings and show such details as are necessary to give a comprehensive idea of the construction contemplated. All authorized alterations affecting the requirements and information given on the contract plans shall be in writing. END OF SECTION - RACQUET CLUB ROAD AND AVENIDA CABALLEROS SPECIAL PROVISIONS TRAFFIC SIGNAL INSTALLATION PROPOSAL REQUIREMENTS&CONDITIONS CITY PROJECT NO. 02-17 SECTION 2-PAGE 1 11/25/03 SECTION 3 - AWARD AND EXECUTION OF CONTRACT 3-1 Contract Bonds The provisions of Section 3-1 . 02 of the Standard Specifications shall be changed to read as follows : 3-1.02 Contract Bonds . a. Before execution of the Contract, the Contractor shall file surety bonds with the City to be approved by the City Council in the amounts and for the purposes noted below. Bonds issued by a surety who is listed in the latest version of U.S . Department of Treasury Circular 570, who is authorized to issue bonds in California, and whose bonding limitation shown in the said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the City. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995 . 660 (a) . The Contractor shall pay all bond premiums, costs, and incidentals . Each bond shall incorporate, by reference, the Contract and be signed by both the Contractor and Surety and the signature of the authorized agent of the Surety shall be notarized. b. The Contractor shall provide two good and sufficient surety bonds . The Performance Bond shall be for 100 percent of the Contract Price to guarantee faithful performance of all work, within the time prescribed, in a manner satisfactory to the City, and that all materials and workmanship will be free from original or developed defects . The bond must remain in effect until the end of all warranty periods set forth in the Contract . The Payment Bond (Material and Labor Bond) shall be for not less than 100 percent of the Contract Price, to satisfy claims of material suppliers and mechanics and laborers employed by it on the Work. The bond shall be maintained by the Contractor in full force and effect until the. Work is accepted by the City and until all claims for materials and labor are paid, and shall otherwise comply with the Civil Code. c. The Contractor shall provide for a one-year extension of the Performance Bond to cover the one-year correction and repair period for correction or removal and replacement of defective work. Said Performance Bond shall be maintained at not less than 15 percent of the Contract Price during said one-year extension. d. Bonds shall be executed by either: (a) two (2) or more sufficient personal sureties; (b) one sufficient admitted surety RACQUET CLUB ROAD AND AVENIDA CABALLEROS SPECIAL PROVISIONS TRAFFIC SIGNAL INSTALLATION AWARD&EXECUTION OF CONTRACT CITY PROJECT NO. 02-17 SECTION 3-PAGE 1 1 1/25/03 insurer; or (c) a combination of sufficient personal sureties and admitted surety insurers . If a corporate surety insurer is used, a County Clerk' s certificate evidencing that it is an admitted surety insurer shall be submitted with the bonds . If a personal surety is used, all requirements set out in Code of Civil Procedure Section 995 . 510 shall be met to the satisfaction of the City Engineer. 3-2 Execution of Contract The provisions of Section 3-1 . 03 of the Standard Specifications shall be changed to read as follows : 3-1. 03 Execution of Contract. - The contract shall be signed by the successful bidder and returned„ together with the , contract bonds, within the number of days specified in the In_ str_uctio_ns to Bidders . - END OF SECTION - RACQUET CLUB ROAD AND AVENIDA CABALLEROS SPECIAL PROVISIONS TRAFFIC SIGNAL INSTALLATION AWARD &EXECUTION OF CONTRACT CITY PROJECT NO. 02-17 SECTION 3 -PAGE 2 1 1/25/03 SECTION 4 - SCOPE OF WORK; BEGINNING OF WORK; TIME OF COMPLETION; AND LIQUIDATED DAMAGES Attention is directed to the provisions of Section 8-1. 03 "Beginning of Work, " Section 8-1 . 06 "Time of Completion, " and Section 8-1 . 07 "Liquidated damages" of the Standard Specifications and these Special Provisions . The Contractor shall begin work within 15 calendar days after the Contract has been approved by the legal counsel of the City and a written Notice to Proceed issued to the Contractor. Said Work shall be diligently prosecuted to completion before the expiration of: 40 WORKING DAYS from the day specified in the Notice to Proceed issued by the City. Said times of completion do not include time associated with ordering long lead-time items. Contractor shall refer to Section 6-5 of these Special Provisions for requirements associated with ordering long lead-time items. All new traffic signal poles, street light luminaires, and mast arms have been ordered by the City and will be available to the Contractor at the City Yard located at 425 N. Civic Drive. All other traffic signal equipment (anchor bolts, vehicle and pedestrian heads, controller assembly and cabinet, service pedestal and cabinet, and associated equipment) , in addition to any other long-lead time items, shall be ordered within three (3) days following award of this contract. Failure to order long lead-time items that causes work to extend past the allowable time of completion shall cause this contract to be subject to liquidated damages as allowable herein. As set forth in the Agreement, the Contractor shall pay to the City as liquidated damages the sum specified 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 . - END OF SECTION - RACQUET CLUB ROAD AND AVENIDA CABALLEROS SPECIAL PROVISIONS TRAFFIC SIGNAL INSTALLATION SCOPE OF WORK CITY PROJECT NO.02-17 SECTION 4-PAGE 1 11/25/03 SECTION 5 - CONTROL OF WORK 5-1 Warranty Performance Bond. - The Performance Bond furnished by the Contractor shall remain in force and effect, and shall not be exonerated for a period of one year after the City' s acceptance of the project; or, at the Contractor' s option in lieu thereof, the Contractor may furnish a Warranty Performance Bond prior to acceptance of the work, in a sum not less than 15 percent of the face amount of the contract, such bond to guarantee Contractor' s performance of the obligation to repair or replace defective materials or workmanship as stated elsewhere in these provisions, and to remain in effect for a period of one year from the date of City' s acceptance of the project . Nothing in this paragraph shall be deemed or construed to limit the Contractor' s obligation of performance. 5-2 Access or Temporary Rights-of-Way. - All access or construction rights-of-way of a temporary nature, other than shown on the plans, which the Contractor may find that it required during progress of the work, shall be arranged for and paid for entirely by the Contractor, at its own expense. 5-3 Protection of Survey Monuments . - It shall be the Contractor' s responsibility to protect all the existing survey monuments, bench marks, survey marks and stakes . Removal of such monuments, or displacement thereof, shall require their resetting per City Standards for the existing type of monument at the Contractor' s expense. The existing pipe monument shall not be disturbed. The City will maintain a survey location check on the monument without cost to the Contractor. Contractor is advised that resetting of monuments will be done by the City' s survey crew. Should the Contractor anticipate removal of any survey monuments, it shall notify the Engineer before removal. The Contractor shall be financially responsible for reinstalling the monument well, and the City' s survey crew will reset the monument. 5-4 Surveying. - The Contractor will be required to have a California licensed surveyor to set all stakes and hubs, furnish all lines, grades and measurements necessary for the proper prosecution and control of the work contracted for under these specifications . No direct payment will be made for this labor, materials, or other expenses therewith. The cost thereof shall be considered as included in the Contractor' s lump sum bid, and no additional compensation will be allowed therefore. RACQUET CLUB ROAD AND AVENIDA CABALLEROS SPECIAL PROVISIONS TRAFFIC SIGNAL INSTALLATION CONTROL OF WORK CITY PROJECT NO.02-17 SECTION 5-PAGE 1 , 11/25/03 5-5 Authority of Engineer. - The Engineer shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the work; all questions which may arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the contract on the part of the Contractor; and all questions as to compensation. His decision shall be final and he shall have authority to enforce and make effective such decisions and orders which the Contractor fails to carry out promptly. 5-6 Inspection. - The Engineer shall, at all times, have safe access to the work during its construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the requirements and intentions of the Specifications, the Special Provisions, and the Plans . All work done and all materials furnished shall be subject to his inspection. When the work has been completed, the Engineer will make the final inspection. 5-7 Addenda. - Any questions or comments that prospective bidders may have concerning the plans, specifications, or Special Provisions should be directed to the Engineer. Any written clarifications will be issued as addenda generated by the Engineer. Any addenda issued during the time of bidding shall be acknowledged as a part of the Contract Documents . 5-8 Site Examination. - Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the work, and the general and local conditions particularly, but without limitation to all other matters which can in any way affect the work or the cost thereof. The failure of the Contractor to acquaint itself with all available information regarding any applicable conditions will not relieve it from the responsibility for properly estimating either the difficulties or the costs of successfully performing the work. 5-9 Flow and Acceptance of Water. - It is anticipated that storm, surface or other waters will be encountered at various times during the work herein contemplated. The Contractor, by submitting a bid, acknowledges that it has investigated the risk arising from such waters and has prepared, its bid accordingly; and the Contractor, submitting a bid shall assume all risk. 5-10 Prohibition Against Subcontracting or Assignment. - The experience, knowledge, capability and reputation of the RACQUET CLUB ROAD AND AVENIDA CABALLEROS SPECIAL PROVISIONS TRAFFIC SIGNAL INSTALLATION CONTROL OF WORK CITY PROJECT NO.02-17 SECTION 5-PAGE 2 1 1/25/03 Contractor, its principals and employees were a substantial inducement for the City to enter into this Contract . Therefore, the Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than 25 percent of the present ownership and/or control of the Contractor, taking all transfers into account on a cumulative basis . In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express written consent of the City. This Article does not apply to the assignment of anti-trust actions by the Contractor or subcontractor under the provisions of Section 7-1 . 01J of the Standard Specifications . - END OF SECTION - RACQUET CLUB ROAD AND AVENIDA CABALLEROS SPECIAL PROVISIONS TRAFFIC SIGNAL INSTALLATION CONTROL OF WORK CITY PROJECT NO. 02-17 SECTION 5-PAGE 3 1 1/25/03 SECTION 6 -- CONTROL OF MATERIALS 6-1 City Provided Materials - The City of Palm Springs shall provide all new traffic signal poles, luminaires, and mastarms to the Contractor; the Contractor will NOT be required to obtain new traffic signal poles, street light luminaires, and mastarms . The Contractor shall verify the traffic signal equipment in stock at the City Yard necessary to successfully complete the project at the start of the Work, and shall promptly notify the City Engineer in the event it has determined that there is incorrect or insufficient traffic signal equipment that will affect proper completion of the project. The City shall obtain additional or replacement traffic signal equipment as determined by the City Engineer upon notice by the Contractor that it lacks the correct or insufficient traffic signal equipment necessary to complete the Work. All other appurtenant traffic signal equipment (anchor bolts vehicle and pedestrian heads, controller assembly and cabinet, service pedestal and cabinet, and associated equipment) shall be furnished by the Contractor. 6-2 Substitutions or Approved Equals - Contractors requesting approval of "equal products" shall submit their request, along with data substantiating such request, to the Engineer no later than 20 days after bid opening. Data for approval of other materials shall include complete calculations, technical data, samples and/or printed materials relating to performance and physical characteristics of proposed substitutes . Appearances of manufacturers, company names, details of products or services, or product names, in either plans or specifications, are specified or designated for reference only and do not constitute an endorsement of same by the Engineer or the City. 6-3 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 6-2 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. RACQUET CLUB ROAD AND AVENIDA CABALLEROS SPECIAL PROVISIONS TRAFFIC SIGNAL INSTALLATION CONTROL OF MATERIALS CITY PROJECT NO. 02-17 SECTION 6-PAGE 1 11/26/03 6-4 Quantities - Contractor shall submit, with its billing invoice, a lump sum bid breakdown, verified by the Engineer, for quantities and items included in the lump sum Bid Schedule. 6-5 Placing Orders - The Contractor shall place the order (s) for all long lead-time supplies, materials and equipment for any and all water, telephone, electrical, gas, sanitary sewer and traffic signal facilities within 3 working days after the award of contract by the City of Palm Springs. The Contractor shall furnish the Engineer with a statement from the vendor (s) that the order (s) for said supplies, materials, and equipment has been received and accepted by said vendor (s) within 15 working days from the date of said award of Contract. 6-6 Correction and Repair Period: - If within one year after the date of completion and acceptance of the Work, or such longer period of time asmay be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, the Contractor shall promptly, without cost to the City' and in accordance with the City' s written instructions : (i) correct such defective Work, or, if it has been rejected by the City, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If the Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the City may have the defective Work corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement, including claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by the Contractor. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents . Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under Subsection 6-6, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. - END OF SECTION - RACQUET CLUB ROAD AND AVENIDA CABALLEROS SPECIAL PROVISIONS TRAFFIC SIGNAL INSTALLATION CONTROL OF MATERIALS CITY PROJECT NO. 02-17 SECTION 6-PAGE 2 1 1/26/03 SECTION 7 - LEGAL RELATIONS AND RESPONSIBILITY 7-1 LEGAL RELATIONS The following modifications, deletions, additions, or other changes shall be made to the indicated articles, paragraphs, and sub- paragraphs of Section 7 of the Standard Specifications . 7-1.01 Laws to be Observed. - The original provisions of Section 7-1 . 01 shall be deleted and the following substituted therefor: "7-1.01 Laws to be Observed. - 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 jurisdiction or 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 Director of Public Works and the 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, specifications, 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. " 7-1.02 Prevailing Wage. - The provisions of Section 7-1. 01A(2) shall be modified to read: "7-1.01A(2) Prevailing Wage. - As required by Sections 1770 and following, of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations . Copies of such prevailing rate of per diem wages are on file at the office of the City, which copies shall be made available to any interested party on request. The Contractor shall post a copy of such determination at each job site . RACQUET CLUB ROAD AND AVENIDA CABALLEROS SPECIAL PROVISIONS TRAFFIC SIGNAL INSTALLATION LEGAL RELATIONS&RESPONSIBILITY CITY PROJECT NO. 02-17 SECTION 7-PAGE 1 11/25103 The Contractor shall, as a penalty to the City, forfeit $50. 00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director for such work or craft in which such worker is employed for any public work done under the contract by him or by any subcontractor under him. " 7-1.03 Travel and Subsistence Payments . - The provisions of Section 7-1 . 01A (2) (a) shall be modified to read: "7-1.01A(2) (a) Travel and Subsistence Payments . - As required by Section 1773. 8 of the California Labor Code the Contractor shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Article. To establish such travel and subsistence payments, the representative of any craft, classification or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within 10 days after their execution and thereafter shall establish such travel and subsistence payments whenever filed 30 days prior to the call for bids . " 7-1.04 Labor Non-Discrimination. - The provisions of Section 7-1. 01A(4) shall be modified to read: "7-1 .01A(4) Labor Non-Discrimination. - Attention is directed to Section 1735 of the Labor Code, which reads as follows : "No discrimination shall be made in the employment of persons on public works because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons, except as provided in Section 12940 of the Government Code, and every Contractor for public works violating this Section is subject to all the penalties imposed for violation of this Chapter. " All references in said Section 7-1. 01A(4) to Chapter 5 of Division 4 of Title 2 of California Code of Regulations is hereby deleted. RACQUET CLUB ROAD AND AVENIDA CABALLEROS SPECIAL PROVISIONS TRAFFIC SIGNAL INSTALLATION LEGAL RELATIONS & RESPONSIBILITY CITY PROJECT NO. 02-17 SECTION 7-PAGE 2 11/25/03 7-1 .05 Apprentices. - The provisions of Section 7-1 . 01A (5) shall be modified to read: "7-1.01A(5) Apprentices. - The Contractor shall comply with all applicable provisions of Section 1777 . 5 and 1777 . 6 of the California Labor Code relating to employment of apprentices on public works . " 7-1 .06 Trench Safety. - The provisions of Section 7-1 . 01E shall be modified to read: "7-1 .01E Trench Safety. - As required by Section 6705 of the California Labor Code and in addition thereto, whenever work under the Contract involves the excavation of any trench or trenches 1. 5 meters (5 feet) or more in depth, the Contractor shall submit for acceptance by the City or by a registered civil or structural engineer, employed by the City, to whom authority to accept has been delegated, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other ,provisions to be made for worker protection from the hazard of caving ground during the excavation, of such trench or trenches . If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by the Contractor, and all costs therefor shall be included in the price named in the Contract for completion of the Work as set forth in the Contract Documents. Nothing in this Section shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders . Nothing in this Section shall be construed to impose tort liability on the City, Engineer, or any of their officers, agents, representatives, or employees. " 7-1.07 Additional Provisions. - The following additional Paragraphs 7-1.23 through 7-1 . 29, inclusive, shall be inserted at the end of Chapter 7 of the Standard Specifications : 117-1.23 Contractor Not Responsible For Damage Resulting From Certain Acts of God. - As provided in Section 7105 of the California Public Contract Code, the Contractor shall not be responsible for the cost of repairing or restoring damage to the Work which damage is determined to have been proximately caused by an act of God, in excess of 5 percent of the contracted amount, provided, that the Work damaged was built in accordance with accepted and applicable building standards and the plans and specifications of the City. The Contractor shall obtain insurance to indemnify the City for RACQUET CLUB ROAD AND AVENIDA CABALLEROS SPECIAL PROVISIONS TRAFFIC SIGNAL INSTALLATION LEGAL RELATIONS &RESPONSIBILITY CITY PROJECT NO. 02-17 SECTION 7-PAGE 3 11/25/03 any damage to the Work caused by an act of God if the insurance premium is a separate bid item in the bidding schedule for the Work. For purposes of this section, the term "acts of God" shall include only the following occurrences or conditions and effects : earthquakes in excess of a magnitude of 3 . 5 on the Richter Scale, and tidal waves . " 117-1.24 Notice of Completion. - In accordance with the Sections 3086 and 3093 of the California Civil Code, within 10 days after date of acceptance of the Work by the City Council, the City will file, in the County Recorder' s office, a Notice of Completion of the Work. 117-1.25 Unpaid Claims. - If, at any time prior to the expiration of the period for service of a Stop Notice, there is served upon the City a Stop Notice as provided in Sections 3179 through 3210 of the Civil Code of the State of California, the City shall, until the discharge thereof, withhold from the moneys under its control so much of said moneys due or to become due the Contractor under this Contract as shall be sufficient to answer the claim stated in such stop notice and to provide for the reasonable cost of any litigation thereunder; provided, that if the Engineer shall, in its discretion, permit the Contractor to file with the City the bond referred to in Section 3196 of the Civil Code of the State of California, said moneys shall not thereafter be withheld on account of such Stop Notice. " 117-1 .26 Retainage From Monthly Payments . - Pursuant to Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any money withheld by the City to insure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent, who shall return such securities to the Contractor upon satisfactory completion of the Contract . Deposit of securities with an escrow agent shall be subject to a written agreement for in-lieu construction payment retention provided by the City between the escrow agent and the City which provides that no portion of the securities shall be paid to th 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 RACQUET CLUB ROAD AND AVENIDA CABALLEROS SPECIAL PROVISIONS TRAFFIC SIGNAL INSTALLATION LEGAL RELATIONS&RESPONSIBILITY CITY PROJECT NO. 02-17 SECTION 7-PAGE 4 11/26/03 the Government Code and to bank or savings and loan certificates of deposit. " 117-1.27 Removal, Relocation, or Protection of Existing Utilities . - In accordance with the provisions of Section 4215 of the California Government Code, any contract to which a public agency as defined in Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made apart of the invitation for bids . The agency will compensate the Contractor for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. The Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the public agency or the owner of the utility to provide for removal or relocation of such utility facilities . Nothing herein shall be deemed to require the public agency to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve the public agency from identifying main or trunk lines in the plans and specifications. If the Contractor while performing the contract discovers utility facilities not identified by the public agency in the contract plans or specifications, he or she shall immediately notify the public agency and utility in writing. The public utility, where they are the owner, shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price. " 117-1.28 Contracts for Trenches or Excavations; Notice on Discovery of Hazardous Waste or Other Unusual Conditions; Investigations; Change Orders; Effect on Contract. - As required under Section 7104 of the Public Contracts Code, in any public works contract of a local public entity which RACQUET CLUB ROAD AND AVENIDA CABALLEROS SPECIAL PROVISIONS TRAFFIC SIGNAL INSTALLATION LEGAL RELATIONS,& RESPONSIBILITY CITY PROJECT NO. 02-17 SECTION 7-PAGE 5 1 1/25/03 involves the digging trenches or other excavations that extend deeper than 1 . 2 meters (4 feet) below the surface shall be subject to the following conditions : The Contractor shall promptly, and before the following conditions are disturbed, notify the public entity in writing, of any: (1) Material that, the Contractor believes may be material that is hazardous waste as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law. (2) Subsurface or latent physical conditions at the site differing from those indicated. (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. " 117-1.29 Resolution of Construction Claims. - As required under Section 20104, et seq. , of the California Public Contract Code, any demand of $375, 000 or less, by the Contractor for a time extension,, payment of money, or damages arising from the work done by or on behalf of the Contractor pursuant to this Contract; or payment of an amount which is disputed by the City shall be processed in accordance with the provisions of said Section 20104, et . seq. , relating to informal conferences, non-binding judicially-supervised mediation, and judicial arbitration. A single written claim shall be filed under this Article prior to the date of final payment for all demand 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 or 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, RACQUET CLUB ROAD AND AVENIDA CABALLEROS SPECIAL PROVISIONS TRAFFIC SIGNAL INSTALLATION LEGAL RELATIONS&RESPONSIBILITY CITY PROJECT NO. 02-17 SECTION 7-PAGE 6 11/26/03 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. 7-1.08 Permits and Fees . - The Contractor is required to sign a City construction permit, but the fee will be waived. 7-1 .09 Business License. - The Contractor and all subcontractors shall posses a current business license issued by the City prior to performing any work, in accordance with Title 3 of the Palm Springs Municipal Code . 7-1.10 Contractor' s Representative. - The Contractor shall designate, in writing, before starting work, an authorized representative who shall have the authority to represent and act for the Contractor. 7-1 .11 Disposal Site. - The Contractor is required to specify the route and the disposal site of the material which is required to be removed and hauled away. The Contractor shall provide this information at the pre-construction meeting. The Contractor shall obtain City approval for storage or disposal sites located on City-owned property by executing a hold harmless agreement prior to stockpiling on City-owned property or hauling on City routes. The Contractor will not be permitted to stockpile any removals on any adjacent vacant lots with or without the property owner' s approval. 7-1 .12 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 7-13 of these Special Provisions . RACQUET CLUB ROAD AND AVENIDA CABALLEROS SPECIAL PROVISIONS TRAFFIC SIGNAL INSTALLATION LEGAL RELATIONS&RESPONSIBILITY CITY PROJECT NO. 02-17 SECTION 7-PAGE 7 11/25/03 The use- of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods . Materials and equipment shall be removed from the site as soon as they are no longer necessary; and upon completion of the work and before final inspection the entire worksite shall be cleared of equipment, unused materials, trash, rubbish and debris so as to present a satisfactory clean and neat appearance, as approved by the Engineer. Ail 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. 7-1.13 Dust Control. The Contractor shall be responsible for stabilizing the disturbed soil during construction. The- method which it will use must be approved by the Engineer. If a water meter is required by the Engineer during construction, the Contractor shall contact the Desert Water Agency at (760) 323-4971 to obtain said meter. The cost of this work shall be included in the price of various items in the Bid Schedule, and no additional payment will be made therefor. The Contractor shall be responsible for maintaining the project site and providing adequate dust control 24 hours a day, everyday, through the duration of the project, in conformance with City requirements, Section 10 of the Standard specifications, and to the satisfaction of the City Engineer. 7-1.14 Protection of Existing Improvements. - It shall be the Contractor' s responsibility to protect all the existing improvements. Should the Contractor anticipate removal of any sidewalk, curb and gutter, driveway approach, trees, hedges, oleanders, fence, wall, signs, water valves, irrigation system and associated electrical service, etc. , repair and replacement shall be at least equal to existing improvements . Payment for providing all work necessary to protect, remove and restore existing improvements shall be considered as included in the Contractor' s lump sum bid, and no additional payment will be made therefore. 7-1.15 Damage to Adjacent Property. - The Contractor shall be responsible for any and all damage done to existing property and adjacent properties during all construction work under this RACQUET CLUB ROAD AND AVENIDA CABALLEROS SPECIAL PROVISIONS TRAFFIC SIGNAL INSTALLATION LEGAL RELATIONS&RESPONSIBILITY CITY PROJECT NO. 02-17 SECTION 7-PAGE 8 11/25/03 contract; and the Contractor, at its own expense, shall make any repairs that result from its operation, to the approval of the Engineer and the affected property owner. 7-1 .16 Traffic Control and Access . - The Contractor shall submit to the Engineer, at the Pre-Construction Conference proposed traffic control plans for this project, for his approval. Any changes requested by the Engineer will be incorporated into the plans prior to issuing any permits . The plans must be sufficiently detailed, showing proposed phase construction, all detours planned within the construction site, and must include signage (each sign designation shown) , solar-powered arrow boards, delineators, barricades, etc. The Contractor will be required to control, and detour all streets using the State of California Traffic Manual . The Contractor shall provide and maintain all necessary traffic control to protect and guide traffic for all work in the construction area, including solar powered arrow boards . All traffic controls shall be clearly posted with signs prior to the beginning of any work. All traffic restrictions listed herein are to supplement other traffic regulations of the City and are not intended to delete any part of these regulations . Local access shall be maintained to all properties on the project at all times. No trench excavation or pipe laying on Fridays, weekends, holidays or the day preceding a holiday will be permitted without prior approval of the Engineer. Fridays shall be used for cleanup and paving where possible. 7-1.17 Notice to Property Owners or Businesses. - The Contractor shall notify the property owners or occupants of affected properties with a written notice 48 hours prior to the beginning of construction. 7-1 .18 Travel Lanes. - The Contractor is responsible for maintaining a minimum of one lane open in each direction to traffic during the construction. On the remaining streets it shall maintain emergency exits to all residences and businesses at all times during construction. In the evening, the Contractor shall open the streets to regular traffic. Flaggers will be required to insure the safe flow of traffic at intersections and businesses that may be affected. This work shall be included in the price for traffic control in the Bid Schedule and no separate payment will be made therefor. RACQUET CLUB ROAD AND AVENIDA CABALLEROS SPECIAL PROVISIONS TRAFFIC SIGNAL INSTALLATION LEGAL RELATIONS &RESPONSIBILITY CITY PROJECT NO. 02-17 SECTION 7-PAGE 9 1 1/25/03 7-1.19 Construction Signing, Lighting and Barricading. - Construction signing, lighting and barricading shall be provided on all projects as required by City Standards or as directed by the Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1996, or subsequent editions in force at the time of construction. 7-1.20 Temporary No Parking Signs. - Temporary No Parking signs shall be posted at least 24 hours, but no more than 48 hours in advance of the work. The signs shall be placed no more than 100 feet apart on each side of the street and at shorter intervals if conditions warrant . The Contractor shall provide the signs and will be responsible for adding the dates and hours of closure to the signs . Removal of signs and furnishing and placing of barricades, if necessary, for posting of signs will be provided. All signs shall be removed within 24 hours after the effective date. 7-1.21 Safety and Health Provisions. - Attention is directed to Section 7-1 . 06 of the Standard Specifications and the provisions thereof. Cal/OSHA requirements and the provisions of the "Permit to Excavate" obtained by the Contractor from the State Division of Industrial Safety shall be complied with. 7-1.22 Public Safety During Non-Working Hours. - Notwithstanding the Contractor' s primary responsibility for safety on the jobsite when the Contractor is not present, the Engineer at his option after attempting to contact the Contractor, may direct City forces to perform any functions he may deem necessary to ensure public safety at or in the vicinity of the job site. If such procedure is implemented, the Contractor shall bear all expenses incurred by the City. 7-1.23 Equipment Moving. - When moving from one construction location to another, a pilot vehicle shall lead all construction equipment. Flashing lights, flags and warning signs shall be used as necessary to ensure public safety. All costs for equipment moving shall be included in the prices for all bid items in the Bid Schedule and no additional payment will be made therefor. 7-1.24 The Contractor, An Independent Contractor. - It is understood and agreed that the Contractor is and at all times shall be, an independent Contractor and nothing contained herein shall be construed as making the Contractor, or any individual whose compensation for services is paid by the Contractor, an agent or employee of the City, or authorizing the Contractor to RACQUET CLUB ROAD AND AVENIDA CABALLEROS SPECIAL PROVISIONS TRAFFIC SIGNAL INSTALLATION LEGAL RELATIONS&RESPONSIBILITY CITY PROJECT NO. 02-17 SECTION 7-PAGE 10 11/25/03 create or assume any obligation or liability for or on behalf of the City. 7-2 BONDS AND INSURANCE 7-2 .01 Insurance Amounts: - The limits of liability for insurance as required by Article 7-1. 12 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 a minimum of $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 $ 11000, 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: RACQUET CLUB ROAD AND AVENIDA CABALLEROS SPECIAL PROVISIONS TRAFFIC SIGNAL INSTALLATION LEGAL RELATIONS &RESPONSIBILITY CITY PROJECT NO. 02-17 SECTION 7-PAGE 11 1 1/25/03 $1, 000, 000 Each Occurrence Or a combined single limit of $1, 000, 000 - END OF SECTION - RACQUET CLUB ROAD AND AVENIDA CABALLEROS SPECIAL PROVISIONS TRAFFIC SIGNAL INSTALLATION LEGAL RELATIONS&RESPONSIBILITY CITY PROJECT NO. 02-17 SECTION 7-PAGE 12 11/25/03 SECTION 8 - PROSECUTION AND PROGRESS 8-1 Schedule of Work. - A schedule of work shall be provided by the Contractor at the pre-construction meeting. The Contractor' s schedule, as submitted, is subject to approval by the Engineer. The Contractor shall also provide a list of all subcontractors and suppliers at said meeting. All subcontractors shall be present at the pre-construction meeting. 8-2 Hours of Operation. - It shall be unlawful for any person to operate, permit, use or cause to operate any of the following types of vehicles, equipment, or tools, other than between the hours of 7 : 00 a.m. to 3 : 30 p.m. , Monday through Friday (no work allowed on legal holidays) , unless otherwise approved by the Engineer, and except for working premium hours as discussed under "Completion Schedule" : a) Powered Vehicles b) Construction Equipment c) Loading and Unloading Vehicles d) Domestic Power Tools - END OF SECTION - RACQUET CLUB ROAD AND AVENIDA CABALLEROS SPECIAL PROVISIONS TRAFFIC SIGNAL INSTALLATION PROSECUTION &PROGRESS CITY PROJECT NO. 02-17 SECTION 8-PAGE 1 11/25/03 SECTION 9 - MEASUREMENT AND PAYMENT 9-1 GENERAL 9-1 .1 Description: - Payment for the various items of the Bid Sheets, as further specified herein, shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of work being described, as necessary to complete the various items of work, all in accordance with the provisions for Measurement and Payment in the Standard Specifications and these Special Provisions, and as shown on the drawings, including all appurtenances thereto, and including all costs of compliance with the regulations of public agencies having jurisdiction, including Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration of the U. S . Department of Labor (OSHA) . No separate payment will be made for any item that is not specifically set forth in the Bid Sheet (s) , and all costs therefor shall be included in the prices named in the Bid Sheet (s) for the various appurtenant items of work. 9-1.2 Progress 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. At the expiration of 35 days after acceptance of the Work by the City Council, or as prescribed by law, the amount deducted from the final estimate and retained by the City will be processed for payment to the Contractor, except for such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. RACQUET CLUB ROAD AND AVENIDA CABALLEROS SPECIAL PROVISIONS TRAFFIC SIGNAL INSTALLATION MEASUREMENT AND PAYMENT CITY PROJECT NO. 02-17 SECTION 9-PAGE 1 11/25/03 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 materialmen. 9-2 PAYMENT SCHEDULE 9-2.1 Initial Mobilization: - Measurement for payment for initial mobilization will be based upon completion of such work, considered as included in the lump sum bid, and shall require completion of all of the listed items during the first 15 days following Notice to Proceed. Payment for Initial Mobilization will be considered as included in the Contractor' s lump sum bid price, which price shall constitute full compensation for all such work. The scope of the work included under initial mobilization 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 on to the site of all Contractor' s plant and equipment required for first month' s operations per Section 5-1 . 10 of the Standard Specifications. 2 . Installing temporary construction power, wiring, and lighting facilities . 3 . Developing and installing construction water supply per Section 40-1 . 02 of the Standard Specifications . 4 . Providing on-site sanitary facilities and potable water facilities as specified per Cal-OSHA as required by Section 7-1 . 06 of the Standard Specifications . 5. Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, equipment, or materials that have not yet RACQUET CLUB ROAD AND AVENIDA CABALLEROS SPECIAL PROVISIONS TRAFFIC SIGNAL INSTALLATION MEASUREMENT AND PAYMENT CITY PROJECT NO. 02-17 SECTION 9-PAGE 2 11/25/03 been installed in the Work. All such storage shall meet manufacturer' s specified storage requirements, and the specific provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security. 6. Arranging for and erection of Contractor' s work and storage yard. 7 . Obtaining and paying for all required permits . 8 . Posting all OSHA required notices and establishment of safety programs per Cal-OSHA as required by Section 7-1. 06 of the Standard Specifications. 9. Having the Contractor' s superintendent at the job site full time as required under Section 5-1 . 05 of the Standard Specifications . 10 . Submittal of required Construction Schedule as specified in Section 8-1 . 04 of the Standard Specifications. In addition to the requirements specified above, all submittals shall conform to the applicable requirements of the Standard Specifications. No payment for any of the listed mobilization work items will be made until all of the listed items have been completed to the satisfaction of the Engineer. The aforementioned amount will be withheld by the City as the agreed, estimated value of completing all of the mobilization items listed. Any such withholding of money for failure to complete all such mobilization items as a lump-sum item shall be in addition to the retention of any payments pursuant to the provisions of Public Contract Code 22300. 9-2 .2 Lump Sum Pay Items: - The following Section 9-1. 016 shall be added to the Standard Specifications : 9-1. 016 LUMP SUM PAY ITEMS On lump sum items, the Contractor shall submit, for approval by the Engineer, a Schedule of Values, or lump sum price breakdown, which will serve as the basis for progress payments and shall be incorporated into a RACQUET CLUB ROAD AND AVENIDA CABALLEROS SPECIAL PROVISIONS TRAFFIC SIGNAL INSTALLATION MEASUREMENT AND PAYMENT CITY PROJECT NO.02-17 SECTION 9-PAGE 3 1 1/25/03 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 - RACQUET CLUB ROAD AND AVENIDA CABALLEROS SPECIAL PROVISIONS TRAFFIC SIGNAL INSTALLATION MEASUREMENT AND PAYMENT CITY PROJECT NO. 02-17 SECTION 9-PAGE 4 11/25/03 SECTION 10 - CONSTRUCTION DETAILS 10-1 GENERAL 10-1.1 DESCRIPTION The work under this contract shall consist of furnishing all labor, materials, vehicles, tools, machinery, equipment, etc. , necessary for installing a new complete traffic signal and lighting system at the Racquet Club Road and Avenida Caballeros intersection, and appurtenant work, all as shown on the plans, providing qualified supervision and all other items necessary to provide complete and operational improvements to the satisfaction of the City of Palm Springs . Such items and details not mentioned herein that are required by the plans, Standard Specifications, these Special Provisions, or any addenda or clarifications shall be furnished, placed, installed or performed. 10-1 .2 MAINTAINING TRAFFIC Attention is directed to Sections 7-1. 08, "Public Convenience, " 7- 1. 09, "Public Safety, " and 12, "Construction Area Traffic Control Devices, " of the Standard Specifications and these Special Provisions. Nothing in these Special Provisions shall be construed as relieving the Contractor from its responsibility as provided in said Section 7-1 . 09 . In addition to the provisions set forth in Section 7-1 . 09 "Public Safety" whenever work to be performed on the traveled way (except the work of installing, maintaining, and removing traffic control devices) is within 6 feet of the adjacent traffic lane, the adjacent traffic lane shall be closed. The Contractor shall notify local authorities of its intent to begin work at least 5 days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make its own arrangements relative to keeping the working area clear of parked vehicles. The Contractor shall not tow any parked vehicles without authorization of the City Police Department. Full compensation for furnishing all labor, materials (including signs) , tools, equipment and incidentals, and for doing all the work involved in placing, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of traffic control plans will be considered as included in the RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION SPECIAL PROVISIONS CITY PROJECT NO.02-17 CONSTRUCTION DETAILS 11/25/03 SECTION 10- PAGE 1 Contractor' s lump sum bid, and no additional compensation will be made therefor. 10-1.3 RECORD DRAWINGS The Contractor shall maintain a complete set of record drawings at the job site . All documents including contract and shop drawings shall be legibly marked showing each actual item of record construction including: 1. Measured depths of elements in relation to fixed datum points . 2 . Measured horizontal and vertical locations of underground utilities and appurtenances with reference to permanent surface improvements . 3. Measured locations of internal utilities and appurtenances concealed in construction with reference to visible and accessible features of construction. 4 . Field changes of dimensions, locations and/or materials with details as required to clearly delineate the modifications . 5. Any details not in original contract drawings developed by the City or the Contractor through the course of construction necessary to clarify or modify the contract drawings. The Contractor shall legibly modify the contract specifications to reflect actual items of record construction including: 1. Manufacturer, trade name, and catalog number of each product actually installed, particularly optioned items and substitute items. 2 . Changes made by addendum or modifications. The Contractor shall maintain all record information daily and make this information available to the Project Inspector upon request. The Contractor' s progress payment will not be approved unless project record drawings are current. 10-1.4 INSPECTION OF WORK AND TESTING LABORATORY A. Description. Inspection of the work will be under the supervision of the Engineer and will include monitoring and enforcing compliance of materials, equipment, installations, Workmanship, methods and requirements of the contract documents. RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION SPECIAL PROVISIONS CITY PROJECT NO.02-17 CONSTRUCTION DETAILS 11/25/03 SECTION 10-PAGE 2 The Engineer may be represented on the work site by Inspectors and other duly authorized representatives . All submittals and correspondence between the City and the Contractor, related to inspection of the work on this contract, shall be directed to the Engineer. B. Testing Laboratory. The Engineer shall be responsible for providing a certified laboratory for the testing of all materials and work on this project (as required) . The Contractor shall notify the Engineer no less than two (2) working days in advance of any required materials testing. C. Controller Testing. The City shall designate a laboratory or manufacturer for testing of the new controller, and the Contractor shall provide the new controller to that laboratory or manufacturer for testing at least 3 weeks prior to their installation. The Contractor shall duly notify the Engineer in advance of the new controller installation and coordinate testing as required herein. The City shall pay for the initial testing of the controller, to be tested at the designated testing laboratory. The Contractor shall be responsible for any costs of re-testing the controller, if the controller supplied by the Contractor fails the initial testing performed by the designated testing laboratory, and payment therefore shall be considered as included in the Contractor' s lump sum bid, and no additional compensation will be made therefore. 10-2 CLEARING, GRUBBING AND REMOVALS 10-2.1 Disposal Site - The Contractor is required to 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 meeting. The Contractor will not be permitted to stockpile any removals on any adjacent vacant lots with or without the property owner' s approval. 10-2 .2 Removals. - Where required to install the required improvements, existing concrete curb, sidewalk (including ramps) , and asphalt concrete pavement shall be removed to neatly sawed edges with saw cuts made to a minimum depth of one-half the thickness of said material. Concrete sidewalk (including curb ramps) to be removed shall be neatly sawed in straight lines either parallel to the curb or at right angles to the alignment of RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION SPECIAL PROVISIONS CITY PROJECT NO.02-17 CONSTRUCTION DETAILS 11/25/03 SECTION 10- PAGE 3 the sidewalk. Concrete shall be sawcut to the nearest cold joint, weakened plane joint, or expansion joint in all directions, regardless of panel size or the distance from sawcut to joint. Curb and gutter shall be sawed to a minimum depth of one-half of the thickness of the concrete on a neat line at right angles to the curb face . Payment for removal of existing concrete curb, sidewalk (including ramps) , and asphalt concrete pavement, including all necessary equipment, materials, and labor necessary for all such removals and disposal thereof, shall be considered as included in the Contractor' s lump sum bid, and no additional compensation shall be allowed therefore. 10-2 .3 Existing Facilities - It shall be the _ Contractor' s responsibility to protect all existing improvements not designated for removal. Should the Contractor anticipate removal of any sidewalk, handicap ramps, curbs, gutters, driveway approaches, trees, hedges, oleanders, fences, walls, signs, water valves, irrigation system components and associated electrical service, etc. , that is not slated for removal as part of the Contract, repair and replacement shall be at least equal to the existing improvements prior to such damage, all in accordance with requirements of ,the Contract Documents. The Contractor shall be responsible for any and all damage done to existing property and adjacent properties during all construction work under this contract, and the Contractor, at its expense, shall make any repairs that result from its operations, to the approval of the Engineer and the subject property owner. Damaged or removed bikeway or traffic striping shall be replaced by the Contractor with permanent striping within 24 hours of damage or removal, or replaced with temporary striping at the discretion of the Engineer. The Contractor will not be permitted to stockpile any removals on any adjacent vacant lots with or without the property owner' s approval. 10-3 PORTLAND CEMENT CONCRETE 10-3.1 Material - Portland cement concrete of the class and type shown on City Standard Drawings shall be used to construct new curb, gutter, access ramps, and sidewalk (where required to replace removals that were necessary for installation of the required improvements) . Where class and type are not specified, in the standard drawings or plans, Portland Cement Concrete of type 560-C-3250 (6 Sack) shall be used for construction, in accordance RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION SPECIAL PROVISIONS CITY PROJECT NO,02-17 CONSTRUCTION DETAILS 11/25/03 SECTION 10-PAGE 4 with Section 201 of the Standard Specifications for Public Works Construction "Greenbook", 2000 Edition. 10-3.2 Improvements - Construction of curb, gutter, sidewalk or access ramps shall comply with applicable City Standard Drawings or to the details provided in the drawings . 10-3.3 Access Ramps - Construction of Type "A" or "B" access ramps shall conform to the City of Palm Springs Standard Drawing Number 212 or 213 . Construction of a pedestrian access ramp shall comply with the detail shown on the plans . The standard drawings conform to ADA standards as called for in the Plans. Details specified in this Standard Drawing shall govern, but the Construction Plans shall be referred to for other specifications not explicitly stated or shown on the City of Palm Springs Standard Drawing. Construction materials and application details shall conform to Section 303-5 of the "Greenbook" Standard Specifications . New curb ramps shall cleanly match existing improvements where required. 10-3.4 Vandalism - The Contractor shall be responsible for protecting all new Portland cement concrete construction from vandalism. Any vandalism identified on new concrete construction shall be removed and replaced by the Contractor, as required and directed by the City Engineer. 10-3.5 Measurement and Payment - Payment for construction of Portland cement concrete items complete in place as shown on the plans, as specified in the standard specifications and in these special provisions and as directed by the Engineer, including all material, labor, plant, equipment, furnishing all transportation, hauling, spreading, finishing, and protecting new concrete items from vandalism, shall be considered as included in the Contractor' s lump sum bid, and no additional compensation shall be allowed therefore. 10-4 TRAFFIC STRIPING, SIGNAGE AND MARKINGS 10-4.1 Remove Pavement Markers - Existing pavement markers, when no longer required for traffic lane delineation as directed by the Engineer, shall be removed and disposed of. The condition of the surface of existing asphalt concrete pavement after removal of pavement markers shall not contain holes, gaps, cracks or other damage resulting from the removal operation. The condition of the street surface shall meet the satisfaction of the City Engineer, and the Contractor shall be responsible for making any and all pavement repairs due to removal of pavement markers. RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION SPECIAL PROVISIONS CITY PROJECT NO.02-17 CONSTRUCTION DETAILS 11/25/03 SECTION 10- PAGE 5 10-4 .2 Remove Traffic Striping And Pavement Markings - Traffic striping and pavement markings to be removed are shown on the plans and will be designated by the Engineer. Removal of all existing traffic striping and pavement markings shall be performed by "wet" sandblasting. Where blast cleaning is used for the removal of traffic stripes and pavement markings or for removal of objectionable material, and such removal operation is being performed within 10 feet of a lane occupied by public traffic, the residue including dust shall be removed immediately after contact between the sand and the surface being treated. Such removal shall be by a vacuum attachment operating concurrently with the blast cleaning operation. Whenever the Contractor' s operations obliterate pavement delineation (lane lines, either pavement markers or painted lines or both) , such pavement delineation shall be replaced by Contractor before completion of project. Either permanent or temporary delineation shall be installed by Contractor before opening the traveled way to public traffic. Temporary delineation shall consist of reflective raised pavement markers (Type "L" temporary pop-ups) which shall be applied in accordance with the manufacturer' s instructions . Temporary delineation shall be the same color as the permanent delineation. Full compensation for temporary delineation shall be considered as included in the Contractor' s lump sum bid,_ and no additional compensation shall be allowed therefore. Nothing in these special provisions shall relieve the Contractor from its responsibilities as provided in Section 7-1 . 09, "Public Safety, " of the Standard Specifications . 10-4.3 Thermoplastic Traffic Striping And Pavement Markings - Thermoplastic traffic striping (traffic lines) and pavement markings shall conform to the provisions in Sections 84-1, "General, " and 84-2, "Thermoplastic Traffic Stripes and Pavement Markings, " of the Caltrans Standard Specifications and these special provisions. The Contractor shall use State metric stencils for all legends and arrows on this project, conforming to the new Bureau of Public Roads Standards. The Contractor shall contact the Street Maintenance Supervisor of the City of Palm Springs, at (760) 323-8364 Ext. 8503, 72 hours before any legends are placed on City streets, to see that the pattern the Contractor is using match the pattern used by the City RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION SPECIAL PROVISIONS CITY PROJECT NO.02-17 CONSTRUCTION DETAILS 11/25/03 SECTION 10-PAGE 6 of Palm Springs. No other pattern will be allowed to be used except patterns that match City of Palm Springs . Thermoplastic material shall conform to the requirements of State Specification No. 8010-19A. 10-4. 4 Pavement Markers - Pavement markers shall conform to the provisions in Section 85, "Pavement Markers, " of the Caltrans Standard Specifications and these Special Provisions . 10-4.5 Remove Traffic Signs - Existing traffic signs, at locations shown on the plans to be removed, shall be removed and salvaged to the City maintenance yard. Existing traffic signs shall not be removed until replacement signs have been installed or until the existing traffic signs are no longer required for the direction of public traffic, unless otherwise directed by the Engineer. Compensation for removal and salvaging of traffic signs and posts shall be included in the Contractor' s lump sum bid, and no additional compensation will be made therefore. 10-4. 6 Install Traffic Signs - New traffic signs shall be installed on new telespar posts, on traffic signal mast arms, or other locations as shown on the plans. Each traffic sign shall be installed at the new location prior to or concurrently with the time at which the traffic sign is required for the direction of public traffic, unless otherwise directed by the Engineer. Compensation for installation of new traffic signs shall be considered as included in the Contractor' s lump sum bid, and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in installing new traffic signs, complete in place, including providing new telespar metal posts and hardware and installing the traffic sign, as shown on the plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer, and no additional compensation will be made therefore. 10-4.5 Payment - Payment for removal and disposal of pavement markers; removal of traffic striping and pavement markings; removing existing traffic signs and installing new traffic signs, as shown on the plans; furnishing and installing thermoplastic traffic stripes and pavement markings, complete in place, as shown RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION SPECIAL PROVISIONS CITY PROJECT NO.02-17 CONSTRUCTION DETAILS 11/25/03 SECTION 10-PAGE 7 on the plans; and furnishing and installing raised pavement markers (reflective and non-reflective) , complete in place, as shown on the plans; including all labor, materials, tools, equipment and incidentals and for doing all work involved therein, shall be considered as included in the Contractor' s lump sum bid, and no additional compensation shall be allowed therefore. SECTION 10-5 TRAFFIC SIGNALS, LIGHTING AND ELECTRICAL SYSTEMS 10-5.1 Description Traffic signals and lighting, shall conform to the provisions in Section 86, "Signals, Lighting and Electrical Systems, " of the Standard Specifications and these Special Provisions . Traffic signal and lighting work is to be performed at the Racquet Club Road and Avenida Caballeros intersection. 10-5.2 Order of Work Order of work shall conform to the provisions in Section 5-1. 05, "Order of Work", of the Standard Specifications and these Special Provisions . The first order of work shall be to place the order for the traffic signal control equipment within 72 hours of the Notice of Award by the City Council. Within 15 days of the Notice to Proceed, the Contractor shall furnish the City Engineer with a statement from the vendor that the order for said control equipment has been received and accepted by said vendor. Prior to commencement of the traffic signal function test, all items of work related to signal control shall be completed. 10-5.3 Equipment List and Drawings The controller cabinet schematic wiring diagram and intersection sketch on ISO Al Sheets (841 by 594 mm) 610 by 914 mm (24 by 36 inches) shall be combined into 2 drawings, sot that, when the cabinet is fully open, the drawing is oriented with the intersection. The Contractor shall furnish a maintenance manual for the controller unit, auxiliary equipment, and vehicle detector sensor units, control units and amplifiers . The maintenance manual and operation manual may be combined into one manual. The maintenance manual or combined maintenance and operation manual shall be submitted at the time the controller is delivered for testing or, RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION SPECIAL PROVISIONS CITY PROJECT NO,02-17 CONSTRUCTION DETAILS 11/25103 SECTION 10-PAGE 8 if ordered by the City Engineer, prior to purchase. The maintenance manual shall include, but need not be limited to, the following items: A. Specifications B. Design Characteristics C. General operation theory D. Function of all controls E. Trouble shooting procedure (diagnostic routine) F. Block circuit diagram G. Geographical layout of components H. Schematic diagrams I . List of replaceable component parts with stock numbers 10-5.4 Standards, Steel Pedestals and Posts Where the plans refer to the side tenon detail at the end of the signal mastarm, the applicable tip tenon detail may be substituted. The sign mounting hardware, as shown on Detail U of Standard Plan ES-7N, shall be installed at the locations shown on the plans. The sign panels and hardware for mastarm and pole mounted signs shall be furnished and installed by the Contractor and shall be included in the Contractor' s lump sum bid, and no additional compensation will be made therefore. Traffic signal standards, poles and posts shall not be installed onto foundations unless the traffic signal controller assembly has successfully passed its functional test (and any required re- tests) , and no more . than 10 days prior to the scheduled traffic signal turn-on, unless otherwise approved by the City Engineer. 10-5.5 Conduit Conduit to be installed underground shall be the rigid steel for traffic signals and rigid non-metallic type for all other electrical work type unless otherwise specified. Detector termination conduits may be the rigid non-metallic type. The conduit in a foundation and between a foundation and the nearest pull box shall be the rigid steel type unless specified. Detector termination conduits may be the rigid non-metallic type. When a standard coupling cannot be used for coupling metal type conduit, a UL listed threaded union coupling, as specified in the third paragraph in Section 86-2 . 05.05C, "Installation, " of the RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION SPECIAL PROVISIONS CITY PROJECT NO.02-17 CONSTRUCTION DETAILS 11/25/03 SECTION 10-PAGE 9 Standard Specifications, or a concrete-tight split coupling or concrete-tight set-screw coupling shall be used. Insulated bonding bushings will be required on metal conduit. All pull boxes shall be located behind the curb or at the locations shown on the plans . After conductors have been installed, the ends of conduits terminating in pull boxes and controller cabinets shall be sealed with an approved type of sealing compound. At locations where conduit is to be installed under pavement and existing underground facilities require special precautions, conduit shall be paved by trenching as provided below. Installation of Conduit. - Conduit shall be installed by jacking or drilling only unless the City Engineer determines the material underlying the pavement warrants trenching. At locations where conduit is to be installed by jacking or drilling as provided in Section 86-2 . 05C, "Installation, " of the Standard Specifications, and if delay to any vehicle will not exceed 5 minutes, conduit may be installed by the trenching method as follows: All trenching shall be approximately 2 inches wider than the outside diameter of the conduit to be installed and the trench shall not exceed 6 inches in width. Conduit depth shall be a minimum of 24 inches or conduit nominal diameter plus 10 inches, whichever is greater, except that at pull boxes the trench 'may be hand dug to required depth. The outline of all areas of paving to be removed shall be cut to a minimum depth of 3 inches with an abrasive type saw or with a rock cutting excavator specifically designed for this purpose. Cuts shall be neat and true with no shatter outside the removal area. Shattered or broken asphalt concrete pavement shall be removed by additional saw-cutting such that clean pavement edges are provided. Replacement of asphalt concrete pavement shall comply with Section 39 of the Standard Specifications, such that ' the asphalt concrete surfacing is of uniform smoothness, texture and density. The Contractor shall install the asphalt concrete pavement on compacted backfill, in conformance with City of Palm Springs Standard Drawing No. 115, or as otherwise approved by the Engineer. Replacement of Portland cement concrete shall comply with Section 73 of the Standard Specifications such that new Portland cement concrete curbs and sidewalks or other facilities that are required to be removed are joined to existing improvements to the satisfaction of the Engineer. RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION SPECIAL PROVISIONS CITY PROJECT NO.02-17 CONSTRUCTION DETAILS 11/25/03 SECTION 10- PAGE 10 10-5. 6 Bonding and Grounding Grounding jumper shall be attached by a 3/16 inch or larger brass bolt in the signal standard or controller pedestal and shall be run to the conduit, ground rod or bonding wire in adjacent pull box. Grounding jumper shall be visible after cap has been cast on foundation. 10-5.7 Pull Boxes Grout shall not be placed in bottom of 'pull boxes. Pull-boxes, pull box covers, and pull box extensions shall be concrete unless specified otherwise for various other electrical work elsewhere in these special provisions . No. 6 pull box covers shall be reinforced fiber glass material. 10-5.8 Conductors and Wiring Splices shall be insulated by "Method B" or, at the Contractors options, splices of conductors shall be insulated with heat-shrink tubing of the appropriate size after thoroughly painting the spliced conductors with electrical insulating coating. Conductors shall be spliced by the use of "C" shaped connectors, as shown on the plans . Liquid tight flexible metal conduit will not be required to separate telephone and power conductors in controller cabinets . 10-5.9 Service Continuous welding of exterior seams in service equipment enclosures in not required. Type III-AF service equipment enclosures shall be the aluminum type. All overlapping exterior seams and doors shall meet the requirements for Type 3R enclosures specified in the NEMA Enclosure Standards . For all other requirements of the Type III-AF service, refer to the detail provided on the project drawing. RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION SPECIAL PROVISIONS CITY PROJECT NO.02-17 CONSTRUCTION DETAILS 11/25/03 SECTION 10- PAGE 11 10-5.10 Model 170 Controller Assemblies Model 170E controller assemblies, including controller unit, emergency vehicle pre-emption equipment, completely wired controller cabinet and auxiliary equipment shall be furnished and installed by the Contractor in accordance with the Standard Specifications, Section 86, and these Special Provisions . The Contractor shall construct controller cabinet foundation as shown on Standard Plan ES-3C for Model 332 cabinets to be installed (including furnishing and installing anchor bolts) , and shall install the controller cabinet, and shall make all field wiring connections to the terminal blocks in the controller cabinet. The Contractor shall furnish and install the controller assembly. The controller assembly shall be a Type 170E quad with a time base coordination module to provide 8 phase operation and wired for 8 phase, and shall be capable of accepting uploading and downloading. The controller unit shall be furnished complete with a Model 400 modem, quad ACIA ports, a Model 412C program module, a Bi Tran Systems 200 SA local controller software program, and a Bi Trans System 210 Master Controller software program. The program module shall be configured utilizing Method 2 Memory Select 4 and shall be furnished with one each of 27256 EPROM, D1225 Zero Power RAM, and 6264 RAM. The Contractor shall arrange to have a qualified signal technician present at the time the equipment is turned on. The signal technician shall be qualified to work on the controller unit and shall be an employee of .the controller unit manufacturer and Bi Trans System or their representative. The controller assembly shall be furnished with a shelf and drawer to facilitate the use of a keyboard and mouse as required by the computer unit and video monitor used in the video detection system. All controls and displays of the controller assembly shall face the front of the cabinet. The video 'detection monitor, controller, battery back-up system, and detector racks shall all face in the same direction toward the front of the cabinet allowing a system operator to view their operation simultaneously. The Contractor shall coordinate installation of all controller assembly equipment within the controller cabinet with the City Engineer prior to installation. The City Engineer shall approve the configuration of controller assembly components prior to their installation. RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION SPECIAL PROVISIONS CITY PROJECT NO.02-17 CONSTRUCTION DETAILS 11/25/03 SECTION 10-PAGE 12 The controller assembly shall include a radio transceiver unit, COMMPAKTM Model 5100 SIR, manufactured by Encom Wireless Data Solutions, (403) 230-1122, www. encomwireless . com. The Contractor shall furnish and install the radios transceiver unit into the controller assembly, as required by the manufacturer' s specifications . 10-5.11 Testing Functional testing shall not begin, nor signal energizing occur, on a Friday or on the day preceding a legal holiday, and as specified in Section 86-1 . 07 of the Standard Specifications . Functional Testing: Functional testing shall conform to the provisions in Section 86-2 . 14C, "Functional Testing, " of the Standard Specifications and these Special Provisions . Refer to Section 10-1 . 4 C of these special provisions for requirements for functional testing of the new controller. Except for new or modified lighting circuits and sign illumination systems, the City will maintain the system or systems during the test period and will pay the cost of electrical energy for the operation of all the facilities that are undergoing testing. The cost of any necessary maintenance performed by the City, except electrical energy, shall be at the Contractor' s expense and will be deducted from any monies due, or to become due to the Contractor. The functional test shall consist of not less than 14 days . If unsatisfactory performance of the system develops, the conditions shall be corrected and the test shall be repeated until the 14 days of continuous, satisfactory operation is obtained. Uninterrupted Power Supply System - Clary' s SP1000R Traffic UPS (or approved equal) shall be installed. The system shall utilize a six battery system using Clary' s OPB-1241 Batteries . The batteries - shall be located outside of the signal cabinet in a number 6 pullbox, in accordance with the plans . The UPS shall be configured to run the intersection in full operation mode. 10-5.12 Emergency Vehicle Pre-emption General - Emergency vehicle pre-emption equipment to be furnished and installed or provided shall include the following: RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION - SPECIAL PROVISIONS CITY PROJECT NO.02-17 CONSTRUCTION DETAILS 11/25/03 - SECTION 10- PAGE 13 1 . Optical detectors and signal mast arm assemblies for each approach, as shown on the plans (Tomar 209X-SD or approved equal) . 2 . Rack-mounted optical signal processor in each controller assembly, sufficient for 8-phase operation (Tomar 2000 series or approved equal) . 3 . Detector cable as recommended by the manufacturer. The suggested manufacturer, Tomar Electronics, Inc. , can be contacted at (800) 338-3133; 2100 West Obispo Avenue, Gilbert, AZ 85233; www.tomar. com. The system shall be designed to prevent simultaneous pre-emption by two or more emergency vehicles on separate approaches to the intersection. The Engineer, prior to timing and turn-on of the traffic signal, shall approve the operation of the emergency vehicle pre-emption sequence. It shall be the responsibility of the Contractor to provide a knowledgeable representative from the manufacturer or authorized distributor of the emergency vehicle pre-emption system on the first day of the traffic signal functional test to insure proper installation and functioning of the emergency pre-emption equipment . It shall be the responsibility of the Contractor that the emergency vehicle pre-emption equipment shall be furnished and installed in a complete, operative, manner as intended by the manufacturer and these Special Provisions . The Contractor shall arrange for, and pay the cost of, .the services of the controller manufacturer to perform any controller modifications required for the installation, or operation, of the emergency vehicle pre- emption equipment. The Contractor shall provide a vehicle equipped with an emitter to test and verify satisfactory operation of the equipment. Compensation for furnishing and installing emergency vehicle pre- emption system equipment, detector sensors, detector cable, and associated equipment shall be considered as included in the Contractor' s lump sum bid, and no additional compensation will be made therefore. 10-5.13 Vehicle Signal Faces and Signal Heads All signal heads shall be metal construction and powder-coated black in color. RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION SPECIAL PROVISIONS CITY PROJECT NO.02-17 CONSTRUCTION DETAILS 11/25/03 SECTION 10-PAGE 14 All vehicle signal heads shall be 12 inches with red, yellow and green indications, including arrows, conforming to the "Light Emitting Diode Retrofit Kit" specifications below. General: Light Emitting Diode Retrofit Kit -- The Light Emitting Diode (LED) retrofit kit shall be manufactured by The LED Sign & Signal Corporation, or equal . The LED retrofit kit shall replace the reflector, socket, gasket and lens assembly of the incandescent signal section and shall fit the sections of an incandescent signal face as specified in Section 86-4 . 01, "Vehicle Signal Faces, " of the Standard Specifications. Each retrofit unit shall consist of a convex lens made of clear ultraviolet stabilized plastic or glass, LED circuit board with 120-Volt AC quick disconnect connectors, and 2 - conductors as specified in Section 86-4 . 01C, "Electrical Components, " of the Standard Specifications . Each conductor shall have a quick disconnect connector at one end and a spade tongue connector at the other. The unit shall be sealed with one-piece neoprene or EPDM (Ethylene, Propylene, Diane Monomers) gasket and shall be watertight . Optical: The LEDs shall be the ultra bright type and shall be rated for 100, 000 hours of continuous operation at nominal current and at 25 degrees C. The minimum operating temperature range shall be from -25 degrees C. to 75 degrees C. The LED emission spectrum shall be 660 nm. The viewing angle shall be not less than 30 degrees . Each LED for the 12-inch circular indications shall be rated at 800 millicandelas (mcd) , minimum. The minimum number of LEDs for a 12-inch circular indication shall be 595. The LEDs shall be wired in a minimum of 7 parallel strings for the 12-inch circular indications . The LEDs shall be arranged uniformly throughout the circle. The, burn-out of any LED in a string shall only result in the loss of that string, not the entire indication. Electrical: The LED retrofit units shall be connected directly to 120-Volt AC with quick disconnect terminals. The operating voltage range shall be from 92-Volts AC to 125-Volts AC. The fluctuations of line voltage shall have minimum effect on the luminous intensity of the indications. The indications shall not glow immediately after de-energization. A step down transformer shall not be used. The nominal power consumption at 120 Volts AC for an 8-inch and a 12-inch circular indication shall not exceed 25 Watts and 30 Watts respectively. The nominal power consumption for a 12-inch arrow indication, if required, shall not exceed 15 Watts at 120 Volts AC. RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION SPECIAL PROVISIONS CITY PROJECT NO.02-17 CONSTRUCTION DETAILS 11/25/03 SECTION 10-PAGE 15 10-5.14 Pedestrian Signals Pedestrian signal faces shall be international symbol type and shall be Ecolux hand/man LED type or approved equal . Pedestrian signals shall be metal construction and powder coated black in color. Pedestrian signals shall not be "Clamshell" type. 10-5.15 Video Detection System The video detection system shall be furnished, installed and tested by the Contractor. The video detection system shall be Iteris Vantage Plus (multi-camera) system, to match the equipment currently in use by the City elsewhere. Installation: The supplier of the video detection system shall furnish complete documentation describing installation requirements within 10 days of placement of order. Such documentation shall include description of all required cabling, mounting, cameras, cabinet space, and power. Suitable video cabling and connections shall be installed to ensure the video signal losses between each camera and the ACU do not exceed 3dB. All power cabling shall be installed to comply with the National Electrical Code, as well as local electrical codes. The manufacturer of the system or its officially certified representative shall supervise the installation and testing of the system. Warranty, Maintenance and Support: The system shall be warranted by the manufacturers for a minimum period of three (3) years from the date of installation. During the warranty period, technical support by telephone shall be provided by the supplier 24 hours per day, reasonable exceptions being national holidays, and requests for support by telephone shall be answered by factory certified personnel within one (1) hour. During the warranty period, certified personnel from the supplier shall be on site within forty-eight (48) hours, if required, reasonable exceptions being national holidays . RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION SPECIAL PROVISIONS CITY PROJECT NO.02-17 CONSTRUCTION DETAILS 11/25/03 SECTION 10- PAGE 16 The supplier shall maintain a program for technical support and software updates following expiration of the warranty period. This program shall be made available to the contracting agency in the form of a separate agreement for the continuing support. The power supply for the video monitor in the cabinet shall be a dedicated GFI protected receptacle. The power to said receptacle shall be controlled by the door switch that the monitor faces. 10-5 .16 PEDESTRIAN PUSH BUTTONS Pedestrian push button signs shall be 5" x 7" and shall not extend beyond the mounting framework. The pedestrian push button housing shall be made of 356 aluminum heat treated to meet specification T-6. It shall be a telescoping vandal-proof design. The color shall be black, matching #17038, 27038, or 37038 of Federal standard #595B. All pedestrian push buttons shall be as manufactured by McCain Traffic Supply, Model No. MPB 02-ADA or approved equal . Push buttons shall be raised or flush, and shall be a minimum of 2- inches at the smallest dimension. Push buttons shall be located as close as practicable to the public sidewalk curb at a maximum height of 42-inches above the finished surface of the public sidewalk. The push button shall be made of polished stainless steel and assembled with all stainless steel components so as not to be corrosive. The actuator shall be conical in shape with the cone extending . 404" above the bezel of the switch housing in the neutral position. The microswitch component shall be a dust proof, water resistant type. It shall be a single pole, precision, snap acting type. It shall be U. C. listed and SCA Certified; and meet the requirement for NEMA TS-1 and TS-2 . The complete switching unit shall have an operating force of 3 lbs. and a minimum release force of 3 lbs . Pretravel shall be . 062 inch minimum. Overtravel shall be . 062 inch minimum. 10-5.17 Luminaires Ballasts shall be the lag or lead regulator type for traffic signal lighting. RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION SPECIAL PROVISIONS CITY PROJECT NO.02-17 CONSTRUCTION DETAILS 11/25/03 SECTION 10- PAGE 17 10-5.18 Internally Illuminated Street Name Signs' Internally illuminated street name signs shall be Type A with provisions allowing signs to withstand 80 mph wind loading with 125 mph guests . Sign legends shall be white on green as shown on the plan, 3M VIP translucent. Minimum copy size for the legends shall be Series C with Series D or E being used whenever message length permits . Details of color, style, borders, and spacing shall conform to the Standards established by Caltrans . 3M Scotchlite Diamond Grade Translucent VIP sheeting Series 3990T, or an approved equal, shall be used on the face of the sign. Abbreviations shall not be used except when the message length requires abbreviation and is subject to approval by the Engineer. "Periods" shall not be used on abbreviations. Full-size layouts for each legend shall be submitted to the Engineer for approval prior to fabrication. A -� inch close nipple and LB condulet shall be installed on the mastarm at the coupling point. The cable between sign and condulet shall be 3-conductor AWG No. 16 Type SJO. The green conductor of the cable shall be used for grounding between sign housing and condulet . The cable shall enter the sign housing and condulet through neoprene bushed CGN connectors. The cable shall be dressed in a neatly arced drip loop between sign and condulet with sufficient slack to facilitate sign swing. The photo-electric unit shall be Type V. 10-5.19 Foundations Foundations shall conform with the Standard Specifications Section 86-2. 03 and these Special Provisions. Portland cement concrete shall conform to Section 90-10, "Minor Concrete, " of the Standard Specifications, and shall contain not less than 564 pounds of cement per cubic yard. The exact location of all foundations for signal equipment and the service and controller cabinets shall be subject to approval by the City Engineer prior to the start of any excavation work. The completed intersection and traffic signals shall appear as shown on the plans . Foundations shall be formed with the use of Sonotube® fibre forms (by Sonoco Corporation, 1-800-959-1301) , or approved equal, one- piece, spirally wound and laminated fibre forms. Foundations shall not be formed against excavated earth. RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION SPECIAL PROVISIONS CITY PROJECT NO.02-17 CONSTRUCTION DETAILS 11/25/03 SECTION 10- PAGE 18 10-5.20 Photoelectric Controls Contactors shall be the mechanical armature type. 10-5 .21 Guarantee Of Work And Materials The Contractor shall assure and guarantee the work and material for a period of one year form the date of the final Notice of Completion against any and all defective work done or defective materials furnished in the performance of the contract. 10-5.22 Signal Activation Procedure At least two working days prior to the scheduled activation of phase 1 of the turn on of the traffic signal, all testing shall be completed and successful, all defects and deficiencies corrected, all indications operational and properly aimed, cables shall be labeled, controller and other hardware and software shall be fully operational and traffic signal timing installed into the controller assembly and functioning, all traffic striping and signage in place, and all other work associated with the traffic signal operational and in place. Any deficiencies found within two days of the activation shall require rescheduling of the turn on date. Traffic signals shall not be activated on a Friday or a day proceeding a City holiday. All activations shall be completed prior to 2 : 00 PM. Phase 1, Flash Operation Prior to turning on a new traffic signal over to daily operation, the Contractor shall complete the following: The morning of activation the Contractor shall place 2 orange flags on all Signal Ahead warning signs as shown here: The Contractor shall un-bug or uncover all traffic signal indications and traffic signs. The Contractor' s flagger shall stop traffic in all directions. RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION SPECIAL PROVISIONS CITY PROJECT NO.02-17 CONSTRUCTION DETAILS 11/25/03 SECTION 10-PAGE 19 The Contractor shall put the traffic signal into flash mode. For street intersections where the major approach did not previously have any prior traffic control, i . e. stop signs, the traffic signal shall flash yellow for the previously uncontrolled approach (major street) , and red for the previously controlled approach (minor street) . For street intersections previously controlled with an All-Way Stop, the signal shall flash red in all directions . Flash mode shall last from between 2-3 working days . Minor head re-aiming shall be done as needed during the phase one operation. Final testing of pedestrian buttons and vehicle detectors shall occur. Phase 2, Final Activation Final traffic signal activation into the fully operational mode shall consist of the following steps : 1 . The Contractor shall input controller timing. 2 . The Contractor shall conduct final testing and observation of the controller operation with his suppliers . The traffic signal shall be allowed to cycle with the indicators still in flash mode operation. Pedestrian push buttons shall be retested. 3 . The traffic signal shall be put into final operation prior to 2 : 00 PM. 4 . Timing and other devices shall be fine-tuned by the Contractor. 5 . The Contractor shall remove the orange flags from the advance warning signs . Phase 3, Assumption of Maintenance and Operation The testing phase of the project shall begin after the Final Activation Phase has been completed. The Contractor shall warranty and guarantee any required repairs and/or maintenance of the traffic signal system for a period of one year following a Notice of Completion, in accordance with the contract and project specifications . The Contractor shall provide the City with as-built redlines of the traffic signal plan. RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION SPECIAL PROVISIONS CITY PROJECT NO.02-17 CONSTRUCTION DETAILS 11/25/03 SECTION 10- PAGE 20 10-5.23 PAYMENT The lump sum contract price paid shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in furnishing and installing all new traffic signal and lighting system equipment, complete and fully operational in place as shown on the plans, including removal and replacement of existing improvements, construction of access ramps (where required and/or as shown on the plans) , as specified in the Special Provisions, and as directed by the Engineer, and no additional compensation will be made therefore. - END OF SECTION - RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION SPECIAL PROVISIONS CITY PROJECT NO. 02-17 CONSTRUCTION DETAILS 11/25/03 SECTION 10-PAGE 21 CITY OF PALM SPRINGS PUBLIC WORKS & ENGINEERING DEPARTMENT PART III - APPENDIX RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION CITY PROJECT NO. 02-17 Standard Drawings RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION CITY PROJECT NO. 02-17 CONTENTS 11/25/03 PART III NO. REVISIONS APPROVED DATE CONSTRUCT MINIMUM B-AR4000 4- THICK A.C. PAVEMENT IOR I- THICKER THAN EXISTING ADJACENT PAVEMENT OVER A" THICK) OVER 6' MISCELLANEOUS BASE AND COMPACTED EARTH FILL. FOLLOW CROWN CONTOUR OF EXISTING PAVEMENT. SEE NOTE NO, 3 REPLACE BASE LAYER IN KIND 1' THICK.02-AR4000 OVERLAY / EXISTING PAVEMENT-TO BE NEATLY SAW-CUT ON BOTH SIDES OF TRENCH } 4• MIN. I VERTICAL SIDE SLOPES 1 (REOUIREDI "�----'—`^—' 24' COMPACTED NATIVE 4V2 MALARIAL AT C CO RELATIVE COMPACT[ON .I' SLOPE1 .r _...,...x l� •_�SLO�£Ij LIOES RE9{IWE 1 SCAl OF.%dTYn'' > f COMPACT NATIVEiAT{hut nr 3 r • '�" � �4oac,�lEY.aL17,rE kYlF�J4criYE �w;�a � �. TOP OF pPE, �•. ''Fr91'E'AtYSPEdIA."I:i' sox tff LnnvE CD�i+d$rloa , WHEN NATIVE MATERIAL IS'UNSUTIBLE r WN• INSTALL-6- OF APPROVED IMPORTED ,IBUTTJOIN EXIST- PAVEMENT i BEDDING UNDER PIPE GRIND DOWN 1' .NANO EXCAVATE FOR BELL 1- FINAL OVERLAY 02-AR4000 I+ s B•AR4000 AC PAVEMENT CRUSHED MISCELLANEOUS/AGGREGATE BASE 4' MIN. O 1{—1 MAL OVERLAY DETAIL NOMS' NTS I. PAVE WITH TEMPORARY A.C. IMMEDIATELY. 2. A.C. PAVEMENT Is1 LIFT OF B-AR4000 MIN. 4" THICK SHALL BE PLACED IN I LIFT. IF EXISTING PAVEMENT IS OVER 4" THICK, IsI LIFT SHALL BE A MIN. OF 1' *THICKER THAN EXISTING PAVEMENT 3. FINAL I" THICK OVERLAY OF D2-AR4000 SHALL BE MIN. 10' WIDE AND EXTEND NO..LESS THAN 4' PAST TRENCH OPENING ON EACH SIDE. FINAL CAP SHALL BE INSTALLED USING BARBER GREEN OR EQUAL. GRIND EXISTING PAVEMENT DOWN A MIN. OF 1". 4. REMOVE AND REPLACE EXISTING PAVEMENT WHICH IS LESS THAN 5' IN WIDTH BETWEEN TRENCH TRENCH AND EDGE OF CURB, GUTTER, OR EDGE OF PAVEMENT. 15. WHEN SHORING, SLOPING OR BENCHING, ALL WORK SHALL BE IN COMPLIANCE WITH CAL-OSHA CONSTRUCTION SAFETY ORDERS. SOILS ARE CLASSIFIED AS CLASS C IN THE CITY OF PALM SPRINGS. 6. ALL SEAMS SHALL BE ON THE TRAVEL LANE LINE OR IN THE CENTER OF THE TRAVEL LANE CITY OF PALM SPRINGS APPf DATE: DEPARTMENT OF PUBLIC WORKS �` 28931 CITY ENGINEER R.C.E. TRENCH AND PAVEMENT DRAWN BY: M.Y H. FILE NO. REPLACEMENT DETAIL CHECKED BY: E.R.F DWG. NO. :I55 NO, REVISIONS APPROVED DATE ,R/2 1/2" I 6.. 24.. R= I A I�'^I A. C. PVMN7. I --_lIl I I/2" ro R=1/2" 1/4" LIP (TYP.I� fh - �• - � o R.L, V N A. C. PVMNT. _ R=1/2" Al-6 Al-8 A2-6 A. C. PVMT. 1 1/2? P� 1/2I'-� 16" I N LL II./4" LIP (TYP.) N IYl U I R_L, L_ N •2'• -��\ I I I A2-$ ONSITE ONLY ONSITE ONLY BI E32 �24 3' 3' SLOPE SLOPE "R FLOWLINE 6'•• -� OF GUTTER I/2" FIBER EXPANSION JOINT--� 6' CROSSGUTTER-SECONDARY THOROUGHFARE D1 Cl - END OF CURB 4 4 D.. 2" 2" SLOPE 1/2 r� SLOPE 8 I� e 8 CROSSGUTTER-MAJOR THOROUGHFARE NOTES, D2 A. C. PVMT. A-HIGH DIKE I. TYPES A-HIGH DIKE, AI-6, AND AI-8 ARE BARRIER CURBS. 2. TYPES A,B,C AND D ARE CONSTRUCTED OF PORTLAND CEMENT CONCRETE, 560-C-3250 (6 SACK). 3. TYPE A-HIGH DIKE IS CONSTRUCTED OF ASPHALTIC CONCRETE IF AR BODO) 4. TYPE B CURB AND GUTTERS ARE FOR ONSITE USE ONLY. 5. ALL EXPOSED CORNERS ON P.C.C. CURBS AND GUTTERS SHALL BE ROUNDED WITH A 1/2" RADIUS. C. A.C. PAVEMENT SHALL BE 1/4" ABOVE LIP OF GUTTER. T. EXPANSION AND WEAKENED PLANE JOINTS, SEE SECTION 303-5.4. SCORING 5 FEET MAXIMUM. SPACING FOR I" DEEP WEAKENED PLANE JOINTS 10 FEET. CITY OF PALM SPRINGS APPROv DATE: DEPARTMENT OF PUBLIC WORKS �•=—' 2 931 CITY ENGINGINEEEER R.C.E. DRAWN BY: S.J.C. FILE NO. STANDARDS CURB AND GUTTER CHECKED BY: E.R.F. DWG. N0. 200 N0. REVISIONS _ - - APPROVED DATE BACK OF EXISTING SIDEWALK . . �a— APPROX. 3/4" VARIABLE HEIGHT RETAINING CURB IF NECESSARY AT EDGE OF SIDEWALK (NOT NECESSARY WHERE EXISTING WALL IS / ' I i w ' +' ✓ .+ + ADJACENT TO EDGE OF SIDEWALK 1/4° GROOVING DETAIL + .,5+ -/--j—SEE NOTE N0.1 OF c' OWG. NO. 212-A PROVIDE EXPANSION JOINT / WHERE EDGE OF RAMP IS .Y EXIST. CURB AND GUTTER ADJACENT TO WALL (�e4_1 / '(OR MONOLITHIC CROSS=GUTTER) f y4 / x• "'t�i1' 4" OVERCUT 15/e" 0.45" o o00 0 - -I 9 I--- o00 EXISTING P.C.C. SIDEWALK i TRUNCATED DOMES REQUIRED IF RAISED TRUNCATED RAMP SLOPE IS LESS THAN 6.677. DOME PATTERN 10% MAX. T f AT CURB (TYP) TOP OF VARIABLE HEIGHT RETAINING EXIST. PCC SIDEWALK CURB (IF NECESSARY) 8.-6 % MAX- 4(TYP.) SECTION A-A VARIABLE HEIGHT RETAINING PL 'TOP .OF:RAMP..(ROUNDED) CURB, IF:NECESSARY EXIST. PCC SIDEWALK `d I 12.a,.cRaas — _ EXIST. PCC CURB AND 2 _I� GUTTERG,�OR TE RMONOLITHIC L 29 MAX—�- 8.33MAX ) R M MATCH EXIST. PCC .� ,.. . , ....�f `.�-•�....:.. *. GUTTER G" MIN. .. . ",�� THICKNE S) SECTION B-B 4" OVERCUT _i - NOTES: 1. P.C. CONC. SHALL BE MINIMUM 560—C-3250 CONCRETE IN ACCORDANCE WITH THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (6 SACK). 2. SEE C.P.S. STANDARD DRAWING 212 A FOR GENERAL NOTES, N.T.S. CITY OF PALM SPRINGS APPROVED: DATE: 54 ENGINEERING DEPARTMENT 6 28931 CITY ENGINEER R.C.E. CURB RAMP DETAIL - TYPE A DRAWN BY: G.F.F. FILE NO. STANDARD CHECKED BY: M.V.N. DWG. NO. 71 -3 NO. . REVISIONS APP-POVED GATE GENERAL NOTES 1. IF DISTANCE FROM CURB TO BACK OF SIDEWALK IS TOO SHORT TO ACCOMMODATE RAMP AND 4' PLATFORM, THE SIDEWALK MAYBE DEPRESSED LONGITUDINALLY. 2. IF SIDEWALK IS LESS THAN 6' WIDE, THE FILL WIOTH OF THE SIDEWALK SHALL BE DEPRESSED AS SHOWN ON DRAWING NO. 213. 3. RAMPS SHALL HAVE A 12-INCH WIDE.BORDER .IITH 1/4-INCH GROOVES APPROXIMATELY 3/4-INCH ON CENTERS. (SEE GROOVING DETAIL) 4. CURB RAMPS THAT HAVE A RAMP SLOPE FLATTER THAN 6,677 SHALL HAVE A DETECTABLE WARNIN'G'-SURFACE:(RAISED'TRUNCATEWDOMES) THAT'E'XTENDS THE FULL'WIDTH OF THE RAMP AND 2' MINIMUM LENGTH. DETECTABLE WARNING SURFACES, AT THE OPTION OF THE CONTRACTOR, CONTRACTOR, SHALL'-BE.CONSTRUCTED BY CAST-=IN-PLACE OR STAMPED.METHOD, OR CONSIST PREFABRICATED SURFACE 5. WHEN:DETECTABLE WARNING .SURFACE.IS,NOT REQUIRED -ON A CURB- RAMP, -THE .CONCRETE FINISH OF THE RAMP'AND'ITS FLARED:.SIDES SHAL`L''HAVE"t1"':TRANSVERSE..HR00MED'SURFACE'TEXTURE ROUGHER THAN THE SURROUNDING SIDEWALK.' ' '6. TRANSITION FROM-RAMPS TO WALKS;,.GUTTERS„OR.STREETS,.SHALC:13E-FLUSH AND FREE OF ABRUPT CHANGES. 7. RAMPS IN CURB-RETUR LL-BEnr..ATG^-AN-TTIE-�{NiER-OF--TkiE-CURS TURN, UNLESS -- -- DIRECTED BY THE CITY ENGINEER. 8; RAMP SIDE SLOPE -VARIES UNIFORMLY FROM A MAXIMUM OF 107 AT CURB TO CONFORM WITH LONGITUDINAL SIDEWALK SLOPE ADJACENT TO TOP OF THE RAMP, EXCEPT TYPE B (OWG. NO.). - 9. EXISTING CURB FACE HEIGHTS,"SIDEWALK AND GUTTER SLOPES AND DIMENSIONS-WILL VARY FROM LOCATION--TO LOCATION. EXISTING PARAMETERS AND MAXIMUM-RAMP SLOPES SHALL CONTROL FINAL HORIZONTAL DIMENSIONS. 10. RAMPS SHALL BE MARKED IN THEMELD BY THE CONTRACTOR AND APPROVED BY THE CITY ENGINEER PRIOR TO SAW CUTTING, 11. THE CONTRACTOR SHALL COORDINATE THE WORK WITH AFFECTED UTILITY AGENCIES OR OTHER PUBLIC AGENCIES TO RELOCATE ANY INTERFERING UTILITY PULL BOXES, MANHOLES, VAULTS OR UNDERGROUND LIVE OR ABANDONED LINES. • 12. THE CONTRACTOR.SHALL BE RESPONSIBLE,FOR ANY DAMAGE CAUSED BY HIM TO EXISTING , UTILITIES OR IRRIGATION LINES. THE DETAILS SHOWN IN STD. DWG: NO. 212 ARE BASED UPON CONSTRUCTION WHERE A LEVEL ""CURB"GRADE"SITUATION'EXfSTS.*WHERE STREET"GRADES'SLOPE,'STRICT ADHERENCE:TO,THE MAXIMUM SIDE FLARE' SLOPE OF 10 PERCENT MAY NOT BE POSSIBLE TO ACHIEVE. IN SUCH CASES, THE .SIDE FLARES WILL-BE PERMITTED TO VARY DEPENDING UPON CURB GRADE, THE FOLLOWING TABLE LISTS 'THE APPROXIMATE SIDE FLARE DIMENSIONS CORRESPONDING TO INCREASING CURB -GRADES (FOR 6-INCH AND 8-INCH CURB HEIGHTS) IN ADHERENCE TO AO.A., MAXIMUM ALLOWABLE SLOPES. 81DE'-FLARES.AN,EXCESS..DF,.2b.FEET WILL NOT BE REQUIRED. 6-INCH CURBS B-INCH CURBS CURB.'GRADE.; 'DOWNHILL SIDE -UPHILL 'OOWNHIL'L''S1DE UPHILL SIDE 0 (LEVEL) 4.0 FT. 4.0 FT. 5.0 FT. 5.0 FT. 2 PERCENT 4.0 FT, 4.4 FT. 5.0 FT. 6.0 FT. 4 PERCENT 4.0 FT. 5.4 FT. 4.0 FT. 7.4 FT, 6 PERCENT 4,0 FT 7A FT. 4.0 FT. 8 PERCENT 4.0 FT. 10.2 FT. 4.0 FT. 13.9 FT. 10 PERCENT 4,0 FT. 18.3 FT. 4.0 FT. 20,0 FT. 12 PERCENT 4.0 FT. 20.2 FT. 4.0 FT. 20.0 FT. CITY OF PALM SPRINGS APPROVED: �J s / DATE: ( W ENGINEERING DEPARTMENT �3 ✓`�- 8931 CITY ENGINEER R.C.E. CURB RAMP - GENERAL NOTES DRAWN BY: G.F.F. FILE N0. STANDARDS CHECKED BY: MV,r DWO NO n ' NO. REVISIONS APPROVED DATE TRUNCATED DOMES REQUIRED IF RAMP VARIABLE HEIGHT .SLOPE IS LESS THAN 6.679 (FULL WIOTH RETAINING CURB, IF OF RAMP AND 2' MINIMUM LENGTH) 5' NECESSARY AT EDGE OF 1111 B SIDEWALK 12" (TYP.) EXISTING P.C.C. SIDEWALK B.33% MIYP.) ILL I SEE NOTE 10.3 OF STD, OWG. 212A A A EXIST. ClIR9 ANO GTTI7ER 7 FACE OF CURB (OR MONCU11pC CR055�gITTER) _ 4' ON CVT N'PROK 3/4" FXISTING {� . " CROSSWALK 1 ..� • +� '`'''�� EXIST. POO SIDEWALK GROOVING DETAIL TOP OF VARIABLE HEIGHT RETAINING CURB (IF NECESSARY) 0.45' o 8.330.90 % MtiX. 000. o O - SECTION A-A q O © O O • EXISG PCC CURB AND EXIST. POO SIDEWALK GUTTER (OR MONOLITHIC RAISED TRUNCATED SITTER) DOME PATTERN L 2%MAX 4" OVERCUT—►I MATCH EXIST. PCC VARIABLE HEIGHT RETAINING GUTTER (G. MIN. NOTE: CURB, IF NECESSARY SECTION, B—B THICKNESS) 1. SEE C.P.S. STD. OW'G. 212-A FOR GENERAL NOTES 2. P,C. CONCRETE SHALL BE MINIMUM 560-C-3250 CONCRETE IN ACCORDANCE WITH THE STANDARD SPEC1FlCAnO1S FOR PUBLIC WORKS CONSTRUCTION, 2000 EolnON (6 SACK). N.T.S. CITY OF PALM SPRINGS APPROVED: /J DATE. ENGINEERING DEPARTMENT CITY ENGINEER *�_ 139C E. CURB RAMP DETAIL - TYPE B DRAWN BY: G F F FILE' NO. STANDARDS CHECKED BY: M.V.H. DWG. N0. 213 DATE(MM/DDIYYJ' ; ��►e►iaue CRMMGAT ` fJ = ''MSU � C1/09/04 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Calco Ins Brokers 8 Agent ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Lie. No. 0629370 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. 0. Box 85371 COMPANIES AFFORDING COVERAGE San Diego CA 92186-5371 COMPANY (619) 260-3844 A Admiral Insurance Company INSURED COMPANY DBX, Inc. B Hartford Fire Insurance Co. 42066 Avenida Alvarado, Ste. C COMPANY Temecula, CA 92590 C State Compensation Ins Fund COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOT W ITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OFANY CONTRACTOR OTHERDOCUMENT W ITHRESPECT TO W HICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMIDDIYY) DATE(MMIDDIYY) A GENERAL LIABILITY A03AG16480 3/24103 3/24/04 GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY BLANKET AOD'L INSURED PRODUCTS COMP/OP AGG 8 2,000,000 CLAIMS MADE[� OCCUR APPLIES PER FORM PERSONAL & ADV INJURY $ 1,000,000 OWNER'S&CONTRACTOR'S PROT A00852-0402 ATTACHED EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE(Any one fire) 8 50,000 MED EXP (Any one person) $ B AUTOMOBILE LIABILITY 72 LIEN U50849 3/24103 3124/04 COMBINED SINGLE LIMIT $ X ANY AUTO 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ C WORKERS COMPENSATION ANO 044-0021453-03 10/01/03 10/01/04 X STATUTORY LIMITS EMPLOYEPS'LIABILITY EACH ACCDENT $ 1,000,000THE PROPRIETOR/ INCL DISEASE-POLICY LIMIT $ 1,000,000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL DISEASE EACH EMPLOYEE IS 1,000,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS Re: Racquet Club Road and Avenida Caballeros traffic signal installation; City Project No. 02-17. 30 days cancellation notice except 10 days for non payment of premium. CHTIF(Ck7 ;HOLDER . . . .. ... .. :CANCLLLATiLkN . .:'' '. .:.. ..:... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Palm Springs EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Attn: Harold Good, CPPO 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, P. 0. Box 2743 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Palm Springs, CA 92263-2743 OF N-Y IND UPON THE_COMPANY, ITS AGENT5 OR REPRESENTATIVES. ARIZED REP.R ENTATIV Pail Caswell 05309 ..:.: k:CORI]25�5:..ST93 ,..'; 6AC4AD.CflRPC3RA'i7`ION'i533. CERTIFICATE: 004/001/ 00212 Policy Number: A03AG16480 AD 08 52 04 02 Number: 04 Effective Date:03/24/2003 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: AS REQUIRED BY WRITTEN CONTRACT WHO IS AN INSURED(Section II)is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. The insurance provided by this endorsement does not apply to the person or organization qualifying as an additional insured under this endorsement should liability for any claim or"suit'be caused by the sole negligence of that person or organization. This insurance will not apply to liability you assume under a written contract or written agreement which is an"insured con- tract'for projects completed by or for you prior to the inception of this policy. If you are required by written contract to provide primary insurance,then this policy shall be primary and not contributory with any other insurance available to the additional insured named in the schedule above.Form CG 0001 Commercial General Liability Coverage Form(but only Section IV,paragraph 4,sub-paragraph b)is amended accordingly and shall not apply with respect to coverage provided for the Additional Insured named in the schedule. AD 08 52 04 02 Page 1 of 1 ❑ CERTIFICATE HOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE JANUARY 9, 2004 GROUP: 000044 POLICY NUMBER: 21453-2003 CERTIFICATE ID: 63 CERTIFICATE EXPIRES: 10-01-2004 10-01-2003/10-01-2004 CITY OF PALM SPRINGS ATTN: HAROLD GOOD, CPPO P. 0. BOX 2743 PALM SPRINGS CA 92263-2743 RE: RACQUET CLUB ROAD AND AVENIDA CABALLEROS TRAFFIC SIGNAL INSTALLATION; CITY PROJECT #02-17. This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend,extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms, exclusions,and conditions, of such policies. y4aw- & c . OL- AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1, 000, 000 PER OCCURRENCE ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER DBX, INC 42066 AVENIDA ALVARADO STE C TEMECULA CA 92590 SCIF 10262E IEPF-Ul:BO 1