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04730 - J CARDENAS CONSTRUCTION RACQUET CLUB SIDEWALK IMPROVEMENTS CP02-09
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 IMPROVEMENTS TO: J.Cardenas Construction ACCEPTANCE DATE: October 28,2003 P.O.Box 15933 PROJECT: CP#02-09,SBS21 Racquet Club Road Santa Ana,CA 92735-0938 Sidealk Improvements AGREEMENT NO. 4730 MINUTE ORDER NO. 7336 This is to inform you that a Notice of Completion has been filed and recorded on the above-named project. PUBLIC IMPROVEMENTS PRIVATE IMPROVEMENTS Curbing 570 L.F. Curbing L F. Street Paving S.F. Street Paving S.F. Sidewalks 9,217.50 S.F. Sidewalks S.F. Driveway Approaches 1,600 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. Ramps 5 EA. Sewer Manholes EA. Storm Drains L.F. Storm Drains L.F. Adjust Water Meters 19 EA. Survey Monuments EA. Lighting/Landscaping L.S. Reset Traffic Sign AC 9 EA. Location:Racquet Club Road,south side,from Indian Canyon Drive to Avenida Caballeros C.P.S.Drawing No(s). 24-4-233 Permit No. 13064 Contractor(s)actually doing the work J.Cardenas Construction Notify your bonding companylbank to release the following bonds: No. 835377P in the amount of $78,638.50 Performance D9L 103 105 No. 835377P in the amount of $78,638.50 Payment 03 03 D4 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: Indemnity Company of California Comments:FINAL CONTRACT AMOUNT:$82,198.60 Submitted by: Dated: /'Z- Z3-6_� Engineer ng Field Supervisor ' Approved by: �� Dated: Director of Public Works/City Engineer Distribution: Original to Engineering Project File; Copies to Addressee, City Clerk, Engineering NOA Binder, Engineering Field Supervisor,Building,and Facilities Index No. 0309 DOC a 2004-007784M 02/03/2004 08:00A Fee:NC Page t of 1 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk Recording Requested By And 11111111111111111111111111 �1 11111111111 1111111111111 When Recorded Return To: M �s U PAGE SIZE DN PCOR NOCOR SMF SC City of Palm Springs Attn: City Clerk P.O.Box 2743 Palm Springs, CA 92263-2743 A R L COPY LONG REFUND NCHG EXAM (EXEMPT FROM RECORDING FEE PER GOV.CODE§6103) NOTICE OF COMPLETION MEL-L 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 28' day of October, 2003. 5. The name of the contractor(if named) for such work of improvement was:J. Cardenas Construction, 14221 Whispering Sands, Victorville, CA 92392. 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 Sidewalk Project 7. Nature of Interest: Fee Owner 8. The property address or location of said property is: South side of Racquet Club Road,from Indian Canyon Drive to Avenida Caballeros. 9. City Project No. 02-09, Agreement Number: 4730,Minute Order Number: 7336 CITY OF PALM SPRIN9S: REVIEWED BY: DATED: a BY: DATED: Director of Public Works/City Engineer David J.Barakian PATRICIA A. SANDERS,being duly sworn, says: That she is the City Clerk of the aforesaid City of Palm Springs, California, the corporation that executed the foregoing notice; that she makes this verification on behalf of sal oration; that she has read the foregoing Notice of Completion,and knows the contents thereof,and th e facts stated erem are true; that a�Y- ity Clerk,she makes this verification on behalf of said municipal core ation. City Clerk-Patricia A. Sanders WP:clr/June02 Index No. 0903 CITY OF PALM SPRINGS CONTRACT CHANGE ORDER To: J.Cardenas Construction Date: December 18,2003 P.O.Box 15938 Project No.: C.P.02-09 SantaAna,CA 92735-0938 Project Name: Racquet Club Road Sidewalk Protect Change Order No.: One (1)- Final Attn: Javier Cardenas, President Contract Purchase No.:416316 Account Number(s): 261-4491-50215, 261-4491-50218 Agr.# 4730 M.O. # 7336 Res. # A. CHANGES IN WORK: Increase to Contract Bid Items: Item Description 5 Construct PCC Driveway Approach 7 Construct Type"B" Ramp 8 Construct PCC Barrier Curb A Renegotiate to Construct PCC Barrier Curb B Re-Grade, Re-Compact&Re-Form for Proposed Sidewalk Decrease to Contract Bid Items: Item Description 4 Construct 4 in. PCC Sidewalk 6 Construct Type"A"Ramp 12 Reset Traffic Sign B.CHANGES IN CONTRACT COST: Increase to Contract Bid Items: Item Description 5 Construct PCC Driveway Approach 21.5 SF @$5.15 $ 110.73 7 Construct Type"B"Ramp 1 Each @$1,105.00 $ 1,105.00 8 Construct PCC Barrier Curb 60 LF @$14.50 $ 870.00 A Renegotiate to Construct PCC Barrier Curb 270 LF @ $13.00 $ 3,510.00 B Re-Grade, Re-Compact and Re-Form for 1,480.5 SF @$3.00 $ 4,441.50 Proposed Sidewalk Sub-Total $ 10,037.23 Decrease to Contract Bid Items: Item Description 4 Construct 4 in. PCC Sidewalk 1,182.5 SF @$4.45 ($ 5,262.13) 6 Construct Type "A"Ramp 1 Each @$1,105.00 ($ 1,105.00) 12 Reset Traffic Sign 2 Each @$55.00 ($ 110.00) Sub-Total ($ 6,477.13) TOTAL CHANGE ORDER = $ 3,560.10 NOTE: No additional markup will be added to any items in this Contract Change Order. All cost per each item are final. C. REASON FOR CHANGE: Bid Item Nos. 4, 5, 6, 7& 12 were field measured and agreed to by both the City Inspector and the Contractor. All quantities and amounts are per above. December 18,2003 City Project 02-09 Racquet Club Road Sidewalk Project Change Order No. One(1)-Final Page 2 of 2 C. REASON FOR CHANGE(Continued): Bid Item No 8, Construct PCC Barrier Curb, exceeded contract quantity by 238%. Per Specifications, Section 3-2.2.1(b), Increase of More Than 25 % on Unit Price Contracts, the work up to 125% of contract quantity, 60 LF (.25 x 240)will be paid at contract unit price. The unit price for the remaining quantity will be renegotiated in Bid Item No.A. (NOTE: See comments in Bid Item B regarding additional barrier curb) Bid Item No. A, City Staff and the Contract agreed to the renegotiated unit price of the PCC Barrier Curb quantity,270 LF(570 LF-300 LF). Bid Item B was added due to re-grading, re-compaction and re-forming for proposed sidewalk at 6 locations where the PCC Barrier Curb was added. City Staff determined it to be necessary to add the barrier curb after the contractor had already graded, compacted and formed for the proposed sidewalk because existing ground elevation was higher than proposed sidewalk grade by 8 in. to 12 in. The 6 locations on Racquet Club Road, south side are at addresses 411, 439, 491, 515, 601 and 655. At 595 and 675 Racquet Club Road, plans call for proposed barrier curb. At 915 Racquet Club Road, the contractor had not started to grade for proposed sidewalk and therefor no additional grading was added. Additional working days(11)to be added per the following: 5 = The Contractor started work 5 working days after the date of the Notice to Proceed and complies with Specifications, Section 2-1,that the Contractor shall start the work within 10 working days. 6 = Construct additional barrier curb and re-grade, re-compact, re-form for proposed sidewalk at 6 locations on Racquet Club Road, south side D.SOURCE OF FUNDS: Account Nos. 261 -4491 -50218 $ 3,204.09 261 - 4491 - 50215 $ 356.01 Summary of Costs Contract Time Original Contract Amount: $ 78,638.50 Original Completion Date: October 13,2003 This Change Order: $ 3,560.10 Days Added for this C.C.O.: 11 Previous Change Order(s): $ 0.00 Previous Days Added: 0 Revised Contract Amount: $ 82,198.60 Revised Completion Date: October 28,2003 1 have received a copy of this Change Order and the City Approval: above AGREED PRICES are acceptable to the contractor. Submitted By � Date A— 114 s= 1 i Stree Maintenance Manager � ��By -_ ti f'l '� Approved By v / Date Director of Public Works/City Engineer Title Appr Date Date r - 3 -0;� ity Manager Distribution: Original Conformed Copies Conformed-File Copy' Engineering (1) Engineering File Finance (1) Engineering Field Inspector (1) Contractor (1) Engineering Field Supervisor (1) City Clerk (1) Purchasing Agent (1) �.tn�'yF n✓�... J. Cardenas Construction Sidewalk Improvements AGREEMENT #4730 M07336, 7-2-03 AGREEMENT - - THIS AGREEMENT made this C2 day of �/_, ,& in the year 2003, by and between the City of Palm Springs,a charter city,organized and i'sting in the bounty of Riverside,under and by virtue of the laws of the State of California,hereinafter designated as the City,and J.CARDENAS CONSTRUCTION hereinafter designated as the Contractor. The City and the Contractor,in consideration of the mutual covenants hereinafter set forth,agree as follows: ARTICLE 1--THE WORK The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s)of the City's Contract Documents entitled: RACQUET CLUB ROAD SIDEWALK PROJECT FEDERAL PROJECT NO.STPLH 5282(022) CITY PROJECT NO.02-09 The Work is generally described as follows: Construction of Portland cement concrete sidewalk, access ramps and driveways, and all appurtenant work on Racquet Club Road from Indian Canyon Drive to Avenida Caballeros in Palm Springs. ARTICLE 2--COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City,and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement,and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly,instead of requiring any such proof,the City and the Contractor agree that as liquidated damages or delay(but not as a penalty),the Contractor shall pay the City the sum of$425.00 for each calendar day that expires after the time specified in Article 2,herein. ARTICLE 3--CONTRACT PRICE The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s)named in the Contractor's Bid and Bid Schedule(s). ARTICLE 4--THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids,Instructions to Bidders,the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, Federal Labor Standards Provisions, Federal Rates of Prevailing Wages, 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. ARTICLE 5--PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the Engineer or the City 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. AGREEMENTFORM AGREEMENT AND BONDS-PAGE f ARTICLE 7--MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications for Public Works Construction ("Greenbook")and 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. AT_GE3T ITY OF PALM; IN,,CAL,I ORNIA APPROVED BY THE CITY COUNCIL: By / .� ity-Gler c 7 `3 /0� Minute Order No. Date APPROVED AS TO FORM: ! 1 Agreement No. By /rd Ci ttorney Date APPROVED OY THE COUMC11. CONTENTS APPROVED: By ; J,� VI f City Engineer Date Agreement overh+a dvT$25,000 Reviewed and approved by Procurement & Contractina City Manager Date Initials Date�d ; f c P.O.Number AGREEMENTFORM AGREEMENT AND BONDS-PAGE 2 CONTRACTOR: Check one:_Individual_Partnership_Corporation Corporations require two notarized signatures: One from each of the following: A. Chairman of Board,President,or any Vice President:AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). l By: ��R ,✓ �(/✓` By: �5 g ature(notarized) Signature(notarized) pp F� p Name: *T ��ri�2 �GrC Name: Title: n f,!a' g� — Title: State of � State of l County of ss County of �ss On _ _ _ before me, On before me, , personally appeared personally appeared personally known personally to me(or proved to me on the basis of satisfactory evidence) known to me (or proved to me on the basis of satisfactory to be the person(s) whose name(s) is/are subscribed to the evidence) to be the person(s) whose name(s) is/are within instrument and acknowledged to me that he/she/they subscribed to the within instrument and acknowledged to me executed the same in his/her/their authorized capacity(ies), that he/she/they executed the same in his/her/their authorized and that by his/her/their signature(s) on the instrument the capacity(ies), and that by his/her/their signature(s) on the person(s), or the entity upon behalf of which the person(s) instrument the person(s), or the entity upon behalf of which acted,executed the instrument. the person(s)acted,executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: Notary Seal: Notary Seal: AGREEMENTFORM AGREEMENT AND BONDS-PAGE 2 CALIrORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On JUIV 17, 2003 before me Quyen Pham, Notary Public DATE NAM TITLE OF OFFICER personally appeared �i,�)-2 . uS Ls e'' <�L/rA NAME(S) OF SIGNER(S) ❑ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their .� QUYEN PRAM COMM.#,1384040 , CC authorized capacity(ies), and that by his/her/their Nofary Public-California signature(s) on the instrument the person(s), or the Orange County Q My Comm.Expires entity upon behalf of which the person(s) acted, d NOVEMBER 9,2006 executed the instrument. "ter` WITNES;3my hand and official seal. (_ 1 , ^1__�' Place Notary Seal Above Sid'natur `of Notary Public r� 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.. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE DOCUMENT ❑ PARTNER(S) - ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN- FACT NUMBER OF PAGES ❑ TRUSTEE ❑ GUARDIAN OR CONSERVATOR ❑ OTHER: DOCUMENT DATE SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE Bond No. 835377P Premium included in Performance Bond Executed in four originals PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, 'that Indemnity Company of California as Surety,are held firmly bound unto the City of Palm Springs, a Charter City,organized and existing in the County of Riverside, State of California,hereinafter called the"Cary," in the sum of: Seventy eight thousand six hundred thirty eight($78,638.501 dollars,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators, successors, and assigns, jointly and severally,firmly by these presents. WHEREAS,said Contractor has been awarded and is about to enter into the annexed agreement with said City to perform the Work as specified or indicated in the Contract Documents entitled: Racquet Club Rd Sidewalk Project FEDERAL PROJECT NO STPLH 5282(022) CITY PROJECT 02-09 NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators, successors,or assigns shall fail to pay for any materials,provisions,provender,equipment or other supplies used in,upon,for or about the performance of the Work contracted to be done,or for any work or labor thereon of any kind,or for amounts due under the Unemployment Insurance Code, or for any amounts required to be deducted,withheld,and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor,all as require(]by the provisions of Title XV,Chapter 7,Sections 3247-3252,inclusive, of the Civil Code of the State of California and acts amendatory thereof,and sections of other codes of the State of California referred to therein and acts amendatory thereof,and provided that the persons,companies,or corporations so furnishing said materials, provisions,provender,equipment or other supplies,appliances or power used in,upon, for or about performance of the work contracted to be executed or performed,or any person,company or corporation renting or hiring implements or machinery or power for or contributing to said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor,shall have complied with the provisions of said laws, then said surety will pay the same in an amount not exceeding the sum her embefore set forth and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee, as shall be fixed by the Court. This bond shall more to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. PROVIDED,that any alterations in the Work to be done or the materials to be famished,or changes in the time of completion,which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder,nor shall any extensions of time granted under the provisions of said Contract Documents release either said Contractor or said surety,and notice of said alterations or extensions of the Agreement is hereby waived by said Surety. SIGNATURES ON NEXT PAGE SIGNED AND SEALED, this 17th day of July 2003 Surety Indeh�ait�C-ompai�y- f California Contior Card as Cor st ction �d - Jv✓J > By 'N,' ,�By � AA a eI' Title M rk ichardson, ttorney-in-Fact Title (SEAL AND NOTARIAL ACKNOWLEDGMENT = OF SURETY) Contractor By Title Corporations require two notarized signatures: One from each of the following: 1. Chairman of Board, President,or any Vice President: AND 2. Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On July 17, 2003 before me Quyen Pham, Notary Public DATE NA JTITLE OF OFFICER personally appeared 5 2 c L�Uv✓ CA Yt NAME(S) OF SIGNER(S) ❑ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their QUYEN PHAM authorized capacity(ies), and that by his/her/their 'y COMM #1384040 (/y „� Notary PublibCaliforniag signature(s) on the instrument the person(s), or the My comet Erpi es =. entity upon behalf of which the person(s) acted, N6VEM6ER s zoos executed the instrument. WITNESS my hand andiofficial seal. 1 Place Notary Seal Above Sign9fure of Notary Public ,l 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.. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE DOCUMENT ❑ PARTNER(S) - ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN- FACT NUMBER OF PAGES ❑ TRUSTEE ❑ GUARDIAN OR CONSERVATOR ❑ OTHER: DOCUMENT DATE SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On ,IA_ before me Quyen Pham, Notary Public ( � DAME NAME, TITLE OF OFFICER personally appeared Mark Richardson NAME(S) OF SIGNER(S) Q personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that =EF2 he/she/they executed the same in his/her/their 40 authorized capacity(ies), and that by his/her/their .�y Notary orniai signature(s) on the instrument the person(s), or the n es - entity upon behalf of which the person(s) acted, N006 executed the instrument. WITNES,my hand and offiEal seal. Place Notary Seal Above S*g''naturb 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.. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE DOCUMENT ❑ PARTNER(S) - ❑ LIMITED ❑ GENERAL 10 ATTORNEY-IN- FACT NUMBER OF PAGES ❑ TRUSTEE ❑ GUARDIAN OR CONSERVATOR ❑ OTHER: DOCUMENT DATE SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE PREMIUM IS FOR THE CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE Bond No 835377P Premium: $1,573.00 Executed in four originals PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That J_Cardenas Construction as Contractor and Indemnity Company of California , as Sui ety,are held firmly bound unto the City of Palm Springs, a Charter City, organized and existing in the County of Riverside,California, hereinafter called the"City," in the sum of: Seventy eight thousand six hundred thirty eisht ($78 638.50) dollars for the payment of which sum well and truly to be made,we bind ourselves, our heirs, executors,administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said City to perform the Work as specified or indicated in the Contract Documents entitled: PALM SPRINGS Racquet Club Rd Sidewalk Project FEDERAL,PROJECT NO.STPLH 5282(022) CITY PROJECT 02-09 NOW THEREFORE,if said Contractor shall perform all the requirements of said Contract Documents required to be performed on its part,at the times and in the manner specified herein,Chen this obligation shall be null and void, otherwise it shall remain in hill force and effect. PROVIDED,that any alterations in the Work to be done or the materials to be furnished,or changes in the lime of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder,nor shall any extensions of time granted under the provisions of said Contract Documents,release either said Contractor or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNATURES ON NEXT PAGE SIGNED AND SEALED,this 17th day of July 2003 Corn ct I arde sCo truction _ Contractor_--_ _ --. By --- Title0 ^,-' VL—_-- Title Corporations require two notarized signatures: One from each of the following: 1. Chairman of Board, President, or any Vice President: AND 2. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY Surety indW�� �P � Title Mark R cha dson,Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On JUIV 17, 2003 before me Quyen Pham, Notary Public DATE N4 TITLE OF OFFICER personally appeared ����5� ��Gt,lSl Q/l' (1rnni� NAME(S) OF SIGNER(S) ❑ personally known to me - OR - Q proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their QUYEN PHAM authorized capacity(ies), and that by his/her/their ' COMM #1384040 Ut signature(s) on the instrument the person(s), or the Notbry Public-Caldorniar' yoy�rang" tInty entity upon behalf of which the person(s) acted, N&EMSERE9P2006 .a executed the instrument. WITNESS my hand and official seal. I Place Notary Seal Above Sig,naffiurd 6f 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.. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE DOCUMENT ❑ PARTNER(S) - ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN- FACT NUMBER OF PAGES ❑ TRUSTEE ❑ GUARDIAN OR CONSERVATOR ❑ OTHER: DOCUMENT DATE SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County f Orange On before me Quven Pham, Notary Public DATE NAME, TITLE OF OFFICER person" apple'ared Mark Richardson NAME(S) OF SIGNER(S) Q personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their OU=HA authorized capacity(ies), and that by his/her/their COMn Nof orsignature(s) on the instrument the person(s), or the My Centity upon behalf of which the person(s) acted, NOUE executed the instrument. WITNESS/my;hand and offic d seal. i ,Z.� Place Notary Seal Above Sigri'ature �f�Notary Public it 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.. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Signer's Name: ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE DOCUMENT ❑ PARTNER(S) - ❑ LIMITED ❑ GENERAL IZI ATTORNEY-IN- FACT NUMBER OF PAGES ❑ TRUSTEE ❑ GUARDIAN OR CONSERVATOR ❑ OTHER: DOCUMENT DATE SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 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 THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint ***Eric Lowey, Mark Richardson, jointly or severally*** as their true and lawful Allorney(s)-m-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and graining unto said Altorney(s)-m-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Allorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the fallowing 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 hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undedakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Allorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Al ornev or to any certilicate ielatino(hereto by facsimile,and any.such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to ;mv bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice Resident and allesled by their respective Secretary(his 8`1 day of January,2002 C—a'je�D— By. ;p yA..Nt)...I F GMP ANVpc David H.Rhodes,Executive Vice President :yJ �gP ORg f:•?�°; G PPOR p OCT. uu �2 2 = OCT.5 or* 1936 c w 7967 By Walter Crowell, Secretary '°il�,�0'.(OW P••''FQaa`' Obi '9L/FOP�\P a= „*„ STATE OF CALIFORNIA ) )SS COUNTY OF ORANGE ) On January 8,2002,before me,Antonio Alvarado,personally appeared David H. Rhodes and Walter A Crowell,personally known to me(or proved to me on the basis of satisfactory evidence) to be the persons whose names arc subscribed to the within instrument and acknowledged to me that they executed (he same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the nefsons acted.executed the ms(mmena WITNESS my hand and official seal. O ANTONIO ALVARADO COMM.#1300303 /'" No[ary Public-Cahfo/ ORANGE COUNTY O Signature My Comm Expires APRIL 10,2005 CERTIFICATE The undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power o'Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of This Certificate. This Certificate is executed in the City of Irvine,Califorma,the 17 _day of July 21)D 3 By David G.Lane,Chief Operating Officer ID-1380(01/02) RICO 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 $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of $1,000,000,000.00 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 Indemniy Company Indemnity Company of California 17790 Fitch Irvine,G 92614 (949)263 3300 i,v .,.scodicoxom BID DOCUMENTS Only the following listed documents, identified in the lower right comer 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 Equal Employment Opportunity Certification Debarment and Suspension Certification Non-Lobbying Certification Disclosure of Lobbying Activities Bid Bond (Bid Security Form) Bidder's General Information Local Agency Bidder-DBE Information DBE Information - Good Faith Efforts 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 SIDEWALK PROJECT CITY PROJECT NO. 02-09 4/17103 COVER SHEET 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 SIDEWALK PROJECT FEDERAL PROJECT NO. STPLH 5282 (022) CITY PROJECT NO.02.09 Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond, and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged): Number Pwfa Date A Number Date Number Date Number Date Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of California Labor Code Section 1860, et seq., the undersigned confirms the following as its certification: I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance i with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s)named in the aforementioned Bidding Schedule(s). Dated: Bidder: CAe DeAlAS Cd By: (Signature) Title: CLfsoc— rZ RACQUET CLUB ROAD SIDEWALK PROJECT CITY PROJECT NO. 02.09 4/17/03 BID(PROPOSAL) BID FORMS-PAGE 2 BID SCHEDULE Schedule of Prices for the Construction of the: RACQUET CLUB ROAD SIDEWALK PROJECT FEDERAL PROJECT NO, STPLH 5282 (022) CITY PROJECT NO. 02-09 in Palm Springs, California Item DowdPdan Estimated Unit unit Amount N. Quantity Pdce 1_ Initial Mobilization - - - LS $ 5,750.00 2. Traffic control --- LS $ IbSLIA0 3 Clearing, Grubbing and Miscellaneous --- LS $ Removals 4. Construct 4" P.C.C. Sidewalk 10,400 SF $ $ 1 6 OR0 5. Construct P.C.C. Driveway Approach 1,600 SF $ $ S,auo 6. Construct Type "A" Access Ramp 2 EA $ 1165 $ 7. Construct Type"B" Access Ramp 3 EA $ 331E 8. Construct P.C.C. Barrier Curb 240 LF $ $ 9• Remove Existing A.C. Pavement 1,410 SF $ $ $ 10. Remove Existing P.C.C. Pavement 40 SF $ $ 11. Adjust Water Meter to Grade 19 EA $ Z1-oo $ QSC� 12. Reset Traffic Sign 11 EA $ '5S.ea $ TOTAL OF ALL ITEMS OF BID SCHEDULE: 5G ( (Price in figures) SQ �— (Price in words) QUANTITIES OF WORK: The quantities of work or material stated in the unit price items of the Bid Schedule are supplied only to give an indication of the general scope of the Work. The City does not expressly nor by implication agree that the actual amounts of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any unit price bid item, by an amount up to 25 percent of increase or decrease, without a change in the unit'prices, and shall have the right to delete any bid item in its entirety, and receive full credit in the amount shown in the Bid Schedule for the deleted item of Work. Name of Bidder or Firm RACQUET CLUB ROAD SIDEWALK PROJECT CITY PROJECT NO. 02.09 4/21/03 UNIT PRICE BID SCHEDULE BID FORMS-PAGE 3 INFORMATION REQUIRED OF BIDDER BIDDER'S LISTILIST OF SUBCONTRACTORS The Bidder shall list below all Sub-contractors who Wil perform work for the prime contractor under this contract. In conformance with Title 49 of U.S. Code of " Federal Regulations, Part 26, list ALL SUBCONTRACTORS REGARDLESS OF DOLLAR VALUE. This form will also meet the requirements of Section 4100 to 4133 inclusive of the public contracts code; use additional sheets as necessary. 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. Notes: (A) Needed for each Federal-Aid contract, in conformance with 49 CFR 26, in establishing Annual DBE Goals. Indicate approximate amount: (1) if under $1M, (2) if between $1 M and $5M, and (3) if over $5M. (B) Amount to be shown is the dollar value of the Prime Contractor's Bid (prorated by the percent to be performed) and not the actual amount of the subcontract between the Prime Contractor and the Subcontractor. Percent Contractor's Last Year's Bid Schedule Bid Item of Total License Subcontractor's Certified DBE Gross Receipts Amount Work to be Performed Number(s) Contract Number Name &Address (Yes or No) (See Note A) (See Note B) 1.�jgp -P/k N1h- N/k P/Ar /U1A- 2. 3. 4. PROJECT NAME BIDDER'S LIST/ CITY PROJECT NO. (#) LIST OF SUBCONTRACTORS 512ID3 _ BID FORMS-PAGE 4 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the City of Palm Springs PUBLIC WORKS AND ENGINEERING DEPARTMENT In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares 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. Note: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non-collusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. RACQUET CLUB ROAD SIDEWALK PROJECT CITY PROJECT NO.02-09 4/21/03 NON-COLLUSION AFFIDAVIT BID FORMS-PAGE 5 (THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTEANENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICHARE A PART OF THIS PROPOSAL) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder :�. C'A-1201,0KAJhS 03-MrOeUCr IOJ� proposed subcontractor 0/� , hereby certifies that he ra has ✓ , has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance; a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor(41 CFR 60-1.7(b)(1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of$10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1)is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1)prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance,U.S.Department of Labor. RACQUET CLUB ROAD SIDEWALK PROJECT CITY PROJECT NO.02-09 4/21/03 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION BID FORMS-PAGE 6 DEBARMENT AND SUSPENSION CERTIFICATION TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner,partner, director, officer, manager: • Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • Has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • Does not have a proposed debarment pending; and • Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. RACQUET CLUB ROAD SIDEWALK PROJECT CITY PROJECT NO. 02-09 4/21103 DEBARMENT AND SUSPENSION CERTIFICATION BID FORMS-PAGE 7 NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief,that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, 'Disclosure of Lobbying Activities," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub-recipients shall certify and disclose accordingly. RACQUET CLUB ROAD SIDEWALK PROJECT CITY PROJECT NO.02-09 4/21/03 NON-LOBBYING CERTIFICATION BID FORMS-PAGE 8 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C, 1352 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: 1-1 a, contact El a. bidloffer/application ❑ a. initial b, grant I' b. Initial award b. material change c. cooperative agreement c. past-award d, loan For Material Change Only: e. loan guarantee year quarter f. loan Insurance date of last report 4. Nam and Adress of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee.Enter Prime ❑ Subawardee Name and Address of Prime: Tier if known �,�Ci.re L�E'z�.4S Co..fS�W�ar Congressional District, if known: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: Ofr°rr/!l CFDA Number, ifapplicable 6. Federal Action Number, ifknown: 9. Award Amount, if known: ova"Iy% $ Na✓� 10, a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if (if individual,last name,first name,MI): different from No. 10a) (last name,first name,MI): .tTOnrE �o�✓r<' (attach Continuation Sheet(s)if necessary) 11. Amount of Payment(check all that apply): 13. Type of Payment(check all that apply) $ .VfJNG ❑ actual ❑ planned a. retainer b. one-lime fee a. i e 12. Form Payment(check all that apply): C. commission er a. cash N�N� d, contingent fee b. in-kind;specify: nature e. deferred value f. other,specify: 14. Brief Description of Services Performed or to be performed and Date(s)of Service,including officer(s), employee(s),or member(s)contacted,for Payment Indicated in Item 11: (attach Continuation Shee ) if necessary) 15. Continuation Sheet(s)attached: Yes ❑ No 16. Information requested through this form is authorized by Title 31 U.S.C.section Signature: 135Z This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the per above when this transaction was Print Name: r2SvtlYL C6C Vo51k< made or entered into. This disclosure Is required pursuant to 31 U.S.C.135Z This Information will be reported to the Congress semi-annually and will be Title: OW 0.r�1�-' available for public Inspection, Any person who fails to file the required disclosure shall be subject to a civil penaltyof notiess than$10,000 and not more than Telephone No.: Date: $100,000for each such failure. ?lq5711 15w, 0$-47-e3 Federal Use Only: Asmonzed for Local Reproduction y Standard Form-LLL Standard Form LLL Rev.01.03-95 RACQUET CLUB ROAD SIDEWALK PROJECT CITY PROJECT NO.02-09 4/21/03 DISCLOSURE OF LOBBYING ACTIVITIES BID FORMS-PAGE 9 A INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether sub-awardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or sub-award recipient. Identify the tier of the sub-awardee, e.g., the first sub-awardee of the prime is the first tier. Sub- awards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Sub-awardee" then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP)number, Invitation for Bid(IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. RACQUET CLUB ROAD SIDEWALK PROJECT CITY PROJECT NO.02-09 4/21103 DISCLOSURE OF LOBBYING ACTIVITIES (INSTRUCTIONS) BID FORMS-PAGE 10 (b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other, specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) is attached. 16. The certifying official shall sign and date the form, print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503, SF-LLL-InsWdions Rev.0&04-90yENDIF» RACQUET CLUB ROAD SIDEWALK PROJECT CITY PROJECT NO.02-09 4/21103 DISCLOSURE OF LOBBYING ACTIVITIES (INSTRUCTIONS) BID FORMS-PAGE 11 BID BOND KNOW ALL MEN BY THESE PRESENTS, That as Principal, And as Surety, are held and firmly bound unto the City of Palm Springs, hereinafter called the "City" in the sum of: dollars (not less than 10 percent of the total amount of the bid) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a Bid to said City to perform the Work required under the Bid Schedule(s) of the City's Contract Documents entitled: RACQUET CLUB ROAD SIDEWALK PROJECT FEDERAL PROJECT NO. STPL 5282 (022) CITY PROJECT NO. 02-09 NOW THEREFORE, if said Principal is awarded a Contract by said City, and within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a written Agreement on the Form of Agreement bound with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. in the event suit is brought upon this Bond by said City, and City prevails, said Surety shall pay all costs incurred by said City in such suit, including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED, this day of 2003 PRINCIPAL: Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial OlAcer). SURETY: (Check one: _individual, partnership, _corporation) By By signalure (NOTARIZED) Title Print Name and Title: (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY By slgnature (NOTARIZED) Print Name and Title: (Corporations require two slgnalures; one from each of the following groups:A.Chairman of Board,President,or any Vice President;AND B. RACQUET CLUB ROAD SIDEWALK PROJECT CITY PROJECT NO. 02-09 4121/03 BID BOND(BID SECURITY FORM) BID FORMS-PAGE 12 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. BIDDERICONTRACTOR S Name and Street Address: S 0i41Pn�n�+ 5 Conies rieucYiei� /Ui]3/ LfSff�S/�Eei /N68,awSFJS f1��U l � C� aa3gz 2. CONTRACTOR'S Telephone Number:(74c) Facsimile Number: (7k� ) �! - 06G U 3. CONTRACTORS License: Primary Classification A State License Number(s) 66 3(38/ Supplemental License Classifications X3 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety p/"ejAu R-exey— SU��tt Address /S/ A'ACMlrt boe_ Sari Cn57A 49FSA�- CA AaCaL Surety Company Telephone Numbers: Agent (7/L�) /l b -5A)0 Surety ( ) 5. Type of Firm (Individual, Partnership or Corporation): /lei,D/V/QDU/rL 6. Corporation organized under the laws of the State of: ��.- /` 7. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm: �VIL;}z LM[n�.vM �Ud�/ fislh�,�rinrt Sh.�aS V(chgl/i/&_ q'1597- RACQUET CLUB ROAD SIDEWALK PROJECT CITY PROJECT NO.02-09 4/21/03 BIDDERS GENERAL INFORMATION BID FORMS-PAGE 13 BIDDER'S GENERAL INFORMATION (Continued) 8. Number of years experience as a contractor in this specific type of construction work: 9. List at least three related projects completed to date: a. Owner % Address ////Z /3401TNW-7- Contact Ed Class of Work L'Urrcrt��E 2 ias-( Mks �) H-C_ prWyf' Phone 5'Aa- 9GU-7i/3 Contract Amount @60 � E9fTira,t�✓J Project Ale C.Dt.24 &7PV.0 Date Completed tGaa —o Contact Person CD Telephone number Sl _— 66Lgcv e'AiN FCXJ1 IfJf1/2o2J ?� b. Owner AF CAauAak WM� Address?O-SU( 1QaO G''�' AJ r WOODY Contact�� IHIMVLkE72 Class of Work rYJitJCeE7f C'o.vc77e_ l�C_ Phone 900-59?-4309' Contract Amount 16 CKM Project r'&^e 6- f4 Date Completed 06/— a3 Contact Person 'J(EtJJ_0L)kLe& Telephone number 94/9—Sq7"U3V9 C. Owner l Address73D �'QY(h ozL VA16/J Cp�-L4 ContacdEl �A&Q5cn) ClassofWork CaNc2E7-u- Phonegb9— ;)79- 375_4 Contract Amount /G,vd-o Project ay&RP" DAeI< Date Completed OC —d 5 Contact Person '�b '7Z5tGW/rN Telephone number 9�Q-r31�i-3")r4 10. List the name and title of the person who will supervise full-time the proposed work for your firm: S 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 SIDEWALK PROJECT CITY PROJECT NO. 02-09 4/21/03 BIDDER'S GENERAL INFORMATION BID FORMS-PAGE 14 LOCAL AGENCY BIDDER- DBE - INFORMATION This information should be submitted with your bid proposal. If it is not,and you are the apparent low bidder or the second or third low bidder, it must be received within three (3) business days of bid opening, as specified in the Special Provisions. Failure to submit the required DBE information will be grounds for finding the proposalnonresponsive. CO:RTE:K.P.: CONTRACT NO.: OO — H!�r BID AMOUNT: $ BID OPENING DATE: e' G —/7— G 3 BIDDER'S NAME: 5_ !_��-bcclaS G'?NS�eUCfloJ DBE GOAL FROM CONTRACT: � �/h DBE PRIME CONTRACTOR CERTIFIL`ATION t: CONTRACT ITEM OF WORK AND DBE CERT.NO. NAME OF DBEs DOLLAR ITEM NO. DESCRIPTION OR SERVICES TO (Must be certified on the date AMOUNT BE SUBCONTRACTED OR bids are opened-include DBE DBE' MATERIALS TO BE PROVIDED 1 address and phone number) IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Copies of the DBE quotes are required. Names $ of the First Tier DBE Subcontractors and their respective item(s) of Total Claimed work listed above shall be consistent with the names and items of Participation work in the "List of Subcontractors" submitted with your bid pursuant to the Subcontractors Listing Law and the Special Provisions. 1. DBE prime contractors shall enter their DBE certification number. DBE prime contractors shall indicate all work to be performed by DBEs including work performed by its own forces. Sig re idd 2. If 100% of item is not to be performed or famished by DBE, describe exact portion of item to be performed or furnished by DBE. 7 *��je(� —Q/Q& Date (Area Code)Tel.No� 3. See Section "Disadvantaged Business Enterprises," of the Special Provisions to at ^I 1, determine the credit allowed for DBE fines. t�c--1 L'66!) Pe�or ace Type or Print RACQUET CLUB ROAD SIDEWALK PROJECT CITY PROJECT NO.02-09 4/21103 LOCAL AGENCY BIDDER-DBE INFORMATION i BID FORMS-PAGE 16 DBE INFORMATION—GOOD FAITH EFFORTS Federal-aid Project No.SVCIf S -;1/-Oa7) Bid Opening Date The City of Palm Springs has established a Disadvantaged Business Enterprise (DBE) goal of 11% for this project. The information provided herein shows that an adequate good faith effort was made. A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of Advertisement e-r. tacos 3uue,✓AL oG-/o -cs3 B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.): Names of Date of Follow Up DBEs Initial Methods and Solicited Solicitation Dates C. The items of work which the bidder made available to DBE firms, including, where appropriate, any breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms. Items of Work Breakdown of Items /6/1)S J2�atr yv-k A RACQUET CLUB ROAD SIDEWALK PROJECT CITY PROJECT NO.02-09 4/21103 DBE INFORMATION- GOOD FAITH EFFORTS BID FORMS-PAGE 16 Print this Page----Affidavit Page 1 of 3 TTo,FS !DOCUM),nfT nttin%istl anocha_ arl V11JCCOP) 110R RID 1'.ta'?.AGE COWLIANCE NEws MONTHLY TRADE JOURNAL 1.PUBLICATION AFFIDAVIT-DECLARATION OF PUBLICATION-STATE OF CALIFORNIA J. Cardenas Construction Coutact. .Javier at is seeking qualified Disadvantaged P O.Box 15938- Busmess Enterprise(DBE) Santa Ana. primes/subs mid/or suppliers to CA 92735 provide Telephone. (714)541-li09 Sub/Tree removals/Signs Fax i41-2790 supplier/reach-mix concrete for E-mail jcanieuas a'msii coin ct title)Racquet Bid Due .Tune 17 2pni Racquet Club Road Sidewallt Project m Solicitation Number 02-09 Palm Springs California The.i Cardenas Construction good-faith effort ad is located on-line at: littp.//www compliancenews.com/ Uie undersigned declares I am ove,ire ago of 181 ems and a citizen of the United States I inn not a part to and hai a no hitelest m this matte..I am pri cipat publiAm ofthe COI\U?LIAN(.'E NEV S MONTHLY TRADE JOURNAL in the City ofl,mg Beach. Count, of Los Angeles.and the State ofCahfama The notice.a hme cope of which is attached n as publistied on 06 It)1003 I declare underpenalty of pctpuv that the fo.egomg is hue and conett.Executed at Long Beach,Califuutia Hemy Sprague III C'opptiht 1997 COMPLIANCE NER'S"D\BE=00181i i...-All tights icsen ed https'//secure authorize net/gateway/transact d11 6/10/2001 Print this Page----Aindavit Page 2 of 3 COMPLIANCE NEws DAILY FOCUS JOURNAL 2.PUBLICATION AFFIDAVIT-DECLARATION OF PUBLICATION-STATE OF CALIFORNIA J. Cardenas Construction Contact .Tatter at is seekinIg qualified Dlsadcautaged P p Box 15935_ Business Enterprise(DBE) Santa Ana, prunes/subs and/or suppliers to CA 92735 proclde Telephone (714) �;41-1509 SubMee remocahs Stgns Fax. 541-2790 s;upplierheadc mix conerete for (project title) E-mail 1c RRICW S�a mdn Coin Racquet Club Road Sideu alk Bid Due Time 17 2pm Project in tjob location) Solicitation Number, 02-09 Palm Springs California The T. Cardenas Cotmtroction good-fluth effort ad is located on-line of http.//www.cotupliancenews com/ The undersigned declares: I am of er the age of 15 veins and a eiazen of the Ported States.I inn not a pal tK to and hal'e no mtelast to this mattm I am principal publishe,ofthe('oI\IPLLIN('E NEVI-S I)AILl Ft 1CPS Jt 1URNu in the C1tc ofLong Beaett C'onnh-ofLos Angetes,and the State ofCahfomia The nutiti,a him cope of which is attached was published on 04 11)2003 I dealme under penalty ofpeowy that the fmcgoho,is pile and coneet.Exewted atLoag Beach.Califouua Hemy bVprague HI Copciight 1�7 COpIPL1AN('B NE\6"S^.DA BE"u111R155.. _All rights tcacneA �lkTrade and Focus Journals COMPLIANCE NEWS PUBLISHING COMPANY http://www.compliancenews.com email: info@cyber;enics.conn Tel 562-439-2788 Fax: 562-439-1398 11 S. Termino, Suite 214, Long Beach, Ca 90803 06/10/2003 JRECEIPTad # 11341 TO J. Cardenas Construction Attu. Act Payable P O. Box 15938, Santa Ana https://secure.auttiorize net/gateway/transact.dl1 6/10/2003 Print this Page----Affidavit Page 3 of 3 CA 92735 Telephone: (714) 541-1509 FOR: Good-faith effort advertisements published on 06/10/2001 Total amount paid: $35 US https //secure.authorize.net/,-ateway/transact.dll 6/10/2003 D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, and the firms selected for that work (please attach copies of quotes from the firms involved): Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs: AYAnAre-W—' / M� PES,�z rsE� FAalvr i7AE Names, addresses and phone numbers of firms selected for the work above: E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs: .t r6� �Es cori.s5�' G2er,�t l�f3� F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: A�,y AEA �erJ.1I D J9 e ' G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.): Name of Method/Date Results Agency/Organization of Contact /�IO�� =f?MYl DLL—/O—O�s YiBUS/4-i'> 40 H. Any additional data to support a demonstration of good faith efforts (use additional sheets if necessary): RACQUET CLUB ROAD SIDEWALK PROJECT CITY PROJECT NO.02-09 4/21/03 DBE INFORMATION- GOOD FAITH EFFORTS BID FORMS-PAGE 17 CITY PROJECT NO. 02-09 The Special Provisions contained herein have been prepared by, or under the direct supervision of, the following Registered Civil Engineer: �,�,OF E8 S/o4, �kdPGEF. F c7 m w mI George F. Farago, P.E. No.C-62254 Associate Civil Engineer ExP;9-3a20__ Civil Engineer C 62254 �T.. CIV11 a Nr CA Approved by: c5wj-�— David J. Barakian, P.E. Director of Public Works/City Engineer Civil Engineer C 28931 RACQUET CLUB ROAD SIDEWALK PROJECT CITY PROJECT NO.02-09 4/21/03 SIGNATURE PAGE NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND SPECIAL PROVISIONS TABLE OF CONTENTS PART I -- BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS Notice Inviting Bids Instructions to Bidders Bid Forms Bid (Proposal) Bid Schedule List of Subcontractors Non-collusion Affidavit Equal Employment Opportunity Certification Debarment and Suspension Certification Non-Lobbying Certification Disclosure of Lobbying Activities Bid Bond (Bid Security Form) Bidder' s General Information Local Agency Bidder-DBE Information DBE Information - Good Faith Efforts Agreement and Bonds Agreement Form Worker' s Compensation Certificate Performance Bond Payment Bond Certificate of Insurance PART II -- SPECIAL PROVISIONS Section 1 - Terms, Definitions, Abbreviations, and Symbols Section 2 - Scope and Control of Work Section 3 - Changes in Work Section 4 - Control of Materials Section 5 - Utilities Section 6 - Prosecution, Progress, and Acceptance of the Work Section 7 - Responsibilities of the Contractor Section 8 - Facilities for Agency Personnel Section 9 - Measurement and Payment Section 10 - Construction Details Section 11, 12( 13 - Blank Section 14 - Federal Requirements for Federal-Aid Construction Projects RACQUET CLUB ROAD SIDEWALK PROJECT CITY PROJECT NO.02-09 4/17/03 SPECIAL PROVISIONS GENERAL CONTENTS-PAGE 1 PART III -- APPENDIX Federal Prevailing Wage Rates Standard Drawings Dust Control Sign RACQUET CLUB ROAD SIDEWALK PROJECT CITY PROJECT NO. 02-09 4/17/03 SPECIAL PROVISIONS GENERAL CONTENTS-PAGE 2 CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING DEPARTMENT PART I - BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS RACQUET CLUB ROAD SIDEWALK PROJECT FEDERAL PROJECT NO. STPLH 5282 (022) CITY PROJECT NO. 02-09 Notice Inviting Bids Instructions to Bidders Bid Forms Bid (Proposal) Bid Schedule List of Subcontractors Non-Collusion Affidavit Equal Employment Opportunity Certification Debarment and Suspension Certification Non-Lobbying Certification Disclosure of Lobbying Activities Bid Bond (Bid Security Form) Bidder' s General Information Local Agency Bidder-DBE Information DBE Information - Good Faith Efforts Agreement and Bonds Agreement Form Worker' s Compensation Certificate Performance Bond Payment Bond Certificate of Insurance RACQUET CLUB ROAD SIDEWALK PROJECT CITY PROJECT NO.02-09 4/17/03 PART 1 CONTENTS PAGE 1 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-teohnical data, interpretations, and opinions contained therein or the completeness thereof is the responsibility of the Bidder. (c) Copies of such reports and drawings will be made available for inspection by the City to any Bidder upon request. Those reports and drawings are NOT part of the Contract Documents,but any technical data contained therein upon which the Bidder is entitled to rely is limited to that set forth in the Special Provisions. (d) Subject to the provisions of Section 4215 of the California Government Code,information and data reflected in the Contract Documents with respect to underground utilities at or contiguous to the site is based upon information and data furnished to the City and the Engineer by the owners of such underground utilities or others,and the City does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Special Provisions. (a) Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground utilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in the Standard Specifications and Special Provisions. (f) Before submitting a Bid, each Bidder must, at Bidder's own expense, make or obtain any additional examinations and investigations which pertain to the physical conditions(surface,subsurface, and underground utilities) at or contiguous to the site or otherwise which may affect cost, progress, or performance of the Work and which the Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents. (g) Where feasible, upon request in advance, the City will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submittal of a Bid. The Bidder shall fill all exploration and test holes made by the Bidder and shall repair damage, clean up, and restore the site to its former condition upon completion of such exploration. (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 RACQUET CLUB ROAD SIDEWALK PROJECT CITY PROJECT NO.02-09 4/17/03 INSTRUCTIONS TO BIDDERS-PAGE 1 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 at seq. of the California Public Contract Code. 11. QUANTITIES OF WORK— (a)The quantities of work or material stated in unit price items of the Bid are supplied only to give an indication of the general scope of the Work; the City does not expressly or by implication agree that the actual amount of work or material will correspond therewith. (b) In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit prices established for such work under the Contract Documents; provided, that on unit price contracts, increases of more than 25 percent, decreases of more than 25 percent, and eliminated items shall be adjusted as provided in Section 3 of the Standard Specifications and Special Provisions. RACQUET CLUB ROAD SIDEWALK PROJECT CITY PROJECT NO. 02-09 4/17/03 INSTRUCTIONS TO BIDDERS-PAGE 2 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. -END OF INSTRUCTIONS TO BIDDERS- RACQUET CLUB ROAD SIDEWALK PROJECT CITY PROJECT NO.02-09 4117/03 INSTRUCTIONS TO BIDDERS-PAGE 3 CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING DEPARTMENT PART II -- SPECIAL PROVISIONS RACQUET CLUB ROAD SIDEWALK PROJECT FEDERAL PROJECT NO. STPLH 5282 (022) CITY PROJECT NO. 02-09 Section 1 - Terms, Definitions, Abbreviations, and Symbols Section 2 - Scope and Control of Work Section 3 - Changes in Work Section 4 - Control of Materials Section 5 - Utilities Section 6 - Prosecution, Progress, and Acceptance of the Work Section 7 - Responsibilities of the Contractor Section 8 - Facilities for Agency Personnel Section 9 - Measurement and Payment Section 10 - Construction Details Section 11, 12 - Blank Section 13 - Relations with Railroad Section 14 - Federal Requirements for Federal-Aid Construction Projects RACQUET CLUB ROAD SIDEWALK PROJECT PART II--SPECIAL PROVISIONS CITY PROJECT NO. 02-09 GENERAL CONTENTS-PAGE 1 4/17/03 CITY OF PALM SPRINGS PLIBUC WORKS AND ENGINEERING DEPARTMENT SPECIAL PROVISIONS RACQUET CLUB ROAD SIDEWALK PROJECT FEDERAL PROJECT NO. STPLH 5282 (022) CITY PROJECT NO. 02-09 SECTION 1 -- TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 GENERAL 1-1 .1 Standard Specifications . - The Work hereunder shall be done in accordance with the Standard Specifications for Public Works Construction ("Greenbook") , 2000 Edition, including all current supplements, addenda, and revisions thereof, these Special Provisions, and the Standard Plans identified in the Appendix, insofar as the same may apply to, and be in accordance with, the following Special Provisions . In case of conflict between the Standard Specifications for Public Works Construction ("Greenbook") and these Special Provisions, the Special Provisions shall take precedence over, and be used in lieu of, such conflicting portions . 1-2 LEGAL ADDRESS 1-2 .1 Legal Address of the City. - The official address of the City shall be City of Palm Springs, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, or such other address as the City may subsequently designate in written notice to the Contractor. 1-2 .2 Legal Address of the Engineer. - The official address of the Engineer shall be David J. Barakian, P.E. , Director of Public Works/City Engineer, City of Palm Springs, Engineering Department, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, or such other address as the Engineer may subsequently designate in writing to the Contractor. RACQUET CLUB ROAD SIDEWALK PROJECT TERMS, DEFINITIONS,ABBREVIATIONS,AND SYMBOLS CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 1 -PAGE 1 4/17103 1-2 .3 Legal address of the City' s Project Representative. - The name and address of the City' s designated Project Representative shall be the Engineering Field Supervisor, City of Palm Springs, Public Works and Engineering Department, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, or such other address as the Project Representative may subsequently designate in writing to the Contractor. 1-3 DEFINITIONS AND TERMS 1-3 .1 Definitions and Terms . - Wherever in the Standard Specifications the following terms are used, the definitions shall be amended to read: Agency - The City of Palm Springs, a charter city organized and existing in the County of Riverside, State of California. Engineer - The Director of Public Works/City Engineer of the City of Palm Springs, California. ' Liquidated Damages - The amount prescribed in the Special Provisions, pursuant to the authority of Government Code Section 53069.85, to be paid to the City or to be deducted from any payments due, or to become due, the Contractor for each day's delay in completing the whole or any specified portion of the Work beyond the time allowed in the Special Provisions. Standard Plans - The Standard Drawings and the Special Drawings of the City of Palm Springs. Owner - The Owner shall be the Agency, as defined above. Working Day - A Working Day is defined as any day, except as follows: (a) Saturdays, Sundays, and any designated legal holiday officially observed by the City of Palm Springs. Designated legal holidays are: New Year's Day (January 1) Martin Luther King Jr. Day (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 (Last Friday in November) 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 RACQUET CLUB ROAD SIDEWALK PROJECT TERMS, DEFINITIONS,ABBREVIATIONS, AND SYMBOLS CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 1 -PAGE 2 4/1 V03 force engaged on such operation or operations for at least 60 percent of the total daily time being currently spent on the controlling operation or operations. - END OF SECTION - RACQUET CLUB ROAD SIDEWALK PROJECT TERMS, DEFINITIONS,ABBREVIATIONS, AND SYMBOLS CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 1 -PAGE 3 4/17/03 SECTION 2 -- SCOPE AND CONTROL OF WORK 2-1 GENERAL Particular attention is directed to the provisions of Section 6- 1, "Construction Schedule and Commencement of Work, " Section 6- 7, "Time of Completion, " and Section 6-9, "Liquidated Damages" of the Standard Specifications . After the Contract has been approved by the City, and a written Notice to Proceed has been issued to the Contractor, the Contractor shall start the Work within 10 working days after the date specified in said Notice to Proceed. Said Work shall be diligently prosecuted to completion before the expiration of: 20 WORKING DAYS from the date specified in the Notice to Proceed from the City. 2-1 . 1 Subcontracts. In addition to the subcont ctors required to be listed in accordance with Section 2-3 . of the Standard Specifications, each proposal shall have listed therein the name and address of all subcontractors, regardless of the amount of work, and each DBE subcontractor to be used for credit in meeting the goals, and to whom the bidder proposes to directly subcontract portions of the work. The list of subcontractors shall also set forth the portion of work that will be done by each subcontractor listed. A sheet for listing the subcontractors is included in the Proposal . 2-2 CONTRACT BONDS 2-2 .1 BONDING COMPANY WAIVER OF RIGHT OF NOTIFICATION The following shall be added at the end of Section 2-4 of the Standard Specifications : "The Contractor shall ensure that its Bonding Company is familiar with all of the terms and conditions of the Contract Documents, and shall obtain a written acknowledgement by the Bonding Company that said Bonding Company thereby waives the right of special notification of any changes or modifications of the Contract, or of extensions of time, or of decreased or increased Work, or of cancellation of the Contract, or of any other act or acts by the City or any of its authorized representatives." RACQUET CLUB ROAD SIDEWALK PROJECT SCOPE AND CONTROL OF WORK CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 2 -PAGE 1 4/17/03 2-2 .2 EXECUTION OF BONDS Bonds shall be executed by either: (a) two (2) or more sufficient personal sureties; (b) one sufficient admitted surety insurer; or (c) a combination of sufficient personal sureties and admitted surety insurers . If a corporate surety insurer is used, a County Clerk' s certificate evidencing that it is an admitted surety insurer shall be submitted with the bonds . If a personal surety is used, all requirements set out in Code of Civil Procedure Section 995. 510 shall be met to the satisfaction of the City Engineer. 2-3 PRECEDENCE OF CONTRACT DOCUMENTS The provisions of Section 2-5 .2 of the Standard Specifications shall be revised to read as follows : In resolving disputes resulting from conflicts, errors, or discrepancies in any of the Contract Documents, the document highest in precedence shall control . The order of precedence shall be as listed below: 1. Change Orders or Work Change Directives 2. Agreement 3. Addenda 4. Contractor's Bid (Bid Forms) 5. Special Provisions 6. Notice Inviting Bids 7. Instructions to Bidders B. Plans (Contract Drawings) 9. Standard Plans 10. Standard Specifications 11. Reference Documents With reference to the Drawings, the order of precedence shall be as follows : 1. Figures govern over scaled dimensions 2. Detail drawings govern over general drawings 3. Addenda or Change Order drawings govern over Contract Drawings 4. Contract Drawings govern over Standard Drawings 5. Contract Drawings govern over Shop Drawings 2-4 SUBSURFACE DATA Section 2-7 of the Standard Specifications shall be revised to read as follows : 112-7.1 Limited Reliance by Contractor. - Soils reports and other reports of subsurface conditions may be made available for inspection by the Contractor. HOWEVER, SUCH REPORTS AND DRAWINGS ARE NOT CONTRACT DOCUMENTS. The Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings only where such "technical data" are specifically identified in the Special Provisions. Except for such reliance on such RACQUET CLUB ROAD SIDEWALK PROJECT SCOPE AND CONTROL OF WORK CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 2 -PAGE 2 4/17103 "technical data," the Contractor may not rely upon or make any claim against the City, the Engineer, nor any of the Engineer's Consultants with respect to any of the following: 2-7.1.1. Completeness. - The completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto, or 2-7.1.2. Other Information. - Any other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings, or 2-7.1.3. Interpretation. - Any interpretation by the Contractor of such "technical data, " or any conclusion drawn from any "technical data" or any such data, interpretations, opinions or information." 2-5 TEMPORARY ACCESS OR CONSTRUCTION RIGHTS-OF-WAY Unless indicated otherwise, all temporary access or construction rights-of-way, other than those shown on the Plans, which the Contractor may find it requires during progress of the Work, shall be arranged by and paid for entirely by the Contractor, at its own expense. 2-6 PROTECTION OF SURVEY MONUMENTS It shall be the Contractor' s responsibility to protect all the existing survey monuments, bench marks, survey marks and stakes. Any existing monument shall not be disturbed. The Contractor is advised that any resetting of monuments will be performed by the City' s survey crew. Should the Contractor anticipate the removal of any survey monuments, it shall notify the Engineer prior to removal. The Contractor shall be financially responsible for reinstalling the existing monument well, and the City' s survey crew will reset the monument . 2-7 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 included in the price of the bid for the various items of the Contract. The Contractor must give weekly copies of all survey notes to the Engineer so that the Engineer may check them as to accuracy and method of staking. All areas that are staked by the Contractor must be checked and approved by the Engineer prior to beginning any work in the area. The Engineer will make periodic checks of the grades and alignment set by the Contractor. In RACQUET CLUB ROAD SIDEWALK PROJECT SCOPEAND CONTROL OF WORK CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 2 -PAGE 3 4/17/03 case of error on the part of the Contractor, his/her employees, or surveyor, resulting in establishing grades and/or alignment that are not in accordance with the plans or as established by the Engineer, all construction or staking not in accordance with the established grades and/or alignment shall be replaced without additional cost to the City. The Contractor shall provide all construction surveying by a California registered land surveyor, including monument tie-out and corner record filing, as required by the Engineer or his representative. 2-8 AUTHORITY OF THE ENGINEER The Engineer will decide all conflicts which may arise as to (1) the quality or acceptability of the materials or equipment furnished, (2) the performance of the Work, (3) the manner of performance and rate of progress of the Work, (4) the interpretation of the Plans, Specifications, and Special Provisions, (5) the acceptable fulfillment of the Contract on the part of the Contractor, and (6) compensation of the Contractor. The Engineer' s decision shall be final, and he shall have the authority to enforce and make effective such decisions and orders which the Contractor may fail to carry out promptly. 2-9 INSPECTION The Engineer shall have complete and safe access to the Work at all times during construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the Specifications, the Special Provisions, and the Plans. All labor, materials, and equipment furnished shall be subject to the Engineer' s inspection. When the Work is substantially completed, a representative of the Engineer will make the final inspection. 2-10 SITE EXAMINATION The Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work, and the general and local conditions, such as, but not limited to, all other matters which could in any way affect the Work or the costs thereof. The failure of the Contractor to acquaint itself with all available information regarding any applicable existing or future conditions shall not relieve it from the responsibility for properly estimating either the difficulties, responsibilities, or costs of successfully performing the Work according to the Contract Documents. RACQUET CLUB ROAD SIDEWALK PROJECT SCOPE AND CONTROL OF WORK CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 2 -PAGE 4 4/17/03 2-11 FLOW AND ACCEPTANCE OF WATER Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, and has prepared its Bid accordingly; and the Contractor, by submitting such a Bid, assumes all said risk. 2 .12 SUBMITTALS The following provisions shall be added at the end of Paragraph 2-5 . 3 . 3 of the Standard Specifications : On lump sum items, the Contractor shall submit, for approval by the Engineer, a Schedule of Values, or lump sum price breakdown, which will serve as the basis for progress payments and shall be incorporated into a form of Application for Payment acceptable to the Engineer. Such Schedule of Values shall be submitted for approval at the Pre-construction Conference and must meet the approval of the Engineer before any payments can be made to the Contractor. END OF SECTION - RACQUET CLUB ROAD SIDEWALK PROJECT SCOPE AND CONTROL OF WORK CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 2 -PAGE 5 4117/03 SECTION 3 -- CHANGES IN WORK 3-1 EXTRA WORK The provisions of Section 3-3 of the Standard Specifications shall apply; provided, that the provisions for markup percentages for overhead and profit for extra work referenced in subparagraph 3-3 . 2 . 3 of the 2000 edition shall be deleted in its entirety and the following substituted therefor: 3-2 PAYMENT 3-2 .1 Markup: The provisions of Subsection 3-3 . 2 . 3 Markup, shall be amended to read as follows : (a) Work by Contractor. The following percentages shall be added to the Contractor' s costs and shall constitute the markup for all overhead and profit . 1) Labor 24 percent (includes bonding) 2) Materials 15 percent 3) Equipment rental 15 percent 4) Other items and expenditures 15 percent 5) Subcontracts (1st tier only) 5 percent 6) lower tier subcontractors none To the sum of the costs and markups provided for in this subsection, except for labor, one percent shall be added as compensation for bonding. 3-2 .2 Contract Unit Prices : The provisions of Subsection 3- 2 . 2 . 1 of the Standard Specifications shall be revised to read as follows : 3-2 .2 .1 (a) Allowable Quantity Variations on Unit Price Contracts: In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the Contract Documents, wherever such . unit price has been established; provided, that an adjustment in the Contract Unit Price may be made for changes which result in an increase or decrease in the quantity of any unit price bid item of the Work in excess of 25 percent, or for eliminated items of work. 3-2 .2 . 1 (b) Increases of More Than 25 Percent on Unit Price Contracts: On a unit price contract, should the total quantity of any item of work required under the Contract exceed the Engineer' s Estimate therefor by more than 25 RACQUET CLUB ROAD SIDEWALK PROJECT CHANGES IN WORK CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 3 -PAGE 1 4/17/03 percent, the work in excess of 125 percent of such estimate and not covered by an executed contract Change Order specifying the compensation to be paid therefor will be paid for by adjusting the Contract Unit Price, as hereinafter provided, or at the option of the City, payment for the work involved in such excess will be made as provided in Section 3-3 . 2 of the Standard Specifications, as amended in these Special Provisions. Such adjustment of the Contract Unit Price will be the difference between the Contract Unit Price and the actual unit cost, which will be determined as hereinafter provided, of the total pay quantity of the item. If the costs applicable to such item of work include fixed costs, such fixed costs shall be deemed to have been recovered by the Contractor by the payments made for 125 percent of the Engineer' s Estimate of the quantity for such item, and in computing the actual unit cost, such fixed costs will be excluded. Subject to the above provisions, such actual unit cost will be determined by the Engineer in the same manner as if the work were to be paid for as extra, work as provided in Section 3-3 . 2 of the Standard Specifications, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the City. When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the Engineer' s Estimate is less than $5, 000 at the applicable Contract Unit Price, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor. 3-2 .2 .1 (c) Decreases of More Than 25 Percent on Unit Price Contracts : On unit price contracts, should the total pay quantity of any item of work required under the contract be less than 75 percent of the Engineer' s Estimate therefor, an adjustment in compensation pursuant to this Section will not be made unless the Contractor so requests in writing. If the Contractor so requests, the quantity of said item performed, unless covered by an executed contract change order specifying the compensation payable therefor, will be paid for by adjusting the Contract Unit Price as hereinafter provided, or at the option of the Engineer, payment for the quantity of the work of such item performed will be made as if the work were to paid for as extra work as provided in Section 3-3. 2 of the Standard Specifications, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the City; provided however, that in no case shall the RACQUET CLUB ROAD SIDEWALK PROJECT CHANGES IN WORK CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 3 -PAGE 2 4117/03 payment for such work be less than that which would be made at the Contract Unit Price. Such adjustment of the contract unit price will be the difference between the contract unit price and the actual unit cost, which will be determined as hereinafter provided, of the total pay quantity of the item, including fixed costs. Such actual unit cost will be determined by the Engineer in the same manner as if the work were to be paid for as extra work as provided in Section 3-3. 2 of the Standard Specifications, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the City. The payment for the total pay quantity of such item of work will in no case exceed the payment which would be made for the performance of 75 percent of the Engineer' s Estimate of the quantity for such item at the original Contract Unit Price. 3-2 .2 . 1 (d) Eliminated Items on Unit Price Contracts: On unit price contracts, should any contract item of the Work be eliminated in its entirety, in the absence of an executed contract Change Order covering such elimination, payment will be made to the Contractor for actual costs incurred in connection with such eliminated contract item if incurred prior to the date of notification in writing by the Engineer of such elimination. If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the Engineer, and if orders for such material cannot be canceled, it will be paid for at the actual cost to the Contractor. In such case, the material paid for shall become the property of the City and the actual cost of any further handling will be paid for by the City. If the material is returnable to the vendor and if the Engineer so directs the Contractor, the material shall be returned and the Contractor will be paid for the actual cost of charges made by the vendor for returning the material. The actual cost of handling returned material will be paid for. The actual costs or charges to be paid by the City to the Contractor as provided in this Section 3-2 will be computed in the same manner as if the work were to be paid as extra work as provided in Section 3-3 . 2 of the Standard Specifications, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the City. - END OF SECTION - RACQUEf CLUB ROAD SIDEWALK PROJECT CHANGES IN WORK CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 3 -PAGE 3 4/17103 SECTION 4 -- CONTROL OF MATERIALS 4-1 TRADE NAMES OR EQUALS 4-1 .1 Substitutions. - Subparagraph 2 of Section 4-1 . 6 of the Standard Specifications shall be amended to read as follows : Whenever any particular material, process, or equipment is indicated by a patent, proprietary, or brand name, or by the name of the manufacturer, such product shall be followed by the words "or equal. " A Contractor may offer any material, process, or equipment considered as equivalent to that indicated, unless a sole source is specified. Failure of the Contractor to submit requests for substitution promptly after bid opening shall be deemed to signify that the Contractor intends to furnish one of the brands named in the Special Provisions, and the Contractor does hereby waive all rights to offer or use substitute materials, products, or equipment for that. which was originally specified. Unless otherwise authorized by the Engineer, the time for submission of data substantiating a request for substitution of an "or equal" item shall be not more than 20 days after bid opening. 4-1 .2 Submittals for Approval of "Or Equals . " - Should the Contractor request approval for "or equal" products, it shall submit data substantiating such request to the Engineer as per Subsection 4-1 . 1, above. Data for approval of "or equal" products shall include complete calculations, technical specifications, samples, or published documents relating to the performance and physical characteristics of the proposed substitute. The appearance of manufacturer and product names or trademarks, details of materials or services, or product descriptions in either the Plans or the Specifications are for reference only and , do not constitute an endorsement of same by the Engineer or the City. 4 .2 MATERIALS 4-2. 1 Quantities . - The Contractor shall submit with each of its billing invoices, a corrected list of quantities, verified by the Engineer, for unit price items listed in the Bid Schedule. 4-2 .2 Placing Orders. - The Contractor shall place the order (s) for all long-lead supplies, materials, and equipment, for any traffic signing, striping, legends, and traffic control facilities within 3 working days after the award of Contract by RACQUET CLUB ROAD SIDEWALK PROJECT CONTROL OF MATERIALS CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 4-PAGE 1 4/17/03 the City. The Contractor shall furnish the Engineer with a statement from the vendor (s) that the order (s) for said supplies, materials, and equipment has been received and accepted by said vendor (s) within 15 working days from the date of said award of Contract . END OF SECTION - RACQUET CLUB ROAD SIDEWALK PROJECT CONTROL OF MATERIALS CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 4 -PAGE 2 4/17/03 SECTION 5 -- UTILITIES 5-1 REMOVAL, RELOCATION, OR PROTECTION OF EXISTING UTILITIES (a) The following full text of Government Code Section 4215 shall replace the provisions of Section 5-5, subparagraph 4, of the Standard Specifications : "In accordance with the provisions of Section 4215 of the California Government Code, any contract to which a public agency as defined in Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunk-line utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids. The agency will compensate the Contractor for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. The Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the public agency or the owner of the utility to provide for removal' or relocation of such utility facilities. Nothing herein shall be deemed to require the public agency to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve the public agency from identifying main or trunk lines in the plans and specifications. If the Contractor while performing the contract discovers utility facilities not identified by the public agency in the contract plans or specifications, he or she shall immediately notify the public agency and utility in writing. RACQUET CLUB ROAD SIDEWALK PROJECT UTILITIES CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 5 -PAGE 1 4/17/03 The public utility, where they are the owner, shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price . " (b) Removal, Relocation, or Protection of Existing Utilities.The following provisions shall be added to the end of Section 5-5 of the Standard Specifications : "If the Contractor, while performing the Contract, discovers utility facilities not identified by the public agency in the Contract Plans or Specifications, he or she shall immediately notify the public agency and utility in writing. The public utility, where they are the owner, shall have the sole discretion to perform repairs or relocation work, or permit the Contractor to do such repairs or relocation work at a reasonable price. " 5-2 TEMPORARY SUPPORT OF UTILITIES The Plans identify the approximate locations of existing utilities that parallel or cross the Work. These locations are based on the best information available to the City. The Contractor shall verify these locations . During construction of the Work, some of the existing utilities may fall within the prism of trenches. If the existing utility does fall within the Contractor' s trenches, the utility involved shall be supported properly by the Contractor to the satisfaction of the utility owner. The method of support of the utility, precautions to be taken , during trench backfill and compaction, etc. , shall be per the utility owner' s requirements. The Contractor shall contact the utility owner should it anticipate such exposure of any of the existing utilities. 5-3 UTILITY LOCATION AND PROTECTION Locations of existing utilities shown on the Plans are approximate and may not be complete. Therefore, the Contractor shall notify Underground Service Alert at 1-800-227-2600 a minimum of 2 working days prior to any excavation in the vicinity of any potentially existing underground facilities in order to verify the location of all utilities prior to the commencement of the Work. RACQUET CLUB ROAD SIDEWALK PROJECT UTILITIES CITY PROJECT NO, 02-09 SPECIAL PROVISIONS-SECTION 5 -PAGE 2 4/17/03 The Contractor shall be responsible for coordinating its work with all utility companies during the construction of the Work. All water meters, water valves, fire hydrants, Southern California Edison vaults, General Telephone vaults, Southern California Gas Company valves, and other subsurface structures shall be protected by the Contractor as specified in the Special Provisions. END OF SECTION - RACQUET CLUB ROAD SIDEWALK PROJECT UTILITIES CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 5 -PAGE 3 4117/03 SECTION 6 -- PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 LIQUIDATED DAMAGES 6-1 .1 Amount. - The amount of liquidated damages as specified in Section 6-9 of the Standard Specifications shall not apply, but shall be as stated in the Agreement . 6-2 TIMES OF OPERATION 6-2 .1 Hours of Operation. - It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following, other than between the hours of 7 : 00 a.m. to 3 : 30 p.m. , Monday through Friday, with no work allowed on City- observed holidays, unless otherwise approved by the Engineer: 1. Powered Vehicles 2 . Construction Equipment 3 . Loading and Unloading Vehicles 4 . Domestic Power Tools 6-3 NOTIFICATION The Contractor shall notify the City and the owners of all utilities and substructures not less than 2 working days prior to commencing the Work. The following list of names and telephone numbers is intended for the convenience of the Contractor only and is not guaranteed to be complete or correct : CITY OF PALM SPRINGS Pete Agres, Engineering Field Supervisor (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: Mr. 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 173- 1022 Attention: Mr. Lynn Durrett (909) -�- T'4'J5� RACQUET CLUB ROAD SIDEWALK PROJECT PROSECUTION, PROGRESS, CITY PROJECT NO. 02-09 AND ACCEPTANCE OF THE WORK SPECIAL PROVISIONS-SECTION 6 -PAGE 1 4/21/03 UNDERGROUND SERVICE ALERT (800) 227-2600 6-4 EMERGENCY INFORMATION The names, addresses, and telephone numbers of the Contractor, sub-contractors, their owners, officers, and superintendents, shall be filed with the Engineer at the Pre- Construction Conference. END OF SECTION - PROSECUTION, PROGRESS, RACQUET CLUB ROAD SIDEWALK PROJECT AND ACCEPTANCE OF THE WORK CITY PROJECT NO 02-09 SPECIAL PROVISIONS-SECTION 6 -PAGE 2 4/17/03 SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR 7-1 General. - The requirements and conditions which the bidder must observe in the preparation of the proposal form and the submission of the bid are provided in these Special Provisions, in Notice Inviting Bids, Instructions to Bidders and Bid Documents . In conformance with Public Contract Code Section 7106, a Non- collusion Affidavit is included in the Proposal . Signing the Proposal shall also constitute signature of the Non-collusion Affidavit. ' The Contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract . The Contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT assisted contracts . Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. Each subcontract signed by the bidder must include this assurance. The provisions of Section 7-13 of the Standard Specifications shall be revised to read as follows: "The Contractor shall keep itself fully informed of all existing and future State and Federal laws, and county and municipal ordinances and regulations, which in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any way affect the conduct of the Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. He or she shall at all times observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any or all authority over the Work, and shall indemnify the City and all officers and employees thereof connected with the Work, including, but not limited to, the City Engineer, against any claim or liability arising from, or based on, the violation of any such law, ordinance, regulation, order, or decree, whether by itself or its employees . If any discrepancy or inconsistency is discovered in the Plans, Drawings, Special Provisions, or Contract for the Work in relation to any such law, ordinance, regulation, order, or decree, the Contractor shall forthwith report the same to the Engineer in writing. " RACQUET CLUB ROAD SIDEWALK PROJECT RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 7-PAGE 1 4117/03 7-2 FEDERAL LOBBYING RESTRICTIONS . -- Section 1352, Title 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier sub-recipient of a Federal-aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federal-aid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement . If any funds other than Federal funds have been paid for the same purposes in connection with this Federal-aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents . A certification for Federal-aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Proposal . Standard Form - LLL, "Disclosure of Lobbying Activities, " with instructions for completion of the Standard Form is also included in the Proposal. Signing the Proposal shall constitute signature of the Certification. The above referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower- tier contracts exceeding $100, 000. All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer. The Contractor, subcontractors and any lower-tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors and any lower-tier contractors . An event that materially affects the accuracy of the information reported includes: (1) A cumulative increase if $25, 000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (2) A change in the person (s) or individual (s) influencing or attempting to influence a covered Federal action; or (3) A change in the officer (s) , employees (s) , or Members) contacted to influence or attempt to influence a covered Federal Action. 7-3 Hours of Labor. - Eight hours labor constitutes a legal day' s work. The Contractor shall comply with all applicable provisions of Section 1810 to 1815, inclusive, of the California Labor Code relating to working hours. The Contractor shall forfeit, as a penalty to the City, $25. 00 for each worker RACQUET CLUB ROAD SIDEWALK PROJECT RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 7-PAGE 2 4/17/03 employed in the execution of the contract by the Contractor or by any subcontractor under him for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day or 40 hours in any one calendar week, unless such worker receives compensation for all hours worked in excess of 8 hours per day, or 40 hours during any one week at not less than one and one-half times the basic rate of pay. 7-4 Prevailing Wage. - As required by Sections 1770 and following, of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations . Copies of such prevailing rate of per diem wages are on file at the office of the Engineer, which copies shall be made available to any interested party on request. The Contractor shall post a copy of such determination at each job site. The Contractor shall, as a penalty to the City, forfeit $50 . 00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director for such work or craft in which such worker is employed for any public work done under the Contract by it or by any subcontractor under it . 7-5 Travel and Subsistence Payments. - As required by Section 1773 . 8 of the California Labor Code, the Contractor shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Article. To establish such travel and subsistence payments, the representative of any craft, classification, or type of worker needed to execute the Contract shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within 10 days after their execution and thereafter shall establish such travel and subsistence payments whenever filed 30 days prior to the call for Bids . 7-6 Apprentices on Public Works . - The Contractor shall comply with all applicable provisions of Sections 1777 . 5 and 1777 . 6 of the California Labor Code relating to employment of apprentices on public works. 7-7 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 RACQUET CLUB ROAD SIDEWALK PROJECT RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 7-PAGE 3 4117103 3210 of the Civil Code of the State of California, the City shall, until the discharge thereof, withhold from the moneys under its control so much of said moneys due or to become due the Contractor under this Contract, as shall be sufficient to answer the claim stated in such Stop Notice, and to provide for the reasonable cost of any litigation thereunder, provided, that if the Engineer shall, in its discretion, permit the Contractor to file with the City the bond referred to in Section 3196 of the Civil Code of the State of California, said moneys shall not thereafter be withheld on account of such Stop Notice. 7-8 Retainage From Monthly Payments. - Pursuant to Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any money withheld by the City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent, who shall return such securities to the Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement for in-lieu construction payment retention, provided by the City between the escrow agent and the City, which provides that no portion of the securities shall be paid to the Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City will not certify that the Contract has been satisfactorily completed until at least 30 days after filing by the City of a Notice of Completion. Securities eligible for investment under Public Contract Code Section 22300 shall be limited to those listed in Section 16430 of the Government Code, and to bank or savings and loan certificates of deposit. 7-9 Contracts for Trenches or Excavations; Notice on Discovery of Hazardous Waste or Other Unusual Conditions; Investigations; Change Orders; Effect on Contract. - (a) As required under Section 7104 of the Public Contract Code, in any public works contract of a local public entity, which involves the digging of trenches or other excavations that extend deeper than 4 feet below the surface, shall be subject to the following conditions: the Contractor shall promptly, before the conditions are disturbed, notify the public entity in writing of such conditions . (b) It has been determined that the OSHA soil classification in Palm Springs has designated to be Type C soil throughout the City. All protective measures shall be based upon that determination. 7-10 Resolution of Construction Claims . - As required under Section 20104, et seq. , of the California Public Contract Code, RACQUET CLUB ROAD SIDEWALK PROJECT RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 7-PAGE 4 4/17/03 any demand of $373, 000 or less, by the Contractor for a time extension, payment of money, or damages arising from the work done by or on behalf of the Contractor pursuant to this Contract, or payment of an amount which is disputed by the City, shall be processed in accordance with the provisions of said Section 20104, et seq. , relating to informal conferences, non- binding judicially-supervised mediation, and judicial arbitration. A single written claim shall be filed under this Article prior to the date of final payment for all demands resulting out of the Contract. Within 30 days of ' the receipt of the claim, the City may request additional documentation supporting the claim, or relating to defenses or claims the City may have against the Contractor. If the amount of the claim is less than $50, 000, the Contractor shall respond to the request for additional information within 15 days after receipt of the request . The Contractor shall respond to the request within 30 days of receipt, if the amount of the claim exceeds $50, 000, but is less than $375, 000 . Unless further documentation is requested, the City shall respond to the claim within 45 days, if the amount of the claim is less than $50, 000, or within 60 days, if the amount of the claim is more than $50, 000, but less than $375, 000 . If further documentation is requested, the City shall respond within the same amount of time taken by the Contractor to respond, or 15 days, whichever is greater, after receipt of the information, if the claim is less than $50, 000. If the claim is more than $50, 000, but less than $375, 000, and further documentation is requested by the City, the City shall respond within the same amount of time taken by the Contractor to respond, or 30 days, whichever is greater. If the Contractor disputes the City' s response, or the City fails to respond, the Contractor may demand an informal conference to meet and confer for settlement of the issues in dispute. The demand shall be served on the City, within 15 days after the deadline of the City to respond, or within 15 days of the City' s response, whichever occurs first. The City shall schedule the meet and confer conference within 30 days of the request. If the meet and confer conference does not produce a satisfactory request, the Contractor may pursue the remedies authorized by law. 7-11 Concrete Forms, Falsework, and Shoring. - The Contractor shall comply fully with the requirements of Section 1717 of the Construction Safety Orders, State of California, Department of RACQUET CLUB ROAD SIDEWALK PROJECT RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 7 -PAGE 5 4/17/03 Industrial Relations, regarding the design of concrete forms, falsework, and shoring, and the inspection of same prior to the placement of concrete. Where the said Section 1717 requires the services of a civil engineer registered in the State of California to approve design calculations and working drawings of the falsework or shoring system, or to inspect such system prior to the placement of concrete, the Contractor shall employ a registered civil engineer for these purposes, and all costs therefor shall be included in the Bid item price named in the Contract for completion of the Work as set forth in the Contract Documents . 7-12 Payroll Records; Retention; Inspection; Noncompliance Penalties; Rules and Regulations . - The Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records, enumerated under paragraph one of this Section 7-11, shall be certified and shall be made available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: 1 . A certified copy of an employee' s payroll record shall be made available for inspection, or furnished to the employee, or his or her authorized representative on request. 2 . A certified copy of all payroll records, enumerated herein, shall be made available for inspection, or furnished upon request, to a representative of the body awarding the Contract, or the Division of Labor Standards Enforcement, or the Division Of Apprenticeship Standards of the California Department of Industrial Relations. 3 . A certified copy of all payroll records, enumerated herein, shall be made available upon request to the public for inspection, or copies thereof made, provided, however, that a request by the public shall be made through either the body awarding the Contract, or the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the RACQUET CLUB ROAD SIDEWALK PROJECT RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 7 -PAGE 6 4/17103 requested payroll records have not been provided pursuant to Section 7 . 11, paragraph 2, herein, the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the Contractor, sub- contractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of the Contractor. The Contractor and each subcontractor shall file a certified copy of the records, enumerated in paragraph one of this Section 7-11, herein, with the entity that requested the records within 10 days after receipt of a written request. Any copy of records made available for inspection as copies, and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, shall be marked or obliterated in such a manner as to prevent disclosure of an individual ' s name, address, and social security number. The name and address of the Contractor awarded the Contract or performing the Contract shall not be marked or obliterated. The Contractor shall inform the body awarding the Contract of the location of the records enumerated under said Section 7-11, paragraph one, herein, including the street address, city and county, and shall, within 5 working days, provide a notice of any change of location and address . In the event of noncompliance with the requirements of this Section, the Contractor shall have 10 days in which to comply subsequent to receipt of a written notice specifying in what respects the Contractor must comply with this Section. Should noncompliance still be evident after the 10-day period, the Contractor shall, as a penalty to the State or political subdivision on whose behalf the Contract is made or awarded, forfeit 25 dollars for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A copy of all payrolls shall be submitted weekly to the Engineer. Payrolls shall contain the full name, address and social security number of each employee, his or her correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made, and actual wages paid. They shall also indicate all apprentices and ratio of apprentices to journeymen. The employee' s address and social security number need only appear on the first payroll on which his or her name RACQUET CLUB ROAD SIDEWALK PROJECT RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 7 -PAGE 7 4/17/03 appears . The payroll shall be accompanied by a "Statement of Compliance, " signed by the employer or its agent, indicating that the payrolls are correct and complete, and that the wage rates contained therein are not less than those required by the Contract. The "Statement of Compliance" shall be on forms furnished by the City, or on any form with identical wording. The Contractor shall be responsible for the submission of copies of payrolls from all subcontractors . If, by the 15th of the month, the Contractor has not submitted satisfactory payrolls for all work performed during the monthly period ending on or before the 1st of that month, the City will retain an amount equal to 10 percent of the estimated value of the work performed during the month from the next monthly estimate, except that such retention shall not exceed $10, 000, nor be less than $1, 000 . Retentions for failure to submit satisfactory payrolls shall be in addition to all other retentions provided for in the Contract. The retention for failure to submit payrolls for any monthly period will be released for payment on the monthly estimate for partial payments next following the date that all the satisfactory payrolls for which the retention was made are submitted. 7-13 INSURANCE AMOUNTS The insurance provided by the CONTRACTOR hereunder shall be (1) with companies licensed to do business in the state of California, (2) with companies with a Best ' s Financial Rating of VII or better, and (3) with companies with a Best ' s General Policy Policyholders Rating of not less than A, except that in case of Worker' s Compensation Insurance, participation in the State Fund, where applicable, is acceptable. The limits of liability for insurance, as required by Section 7- 3 and 7-4 of the Standard Specifications, shall provide coverage for not less that the following amounts, or greater where required by laws and regulations : 1. Workers ' Compensation: a) State: Statutory Amount Or minimum $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 RACQUET CLUB ROAD SIDEWALK PROJECT RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 7 -PAGE 8 4/17103 $ 1, 000, 000 Annual Aggregate Property Damage: $ 1, 000, 000 Each Occurrence $ 1, 000, 000 Annual Aggregate b) Property damage liability insurance will provide explosion, collapse, and underground coverages where applicable. C) Personal injury, with employment exclusion deleted: $ 1, 000, 000 Annual Aggregate 3 . Comprehensive Automobile Liability: a) Bodily Injury (Including wrongful death) : $ 1, 000, 000 Each Person $ 1, 000, 000 Each Occurrence b) Property Damage $ 1, 000, 000 Each Occurrence Or a combined single limit of $ 1, 000, 000 7-14 DBE PARTICIPATION REQUIREMENTS AND INSTRUCTIONS This project is subject to Part 26, Title 49, Code of Federal Regulations entitled "Participation by Disadvantaged Business Enterprises (DBE) in Department of Transportation Financial Assistance Programs . " The Contractor shall be fully informed of the requirements of the regulations and the City' s Disadvantaged Business Enterprise (DBE) program developed pursuant to the regulations . 7-14 . 1 DEFINITIONS A DBE must be a small business concern as defined pursuant to the Small Business Act and Small Business Administration (SBA) regulations . A firm is not an eligible DBE in any Federal fiscal year if the firm (including its affiliates) has had average annual gross receipts, as defined by SBA regulations (see 13 CFR 121 . 402) , over the firm' s previous three fiscal years, in excess of $16. 6 million. A DBE is a for profit small business concern that is : RACQUET CLUB ROAD SIDEWALK PROJECT RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 7 -PAGE 9 4/17/03 1. At least 510 owned by one or more individuals who are both socially and economically disadvantaged or, in the case of a corporation (publicly-owned business) , at least 51% of the stock is owned by one or more such individuals; and 2 . Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it . 7-14 .2 AWARD AND SUBSTITUTION Award of this contract will be to the lowest responsive and responsible bidder whose bid complies with all the requirements prescribed and who has met the goal for DBE participation or demonstrated, to the satisfaction of the City, that the bidder has documented adequate good faith efforts to do so as required by these instructions . Failure to do so will be cause for rejection. If awarded the contract, the Contractor may not substitute a person as a subcontractor in place of the DBE subcontractor listed in the original bid without the written authorization of the Engineer pursuant to the term of the contract . Failure to obtain approval may result in payment being denied. 7-14 . 3 COI414ERCIALLY USEFUL FUNCTION A DBE must perform a commercially useful function, i.e. must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work or in accordance with the factors described in Section 26. 55, 49 CFR Part 26 for materials, supplies or trucking. 7-14 .4 DBE PARTICIPATION The Contractor, in order to be considered a responsible and responsive bidder, must make good faith efforts to meet the DBE goal established for the contract. The Contractor can meet this requirement in either of two ways: 1) meet the goal, documenting commitments for participation by DBE firms; or 2) if the goal is not met, the Contractor must document adequate good faith efforts. , A bidder, as prime contractor, who is not a certified DBE firm, will be required to document one or a combination of the following: RACQUET CLUB ROAD SIDEWALK PROJECT RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 7 -PAGE 10 4/17/03 1) The bidder will meet the goal through work performed by DBE subcontractors, suppliers or trucking companies . 2) The bidder, prior to bidding, made adequate good faith efforts to meet the goal . A certified DBE firm may participate as a prime contractor, subcontractor, joint venture partner, or as a vendor of material or supplies, or as a trucking company. A certified DBE bidder, not bidding as a joint venture with a non-DBE firm, will be required to document one or a combination of the following: 1) The DBE bidder will meet the goal by performing work with its own forces; 2) The DBE bidder will meet the goal through work performed by DBE subcontractors, suppliers or trucking companies; 3) The bidder, prior to bidding, made adequate good faith efforts to meet the DBE contract goal . A DBE joint venture partner must be responsible for specific contract items of work, or portions thereof. Responsibility means actually performing, managing and supervising the work with its own forces. The DBE joint venture partner must share in the capital contributions, control, management, risks and profits of the joint venture. The DBE joint venture must submit the joint venture agreement with the DBE participation information form submitted with the bid. If the bidder documents adequate good faith efforts to meet the goal, the award cannot be denied on the basis that the bidder failed to meet the goal. The bidder shall list only one subcontractor for each portion of work as defined in their bid/proposal. Any dollar amount of work, service or supplies proposed for DBE participation can only be counted once. That is, any further subcontracting or spending for DBE work, service or supplies already credited once for DBE participation cannot be counted again. DBE firms must be certified by the California Department of Transportation (Caltrans) Civil Rights Program or a RACQUET CLUB ROAD SIDEWALK PROJECT RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 7-PAGE 11 4117103 participating California local agency, which has a reciprocal agreement with Caltrans and which certifies in conformance with 49 CFR, Part 26 regulations, by the bid opening date before credit may be considered toward meeting the DBE goal . Firms that are self-certified as DBE firms are not eligible for DBE credit . A prime contractor who is a certified DBE firm is eligible to claim all ' of the work it performs in the contract toward the goal, except that portion of the work to be performed by non- DBE subcontractors . Credit for materials or supplies purchased from DBE firms will be calculated as follows : 1) If the materials or supplies are obtained from a DBE manufacturer, 100% of the cost of the materials or supplies will count toward the DBE goal. NOTE: A DBE manufacturer is a firm that operates or maintains a factory or establishment that processes, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character described by the specifications . 2) If the materials or supplies are purchased from a regular dealer that is certified as a DBE firm, 60% of the cost of the materials or supplies will count toward the DBE goal . NOTES : 1 . A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the contract are bought, kept in stock and regularly sold or leased to the public in the usual course of business . 2 . To be considered a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business as provided in this paragraph if the person owns and operates distribution equipment for the products . RACQUET CLUB ROAD SIDEWALK PROJECT RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 7 -PAGE 12 4/17/03 3 . Any supplementing of regular dealers' own distribution equipment shall be by a long-term lease agreement and not on an ad hoc or contract by contract basis. 4 . Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not considered DBE regular dealers within the meaning of this paragraph. 5 . Credit for materials or supplies purchased from a DBE firm which is neither a manufacturer nor a regular dealer will be limited to the entire amount of fees or commission charged for assistance in the procurement of the materials and supplies or fees or transportation charges for the delivery of materials or supplies required on a job site, provide fees are reasonable and not excessive as compared with fees charged for similar services. The cost of materials or supplies is not counted toward the DBE goal in this instance. Credit for DBE trucking companies will be as follows : 1 . The DBE trucking firm must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular contract and there cannot be a contrived arrangement for the purpose of meeting DBE goals . 2 . The DBE trucking firm must itself own and operate at least one fully licensed, insured, and operational truck used on the contract. 3 . The DBE trucking firm receives credit for the total value of the transportation services it provides on the contract using trucks it owns, insures, and operates using drivers it employs . 4 . The DBE trucking firm may lease trucks from another DBE firm, including an owner-operator who is certified as a DBE. The DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee provides on the contract. 5. The DBE trucking firm may lease trucks from a non-DBE firm, including an owner-operator. The DBE who leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement, and does not receive credit for the total RACQUET CLUB ROAD SIDEWALK PROJECT RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 7 -PAGE 13 4/17/03 value of the transportation services provided by the lessee, since these services are not provided by a DBE. 6. A lease must indicate that the DBE trucking firm has exclusive use and control over the truck it uses in the contract . This does not preclude the leased truck from working for others during the term of the lease with the consent of the DBE trucking firm, so long as the lease gives the DBE trucking firm absolute priority for use of the leased truck. 7 . Leased trucks must display the name and identification number of the DBE trucking firm. 7-14 .5 SUBMISSION OF DBE INFORMATION To be eligible for award of the contract, bidders must either have met the DBE contract goal or have provided documentation to establish that prior to bid submittal, the bidder has made adequate good faith efforts to do so. Final determination of goal attainment or good faith effort by the bidder will be at the City' s discretion. All required DBE participation information shall be submitted on the "Local Agency Bidder - DBE - Information" sheet. This information should be submitted with the bid; however, if it is not submitted with the bid, it must be received within three (3) business days of bid opening. It is the bidder' s responsibility to make enough work available to DBE firms and to select those portions of the work or material needs consistent with the available DBE firms to meet the stated contract goal. It is the responsibility of the bidder to verify that DBE firms are appropriately certified. Bidders are cautioned that even though their submittal indicates they will meet the stated DBE contract goal, their submittal should also include their adequate good faith efforts information along with their DBE goal information to protect their eligibility for award of the contract in the event the City, in its review, finds that the stated DBE contract goal has not been met . Bidder' s DBE information shall include: 1 . The names of DBE firms that will participate in the contract with a complete description of work or supplies to be provided by each DBE firm and the dollar value of each proposed DBE transaction. RACQUET CLUB ROAD SIDEWALK PROJECT RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 7 -PAGE 14 4/17/03 2 . A written confirmation from each DBE that is participating in the contract . A copy of the DBE firm' s quote will be acceptable as written confirmation that the DBE firm is participating in the contract . 3 . If a DBE firm will not be performing or furnishing 1000 of a contract item of work, a description of the exact portion of that work to be performed or furnished by that DBE firm shall be included in the DBE information including the planned location of that work. 4 . The work that a DBE firm, as a prime contractor, has committed to be performed with its own forces as well as the work that it has committed to be performed by DBE subcontractors, suppliers and trucking companies will be required. 7-14 . 6 GOOD FAITH EFFORTS Bidders that do not meet the stated DBE contract goal are required to submit with their bid the "DBE Information - Good Faith Efforts" Form. The information necessary to establish that a bidder made adequate good faith efforts to meet the stated DBE contract goal should include: 1 . The names and dates in each publication where a request for DBE participation for this contract was placed by the bidder. 2 . The names and dates of written notices sent to certified DBE firms soliciting bids for this project and the dates and methods used to follow-up initial solicitations to determine with certainty whether the DBE firms were interested in the contract. 3 . The items of work that the bidder made available to DBE firms, including, where appropriate, any break down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. Note: It is the bidder' s responsibility to demonstrate that sufficient work to meet the stated DBE contract goal was made available to DBE firms . 4 . The names, addresses, and telephone numbers of rejected DBE firms, the firms selected for that work, and the reasons for the bidder' s choice. RACQUET CLUB ROAD SIDEWALK PROJECT RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 02-09 _ _ _ - SPECIAL PROVISIONS-SECTION 7 -PAGE 15 4/17/03 5 . Efforts made to assist interested DBE firms in obtaining bonding, lines of credit or insurance, and any technical assistance or information related to the plans, specifications and requirements for the work that was provided to DBE firms . 6. Efforts made to assist interested DBE firms in obtaining necessary equipment, supplies, materials or related assistance or services, , excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate. 7 . The names of agencies contacted to provide assistance in contacting, recruiting and using DBE firms . 8 . Any additional data to support a demonstration of good faith efforts . Note : The Caltrans Civil Rights Program maintains a website, that includes a directory of certified DBE firms at www.dot . ca. gov/hq/bep. 7-14 .7 RIGHT OF ADMINISTRATIVE CONSIDERATION If the apparent successful bidder has failed to meet the DBE requirements by failing to document it has obtained enough DBE participation to meet the stated DBE contract goal; or did not succeed in documenting adequate good faith efforts, the bidder has ten (10) calendar days after notification by the City to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. Written documentation must be submitted to: City of Palm Springs David J. Barakian, City Engineer 3200 E. Tahquitz Canyon Way P.O. Box 2743 Palm Springs, CA 92263-2743 (760) 323-8253, extension 8732 fax: (760) 322-8325 A written decision on reconsideration will be issued within five (5) working days of receipt of the request . 7-14 . 8 DBE PARTICIPATION REQUIREMENTS AND GENERAL REGULATIONS The DBE participation for this contract is 6 percent. The Contractor shall carry out applicable requirements of 49 CFR, Part 26, of the Code of Federal Regulations, entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs, " in RACQUET CLUB ROAD SIDEWALK PROJECT RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 7 -PAGE 16 4/17103 the award and administration of DOT-assisted contracts . The regulations in their entirety are incorporated herein by reference. The Contractor shall not discriminate on the basis of race color, national origin or sex in the performance of this contract. Noncompliance by the Contractor with the requirements of the regulations is a material breach of this contract and may result in termination of the contract or other such appropriate remedy as the City deems appropriate. The Contractor shall include the following requirements in each subcontract the Contractor signs with a subcontractor: 1 . A subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract . 2 . The subcontractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this contract . 3 . Contractors shall include in their subcontracts, language providing the use of appropriate alternative dispute resolution mechanisms to resolve payment disputes . 7-14 . 9 Performance of DBE Contractors, Subcontractors and Suppliers DBE firms, as prime contractors, must perform at least 30 percent of the total cost of this contract with their own work force. DBE subcontractors shall perform the work and supply the materials for which they have been listed in the "Local Agency Bidder - DBE - Information" Form submitted with the bid, unless the Contractor has received prior written authorization to perform the work with other forces or to obtain the materials from other sources as set forth in Section 3-1 . 6, "DBE Substitution and Additions" . 7-14 . 10 Prompt Payment to DBE and Non-DBE Contractors The Contractor shall not be entitled to any payment for the work or materials, unless it is performed or supplied by listed subcontractors (DBE or non-DBE) , or by the Contractor' s own forces, pursuant to prior written authorization of the Engineer. This is the case even if other contract work is not completed and has not been accepted in conformance with the terms of the contract by the City. RACQUET CLUB ROAD SIDEWALK PROJECT RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 7 -PAGE 17 4117/03 Prior to the fifteenth of each month, the Contractor shall submit documentation to the Engineer showing the amount paid to DBE trucking companies listed in the Contractor' s DBE information (if any) . This monthly documentation shall indicate the portion of the revenue paid to DBE trucking companies that is claimed toward DBE participation. The Contractor shall also obtain and submit documentation to the Engineer showing the amount paid by DBE trucking companies to all firms, including owner-operators, for the leasing of trucks . The DBE who leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a result of the lease arrangement. The records must confirm that amount of credit claimed toward DBE participation conforms with these Specifications . The Contractor shall also obtain and submit documentation to the Engineer showing the truck number, owner' s name, California Highway Patrol CA number and, if applicable, the DBE certification number of the owner of the truck for all trucks used during that month for which DBE participation will be claimed. Documentation shall be submitted on the "Monthly DBE Trucking Verification" Form included at the end of this Section. The Contractor shall pay all DBE subcontractors and non-DBE subcontractors for satisfactory performance of their contracts within ten (10) days from receipt of each payment from the City made to the Contractor. The Contractor shall certify on its progress payments that all DBE subcontractors and non-DBE subcontractors were paid within ten (10) days from receipt of previous payments from the City made to the Contractor. 7-14.11 Prompt Payment Progress Pay Retention to DBE and Non- DBE Subcontractors The Contractor shall return all moneys withheld in retention from the subcontractor within 30 days after receiving payment for work satisfactorily completed, even if other contract work is not completed and has not been accepted in conformance with the terms of the contract. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment to the Contractor or deficient subcontract performance or noncompliance by a subcontractor. 7-14 . 12 DBE and Non-DBE Subcontractor Payment Records The Contractor in addition to maintaining records showing the name and business address of each first tier subcontractor, shall also show the name and business address of every DBE RACQUET CLUB ROAD SIDEWALK PROJECT RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 7-PAGE 18 4/17/03 subcontractor, DBE vendor of materials and if applicable, DBE trucking company, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all DBE firms . DBE prime contractors shall also show the date of work performed by their own forces along with the corresponding dollar value of work. Upon completion of the contract, a summary of these records shall be certified correct by the Contractor or his authorized representative and submitted to the City Engineer on the "FINAL REPORT - UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES (DBE) , FIRST - TIER SUBCONTRACTORS" Form, showing total dollars paid to each DBE firm. The form is included at the end of this Section. The Form shall be furnished to the Engineer with the final progress pay estimate. Failure to provide the summary of DBE payments with the final invoice will result in the invoice being rejected until the report is received. 7-14 . 13 Penalty Assessed for Failure to Provide Subcontractor Payment Records Ten Thousand Dollars ($10, 000) will be withheld from payment if the "Final Report - Utilization of Disadvantaged Business Enterprises (DBE) , First-Tier Subcontractors" Form is not submitted. The amount will be paid to the Contractor when the form is submitted. 7-14 .14 DBE Substitutions or Additions The Contractor may not substitute, or terminate for convenience, a subcontractor, a supplier or, if applicable, a trucking company, listed in the original bid without the prior written approval of the Engineer. However, the Contractor may add a firm to perform work originally planned to be done by the Contractor' s own forces . The Contractor must make an adequate good faith effort to find another certified DBE subcontractor to substitute for the original DBE firm. The Contractor will be required to make adequate good faith efforts to replace the original DBE subcontractor with another DBE subcontractor to the extent needed to meet the stated DBE contract goal. The requirement that DBE firms must be certified by the bid opening date does not apply to DBE substitutions or additions after award of the contract. DBE firms must be certified at the time of the substitution or addition. RACQUET CLUB ROAD SIDEWALK PROJECT RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 7-PAGE 19 4/17/03 Contractors shall submit requests for substitution in writing to the Engineer. Authorization to use other subcontractors or suppliers may be requested for the following reasons : 1 . The listed DBE firm, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract, when such written contract, based upon the general terms and conditions for this contract or on the terms of such subcontractor' s or supplier' s written bid, is presented by the Contractor. 2 . The listed DBE firm becomes bankrupt or insolvent . 3 . The listed DBE firm fails or refuses to perform the subcontract or furnish the listed materials . 4 . The Contractor stipulated that a bond was a condition of executing a subcontract and the listed DBE subcontractor failed or refuses to meet the bond requirements of the contract . 5 . The listed DBE firm was the result of an inadvertent clerical error. The Contractor must have asserted a claim of inadvertent clerical error in listing the subcontractor within two (2) working days after bid opening and provide copies of that notice to both the subcontractor he or she claims to have listed in error and intended subcontractor who had bid to the Contractor prior to bid opening. 6. The listed DBE firm was not licensed as required by the State of California Contractor' s Licensing Board or failed to have the required permits or licenses as required by Federal, State or Local governmental jurisdictions . V . The work performed by the listed subcontractor is substantially unsatisfactory and is not in substantial conformance with the scope of work to be performed, or the subcontractor is substantially delaying or disrupting the progress of the work. 8 . When the listed DBE firm is ineligible to work on a public works project pursuant to Section 1777 . 1 or 17777 . 7 of the Labor Code. 9. When it is in the best interest of the City. Prior to approval of the Contractor' s request for substitution to the Engineer, the Contractor shall give notice in . writing to the listed DBE subcontractor of the Contractor' s request to substitute and the reasons for the request. The notice shall be served by certified or registered mail to the last known RACQUET CLUB ROAD SIDEWALK PROJECT RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 7 -PAGE 20 4/17103 address of the subcontractor. The listed subcontractor who has been so notified, shall have five (5) working days within which to submit written objections to the substitution to the Engineer. Failure to respond to a written objection shall constitute the listed subcontractor' s consent to the substitution. 7-14 . 15 Termination of a DBE Firm In conformance with Federal DBE regulation Sections 26. 53 (f) (1) and 26. 53 (f) (2) , Part 26, 49 CFR, the Contractor shall not: 1. Terminate for convenience a listed DBE subcontractor and then perform that work with its own forces (personnel) , or those of an affiliate, unless the Contractor has received prior written authorization from the Engineer to perform the work with other forces or to obtain materials from other sources 2 . If a DBE subcontractor is terminated or fails to complete its work for any reason, the Contractor will be required to make adequate good faith efforts to replace the original DBE subcontractor with another DBE subcontractor to the extent needed to meet the stated DBE contract goal . 7-14 . 16 DBE Firm Certification Status If a DBE subcontractor is decertified during the term of the contract, the decertified subcontractor shall notify the Contractor in writing with the date of de-certification. If a subcontractor becomes a certified DBE firm during the term of the contract, the subcontractor shall notify the Contractor in writing with the date of certification. Upon completion of the contract, the Contractor shall submit to the Engineer with the final progress pay estimate the "Disadvantaged Business Enterprise (DBE) Certification Status Change" Form, indicating all DBE firms' certification status and shall be signed and certified correct by the Contractor, even if no change of status was determined during the term of the contract. The form is included at the end of this Section. 7-15 PERMITS 7-15.1 Business License. The Contractor and all of its subcontractors shall possess a current City business license issued by the City prior to commencement of the Work, in accordance with Title 3 of the City' s Municipal Code. The Contractor shall obtain a Business License from the City of Palm Springs prior to commencement of work. The Business License can be obtained from the City of Palm Springs, Business License RACQUET CLUB ROAD SIDEWALK PROJECT RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 7 -PAGE 21 4117/03 Office, 3200 Tahquitz Canyon Way, Palm Springs, CA. 92262, (160) 323-8289. 7-15 .2 City of Palm Springs Construction Permit. The Contractor shall be required to obtain and sign a City of Palm Springs Construction Permit prior to commencement of the Work, but the fee for this permit shall be waived. The Construction Permit can be obtained from the office of the Engineer. 7-16 SITE CLEANUP Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the Contractor shall keep the work site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance, as required in Section 7-16 of these Special Provisions. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods . Materials and equipment shall be removed from the site as soon as they are no longer necessary; and upon completion of the work and before final inspection the entire worksite shall be cleared of equipment, unused materials, trash, rubbish and debris so as to present a satisfactory clean and neat appearance, as approved by the Engineer. All cleanup costs shall be absorbed in the Contractor' s bid. Full compensation for all work required in this section shall be considered as included in the contract prices paid for the related items of work and no additional compensation will be allowed therefor. 7-17 DUST CONTROL 7-17 . 1 General A. The Contractor shall be responsible for stabilizing the disturbed soil during construction. The method which it will use must be approved by the Engineer. If a water meter is required by the Engineer during construction, the Contractor shall contact the Desert Water Agency at (760) 323-4971 to obtain said meter. The cost of this work shall be included in the price of various items in the Bid Schedule, and no additional payment will be made therefor. B. The Contractor shall be responsible for maintaining the project site and providing adequate dust control 24 hours a day, everyday, through the duration of the project, in conformance with City requirements, Section 10 of the Standard specifications, and to the satisfaction of the City Engineer. RACQUET CLUB ROAD SIDEWALK PROJECT RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 7 -PAGE 22 4/17/03 7-17 .2 Dust Control Sign Requirements 7-17 .2 .1 Sign Materials and Fabrication. - The Contractor shall construct, erect, and maintain a rectangular, painted sign, outside of any proposed work area. The sign shall be installed within 5 days of the execution of the Contract, and the Contractor shall maintain the sign in good condition until the execution of the Notice of Completion, at which time the Contractor shall remove the sign and deliver it to the City yard. The sign board shall be minimum 3-foot wide by 2-foot high, constructed as follows : a. 3/4" High Density Overlay exterior type plywood, Grade designation APA HDO EXT. b. Two 4" x 4" posts securely buried not less than 36 inches into the ground. No concrete shall be used to secure the sign posts . The posts shall be treated with linseed replacement oil tinted with redwood stain. C. Posts shall be attached to the edges of the plywood with a minimum of two (2) carriage bolts on each post. d. The front surface of the sign should be painted in the contrasting colors of a white background with black lettering. All paint shall be weather-proof non fading enamel . e. Commercially prepared metal signs mounted on steel posts are also acceptable. f. For large projects, signs shall be installed at 300 feet spacing along adjacent streets, or as required by the City Engineer. No handwritten signs will be accepted. Stenciled or professionally prepared signs are required. 7-17 .2 .2 Sign Installation. - The sign shall be installed such that members of the public can easily view, access, and read the sing at all times and shall be located along the street frontage such that it will not be subject to damage from equipment or vehicles working at the project site. Additionally: a . The lower edge of the sign shall be mounted a minimum of 2 feet above existing ground level for easy viewing. b. On the construction site the sign should be positioned so as to be visible from all major streets. c. For construction projects that are developed in phases, the sign should be relocated to the areas which are under active construction. 7-17 .2 .3 Sign Lettering. - The sign shall contain the following words in the top portion of the sign in minimum 3/4" high, bold face type letters :_ RACQUET CLUB ROAD SIDEWALK PROJECT RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 7 -PAGE 23 4/17103 Project Name: RACQUET CLUB ROAD SIDEWALK PROJECT Contractor: City Project No: 02-09, FEDERAL PROJECT No. STPLH 5282 (022) The sign shall contain the following words in the largest, minimum bold face type letters : TO REPORT BLOWING DUST FROM THIS PROJECT CALL: (XXX) XXX-XXXX The Contractor shall provide its Superintendent' s or Project Manager' s 24 hour telephone number. Underneath in smaller, min. 3/8" bold face type letters shall be the following words : If you do not get a response within one hour, please call: 8:00 a.m.-5:00 p.m. Monday through Friday: (760) 323-8253 Palm Springs Public Works and Engineering Department After hours or weekends: (760) 323-8115 Palm Springs Police Department Or call A.Q.M.D. : 1-800-288-7664 The sign planning, appearance, and layout shall substantially conform to the sketch included in Appendix A, and shall be subject to the approval of the Engineer. The sign shall be placed into its final position as a part of the work of Initial Mobilization, as specified in Section 9 . 7-17 .2 . 4 Sign Maintenance. - Dust Control Sign shall be maintained in good condition by the Contractor at all times during the entire contract. In case of damage to the sign from any cause, including graffiti, vandalism, environmental conditions and fading, the Contractor shall repair, re-install, and/or repaint the sign, as required. All such repair or maintenance shall be completed promptly within 2 days of any such damage to the full satisfaction of the Engineer. 7-17 .2 .5 Payment. ' - Full compensation for providing 24 hour dust control and project maintenance; and for furnishing, erecting, maintaining, and removing the dust control sign shall be considered as included in the contract lump sum price paid for mobilization, and no additional compensation will be allowed therefor. - END OF SECTION - RACOUEr CLUB ROAD SIDEWALK PROJECT RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 7 -PAGE 24 4/17103 STATE OF CALIFORNIA-DEPARTMENT OF TRANSPORTATION MONTHLY DBE TRUCKING VERIFICATION CP-CEM-2404(F)(NEW 12199) CONTRACT NO. MONTH YEAR DBE Company California Hwy. Commission Date Lease Truck Owner Cert.No. Name and Address Truck No. Patrol CA No. Or Paid Arrangement Amount Paid' N if applicable) Lease Agreement ❑ $ with Non-DBE ❑ with DBE ❑ Lame Agreement ❑ S with Non-DBE ❑ with DBE ❑ Lease Agreement ❑ $ with Non-DBE ❑ with DBE ❑ Lease Agreement ❑ S with Non-DBE ❑ with DBE ❑ Lease Agreement ❑ $ with Non-DBE ❑ with DBE ❑ Lease Agreement [7 $ with Non-DBE [❑J with DBE Lease Agreement ❑ $ with Non-DBE ❑ with DBE ❑ Lease Agreement ❑ 3 with Non-DBE ❑ with DBE ❑ Lease Agreement ❑ 3 with Non-DBE ❑ with DBE ❑ TOTAL AMOUNT PAID S PRIME CONTRACTOR BUSINESS ADDRESS BUSINESS PHONE NO. "Upon request all Lease Agreements shall be made available,in accordance with the Special Provisions, I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT CONTRACTOR REPRESENTATIVE'S SIGNATURE TITLE DATE CEM 2404r(NEW 12/w) COPY DISTRIBUTION: ORIGINAL-RESIDENT ENGINEER RESPONSIBILITIES OF:THE CONTRACTOR SPECIAL PROVISIONS- SECTION 7- PAGE 25 STATE OF CALIFORNIA-DEPARTMENT OF TRANSPORTATION FINAL REPORT - UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES (DBE), FIRST-TIER SUBCONTRACTORS (FEDERALLY FUNDED PROJECTS) - CP-CEM-2402(F)(Rev. 10199) CT#7541-3502-2 CONTRACT NUMBER COUNTY ROUTE POST MILES/POST FEDERAL AID PROJECT ADMINISTERING AGENCY CONTRACT COMPLETION DATE KILOMETERS PRIME CONTRACTOR INESS ADDRESS CONTRACT AMOUNT DESCRIPTION CONTRACT PAYMENTS ITEM OF WORK SUBCONTRACTOR NAME DBE NO. PERFORMED AND BUSINESS ADDRESS CERT.NO. AND MATERIALS PROVIDED DBE,SMBE, DATE DATE OF Non-DBE DBE* DBE,SMBE* DBE,SWBE* SWBE* WORK FINAL COMPLETE PAYMENT ORIGINAL COMMITMENT: TOTAL $ $ $ $ $ DBE DBE,SMBE *The decision of which column to be used for entering the DBE dollar value is based on what Program(s) the firm is Certified. $ $ This Program status is determined by the Civil Rights Certification Unit based on ethnicity, gender, ownership and control issues DBE,SWBE DBE,SMBE,SW at time of certification. The certified firm is issued a certificate by the Civil Rights unit that states their program status as well as the firms Expiration Date. DBE Program status may be obtained by accessing the Civil Rights website (http://www.dot.ca.gov/hq/bepo and downloading the Calcert Extract or by calling 916 227 2207. List all First Tier Subcontractors, Disadvantaged Business Enterprises(DBE's)regardless of tier, whether or not the firms were originally listed for goal credit. If actual DBE utilization(or item of work)was different than that approved at time of award,provide comments on a separate page. List actual amount paid to each DBE, even if different than originally listed for goal credit. Definitions:SMBE(Small Minority Business Enterprises)and SWBE Small Woman-Owned Business Ente rises I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT CONTRACTOR REPRESENTATIVE SIGNATURE BUSINESS PHONE NUMBER DATE - ' - TO THE BEST OF MY KNOWLEDGE THE ABOVE INFORMATION IS COMPLETE AND CORRECT . HONE NUMBER DATE RESIDENT ENGINEER SIGNATURE BUSINESS P RACQUET CLUB ROAD SIDEWALK PROJECT RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS CITY PROJECT NO.02-09 SECTION 7 - PAGE 26 4/17103 STATE OF CALIFORNIA-DEPARTMENT OF TRANSPORTATION DISADVANTAGED BUSINESS ENTERPRISES (DBE) CERTIFICATION STATUS CHANGE CP-CEM-2403(F)(New. 10/99) CONTRACT NUMBER COUNTY ROUTE POST MILES/POST KILOMETERS ADMINISTERING AGENCY CONTRACT COMPLETION DATE PRIME CONTRACTOR BUSINESS ADDRESS ESTIMATED CONTRACT AMOUNT Prime Contractor: List all DBEs with change in certification status (certified/decertified) while in your employ, whether or not firms were originally listed for goal credit. Attach DBE certification/decertification letter in accordance with the Special Provisions. CONTRACT SUBCONTRACTOR NAME AND AMOUNT PAID WHILE CERTIFICATION/ ITEM NO. BUSINESS ADDRESS BUSINESS PHONE CERTIFICATION NUMBER CERTIFIED DECERTIFICATION DATE Letter attached❑ El El El El Comments: I CERTIFY-THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT-' CONTRACTOR REPRESENTATIVE SIGNATURE TITLE BUSINESS PHONE NUMBER DATE TO THE BEST OF MY KNOWLEDGE,THE ABOVE INFORMATION IS COMPLETE AND:CORREOT RESIDENT ENGINEER SIGNATURE BUSINESS PHONE NUMBER DATE 71 RACQUET CLUB ROAD SIDEWALK PROJECT RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO,02-09 SPECIAL PROVISIONS 4/17/03 SECTION 7 - PAGE 27 SECTION 8 -- FACILITIES FOR AGENCY PERSONNEL (BLANK) END OF SECTION - RACQUET CLUB ROAD SIDEWALK PROJECT FACILITIES FOR AGENCY PERSONNEL CITY PROJECT NO. 02-09 - SPECIAL PROVISIONS-SECTION 8 -PAGE 1 4/17/03 SECTION 9 - MEASUREMENT AND PAYMENT 9-1 GENERAL, 9-1 .1 Payment. - Payment for the various items of the Bid Sheet (s) , as further specified herein, shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of work being described, as necessary to complete the various items of work, all in accordance with the provisions for Measurement and Payment in the Standard Specifications and these Special Provisions, and as shown on the Drawings, including all appurtenances thereto, and including all costs of compliance with the regulations of public agencies having jurisdiction, including the Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration of the U. S . Department of Labor (OSHA) . No separate payment will be made for any item that is not specifically set forth in the Bid Sheet (s) , and all costs therefor shall be included in the prices named in the Bid Sheet (s) for the various appurtenant items of work. 9-1.2 Partial and Final Payments. - Acceptance of any progress payment accompanying any estimate without written protest shall be an acknowledgement by the Contractor that the number of accumulated -contract days shown on the associated statement of working days is correct. Progress payments made by the City to the Contractor after the completion date of the Contract shall not constitute a waiver of liquidated damages. Subject to the provisions of Section 22300 of the Public Contract Code, a 10 percent retention will be withheld from each payment . All invoices and detailed pay requests shall be approved by the Engineer before submittal to the City for payment . All billings shall be directed to the Engineer. The Contractor shall submit with its invoice the Contractor' s conditional waiver of lien for the entire amount covered by such invoice; valid unconditional waivers of lien from the Contractor and all subcontractors and material-men for all work and materials included in any prior invoices; Waivers of lien shall be in the forms prescribed by California Civil Code Section 3262 . Prior to final payment by the City, the Contractor shall submit a final waiver of lien for the Contractor' s work, together with releases of lien from any subcontractor or material-men. RACQUET CLUB ROAD SIDEWALK PROJECT MEASUREMENT AND PAYMENT CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 9 -PAGE 1 4/17/03 9-1 .3 Payment. - The last subparagraph of Standard Specifications Section 9-3 . 1 shall be DELETED and the following substituted therefor: At the expiration of 35 days after acceptance of the Work by the City Council, or as prescribed by law, the amount deducted from the final estimate and retained by the City will be processed for payment to the Contractor, except for such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-2 PAYMENT SCHEDULE 9-2 .1 Bid Schedule. - All pay line items will be paid for at the unit prices named in the Bid Sheet (s) for the respective items of work. The quantities of work or material stated as unit price items on the Bid Sheet (s) are supplied only to give an indication of the general scope of the Work. The City does not expressly, nor by implication, agree that the actual amount of work or material will correspond therewith, and reserves the right after the award of Contract to increase or decrease the quantity of any unit price item of work, and shall have the right to delete any Bid item in its entirety, or to add additional Bid items. 9-2 .2 Initial Mobilization. - Measurement for payment for initial mobilization will be based upon completion of such work as a lump sum, non-proratable pay item, and shall require completion of all of the listed items during the first 10 days following the Notice to Proceed. Payment for Initial Mobilization will be made at the lump sum allowance named in the Bid Sheet (s) under Item No. 1, which price shall . constitute full compensation for all such work. Payment for Initial Mobilization will be made in the form of a single, lump-sum, non-proratable payment, no part of which will be approved for payment under the Contract until all Initial Mobilization items listed herein have been completed as specified. The scope of the work included under Pay Item No. 1 shall include the obtaining of all bonds, insurance, and permits, moving onto the site of all plant and equipment, and the furnishing and erecting of plants, temporary buildings, and other construction facilities, all as required for the proper performance and completion of the Work. Mobilization shall include, but not be limited to, the following principal items: 1 . Moving onto the site of all Contractor' s plant and equipment required for the first month' s operations . RACQUET CLUB ROAD SIDEWALK PROJECT MEASUREMENT AND PAYMENT CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 9 -PAGE 2 4/17/03 2 . Providing on-site sanitary facilities and potable water facilities, as specified per Paragraph 7-8 . 4, "Sanitation" of the Standard Specifications . 3 . Obtaining and paying for all required bonds, insurance, and permits. 4 . Posting all OSHA-required notices, and establishment of OSHA-approved safety programs. 5. Having the Contractor' s superintendent at the job site full-time. 6. Submitting of the required Construction Schedule, as specified in the Section 6-1, "Construction Schedule and Commencement of Work" of the Standard Specifications . 7 . Installing and maintaining Dust Control Sign. No payment for any of the listed Initial Mobilization Work items will be made until all of the listed items have been completed to the satisfaction of the Engineer. The aforementioned amount will be retained by the City as the agreed, estimated value of completing all of the mobilization items listed. Any such retention of money for failure to complete all such mobilization items as a lump-sum item shall be in addition to the retention of any payment pursuant to the provisions of Public Contract Code 22300 . - END OF SECTION - RACQUET CLUB ROAD SIDEWALK PROJECT MEASUREMENT AND PAYMENT CITY PROJECT NO. 02-09 SPECIAL PROVISIONS-SECTION 9-PAGE 3 4/17/03 SECTION 10 -- CONSTRUCTION DETAILS 10-1 GENERAL 10-1. 1RECORD DRAWINGS The Contractor shall keep a complete set of record drawings at the job site. The Construction Plans shall be legibly marked showing each actual item of record construction including: 1 . Field changes .of dimensions, locations and/or materials with details as required to clearly delineate the modifications . 2 . Any details not in the original Construction Plans developed by the City throughout construction necessary to clarify or modify the Construction Plans . The Contractor shall maintain all record information daily and make this information available to the Project Inspector upon request. The Contractor' s progress payment will not be approved unless project record drawings are current. 10-1 .2 LOCATION The location of the work is Racquet Club Road, from Indian Canyon Drive to Avenida Caballeros in Palm Springs, California. 10-2 TRAFFIC CONTROL 10-2 .1 Maintaining Traffic. - Attention is directed to Sections 7-10, "Public Convenience and Safety, " of the Standard Specifications . 10-2 .2 Field Operations. -- The Engineer retains the authority to initiate field changes in traffic control to ensure public safety and minimize traffic disruptions . The Contractor shall maintain all traffic control devices in proper working condition 24 hours a day, 7 days a week for the duration of the Work, regardless of whether the subject traffic control devices were originally included in the Contract or were added at the discretion of the Engineer. All traffic control devices shall be removed from view and non-operational when not in use. 10-2 .3 Construction Signing, Lighting and Barricading -- Construction signing, lighting and barricading shall be provided on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "MANUAL OF TRAFFIC RACQUET CLUB ROAD SIDEWALK PROJECT CITY PROJECT NO.02-09 CONSTRUCTION DETAILS 4/21/03 SPECIAL PROVISIONS-SECTION 10 -PAGE 1 CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1996, or subsequent editions in force at the time of construction. These signs and barricades shall be indicated on and be an integral part of the Traffic Control Plan. 10-2 .4 Temporary No Parking Signs. - Temporary No Parking signs shall be posted at least 24 hours, but no more than 48 hours in advance of the work. The signs shall be placed no more than 100 feet apart on each side of the street and at shorter intervals if conditions warrant. The Contractor shall provide the signs and will be responsible for adding the dates and hours of closure to the signs. Removal of signs and furnishing and placing of barricades, if necessary, for posting of signs will be provided. All signs shall be removed within 24 hours after the effective date. 10-2 .5 Notice to Property Owners or Businesses . - The Contractor shall notify the property owners or occupants of affected properties with a written notice 48 hours prior to the beginning of construction. Said notice shall be prepared and submitted to the Engineer for approval prior to notifying property owners or occupants of affected properties . 10-2 . 6 Traffic Disruptions. -- For all road closures, road detours, lane closures, and all night operations, the Contractor shall obtain written approval from the Engineer a minimum of 2 working days prior to the commencement of the Work. All warning signs shall be manufactured with high intensity faces and legends, and shall be placed at least 7 calendar days prior to the commencement of construction. All work done on major and secondary thoroughfares shall utilize solar powered flashing arrow boards, and all signs shall remain in place during nighttime hours. Any of the Contractor' s work that may disrupt normal traffic signal operation shall be coordinated with the Engineer a minimum of 2 working days prior to the commencement of the Work. 10-2 .7 Traffic Signal Operations. - The Contractor shall not modify signal timing. The Contractor shall notify the City 24 hours in advance of any lane closures so that the City can modify signal timing appropriately. 10-2 .8 Travel Lanes. - In public streets, during working hours, the Contractor shall maintain not less than one lane of traffic open in each direction at all times . At night and during non-working hours, the Contractor shall leave the work site in a safe condition and allow for the full use of two lanes of traffic in each direction. Flaggers shall be utilized to ensure the safe flow of traffic at intersections and businesses that may be affected. This work shall be included in the Bid Item price for RACQUET CLUB ROAD SIDEWALK PROJECT CITY PROJECT NO.02-09 CONSTRUCTION DETAILS 4/21/03 SPECIAL PROVISIONS-SECTION 10 -PAGE 2 traffic control in the Bid Schedule, and no additional compensation will be allowed therefore. 10-2 . 9 Traffic Access and Control. - The Contractor shall provide and maintain all necessary traffic control to protect and guide traffic around all work in the construction zone, including solar-powered arrow boards . All traffic controls shall be clearly posted with signs prior to the commencement of the Work. All traffic restrictions listed herein shall supplement any other traffic control requirements of the City, and are not intended to replace any part of these requirements . Local access shall be maintained to all properties fronting the Work at all times. 10-2 .10 Parking and Access. - Access shall be maintained to all driveways within the construction zone, unless other prior arrangements have been made with the Engineer and the affected property owner. 10-2 . 11 Pedestrians. - The Contractor shall erect signs and barricades to direct pedestrians through or around the construction zone. These signs and barricades shall be an integral part of the Contract, and shall be included as part of the Bid Item for traffic Control in the Bid Schedule, and no additional compensation will be allowed therefore. 10-2 . 12 Public Safety During Non-Working Hours. - Notwith- standing the Contractor' s primary responsibility for safety at the site of the Work when the Contractor is not present, the Engineer, at his option, after attempting to contact the Contractor, may direct City forces to perform any functions he may deem necessary to ensure public safety at or in the vicinity of the site of the Work. If such procedures are implemented, the Contractor shall be responsible for all expenses incurred by the City. 10-2 . 13 Measurement and Payment - Measurement for payment for traffic control will be based upon the completion of all planning, design, engineering, furnishing, and construction, and maintenance and removal, of all traffic control as a lump sum item, complete, as required under the provisions of any permits,, and in accordance with the standard specifications and these special provisions . Payment for traffic control shall be considered as included in the lump sum price bid for `Traffic Control" and no additional compensation will be allowed therefore. 10-3 EARTHWORK 10-3 .1 Clearing and Grubbing. - Ali clearing and grubbing shall conform to Sections 300-1. 1, 300-1 . 2, and 300-1. 3 of the Standard Specifications. RACQUET CLUB ROAD SIDEWALK PROJECT CITY PROJECT NO.02-09 CONSTRUCTION DETAILS 4121103 SPECIAL PROVISIONS-SECTION 10 -PAGE 3 Clearing and grubbing shall consist of removing all existing objectionable natural materials in the area of the proposed Work to the satisfaction of the Engineer. Said objectionable materials shall be hauled away and properly disposed of. Clearing and Grubbing shall also include, but not be limited to the following: 1.. Unclassified excavation or fill, including any necessary export or import of materials 2 . Removal of existing landscaping, including decorative lights, rocks, boulders, bricks, concrete borders, gravel, shrubs, plants and trees. 3 . Modification (or relocation) to irrigation improvements, including removal, relocation and capping of irrigation lines and sprinklers . Special note: The plans identify most of the existing private landscaping and miscellaneous improvements within the work area at the time the plans were prepared. It is the Contractor' s responsibility to adequately cover any costs associated with clearing and grubbing, and all miscellaneous removals within the work area, whether or not an item is clearly shown on the plans . Clearing and grubbing shall include all removals necessary to construct the improvements shown on the plans . The Contractor shall be responsible for coordinating with the affected property owners prior to removal of existing landscaping improvements, and for appropriately adjusting, relocating, and capping private irrigation lines and sprinklers . The contractor shall also coordinate with the affected property owners prior to removal and trimming of existing trees within the right of way. All removals and modifications to existing landscaping and irrigation improvements shall be performed by the Contractor to the satisfaction of the Engineer. 10-3 .1 .1 Existing Facilities . - It shall be the Contractor' s responsibility to protect all existing improvements not designated £or 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 RACQUET CLUB ROAD SIDEWALK PROJECT CITY PROJECT NO.02-09 CONSTRUCTION DETAILS 4/21/03 SPECIAL PROVISIONS-SECTION 10 -PAGE 4 work under this contract, and the Contractor, at its expense, shall make any repairs that result from its operations, to the approval of the Engineer and the subject property owner. 10-3.2 REMOVALS 10-3 .2 .1 Disposal Site. - The Contractor shall specify the route and the disposal site of the material that is required to be removed and hauled away. The Contractor shall provide this information at the Pre-Construction Conference. The Contractor shall not stockpile any removals on any adjacent lots, with or without the property owner' s approval. 10-3 .2 .2 Asphalt Concrete Pavement. The Contractor shall remove sections of existing asphalt concrete pavement, as shown on the drawings, located within the right-of-way. Asphalt driveways and sidewalks shall be neatly sawed in straight lines either parallel to the edge of pavement or at right angles to the alignment of the road. 10-3.2 .3 P.C.C. Sidewalk and Driveways : Portland cement concrete shall be removed to neatly sawed edges, with saw cuts made to a minimum depth of one-half the thickness of said concrete. Concrete sidewalk and driveways to be removed shall be neatly sawed in straight lines, either parallel to the curb or at right angles to the alignment of the existing concrete flatwork. 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. 10-3 .3 Payment. - Payment for Clearing and Grubbing shall be made at the lump sum bid item price for "Clearing, Grubbing and Miscellaneous Removals, " and shall constitute full compensation for removal and disposal of all resulting materials (except A.C. and P. C. C. removals) as shown on the plans, encountered in the work area, and required in the Standard Specifications and these special provisions and as directed by the Engineer. Payment for removal of asphalt concrete pavement shall be made at the unit price bid per square foot for "Remove Existing A. C. Pavement", and no additional compensation will be allowed therefore. Payment for removal of Portland Cement concrete pavement shall be made at the unit price bid per square foot for "Remove Existing P.C. C. Pavement", and no additional compensation will be allowed therefore. RACQUET CLUB ROAD SIDEWALK PROJECT CITY PROJECT NO.02-09 CONSTRUCTION DETAILS 4/21/03 SPECIAL PROVISIONS-SECTION 10 -PAGE 5 10-4 PORTLAND CEMENT CONCRETE 10-4 .1 Material . Portland Cement Concrete of the class and type shown on City Standard Drawings shall be used to construct new curb, gutter, cross gutter, spandrels, access ramps, and sidewalk. Where class and type are not specified in the standard drawings or plans, Portland cement concrete of type 560-C-3250 (6 Sack) shall be used for construction. 10-4 .2 Sidewalk. Sidewalk material shall be Portland Cement Concrete of type 560-C-3250 (6 Sack) . Construction of sidewalk shall conform to the City of Palm Springs Standard Drawing Number 210 . The Construction Plans indicate where sidewalk is to be installed. Application details and other specifications not explicitly stated or shown in either the Standard Drawing or the Construction Plans shall conform to Section 303-5 of the Standard Specifications. The Contractor shall widen the proposed sidewalk at the existing traffic sign and mailbox locations to comply with Americans With Disabilities Act (A. D.A. ) requirements (minimum 4' of unobstructed access) . 10-4 .3 Driveway Approaches . Construction of driveway approaches shall conform to the City of Palm Springs Standard Drawing Number 201 . The details specified in this Standard Drawing shall govern but, application details and other specifications not explicitly stated or shown on this Standard Drawing, or on the Construction Plan shall conform to Section 303-5 of the Standard Specifications . 10-4 .4 Handicap Access Ramp. Construction of Type A or Type B access ramps shall conform to the City of Palm Springs Standard Drawings Number 212, 212-A and 213 . These drawings conform to ADA standards as called for in the Plans . Details specified in these Standard Drawings shall govern, but the Construction Plans shall be referred to for location details. ADA standards shall be referred to for other specifications not explicitly stated or shown on the Standard Drawings . Construction materials and application details shall conform to Section 303-5 of the Standard Specifications. The Contractor shall be required to sawcut the face of existing curb returns, to the satisfaction of the City Engineer, where new curb ramps are proposed. 10-4 .5 Barrier Curb. Construction of varying height barrier curb at the locations shown on the drawings shall conform to the detail "D" shown on the Construction Plans . The material shall be Portland cement concrete of type 560-C-3250 (6 Sack) . 10-4 . 6 Adjust Existing Water Meter Covers. - The existing P.C.C. retainer ring, if any, shall be removed and replaced after the water meter box frame and cover or customer control valve box RACQUET CLUB ROAD SIDEWALK PROJECT CITY PROJECT NO.02-09 CONSTRUCTION DETAILS 4121/03 SPECIAL PROVISIONS-SECTION 10 -PAGE 6 frame and cover are adjusted to the new finished grade per the Desert Water Agency' s standard drawings and specifications. 10-4 . 7 Adjust Existing Traffic Signal Pull Box Frame and Cover. - The Contractor shall adjust all traffic signal pull box frames and covers to the new finished grade as per City Standard Drawing No. 1102. 10-4 .8 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. 10-4 . 9 Measurement and Payment. - Payment for construction of Portland cement concrete items will be based on the unit prices bid for the items shown in the bid schedule, for P.C.C. items constructed complete in place as shown on the plans, as specified in the standard specifications and in these special provisions and as directed by the Engineer. Payment for P.C. C. driveway approach per C. P.S. Ste. Dwg. 201 shall be made at the unit price bid per square foot for "Construct P.C.C. Driveway Approach", and no additional compensation will be allowed therefore. Payment for P. C.C. sidewalk per C. P. S. Std. Dwg. 210 shall be made at the unit price bid per square foot for "Construct 4" P.C.C. Sidewalk", and no additional compensation will be allowed therefore. Payment for access ramps per C. P. S . Std. Dwgs . 212, 212-A and 213 shall include horizontal sawcut of existing curb for the curb ramp depression and shall be made at the unit price bid per each ramp for "Construct Type "A" Access Ramp", or "Construct Type "B" Access Ramp", as shown on the drawings, and no additional compensation will be allowed therefore . Payment for P. C.C. barrier curb shall be made at the unit price bid per linear foot for "Construct P. C.C. Barrier Curb", and no additional compensation will be allowed therefore. Payment for adjusting existing water meter frames and covers to grade shall be considered as included in the unit price bid for "Adjust Water Meter to Grade, " and no additional compensation will be allowed therefore. Payment for adjusting existing traffic signal pull box frames and covers to grade shall be considered as included in the unit price RACQUET CLUB ROAD SIDEWALK PROJECT CITY PROJECT NO.02-09 CONSTRUCTION DETAILS 4/21/03 SPECIAL PROVISIONS-SECTION 10 -PAGE 7 bid per square foot for "Construct 4" P.C.C. Sidewalk, " and no additional compensation will be allowed therefore . Payment for P.C.C. items shall include full compensation for construction of P.C.C. items including all material, labor, plant, equipment, furnishing all transportation, hauling, spreading, finishing, and protecting from vandalism, complete in place, in accordance with the standard specifications and these special provisions . No separate payment will be made for grading, preparation of subgrade, furnishing and setting of expansion joint material, disposal of excess materials, and all other appurtenant items for which separate payment is not specifically provided in the bid. 10-5 SIGNAGE 10-5 .1 Sign Resetting. - The Contractor shall notify the Engineer 2 working days in advance of specific locations in which existing signs may require removal and relocation due to construction. The Contractor shall reset existing signs, posts, and sleeves per the City' s Standard Drawing Number 624 and these Special Provisions . 10-5 .2 Sign Post and Sleeve Installation. - Signs shall be reset where shown on the Drawings and as directed by the Engineer. Signs shall be re-installed using new telespar posts and anchor sleeves . Sign posts shall be 2-inches wide by 2-inches deep and of sufficient length to extend from the top of the sign (s) to a minimum of 8 inches into the anchor sleeve, and shall provide a minimum of 7 feet of clearance between the finished grade elevation and the bottom of the lowest sign. The anchor sleeve shall extend from 1 to 2 inches above finished grade and shall be 2-1/4 inches wide by 2-1/4 inches deep by 30 inches long. The sign post shall be attached to the anchor sleeve utilizing 2 "Unistrut, " No. TL 3806, or equal, drive rivets at right angles to each other. The Contractor shall attach signs to all posts using the drive rivets specified herein. 10-5 . 3 Payment. Payment for sign resetting shall be made at the unit price bid per sign, for "Reset Traffic Sign", fully re- installed, and no additional compensation will be made therefore. - END OF SECTION - RACQUET CLUB ROAD SIDEWALK PROJECT CITY PROJECT NO.02-09 CONSTRUCTION DETAILS 4121/03 SPECIAL PROVISIONS-SECTION 10 -PAGE 8 SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL-AID CONSTRUCTION PROJECTS GENERAL.—The work herein proposed will be financed in whole or in part with Federal funds, and therefore all of the statutes, rules and regulations promulgated by the Federal Gov- (This form need not be filled in if all joint venture firms are ernment and applicable to work financed in whole or in part with DBE owned.) Federal funds will apply to such work. The "Required Contract Provisions, Federal-Aid Construction Contracts, 'Form FHWA 1273, are included in this Section 14. Whenever in said required 1.Name ofjoint venture contract provisions references are made to "SHA contracting officer," "SHA resident engineer," or "authorized representative of the SHA," such references shall be construed to mean "Engineer" as defined in Section 1-1.18 of the Standard 2.Address ofjoint venture Specifications. PERFORMANCE OF PREVIOUS CONTRACT.—In ad- dition to the provisions in Section II, "Nondiscrimination," and 3.Phone number of joint venture Section VII, "Subletting or Assigning the Contract," of the re- quired contract provisions, the Contractor shall comply with the following: 4.Identify the firms which comprise the joint venture. (The The bidder shall execute the CERTIFICATION WITH RE- GARD TO THE PERFORMANCE OF PREVIOUS CON- DBE partner must complete Schedule A.) TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS located in the proposal. No request for subletting or assigning any portion of the contract in excess of$10,000 will be considered under the provisions of Section VII of the required contract provisions unless such request is a.Describe the role of the DBE firm in thejoint venture. accompanied by the CERTIFICATION referred to above, executed by the proposed subcontractor. NON-COLLUSION PROVISION.—The provisions in this b.Describe very briefly the experience and business section are applicable to all contracts except contracts for Federal Aid Secondary projects. qualifications of each non-DBE joint venturer: Title 23, United States Code, Section 112,requires as a condi- tion precedent to approval by the Federal Highway Administrator of the contract for this work that each bidder file a sworn statement executed by, or on behalf of, the person, firm, associ- ation, or corporation to whom such contract is to be awarded, certifying that such person, firm, association, or corporation has 5.Nature of the joint venture's business not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the submitted bid. A form to make the non-collusion affidavit 6.Provide a copy of thejoint venture agreement, statement required by Section 112 as a certification under penalty of perjury rather than as a sworn statement as permitted by 28, 7.What is the claimed percentage of DBE ownership? USC, Sec. 1746,is included in the proposal. PARTICIPATION BY DISADVANTAGED BUSINESS 8.Ownership ofjoint venture: (This need not be filled in if ENTERPRISES IN SUBCONTRACTING.—Part 26, Title 49, described in the joint venture agreement,provided by question 6.). Code of Federal Regulations applies to this Federal-aid project. Pertinent sections of said Code are incorporated in part or in its entirety within other sections of these special provisions. Schedule B—Information for Determining Joint Venture Eli- gibility Revised 3-95 08-07-95 FR-1 RACQUET CLUB ROAD SIDEWALK PROJECT SPECIAL PROVISIONS CITY PROJECT NO.02-09 FEDERAL REQUIREMENTS 4/17/03 SECTION 14-PAGE 1 a.Profit and loss sharing. ...................................................................................................... b.Capital contributions,including equipment. Name of Firm Name of Firm c.Other applicable ownership interests. ...................................................................................................... 9. Control of and participation in this contract. Identify by Signature Signature name, race, sex, and "firm" those individuals (and their titles) who are responsible for day-to-day management and policy ...................................................................................................... decision making,including,but not limited to,those with prime Name Name responsibility for: ........................................................................................I............. Title Title a.Financial decisions ...................................................................................................... Date Date b.Management decisions,such as: Date 1.Estimating State of County of 2.Marketing and sales On this _ day of , 19 _, before me 3.Hiring and firing of management personnel _ appeared(Name) to me personally known, who, being duly sworn, did execute the foregoing affidavit, and 4.Purchasing of major items or supplies did state that he or she was properly authorized by (Name of firm) to execute the affidavit and did so as his or her free act and deed. c.Supervision of field operations Notary Public Commission expires Note.—If, after filing this Schedule B and before the comple- tion of the joint venture's work on the contract covered by this [Seal] regulation, there is any significant change in the information submitted, the joint venture must inform the grantee, either di- Date rectly or through the prime contractor if the joint venture is a subcontractor. State of Affidavit County of "The undersigned swear that the foregoing statements are cor- On this _ day of 19 before me rect and include all material information necessary to identify and explain the terms and operation of our joint venture and the appeared (Name) to me personally known, intended participation by each joint venturer in the undertaking. Further,the undersigned covenant and agree to provide to grantee who, being duly sworn, did execute the foregoing affidavit, and current, complete and accurate information regarding actual joint venture work and the payment therefor and any proposed changes did state that he or she was properly authorized by(Name of firm) in any of the joint venture arrangements and to permit the audit and examination of the books, records and files of the joint to execute the affidavit and did venture, or those of each joint venturer relevant to the joint venture, by authorized representatives of the grantee or the so as his or her free act and deed. Federal funding agency. Any material misrepresentation will be grounds for terminating any contract which may be awarded and Notary Public for initiating action under Federal or State laws concerning false statements." Commission expires [Seal] Revised 3-95 08-07-95 FR-Z RACQUET CLUB ROAD SIDEWALK PROJECT SPECIAL PROVISIONS CITY PROJECT NO.02-09 FEDERAL REQUIREMENTS 4117/03 SECTION 14-PAGE 2 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS (Exclusive of Appalachian Contracts) any of its subcontractors)acid the contracting agency,the DOL,or Page the contractor's employees or their representatives. I. General ........................ .............................................. 3 6.Selection of Labor: During the performance of this II. Nondiscrimination ..................................................... 3 contract,the contractor shall not: 1II. Nonsegregated Facilities ......................................... .. 5 IV. Payment of Predetermined Minimum Wage .............. 6 a.discriminate against labor from any other State, posses- V. Statements and Payrolls .............-.............................. 8 sion, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as VI. Record of Materials,Supplies,and Labor.................. 9 specified in Attachment A),or VII. Subletting or Assigning the Contract ......................... 9 VIII. Safety: Accident Prevention ...................................... 10 b.employ convict labor for any purpose within the limits of IX. False Statements Concerning Highway Project........... 10 the project unless it is labor performed by convicts who are on X. Implementation of Clean Air Act and Federal Water parole,supervised release,or probation. Pollution Control Act.................................................. 10 IL NONDISCRIMINATION XI. Certification Regarding Debarment,Suspension, Ineligibility,and Voluntary Exclusion ...................... I I (Applicable to all Federal-aid construction contracts and to all XIL Certification Regarding Use of Contract Funds for related subcontracts of$10,000 or more.) Lobbying .................................................................... 12 I.Equal Employment Opportunity: Equal employment ATTACHMENTS opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under A.Employment Preference for Appalachian Contracts laws, executive orders, rules, regulations (28 CFR 35, (included in Appalachian contracts only) 29 CFR 1630, and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and im- 1. GENERAL posed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project 1.These contract provisions shall apply to all work performed activities under this contract. The Equal Opportunity Construe- on the contract by the contractor's own organization and with the tion Contract Specifications set forth under 41 CFR 60-4.3 and assistance of workers under the contractor's immediate the provisions of the American Disabilities Act of 1990 superintendence and to all work performed on the contract by (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and piecework,station work,or by subcontract. 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply 2.Except as otherwise provided for in each section, the con- with the following minimum specific requirement activities of tractor shall insert in each subcontract all of the stipulations EEO: contained in these Required Contract Provisions, and further re- quire their inclusion in any lower tier subcontract or purchase a.The contractor will work with the State highway agency order that may in turn be made. The Required Contract Provi- (SfIA) and the Federal Government in carrying out EEO obli- sions shall not be incorporated by reference in any case. The gations and in their review of his/her activities under the con- prime contractor shall be responsible for compliance by any tract. subcontractor or lower tier subcontractor with these Required Contract Provisions. b.The contractor will accept as his operating policy the following statement: 3.A breach of any of the stipulations contained in these Re- quired Contract Provisions shall be sufficient grounds for termi- It is the policy of this Company to assure that applicants are nation of the contract. employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, 4.A breach of the following clauses of the Required Contract age or disability. Such action shall include: employment, Provisions may also be grounds for debarment as provided in upgrading, demotion, or transfer; recruitment or recruitment ad- 29 CFR 5.12: vertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentice- Section I,paragraph 2; ship,preapprenticeship, and/or on-the-job training." Section IV,paragraphs 1,2,3,4,and 7; 2.EEO Officer: The contractor will designate and make Section V,paragraphs 1 and 2a through 2g. known to the SHA contracting officers an EEO Officer who will 5.Disputes arising out of the labor standards provisions of have the responsibility for and must be capable of effectively Section IV(except paragraph 5)and Section V of these Required Contract Provisions shall not be subject to the general disputes Form]273—Revised3-95 clause of this contract. Such disputes shall be resolved in accor- dance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CPR 5,6, mid 7. Disputes within the meaning of this clause include disputes between the contractor(or FR-3 RACQUET CLUB ROAD SIDEWALK PROJECT SPECIAL PROVISIONS CITY PROJECT NO. 02-09 FEDERAL REQUIREMENTS 4/17/03 SECTION 14-PAGE 3 administering and promoting an active contractor program of personnel actions of every type, including hiring, upgrading, EEO and who must be assigned adequate authority and responsi- promotion, transfer, demotion, layoff, and termination, shall be bility to do so. taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: 3.Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and a.The contractor will conduct periodic inspections of project discharge employees, or who recommend such action,or who are sites to ensure that working conditions and employee facilities substantially involved in such action,will be made fully cognizant do not indicate discriminatory treatment of project site of, and will implement, the contractor's EEO policy and personnel. contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement b.The contractor will periodically evaluate the spread of will be met,the following actions will be taken as a minimum: wages paid within each classification to determine any evi- dence of discriminatory wage practices. a.Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then c.The contractor will periodically review selected personnel not less often than once every six months, at which time the actions in depth to determine whether there is evidence of contractor's EEO policy and its implementation will be re- discrimination. Where evidence is found, the contractor will viewed and explained. The meetings will be conducted by the promptly take corrective action. If the review indicates that the EEO Officer. discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. b.All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering d.The contractor will promptly investigate all complaints of all major aspects of the contractor's EEO obligations within alleged discrimination made to the contractor in connection thirty days following their reporting for duty with the with his obligations under this contract,will attempt to resolve contractor. such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the c.All personnel who are engaged in direct recruitment for discrimination may affect persons other than the complainant, the,project will be instructed by the EEO Officer in the con- such corrective action shall include such other persons. Upon tractor's procedures for locating and hiring minority group completion of each investigation, the contractor will inform employees. every complainant of all of his avenues of appeal. d.Notices and posters setting forth the contractor's EEO 6.Training and Promotion: policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. a.The contractor will assist in locating, qualifying, aid C.The contractor's EEO policy and the procedures to im- increasing the skills of minority group and women employees, plement such policy will be brought to the attention of em- and applicants for employment. ployees by means of meetings, employee handbooks, or other b.Consistent with the contractor's work force requirements appropriate means. and as permissible under Federal and State regulations, the 4.Recruitment: When advertising for employees, the contractor shall make full use of training programs, i.e., contractor will include in all advertisements for employees the apprenticeship, and on-the-job training . Whereograms for the ge- notation: "An Equal Opportunity Employer." All such adver- percent of area ti contract performance. Where feasible, 25 tisements will,be placed in publications having a large circulation percent of apprentices re trainees in each occupation shall be in among minority groups in the area from which the project work their first year of apprenticeship ro training. In the event a force would normally be derived. special provision for training s provided under this contract, this subparagraph will be superseded as indicated in the special a.The contractor will,unless precluded by a valid bargaining provision. agreement, conduct systematic and direct recruitment through c.The contractor will advise employees and applicants for public and private employee referral sources likely to yield employment of available training programs and entrance re- qualified minority group applicants. To meet this requirement, quirements for each. the contractor will identify sources of potential minority group employees, and establish with such identified sources d.The contractor will periodically review the training and procedures whereby minority group applicants may be referred promotion potential of minority group and women employees to the contractor for employment consideration, and will encourage eligible employees to apply for such b.In the event the contractor has a valid bargaining training and promotion. agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with Form 1273—Revised 3-95 EEO contract provisions. (The DOL has held that where 08-07-95 implementation of such agreements have the effect of dis- criminating against minorities or women, or obligates the contractor to do the same, such implementation violates Ex- ecutive Order 11246,as amended.) c.The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5.Personnel Actions: Wages, working conditions, and - employee benefits shall be established and administered, and FR-4 RACQUET CLUB ROAD SIDEWALK PROJECT SPECIAL PROVISIONS CITY PROJECT NO. 02-09 FEDERAL REQUIREMENTS 4/17/03 SECTION 14-PAGE 4 7.Unions: If the contractor relies in whole or in part upon available at reasonable times and places for inspection by au- unions as a source of employees, the contractor will use his/her thorized representatives of the SHA and the FHWA. best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions, a.The records kept by the contractor shall document the and to effect referrals by such unions of minority and female following: employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the (1)The number of minority and non-minority group procedures set forth below: members and women employed in each work classification on the project; a.The contractor will use best efforts to develop, in coop- eration with the unions,joint training programs aimed toward (2)The progress and efforts being made in cooperation qualifying more minority group members and women for with unions, when applicable, to increase employment op- membership in the unions and increasing the skills of minority portunities for minorities and women; group employees and women so that they may quality for higher paying employment. (3)The progress and efforts being made in locating, hir- ing, training, qualifying, and upgrading minority and female b.The contractor will use best efforts to incorporate an EEO employees;and clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard (4)The progress and efforts being made in securing the to their race, color, religion, sex, national origin, age or services of DBE subcontractors or subcontractors with disability. meaningful minority and female representation among their employees. c.The contractor is to obtain information as to the referral practices and policies of the labor union except that to the ex- b.The contractors will submit an annual report to the SHA tent such information is within the exclusive possession of the each July for the duration of the project, indicating the number labor union and such labor union refuses to famish such of minority, women, and non-minority group employees information to the contractor, the contractor shall so certify to currently engaged in each work classification required by the the SHA and shall set forth what efforts have been made to contract work. This information is to be reported on Form obtain such information. FHWA-1391. If on-the-job training is being required by spe- cial provision, the contractor will be required to collect and d.In the event the union is unable to provide the contractor report training data. with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, III NONSEGREGATED FACILITIES the contractor will,through independent recruitment efforts,fill the employment vacancies without regard to race, color, (Applicable to all Federal-aid construction contracts and to all religion, sex, national origin, age or disability; making full related subcontracts of$1Q,000 or more.) efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no a.By submission of this bid,the execution of this contract or excuse that the union with which the contractor has a collective subcontract, or the consummation of this material supply bargaining agreement providing for exclusive referral failed to agreement or purchase order, as appropriate, the bidder, refer minority employees.) In the event the union referral prat- Federal-aid construction contractor, subcontractor, material tice prevents the contractor from meeting the obligations supplier, or vendor, as appropriate, certifies that the firm does pursuant to Executive Order 11246, as amended, and these not maintain or provide for its employees any segregated special provisions, such contractor shall immediately notify the facilities at any of its establishments, and that the firm does not SHA. permit its employees to perform their services at any location, 8.Selection of Subcontractors, Procurement of Materials under its control, where segregated facilities are maintained. and Leasing of Equipment:actor The contractor shall not The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further discriminate on the grounds of race, color, religion, sex,national certifies that no employee will be denied access to adequate origin, age or disability in the selection and retention of facilities on the basis of sex or disability. subcontractors, including procurement of materials and leases of equipment. b.As used in this certification, the term "segregated facili- a.The contractor shall notify all potential subcontractors and ties" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, suppliers of his/her EEO obligations under this contract locker rooms, and other storage or dressing areas,parking lots, drinking fountains, recreation or entertainment areas, b Disadvantaged business enterprises (DBE), as defined in transportation, and housing facilities provided for employees .Disadvanta g p d ) which are segregated by explicit directive, or are, in fact, seg- 49 CFR 26, shall have equal opportunity to compete for and regated on the basis of race,color,religion,national origin,age perform subcontracts which the contractor enters into pursuant or disability,because of habit, local custom, or otherwise. The to this contract. The contractor will use his best efforts to only exception will be for the disabled when the demands for solicit bids from and to utilize DBE subcontractors or sub- accessibility override(e.g.disabled parking), contractors with meaningful minority group and female repre- sentation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. Form 1273—Revised 3-95 c.The contractor will use his best efforts to ensure subcon- 08-07-95 tractor compliance with their EEO obligations. 9.Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be FR-5 RACQUET CLUB ROAD SIDEWALK PROJECT SPECIAL PROVISIONS CITY PROJECT NO.02-09 FEDERAL REQUIREMENTS 4/17/03 SECTION 14-PAGE 5 c.The contractor agrees that it has obtained or will obtain Z.Classification: identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of a.The SHA contracting officer shall require that any class of material supply agreements of$10,000 or more and that it will laborers or mechanics employed under the contract, which is retain such certifications in its files. not listed in the wage determination, shall be classified in IV. PAYMENT OF PREDETERMINED MINIMUM conformance with the wage determination. WAGE b.The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the (Applicable to all Federal-aid construction contracts exceeding following criteria have been met: $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, (1)the work to be performed by the additional classifi- which are exempt) cation requested is not performed by a classification in the wage determination; 1.General: (2)the additional classification is utilized in the area by a.All mechanics and laborers employed or working upon the the construction industry; site of the work will be paid unconditionally and not less often (3)the proposed wage rate, including any bona fide fringe than once a week and without subsequent deduction or rebate benefits, bears a reasonable relationship to the wage rates on any account [except such payroll deductions as are contained in the wage determination;and permitted by regulations(29 CFR 3)]issued by the Secretary of Labor under the Copeland Act (40 U.S.C.276c) the full (4)with respect to helpers, when such a classification amounts of wages and bona fide fringe benefits (or cash prevails in the area in which the work is performed. equivalents thereof)due at time of payment. The payment shall be computed at wage rates not Less than those contained in the c.If the contractor or subcontractors, as appropriate, the wage determination ) the Secretary ed Labor(hereinafter"the laborers and mechanics(if known)to be employed in the addi- wage ,redetgardless of which is attached hereto and made a part tional classification or their representatives,and the contracting hereof,regardless w any contractual relationship which maybe officer agree on the classification and wage rate(including the alleged to exist between the contractor e its subcontractors and amount designated for fringe benefits where appropriate), a such laborers and mechanics. The wage determination report of the action taken shall be sent by the contracting (including any additional classifications and wage rates officer to the DOL, Administrator of the Wage and Hour conformed under paragraph 2 of this Section IV and the DOL Division, Employment Standards Administration, Washington, poster(WH-1321) or Form FHWA-1495)shall be posted at all D.C. 20210. The Wage and Hour Administrator, or an times by the contractor and its subcontractors at the site of the authorized representative, will approve, modify, or disapprove work in a prominent and accessible place where it can be easily seen by the workers. For every additional classification action within 30 days of receipt ' the purpose of this Section, and so advise the contracting officer or will notify the contributions made costs reasonably anticipated for bona contracting officer within the 30-day period that additional time fide fringe benefits under Section 1(b)(2) of the Davis-Bacon is necessary. Act (40 U.S.C.276a) on behalf of]a orers or mechanics are considered wages paid to such Iaborers or mechanics,subject to d.In the event the contractor or subcontractors, as appro- the provisions of Section IV, paragraph 3b, hereof. Also, for priate, the laborers or mechanics to be employed in the addi- the purpose of this Section,regular contributions made or costs tionai classification or their representatives,and the contracting incurred for more than a weekly period(but not less often than officer do not agree on the proposed classification and wage quarterly) under plans, funds, or programs, which cover the rate(including the amount designated for fringe benefits,where particular weekly period, are deemed to be constructively made appropriate), the contracting officer shall refer the questions, or incurred during such weekly period. Such laborers and me- including the views of all interested parties and the chants shall be paid the appropriate wage rate and fringe recommendation of the contracting officer, to the Wage and benefits on the wage determination for the classification of Hour Administrator for determination. Said Administrator, or work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will b.Laborers or mechanics performing work in more than one notify the contracting officer within the 30-day period that classification may be compensated at the rate specified for each additional time is necessary classification for the time actually worked therein, provided, e.The wage rate (including fringe benefits where appropri- that the employer's payroll records accurately set forth the time ate) determined pursuant to paragraph 2c or 2d of this Sectionspent in each classification in which work is performed. IV shall be paid to all workers performing work in the addi- c.All rulings and interpretations of the Davis-Bacon Act and tional classification from the first day on which work is per- related acts contained in 29 CFR 1,3,and 5 are herein formed in the classification. incorporated by reference in this contract. 3.Payment of Fringe Benefits: a.Whenever the minimum wage rate prescribed in the con- tract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate,the contractor or subcontractors,as appropriate,shall either pay the benefit Fonn 1273—Revised 3-95 08-07-95 FR-6 RACQUET CLUB ROAD SIDEWALK PROJECT SPECIAL PROVISIONS CITY PROJECT NO. 02-09 FEDERAL REQUIREMENTS 4117/03 SECTION 14-PAGE 6 as stated in the wage determination or shall pay another bona (4)In the event the Bureau of Apprenticeship and Train- fide fringe benefit or an hourly case equivalent thereof ing, or a State apprenticeship agency recognized by the Bu- reau, withdraws approval of an apprenticeship program, the b.If the contractor or subcontractor, as appropriate, does not contractor or subcontractor will no longer be permitted to make payments to a trustee or other third person, he/she may utilize apprentices at less than the applicable predetermined consider as a part of the wages of any laborer or mechanic the rate for the comparable work performed by regular amount of any costs reasonably anticipated in providing bona employees until an acceptable program is approved. fide fringe benefits under a plan or program,provided,that the Secretary of Labor has found, upon the written request of the b.Trainees: contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the (1)Except as provided in 29 CFR 5.16, trainees will not contractor to set aside in a separate account assets for the be permitted to work at less than the predetermined rate for meeting of obligations under the plan or program. the work performed unless they are employed pursuant to and individually registered in a program which has received 4.Apprentices and Trainees(Programs of the U.S.DOL) prior approval, evidenced by formal certification by the and Helpers: DOL,Employment and Training Administration. a.Apprentices: (2)The ratio of trainees to journeyman-level employees on the job site shall not be greater than permitted under the plan (1)Apprentices will be permitted to work at less than the approved by the Employment and Training Administration. predetermined rate for the work they performed when they Any employee listed on the payroll at a trainee rate who is are employed pursuant to and individually registered in a not registered and participating in a training plan approved - bona fide apprenticeship program registered with the DOL, by the Employment and Training Administration shall be Employment and Training Administration, Bureau of paid not less than the applicable wage rate on the wage determination for the classification of work actually Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau,or if a person is employed Performed. In addition;any trainee performing work on the in his/her first 90 days of probationary employment as an Job site in excess of the ratio permitted under the registered apprentice in such an apprenticeship program, who is not program shall be paid not less than the applicable wage rate individually registered in the program, but who has been on the wage determination for the work actually performed. certified by the Bureau of Apprenticeship and Training or a (3)Every trainee must be paid at not less than the rate State apprenticeship agency (where appropriate) to be specified in the approved program for his/her level of eligible for probationary employment as an apprentice. progress, expressed as a percentage of the journeyman-level (2)The allowable ratio of apprentices to journeyman-level hourly rate specified in the applicable wage determination. employees on the job site in any craft classification shall not Trainees shall be paid fringe benefits in accordance with the provisions the trainee program. if the trainee program be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any does not mention tion fringe benefits, trainees shall be paid the employee listed on a payroll at an apprentice wage rate, who tu amount fringe benefits listed the wage is not registered or otherwise employed as stated above,shall determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship be paid not less than the applicable wage rate listed in the - wage determination for the classification of work actually program associated with the corresponding journeyman-level performed. In addition, any apprentice performing work on wage rate on the wage determination which provides for less the job site in excess of the ratio permitted under the than full fringe benefits for apprentices, in which case such registered program shall be paid not less than the applicable trainees shall receive the same fringe benefits as apprentices. wage rate on the wage determination for the work actually (4)In the event the Employment and Training Adminis- performed. Where a contractor or subcontractor is tration withdraws approval of a training program, the con- performing construction on a project in a locality other than tractor or subcontractor will no longer be permitted to utilize that in which its program is registered, the ratios and wage trainees at less than the applicable predetermined rate for the rates (expressed in percentages of the joumeyman-level work performed until an acceptable program is approved. hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. c.Helpers: (3)Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level Helpers will be permitted to work on a project ifthe helper classification is specified of progress, expressed as a percentage of the journeyman- and defined on the applicable wage detenaination or is approved pursuant to the con- level hourly rate specified in the applicable wage formance procedure set froth in Section IV.2. Any worker listed on a payroll at a determination. Apprentices shall be paid fringe benefits in helper wage ate,who is not a helper order an approved definition,shall be paid not accordance with the provisions of the apprenticeship pro- less than the applicable wage rate on the wage determination for the classification of gram. If the apprenticeship program does not specify fringe work actually performed. benefits, apprentices must be paid the full amount of fringe Form 1273—Revised 3-95 benefits listed on the wage determination for the applicable 08-07-95 classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. FR-7 RACQUET CLUB ROAD SIDEWALK PROJECT SPECIAL PROVISIONS CITY PROJECT NO. 02-09 FEDERAL REQUIREMENTS 4/17/03 SECTION 14-PAGE 7 5,Apprentices and Trainees(Programs of the U.S.DOT): satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause Apprentices and trainees working under apprenticeship and set forth in paragraph 8 above. skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal- V. STATEMENTS AND PAYROLLS aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time (Applicable to all Federal-aid construction contracts exceeding hourly wage rates for apprentices and trainees under such $2,000 and to all related subcontracts, except for projects located programs will be established by the particular programs. The on roadways classified as local roads or rural collectors,which are ratio of apprentices and trainees to journeymen shall not be exempt,) greater than permitted by the terms of the particular program. 1.Compliance with Copeland Regulations(29 CFR 3): 6.Withholding: The contractor shall comply with the Copeland Regulations of The SHA shall upon its own action or upon written request of the Secretary of Labor which are herein incorporated by refer- an authorized representative of the DOL withhold, or cause to be ence. withheld,from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or 2.Payrolls and Payroll Records: any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime a.Payrolls and basic records relating thereto shall be contractor, as much of the accrued payments or advances as may maintained by the contractor and each subcontractor during the be considered necessary to pay laborers and mechanics,including course of the work and preserved for a period of 3 years from apprentices, trainees, and helpers, employed by the contractor or the date of completion of the contract for all laborers, any subcontractor the full amount of wages required by the mechanics, apprentices, trainees, watchmen, helpers, and contract. In the event of failure to pay any laborer or mechanic, guards working at the site of the work. including any apprentice,trainee, or helper,employed or working on the site of the work, all or part of the wages required by the b.The payroll records shall contain the name,social security contract, the SHA contracting officer may, after written notice to number, and address of each such employee; his or her correct the contractor, take such action as may be necessary to cause the classification; hourly rates of wages paid (including rates of suspension of any further payment, advance, or guarantee of contributions or costs anticipated for bona fide fringe benefits funds until such violations have ceased. or cash equivalent thereof the types described in Section I(b)(2)(B) of the Davis Bacon Act); daily and weekly number 7.Overtime Requirements: - of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall No contractor or subcontractor contracting for any part of the contain a notation indicating whether the employee does, or contract work which may require or involve the employment of does not, normally reside in the labor area as defined in laborers, mechanics, watchmen, or guards(including apprentices, Attachment A,paragraph 1. Whenever the Secretary of Labor, trainees, and helpers described in paragraphs 4 and 5 above)shall pursuant to Section IV,paragraph 3b,has found that the wages require or permit any laborer, mechanic, watchman, or guard in of any laborer or mechanic include the amount of any costs any workweek in which he/she is employed on such work, to reasonably anticipated in providing benefits under a plan or work in excess of 40 hours in such workweek unless such laborer, program described in Section l(b)(2)(13) of the Davis Bacon mechanic,watchman,or guard receives compensation at a rate not Act, the contractor and each subcontractor shall maintain less than one-and-one-half times his/her basic rate of pay for all records which show that the commitment to provide such hours worked in excess of 40 hours in such workweek. benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated 8.Violation: in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing Liability for Unpaid Wages;Liquidated Damages: In the event benefits. Contractors or subcontractors employing apprentices of any violation of the clause set forth in paragraph 7 above, the or trainees under approved programs shall maintain written contractor and any subcontractor responsible thereof shall be evidence of the registration of apprentices acid trainees, and liable to the affected employee for his/her unpaid wages. In ratios and wage rates prescribed in the applicable programs. addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such I'om 1273—Revised 3-95 territory) for liquidated damages. Such liquidated damages shall 08-07-95 be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of$10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9.Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold,or cause to be withheld, from any moneys payable on account of work per- formed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be necessary to FR-8 RACQUET CLUB ROAD SIDEWALK PROJECT SPECIAL PROVISIONS CITY PROJECT NO.02-09 FEDERAL REQUIREMENTS 4/17/03 SECTION 14-PAGE 8 c.Each contractor avid subcontractor shall furnish,each week construction cost for roadway and bridge is less than $1,000,000 in which any contract work is performed, to the SHA resident (23 CPR 635)the contractor shall: engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in a.Become familiar with the list of specific materials and Section IV, paragraphs 4 and 5, and watchmen and guards en- supplies contained in Form FHWA-47, "Statement of Materials gaged on work during the preceding weekly payroll period). and Labor Used by Contractor of Highway Construction The payroll submitted shall set out accurately and completely Involving Federal Funds," prior to the commencement of work all of the information required to be maintained under para- under this contract. graph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH-347 is available for b.Maintain a record of the total cost of all materials and this purpose and may be purchased from the Superintendent of supplies purchased for and incorporated in the work, acid also Documents (Federal stock number 029-005-0014-1), U.S. of the quantities of those specific materials and supplies listed Government Printing Office, Washington, D.C. 20402. The on Form FHWA-47, and in the units shown on Form FHWA- prime contractor is responsible for the submission of copies of 47. payrolls by all subcontractors. c.Furnish, upon the completion of the contract, to the SI-IA d.Each payroll submitted shall be accompanied by a _ resident engineer on Form FHWA-47 together with the data "Statement of Compliance," signed by the contractor or sub- required in paragraph lb relative to materials and supplies, a contractor or his/her agent who pays or supervises the payment final labor summary of all contract work indicating the total of the persons employed under the contract and shall certify the hours worked and the total amount earned. following: 2.At the prime contractor's option, either a single report (1)that the payroll for the payroll period contains the covering all contract work or separate reports for the contractor information required to be maintained under paragraph 2b of and for each subcontract shall be submitted. this Section V and that such information is correct and complete; VII. SUBLETTING OR ASSIGNING THE CONTRACT (2)that such laborer or mechanic (including each helper, apprentice, and trainee)employed on the contract during the 1.The contractor shall perform with its own organization payroll period has been paid the full weekly wages earned, contract work amounting to not less than 30 percent(or a greater without rebate, either directly or indirectly, mud that no percentage if specified elsewhere in the contract) of the total deductions have been made either directly or indirectly from original contract price, excluding any specialty items designated the full wages earned, other than permissible deductions asby the State. Specialty items may be performed by subcontract set forth in the Regulations,29 CFR 3; and the amount of any such specialty items performed may be deducted from the total original contract price before computing (3)that each laborer or mechanic has been paid not less the amount of work required to be performed by the contractor's that the applicable wage rate and fringe benefits or cash own organization(23 CFR 635). equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated a."Its own organization" shall be construed to include only into the contract. workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with e.The weekly submission of a properly executed certifica- or without operators. Such term does not include employees or tion set forth on the reverse side of Optional Form WI-I-347 equipment of a subcontractor, assignee, or agent of the prime shall satisfy the requirement for submission of the "Statement contractor. of Compliance"required by paragraph 2d of this Section V. b."Specialty Items" shall be construed to be limited to work f.The falsification of any of the above certifications may that requires highly specialized knowledge, abilities, or subject the contractor to civil or criminal prosecution under 18 equipment not ordinarily available in the type of contracting U.S.C. 1001 and 31 U.S.C.231. organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of g.The contractor or subcontractor shall make the records re- the overall contract. quired under paragraph 2b of this Section V available for in- spection, copying, or transcription by authorized representa- tives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore,failure Form 1273—Revised 3-95 to submit the required records upon request or to make such 08-07-95 records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS,SUPPLIES,AND LABOR 1.On all Federal-aid contracts on the National Highway Sys- tem, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final FR-9 RACQUET CLUB ROAD SIDEWALK PROJECT SPECIAL PROVISIONS CITY PROJECT NO. 02-09 FEDERAL REQUIREMENTS 4/17/03 SECTION 14-PAGE 9 2.The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of NOTICE TO ALL PERSONNEL ENGAGED ON material and manufactured products which are to be purchased or FEDERAL-AID HIGHWAY PROJECTS produced by die contractor under the contract provisions. 18 U.S.C. 1020 reads as follows: 3.The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to "Whoever being an officer, agent, or employee of the United direct performance of the work in accordance with the contract States, or any State or Territory, or whoever, whether a person, requirements, and is in charge of all construction operations association, firm, or corporation, knowingly makes any false (regardless of who performs the work) and (b) such other of its statement,false representation, or false report as to the charac- own organizational resources (supervision, management, and ter, quality, quantity, or cost of the material used or to be used, engineering services)as the SHA contracting officer determines is or the quantity or quality of the work performed or to be per- necessary to assure the performance of the contract. formed, or the cost thereof in connection with the submission of 4.No portion of the contract shall be sublet, assigned or plans, maps, specifications, contracts, or costs of construction on P g any highway or related project submitted for approval to the otherwise disposed of except with the written consent of the SHA Secretary of Transportation; or contracting officer,or authorized representative,and such consent when given shall not be construed to relieve the contractor of any Whoever knowingly makes any false statement, false repre- responsibility for the fulfillment of the contract. Written consent sentation,false report or false claim with respect to the charac- will be given only after the SHA has assured that each subcontract ter, quality, quantity, or cost of any work performed or to be per- is evidenced in writing and that it contains all pertinent provisions formed, or materials furnished or to be furnished, in connection and requirements of the prime contract. with the construction of any highway or related project approved VIH. SAFETY:ACCIDENT PREVENTION by the Secretary of Transportation; or Whoever knowingly makes any false statement or false repre- L In the performance of this contract the contractor shall sentation as to material fact in any statement, certificate, or re- comply with all applicable Federal, State, and local laws gov- port submitted pursuant to provisions of the Federal-aid Roads ending safety, health, and sanitation (23 CFR 635). The con- Act approved July 1, 1916, (39 Star. 355), as amended and sup- tractor shall provide all safeguards, safety devices and protective plemented; equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably Shall be fined not more that$10,000 or imprisoned not more necessary to protect the life and health of employees on the job than 5 years or both." and the safety of the public and to protect property in connection with the performance of the work covered by the contract. X. IMPLEMENTATION OF CLEAN AIR ACT AND 2.It is a condition of this contract, and shall be made a con- FEDERAL WATER POLLUTION CONTROL ACT dition of each subcontract, which the contractor enters into pur- suant to this contract, that the contractor and any subcontractor (Applicable shall not permit any employee, in performance of the contract,to related subcontracts of$100,000 or more.) work in surroundings or under conditions which are unsanitary, By submission of this bid or the execution of this contract, or hazardous or dangerous to his/her health or safety, as determined subcontract, as appropriate, the bidder, Federal-aid construction under construction safety and health standards (29 CFR 1926)promulgated by the Secretary of Labor, in accordance with contractor, or subcontractor, as appropriate, will be deemed to Section 107 of the Contract Work Hours and Safety Standards have stipulated as follows: Act(40 U.S.C.333). 1.That any facility that is or will be utilized in the performance 3.Pursuant to 29 CFR 1926.3, it is a condition of this contract of this contract, unless such contract is exempt under the Clean that the Secretary of Labor or authorized representative thereof, Air Act,as amended(42 U.S.C. 1857 et seq.,as amended by Pub. shall have right of entry to any site of contract performance to L.91-604),and under the Federal Water Pollution Control Act,as inspect or investigate the matter of compliance with the amended(33 U.S.C. 1251 et seq.,as amended by Pub.L.92-500), construction safety and health standards and to carry out the Executive Order 11738, and regulations in implementation duties of the Secretary under Section 107 of the Contract Work thereof(40 CFR IS) is not listed, on the date of contract award, Hours and Safety Standards Act(40 U.S.C.333). on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. W. FALSE STATEMENTS CONCERNING HIGH- 2.That the firm agrees to comply and remain in compliance WAY PROJECTS with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all In order to assure high quality and durable construction in regulations and guidelines listed thereunder. conformity with approved plans and specifications and a high degree of reliability on statements and representations made by 3.That the firm shall promptly notify the SHA of die receipt of any communication engineers, contractors, suppliers, and workers on Federal-aid from die Director,Office of Federal Activities,EPA,indicating that a facility that is or highway projects, it is essential that all persons concerned with will be miliud the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or mis- representation with respect to any facts related to the project is a Form 1273—Revised 3-95 violation of Federal law. To prevent any misunderstanding re- 08-07-95 grading the seriousness of these and similar acts, the following notice shall be posted on each Federal-aid highway project (23 CFR 635)in one or more places where it is readily available to all persons concerned with the project: FR-10 RACQUET CLUB ROAD SIDEWALK PROJECT SPECIAL PROVISIONS CITY PROJECT NO.02-09 FEDERAL REQUIREMENTS 4/17/03 SECTION 14-PAGE 10 for the contract is under consideration to be listed on the EPA covered transactions. List of Violating Facilities. It.A participant in a covered transaction may rely upon a 4.That the firm agrees to include or cause to be included the certification of a prospective participant in a lower tier covered requirements of paragraph 1 through 4 of this Section X in every transaction that is not debarred, suspended, ineligible, or nonexempt subcontract, and further agrees to take such action as voluntarily excluded from the covered transaction, unless it the government may direct as a means of enforcing such re- knows that the certification is erroneous. A participant may quirements. decide the method and frequency by which it determines the el- igibility of its principals. Each participant may, but is not XI. CERTIFICATION REGARDING DEBARMENT, required to, check the nonprocurement portion of the "Lists of SUSPENSION,INELIGIBILITY AND VOLUNTARY Parties Excluded From Federal Procurement or Nonprocure- EXCLUSION ment Programs" (Nonprocurement List) which is compiled by the General Services Administration. 1.Instructions for Certification-Primary Covered i.Nothing contained in the foregoing shall be construed to Transactions: require establishment of a system of records in order to render in good faith the certification required by this clause. The (Applicable to all Federal-aid contracts-49 CFR 29) knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in a.By signing and submitting this proposal, the prospective the ordinary course of business dealings. primary participant is providing the certification set out below. j.Except for transactions authorized under paragraph f of b.The inability of a person to provide the certification set these instructions, if a participant in a covered transaction out below will not necessarily result in denial of participation knowingly enters into a lower tier covered transaction with a in this covered transaction. The prospective participant shall person who is suspended, debarred, ineligible, or voluntarily submit an explanation of why it cannot provide the certification excluded from participation in this transaction, in addition to set out below. The certification or explanation will be other remedies available to the Federal Government, the de- considered in connection with the department or agency's de- partment or agency may terminate this transaction for cause or termination whether to enter into this transaction. However, default. failure of the prospective primary participant to furnish a cer- tification or an explanation shall disqualify such a person from participation in this transaction. Certification Regarding Debarment, c.The certification in this clause is a material representation Suspension,Ineligibility and Voluntary of fact upon which reliance was placed when the department or Exclusion—Primary Covered Transactions agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly 1.The prospective primary participant certifies to the best of rendered an erroneous certification, in addition to other its knowledge and belief,that it and its principals: remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. a.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from d.The prospective primary participant shall provide im- covered transactions by any Federal department or agency; mediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary b.Have not within a 3-year period preceding this proposal participant learns that its certification was erroneous when been convicted of or had a civil judgment rendered against submitted or has become erroneous by reason of changed them for commission of fraud or a criminal offense in circumstances. connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or e.The terms 'covered transaction," "debarred," "suspended," contract under a public transaction; violation of Federal or "ineligible," "lower tier covered transaction," "participant," State antitrust statutes or commission of embezzlement, "person," "primary covered transaction," "principal,° theft,forgery,bribery,falsification or destruction of records, "proposal," and "voluntarily excluded," as used in this clause, making false statements,or receiving stolen property; have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You c.Are not presently indicted for or otherwise criminally or may contact the department or agency to which this proposal is civilly charged by a governmental entity (Federal, State or submitted for assistance in obtaining a copy of those local)with commission of any of the offenses enumerated in regulations. paragraph I of this certification;and f.The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be Fonn 1273—Revised 3-95 entered into, it shall not knowingly enter into any lower tier 08-07-95 covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency entering into this transaction. g.The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier FR-11 RACQUET CLUB ROAD SIDEWALK PROJECT SPECIAL PROVISIONS CITY PROJECT NO.02-09 FEDERAL REQUIREMENTS 4/17103 SECTION 14-PAGE 11 d.Have not within a 3-year period preceding this ap- the ordinary course of business dealings. plication/proposal had one or more public transactions (Federal, State or local)terminated for cause or default. L Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction 2.Where the prospective primary participant is unable to knowingly enters into a lower tier covered transaction with a certify to any of the statements in this certification, such person who is suspended, debarred, ineligible, or voluntarily prospective participant shall attach an explanation to this excluded from participation in this transaction, in addition to proposal. other remedies available to the Federal Government, the de- partment or agency with which this transaction originated may * * *** pursue available remedies, including suspension and/or debarment. 2.Instructions for Certification-Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other Certification Regarding Debarment, lower tier transactions of$25,000 or more-49 CFR 29) Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions a.By signing and submitting this proposal, the prospective 1.The prospective lower tier participant certifies, by lower tier is providing the certification set out below. submission of this proposal, that neither it nor its principals b.The certification in this clause is a material representation is presently debarred, suspended, proposed for debarment, of fact upon which reliance was placed when this transaction declared ineligible, or voluntarily excluded from par- was entered into. If it is later determined that the prospective agency. in this transaction by any Federal department or lower tier participant knowingly rendered an erroneous agency. certification, in addition to other remedies available to the 2.Where the prospective lower tier participant is unable to Federal Government,the department or agency with which this certify to any of the statements in this certification, such transaction originated may pursue available remedies,including prospective participant shall attach an explanation to this suspension and/or debarment. proposal. c.The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant XII. CERTIFICATION REGARDING USE OF learns that its certification was erroneous by reason of changed circumstances. CONTRACT FUNDS FOR LOBBYING d.The terms"covered transaction," "debarred,""suspended," (Applicable to all Federal-aid construction contracts and to all "ineligible," "primary covered transaction," "participant," related subcontracts which exceed$100,000-49 CFR 20) "person," "principal," "proposal," and 'voluntarily excluded," as used in this clause, have the meanings set out in the 1.The prospective participant certifies, by signing and Definitions and Coverage sections of rules implementing submitting this bid or proposal, to the best of his or her knowl- Executive Order 12549. You may contact the person to which edge and belief,that: this proposal is submitted for assistance in obtaining a copy of those regulations. a.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in- e.The prospective lower tier participant agrees by submitting fluencing or attempting to influence an officer or employee of any this proposal that, should the proposed covered transaction be Federal agency,a Member of Congress,an officer or employee of entered into, it shall not knowingly enter into any lower tier Congress,or an employee of a Member of Congress in connection covered transaction with a person who is debarred, suspended, with the awarding of any Federal contract, the making of any declared ineligible, or voluntarily excluded from participation Federal grant,the making of any Federal loan,the entering into of in this covered transaction,unless authorized by the department any cooperative agreement, and the extension, continuation, or agency with which this transaction originated. renewal, amendment, or modification of any Federal contract, grant,loan,or cooperative agreement. f.The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled b.If any funds other than Federal appropriated funds have been "Certification Regarding Debarment, Suspension, Ineligibility paid or will be paid to any person for influencing or attempting to and Voluntary Exclusion-Lower Tier Covered Transaction," influence an officer or employee of any Federal agency, a without modification, in all lower tier covered transactions and Member of Congress, an officer or employee of Congress, or an in all solicitations for lower tier covered transactions. employee of a Member of Congress in connection with this Federal contract, g.A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may rom 1273—Revised 3-95 decide the method and frequency by which it determines the el- W07-95 igibility of its principals. Each participant may, but is not required to,check the Nonprocurement List. h.Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in FR-I2 RACQUET CLUB ROAD SIDEWALK PROJECT SPECIAL PROVISIONS CITY PROJECT NO. 02-09 FEDERAL REQUIREMENTS 4/17/03 SECTION 14-PAGE 12 grant, loan, or cooperative agreement, the undersigned shall certification shall be subject to a civil penalty of not less than complete and submit Standard Form-LLL, 'Disclosure Form to $10,000 and not more than$100,000 for each such failure. Report Lobbying,"in accordance with its instructions. 3.The prospective participant also agrees by submitting his or 2.This certification is a material representation of fact upon her bid or proposal that he or she shall require that the language which reliance was placed when this transaction was made or en- of this certification be included in all lower tier subcontracts, tered into. Submission of this certification is a prerequisite for which exceed $100,000 and that all such recipients shall certify making or entering into this transaction imposed by 31 U.S.C. and disclose accordingly. 1352. Any person who fails to file the required FEDERAL-AID FEMALE AND MINORITY GOALS In accordance with Section II, 'Nondiscrimination," of 177 Sacramento,CA: "Required Contract Provisions Federal-aid Construction Contracts"the following are the goals for female utilization: SMSA Counties: 6920 Sacramento,CA.................................. 16.1 Goal for Women nationwide (percent) 6.9 CA Placer;CA Sacramento; (applies )..............(P ) ........ CA Yolo. The following are goals for minority utilization: Non-SMSA Counties........................................ 14.3 CA Butte;CA Colusa; CALIFORNIA ECONOMIC AREA CA El Dorado;CA Glenn; CA Nevada;CA Sierra; Goa] CA Sutter;CA Yuba. (Percent) 178 Stockton-Modesto,CA: 174 Redding,CA: SMSA Counties: Non-SMSA Counties ................................... 6.8 5170 Modesto,CA....................................... 12.3 CA Lassen;CA Modoc; CA Stanislaus. CA Plumas;CA Shasta; 8120 Stockton,CA,....................... .............. 24.3 CA Siskiyou;CA Tehama. CA San Joaquin, Non-SMSA Counties........................................ 19.8 175 Eureka,CA: CA Alpine;CA Amador; CA Calaveras;CA Mariposa; Non-SMSA Counties................................... 6.6 CA Merced;CA Tuolumne. CA Del Norte;CA Humboldt; CA Trinity, 179 Fresno-Bakersfield,CA: 176 San Francisco-Oakland-San Jose,CA: SMSA Counties: SMSA Counties: 0680 Bakersfield,CA................................... 19.1 7120 Salinas-Seaside- CA Kern. Monterey,CA........................................... 28.9 2840 Fresno,CA.......................................... 26.1 CA Monterey. CA Fresno. 7360 San Francisco-Oakland,CA................. 25.6 Non-SMSA Counties........................................ 23.6 CA Alameda;CA Contra Costa; CA Kings;CA Madera; CA Maria;CA San Francisco; CA Tulare. CA San Mateo. 180 Los Angeles,CA: 7400 San Jose,CA........................................ 19.6 CA Santa Clara. SMSA Counties: 7485 Santa Cruz,CA.................................... 14.9 0360 Anaheim-Santa Ana-Garden CA Santa Cruz. Grove,CA........................ ................... 11.9 7500 Santa Rosa,CA.................................... 9.1 CA Orange. CA Sonoma. 4480 Los Arigeles-Long 8720 Vallejo-Fairfield-Napa,CA................ 17.1 Beach,CA................................................. 28.3 CA Napa;CA Solano CA Los Angeles. 6000 Oxnard-Simi Valley- Non-SMSA Counties........................................ 23.2 Ventura,CA.............................................. 21.5 CA Lake;CA Mendocino; CA Ventura. CA San Benito. Form 1273—Revised 3-95 09-07-95 FR-13 RACQUET CLUB ROAD SIDEWALK PROJECT SPECIAL PROVISIONS CITY PROJECT NO, 02-09 FEDERAL REQUIREMENTS 4/17/03 SECTION 14-PAGE 13 6780 Riverside-San Bernardino- 181 San Diego,CA: Ontario,CA............................................... 19.0 CA Riverside; SMSA Counties CA San Bernardino. 7320 San Diego,CA.................................... 16.9 7480 Santa Barbara-Santa Maria- CA San Diego. Lompoc,CA.............................................. 19.7 Non-SMSA Counties........................................ 18.2 CA Santa Barbara. CA Imperial. Non-SMSA Counties........................................ 24.6 CA Inyo;CA Mono; CA San Luis Obispo. In addition to the reporting requirements set forth elsewhere in this contract the Contractor and subcontractors holding subcontracts, not including material suppliers,of$10,000 or more, shall submit for every month of July during which work is performed,employment data as contained under Form FHWA PR-1391 (Appendix C to 23 CFR, Part 230), and in accordance with the instructions included thereon. Form 1273—Revised 3-95 08-07-95 FR-14 RACQUET CLUB ROAD SIDEWALK PROJECT SPECIAL PROVISIONS CITY PROJECT NO.02.09 FEDERAL REQUIREMENTS 4/17103 SECTION 14-PAGE 14 CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING DEPARTMENT PART III - APPENDIX RACQUET CLUB ROAD SIDEWALK PROJECT FEDERAL PROJECT NO. STPL 5282 (022) CITY PROJECT NO. 02-09 Standard Drawings: - City of Palm Springs Std. Dwg. No. 201 - City of Palm Springs Std. Dwg. No. 210 - City of Palm Springs Std. Dwg. No. 212 - City of Palm Springs Std. Dwg. No. 212-A - City of Palm Springs Std. Dwg. No. 213 - City of Palm Springs Std. Dwg. No. 624 - City of Palm Springs Std. Dwg. No. 1102 Dust Control Sign Federal Prevailing Wages RACQUET CLUB ROAD SIDEWALK PROJECT CITY PROJECT NO.02-09 CONTENTS 4/17/03 PART III NO Nr VISIONS IAPPROVED DATE SEE C.P.S. STD. DWG. 200 'A" VARIES ►� AND STATE DIV. OF HWYS. r— 5-6' I/4' PER FT. STD. A-2-8. �- -- I" LIP SLOPE —► -4' A.C. PVMT R SECTION A-A I - �13 6. IT Ji;t 1 SHOWN THUS ON PLANT 4 ' X. K A K OF SIDEWALK do—.. ------- az C \ I I 1 I ' I Q : Ld w_ \\ Q Z \\ 1 Z CURB FACE I 1/ A� NOTES 1. ALL DRIVEWAYS SHALL BE 6' THICK PORTLAND CEMENT CONCRETE. 2. MIX DESIGN SHALL BE 560-C-3250 16 SACK). 3. WEAKENED-PLANE JOINTS SHALL BE INSTALLED AT BOTH SIDES OF ALL DRIVEWAYS AND AT APPROXIMATELY 10' (MAX.1 INTERVALS. 4. W/2 = A MINIMUM OF 5' ON RESIDENTIAL AND 12' ON ALL OTHERS. 5. X=4' WITH 6' CURBS AND 5' WITH 8' CURBS UNLESS OTHERWISE SHOWN ON PLANS. CITY OF PALM SPRINGS APP V D: DATE: DEPARTMENT OF PUBLIC WORKS 28931 CITY ENGINEER R.C.E. DRIVEWAY APPROACH DRAWN BY: M.V.H. I STANDARDS CHECKED BY: EA F DWG. NO 201 Z O P m ZONE C.B.D. - FACE OF CURB TO PROPERTY LINE ZONES R-2 THRU 8, C, AND M - S' Z ZONE R-1 - 5' m O A.C. PAVEMENT 4' MIN. SIDEWALK SLOPE = 1/4" 1' > z HILLSIDE STREETS 2 7. C m z m ro FOR FINISH SEE SECTION 4" C C. CONC. SHALL BE A MINIMUM TAN LB. 0 303-5.5 OF THE STD. SPECS. CONCRETE IN ACCORDANCE WITH THE STANDARD m CURB & GUTTER FOR PUBLIC WORK CONSTRUCTION SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SEE C.P.S. STD. DWG. 200 LATEST EDITION. LATEST EDITION (560-C-3250, 6 SACK). U] NOTES 1. FOR EXPANSION AND WEAKENED PLANE JOINTS SEE SECTION 303-5.4.2 AND 303-5.4.3 OF THE z STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, LATEST EDITION. THE SPACING FOR = o n y 1" DEEP WEAKENED PLANE JOINTS SHALL BE 10 FEET. SCORING SHALL BE DONE EVERY 5 FEET. cmi -0 2 > 2. ORNAMENTAL SIDEWALKS SHALL BE ALLOWED IF STRENGTH AND TEXTURE ARE EQUAL TO OR GREATER m 70 p m THAN THE PROVISIONS OF,THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, LATEST m o m m O EDITION AND ARE APPROVED BY THE PLANNING COMMISSION. -mt { Z rri �y 3. PALM CANYON DRIVE FROM TRAMWAY TO EAST CITY LIMITS - SIDEWALK FROM FACE OF CURB TO m N PROPERTY LINE. m 4. INDIAN CANYON DRIVE FROM CAMINO PAROCELA TO VIA ESCUELA - SIDEWALK FROM FACE OF CURB _ TO PROPERTY LINE. r �l �l mr 6' X 6' LANDING AREAS m 5. STREETS IN EXCESS OF 5 % SLOPE, WITH SIDEWALKS, SHALL HAVE MIN. z 0 ,• EVERY 400' WITH A MAXIMUM 2% SLOPE BEHIND THE SIDEWALK. y 6. A MINIMUM 48" CLEAR PATH OF TRAVEL SHALL BE PROVIDED AT ALL OBSTRUCTIONS. c _0 chi m m Qi 7. MODIFICATIONS BASED ON SITE-SPECIFIC CONDITIONS SHALL BE REVIEWED BY THE DEVELOPMENT A O z z o z COMMITTEE. m o � m 8. SEE ALSO BIKEWAY REQUIREMENTS. � 9. FOR ZONING SEE THE OFFICIAL ZONING MAP OF THE CITY OF PALM SPRINGS. z O ZO ~ Ln m NO. REVISIONS APPROVED DATE BACK OF EXISTING SIDEWALK 1 APPROX. 3/4" VARIABLE HEIGHT RETAINING � I 4_7 _ CURB IF NECESSARY AT EDGE I 1 4 OF SIDEWALK (NOT NECESSARY T} WHERE EXISTING WALL IS / I I ". •?. '^'.: ." ._'i ADJACENT TO EDGE OF SIDEWALK 1/4" ;'•�f ,' _ :•_. GROOVING DETAIL 6" �k \ SEE NOTE N0.1 OF DWG. N0. 212-A PROVIDE EXPANSION JOINT WHERE EDGE OF RAMP IS '`� / EXIST. CURB AND GUTTER ADJACENT TO WALL (OR MONOIJTHIC_CROSS-GUTTER) 4' OVERCUT 15/�" 0.45" o o00 o 0 0 -- EMSIDEWALPI•CC`.C1 O O O O TRUNCATED DOME' REQUIRED IF RAISED TRUNCATED RAMP SLOPE IS LESS THAN 6.67% _ - \ DOME PATTERN i 10% MAX. T — — AT CURB (TYP) - — TOP OF VARIABLE HEIGHT RETAINING CURB RI(IF NECESSARY) EXIST, PCC SIDEWALK SECTION A-A VARIABLE HEIGHT RETAINING pL TOP ROUNDED CURB, IF NECESSARY O OF RAMP (ROUNDED) EAST. PCC SIDEWALK fY OF aiaoCES __ EXIST. PCC CURB AND —11 OTTER OR IAON(XJTHIC 2%MAX—� $33 x. ) 77�� �M� I POD ma (�65 MIN. } . . ..•: •• .�• �.. = ._THICKNESS) SECTION B-B 4. OVERCUT NOTES: I. P.C. CONIC. 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:ATE: ENGINEERING DEPARTMENT l`�� ml CITY ENGINEER R.C.E. CURB RAMP DETAIL - TYPE A DRAWN BY: G.F.F. FILE NO. STANDARD CHECKED BY: M.V.H. DWG. NO. 212 NO. REVISIONS APPROVED I DATE GENERAL NOTES 1. IF DISTANCE FROM CURB TO BACK OF SIDEWALK IS TOO SHORT TO ACCOMMODATE RAMP AND 4' PLATFORM, THE SIDEWALK MAY BE DEPRESSED LONGITUDINALLY. 2. IF SIDEWALK IS LESS THAN 6' WIDE, THE FILL WIDTH OF THE SIDEWALK SHALL BE DEPRESSED AS SHOWN ON DRAWING NO. 213. 3. RAMPS SHALL HAVE A 12-INCH WIDE BORDER WITH 1/4-INCH GROOVES APPROXIMATELY 3/4-INCH ON CENTERS. (SEE GROOVING DETAIL) 4. CURB RAMPS THAT HAVE A RAMP SLOPE FLATTER THAN 6.67% SHALL HAVE A DETECTABLE WARNING SURFACE (RAISED TRUNCATED DOMES) THAT EXTENDS THE FULL WIDTH OF THE RAMP AND 2' MINIMUM LENGTH. DETECTABLE WARNING SURFACES, AT THE OPTION OF THE CONTRACTOR, CONTRACTOR, SHALL BE CONSTRUCTED BY CAST-IN-PLACE OR STAMPED METHOD, OR CONSIST PREFABRICATED SURFACE 5. WHEN DETECTABLE WARNING SURFACE IS NOT REQUIRED ON A CURB RAMP, THE CONCRETE FINISH OF THE RAMP AND ITS FLARED SIDES SHALL HAVE A TRANSVERSE BROOMED SURFACE TEXTURE ROUGHER THAN THE SURROUNDING SIDEWALK. 6. TRANSITION FROM RAMPS TO WALKS, GUTTERS, OR STREETS,.SHALL-..BE-FLUSH AND FREE OF ABRUPT CHANGES. 7. RAMPS IN CURB RETURNS SHALL BE LOCATED IN THE CENTER OF THE CURB RETURN, UNLESS OTHERWISE DIRECTED BY THE CITY ENGINEER. 8. RAMP SIDE SLOPE VARIES UNIFORMLY FROM A MAXIMUM OF 10% AT CURB TO CONFORM WITH LONGITUDINAL SIDEWALK SLOPE ADJACENT TO TOP OF THE RAMP, EXCEPT TYPE B (DWG. NO.). 9. EXISTING CURB FACE HEIGHTS,- SIDEWALK AND GUTTER SLOPES AND DIMENSIONS WILL VARY FROM LOCATION TO LOCATION. EXISTING PARAMETERS AND MAXIMUM RAMP SLOPES SHALL CONTROL FINAL HORIZONTAL DIMENSIONS. 10. RAMPS SHALL BE MARKED IN THE FIELD BY THE CONTRACTOR AND APPROVED BY THE CITY ENGINEER PRIOR TO SAW CUTTING. 11. THE CONTRACTOR SHALL COORDINATE THE WORK WITH AFFECTED UTILITY AGENCIES OR OTHER PUBLIC AGENCIES TO RELOCATE ANY INTERFERING UTILITY PULL BOXES, MANHOLES, VAULTS OR UNDERGROUND LIVE OR ABANDONED LINES. 12. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY DAMAGE CAUSED BY HIM TO EXISTING UTILITIES OR IRRIGATION LINES. 13. THE DETAILS SHOWN IN STD. DWG. NO. 212 ARE BASED UPON CONSTRUCTION WHERE A LEVEL CURB GRADE 'SITUATION' EXISTS. WHERE STREET GRADES SLOPE, STRICT ADHERENCE TO THE MAXIMUM SIDE FLARE SLOPE OF 10 PERCENT MAY NOT BE POSSIBLE TO ACHIEVE. IN SUCH CASES, THE SIDE FLARES WILL BE PERMITTED TO VARY DEPENDING UPON CURB GRADE. THE FOLLOWING TABLE LISTS THE APPROXIMATE SIDE FLARE DIMENSIONS CORRESPONDING TO INCREASING CURB GRADES (FOR 6-INCH AND 8-INCH CURB HEIGHTS) IN ADHERENCE TO A.D.A. MAXIMUM ALLOWABLE SLOPES. SIDE FLARES 1N EXCESS OF 20 FEET WILL NOT BE REQUIRED. 6-INCH CURBS 8-INCH CURBS CURB GRADE DOWNHILL SIDE UPHILL SIDE 'DOWNHILL SIDE UPHILL SIDE 0 (LEVEL) 4.0 FT. 4.0 FT. 5.0 FT. 5.0 FT. 2 PERCENT 4.0 FT. 4.4 FT. 5.0 FT. 6.0 FT. 4 PERCENT 4.0 FT. 5.4 FT. 4.0 FT. 7.4 FT. 6 PERCENT 4.0 FT. 7.1 FT. 4.0 FT. 9.6 FT. 8 PERCENT 4.0 FT. 10.2 FT. 4.0 FT. 13.9 FT. 10 PERCENT 4.0 FT. 18.3 FT. 4.0 FT. 20.0 FT. 12 PERCENT 4.0 FT. 20.2 FT. 4.0 FT. 20.0 FT. CITY OF PALM SPRINGS APPROVED: DATE: W ENGINEERING DEPARTMENT 28931 CITY ENGINEER R.C.E. CURB RAMP - GENERAL NOTES DRAWN BY: G.F.F. FILE NO. STANDARDS CHECKED BY: M.V.H DWG. No. 212-A NO. REVISIONS APPROVED DATE TRUNCATED DOMES REQUIRED IF RAMP VARIABLE HEIGHT SLOPE IS LESS THAN 6.67% (FULL WIOTH RETAINING CURB, IF OF RAMP AND 2' MINIMUM LENGTH) 5 — NECESSARY AT EDGE OF B SIDEWALK x I - 12" (TIP.) EXISTING P.C.C. SIDEWALK 8.33x MAXI(TIP.) I SEE NOTE NO,3 OF STD. DWG. 212A A A EXIST. CURB AND GUTTER FACE OF CURB (Oft MONOLITHIC CROSS-GUTTER) 4' OVERCUT B ---.-I I+—APPROX 3/4' EXISTING Xj CROSSW'J( V ..r .. ,11/4 EXIST. PCC SIDEWALK \\ GROOVING DETAIL J TOP OF IJ: HEIGHT RETAINING CURDURB (I(IF NECESSARY) 1 6/6� 0.45' o .. .: I ••" 8,33% MAX' F� O O O SECTION A-A EXIST. PCC CURB AND FL EXIST. PCC SIDEWALK GUTTER (OR MONOLITHIC RAISED TRUNCATED w CROSSGUTTER) - -- - DOME PATTERN -T-� L 2[ MAX. — 4",OVERCU �T Imo- MATCH EXIST. PCC VARIABLE HEIGHT RETAINING GUTTER (6" MIN. CURB, IF NECESSARY SECTION B-B THICKNESS) NOTE: 1. SEE C.P.S. STD. OWG. 212-A FOR GENERAL NOTES 2. P.C. CONCRETE SHALL BE MINIMUM 560-C-3250 CONCRETE IN ACCORDANCE PATH THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, 20GO EDIDON (6 SACK). N.T.S. CITY OF PALM SPRINGS APPROVED: -/� // DATE: Sh ENGINEERING DEPARTMENT i`*� 8931 CITY ENGINEER R.C.E. CURB RAMP DETAIL - TYPE B DRAWN BY: G.F.F. FILE N0. STANDARDS CHECKED BY. M.V.H. I DWG. N0. 213 NO. REVISIONS APPROVED DATE REGULATORY, WARNING OR GUIDE SIGN .OBD GAUGE ALUM. SIGN WITH HI-INTENSITY LETTERS \ AND BACKGROUND COVERED J WITH 3M 1150 GRAFFITI- PROOF OVERLAY / / SIGNS SHALL BE ATTACHED TO \ POST UTILIZING TWO UNISTR UT DRIVE RIVETS N0. iL 3806. BG' z 0 m 90 2" X 2" X 12 GAUGE TELESPAR o POST OF SUFFICIENT LENGTH TO y� EXTEND FROM TOP OF SIGN TO — 7" INTO SLEEVE AND STILL a 4 PROVIDE 7' OF CLEARANCE. Y 0 J K Q 3 az w 24" mg 4 0 IF S/W o v < 5' o 4 Y U m 72" PLAN VIEW IF S/W 5' EXIST. F.S FACE OF CURB 2% SEE DETAIL \ BELOW n 90% FRONT ELEVATION FACE OF 2-I/4" x 2-I/4" x 30" (12 GAUGE) 2-1/4" SIGN TELESPAR SLEEVE PER POLE 3-4" ABOVE THE EXISTING SURFACE. 0 EXISTING GROUND o O n 90% 08% O POST INSTALLATION DETAIL SIDE ELEVATION CITY OF PALM SPRINGS APPROVED: �n/ID DATE: DEPARTMENT OF TRANSPORTATION �7 2 931 CITY ENGINEER R.C.E. DRAWN BY: R.B.J. FILE ' STANDARDS SIGN INSTALLATION CHECKED BY: E.R.F DWG. NO. 624 NO. REVISIONS APPROVED DATE JUNCTION BOX TOP WITH BRASS BOLTS AND LIFT RINGS MARKED "STREET LIGHTING" 1 4 1' SLOPE SIDEWALK • ' • ;:.; '•t i CURB AND GUTTER BROOKS NO. 3-1/2 _ BOX B" pp 6" 'r ',:••, _o,; '--n. •. -( ; `"• \ / r STREET CROSSING CONDUIT 0 .• • PEA GRAVEL BASE PULL BOX DETAIL-SECTION VIEW 4" TOP OF CURB JUNCTION BOX JUNCTION BOX I -_--__-_ o I STREET CROSSING I ZO CONDUIT - - U PEA GRAVEL BASE PEA GRAVEL CURB VIEW 1-142"GALVANIZED RIGID CONDUIT (TYPICAL) TOP VIEW APP.C.C.RES.NO. 11222 DATED 10 -16 -T4. CITY OF PALM SPRINGS APPROVED: DATE.Lb k/E-` DEPARTMENT OF COMMUNITY DEVELOPMENT CIZ ENGINE R R.C.E. PULL BOX FOR DRAWN BY- B.S.N. FILE N0. STANDARDS STREET SAFETY LIGHTING CHECKED BY: L.M.H. DWG. N0. 1102 Project Name : RACQUET CLUB ROAD SIDEWALK PROJECT Contractor : ________— City Project No . 02 - 09 TO REPORT FLOWING DUST FROM THIS PROJECT , CALF . ( XXX ) xxx - xxxx If you do not get a response within one hour, please call: 8:00 a.m. - 5:00 p.m. Monday through Friday (760) 323-8253 - Palm Springs Public Works and Engineering Department After hours of weekends (760) 323-8115 - Palm Springs Police Department Or call A.Q.M.D. 1-800-288-7664 WAIS Document Retrieval Page 1 of 20 GENERAL DECISION CA020036 03/07/2003 CA36 Date: March 7, 2003 General Decision Number CA026036 Superseded General Decision No. CA010036 State: California Construction Type: BUILDING DREDGING HEAVY HIGHWAY County(ies) : RIVERSIDE BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work) ; HEAVY CONSTRUCTION PROJECTS (does not include water well drilling) ; HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 03/01/2002 1 03/08/2002 2 03/22/2002 3 03/29/2002 4 05/10/2002 5 05/17/2002 6 05/24/2002 7 06/07/2002 8 06/21/2002 9 07/05/2002 10 07/19/2002 11 08/02/2002 12 08/09/2002 13 OB/23/2002 14 09/06/2002 15 09/20/2002 16 10/04/2002 17 10/25/2002 18 11/08/2002 19 12/13/2002 20 01/03/2003 21 01/17/2003 22 03/07/2003 COUNTY(ies) : RIVERSIDE ASBED005B 08/05/2002 Rates Fringes Includes the application of all insulating materials, protective coverings, coatings, and finishings to all types of mechanical systems INSULATOR/ASBESTOS WORKER 33.06 8. 11 http://frwebgate.access.gpo.gov/cgi-biii/getdoe.egi?dbname=Davis-Bacon&docid=CA020... 4/17/2003 WAIS Document Retrieval Page 2 of 20 ---------------------------------------------------------------- * ASBE0005D 01/01/2003 Rates Fringes Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechnical systems, wheather they contain asbestos or not: HAZARDOUS MATERIAL HANDLER 15.75 2.55 ------------------------------------------------------------- BOIL0092F 10/01/2002 Rates Fringes BOILERMAKER 31. 96 13.30 ---------------------------------------------------------------- BRCA0004U 05/01/2002 Rates Fringes BRICKLAYER; MARBLE MASON 28 .22 6.20 ------------------------------------------------------------ 13RCA0018G 06/01/2002 Rates Fringes TILE LAYERS 26.50 7. 45 TILE FINISHERS 16. 65 2. 91 MARBLE FINISHER 19. 90 3.56 ---------------------------------------------------------------- 13RCA0018K 12/01/2000 Rates Fringes TERRAZZO WORKER 26.78 5.34 TERRAZZO FINISHER 20. 53 5.34 ---------------------------------------------------------------- CARP0002B 07/01/2001 Rates Fringes DIVERS: Diver, wet 486.08 per day 5. 61 Diver, stand-by 243.04 per day 5. 61 Diver tender 235.04 per day 5. 61 ---------------------------------------------------------------- CARP0002Q 07/01/2002 Rates Fringes Work on wood framed construction of single family residences, apartments or condominiums under 4 stories DRYWALL INSTALLERS 19.00 5. 18 DRYWALL STOCKER/SCRAPPER 10. 00 4.6B All other work DRYWALL INSTALLERS 29.00 6. 68 DRYWALL STOCKER/SCRAPPER 10.00 4 .68 ---------------------------------------------------------------- lnln-//fnv, -iP ,P--« ano anv/c.gi-bin/getdoe.egi?dbname=Davis-Bacon&docid=CA020... 4/17/2003 WAIS Document Retrieval Page 3 of 20 CARP0003E 07/01/2002 Rates Fringes Work on wood frame, tilt up or concrete block construction including but not limited to: shopping centers, stores, office buildings, fast food establishments, also including curb, gutter and sidewalks where the total cost of the project does not exceed seven and one-half million ($7,500,000.00) dollars. CARPENTERS: Carpenter, cabinet installer, insulation installer, floor worker and acoustical installer 22.75 6.28 _ Shingler 22.88 6.28 Roof loader of shingles 15.42 6.2B Saw filer 22.83 6.28 Table power saw operator 22. 85 6.28 Pneumatic nailer or power stapler 23. 00 6.28 Fence builder 20.30 6.28 Millwright 23.25 6.28 Pile driver; Derrick barge; Bridge or dock carpenter; Cable splicer; Heavy framer; Rockslinger 22.88 6,28 Head rockslinger 22. 98 6.28 Rock barge or scow 22.78 6.28 Scaffold builder 17. 00 6.28 All other work: Carpenter, cabinet installer, insulation installer, floor worker and acoustical installer 29.00 6. 68 Shingler 29. 13 6. 68 Roof loader of shingles 20.77 6. 68 Saw filer 29. 08 6. 68 Table power saw operator 29. 10 6. 68 Pneumatic nailer or power stapler 29.25 6. 68 Fence builder 24 .79 6. 68 Millwright 29.50 6. 68 Pile driver; Derrick barge; Bridge or dock carpenter; Cable splicer; Heavy framer; Rockslinger 29. 13 6. 68 Rockslinger 29. 13 6.68 Rock barge or scow 29.03 6. 68 Scaffold builder 23.20 6. 68 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Seams driven or placed in pre-drilled http://frwebgate.access.gpo.gov/cgi-bin/getdoc.egi?dbname=Davis-Bacon&docid=CA020... 4/17/2003 WAIS Document Retrieval Page 4 of 20 holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers) : $0.13 per hour additional. ---------------------------------------------------------------- CAR20003H 08/01/2002 Rates Fringes MODULAR FURNITURE INSTALLER 14. 00 5.16 FULL WALL TECHNICIAN 20. 14 5. 16 MOBILE FILING SYSTEM INSTALLERS 13. 10 4.66 ---------------------------------------------------------------- ELECO011C 12/01/2001 Rates Fringes COMMUNICATIONS AND SYSTEMS WORK: Installer 22. 13 3% + 4.40 Technician 23. 93 3% + 4 .40 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. Does not cover work performed at China Lake Naval Ordnance Test Station. Fire alarm work shall be performed at the current inside wireman total cost package. ---------------------------------------------------------- ELECO440A 12/02/2002 Rates Fringes ELECTRICIAN 29.23 3%+9. 66 CABLE SPLICER 29.73 3%+9. 66 ZONE PAY: Zone A: Free travel zone for all contractors performing work in Zone A. Zone B:Any work performed in Zone (B) shall add $8 .00 per hour to the current wage scale. Zone (B) shall be the area from the eastern perimeter of Zone (A) to a line which runs north and south begininng at Little Morongo Canyon (San Bernardino/Riverside County Line) , Southeast along the Coachella Tunnels, Colorado River Aqueduct and Mecca Tunnels to Pinkham Wash the South to Box Canyon Road, then southwest along Box httrr//frw-'- ^t- - gno vov/pai-bin/uetdoc.c¢i?dbname=Davis-Bacon&docid=CA020... 4/17/2003 WAIS Document Retrieval Page 5 of 20 Canyon Road to Highway 195 west onto 195 south to Highway 86 to Riverside/Imperial County Line. ---------------------------------------------------------------- ELEC1245C 06/01/2002 Rates Fringes LINE CONSTRUCTION: Lineman; Cable splicer 33.16 4. 5%+7.08 Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below) , and overhead and underground distribution line equipment) 28 . 19 4.5%+6.80 Groundman 21,56 4 .5%+6.80 Powderman 31.51 4.5%+6. 84 ---------------------------------------------------------------- ELEV0018A 09/15/2001 Rates Fringes ELEVATOR MECHANIC 33. 695 7. 455 FOOTNOTE: Vacation Pay: 8% with 5 or more years of service, 6% for 6 months to 5 years service. Paid Holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Friday after, and Christmas Day. -----'----------------------------------------------------------- ENGI0012C 07/01/2002 Rates Fringes POWER EQUIPMENT OPERATORS: GROUP 1 27.85 11. 85 GROUP 2 28. 63 11.85 GROUP 3 28. 92 11, 85 GROUP 4 30.21 11.85 GROUP 5 30.43 11. 85 GROUP 6 30. 54 11.85 GROUP 7 30. 66 11.85 GROUP 8 30. 83 11. 85 GROUP 9 30. 93 11.85 GROUP 10 30. 96 11. 85 GROUP 11 31. 04 11.85 GROUP 12 31. 16 11. 85 GROUP 13 31.33 11. 85 GROUP 14 31. 43 11.85 GROUP 15 31.54 11. 85 GROUP 16 31. 66 11. 85 GROUP 17 31. 83 11.85 GROUP 18 31. 93 11. 85 GROUP 19 32. 04 11.85 GROUP 20 32. 16 11. 85 GROUP 21 32.33 11. 85 CRANES, PILEDRIVING & HOISTING EQUIPMENT: GROUP 1 29.00 11. 85 GROUP 2 29. 78 11.85 GROUP 3 30. 07 11.85 littp://frwebgate.access.gpo.gov/cgi-bin/getdoe.cgi?dbname=Davis-Bacon&docid-CA020... 4/17/2003 WAIS Document Retrieval Page 6 of 20 GROUP 4 30.21 11.85 GROUP 5 30. 43 11.35 GROUP 6 30. 54 11.85 GROUP 7 30. 66 11.35 GROUP 8 30.83 11.85 GROUP 9 31.00 11.85 GROUP 10 32. 00 11.85 GROUP 11 33.00 11.85 GROUP 12 34.00 11.85 GROUP 13 35.00 11.80 , TUNNEL WORK: GROUP 1 30.2B 11.85 GROUP 2 30.57 11.85 GROUP 3 30.71 11.85 GROUP 4 30. 93 11.85 GROUP 5 31.04 11.05 GROUP 6 31. 16 11.85 GROUP 7 31. 46 11.85 FOOTNOTES: Workers required to suit up and work in a hazardous material environment: $1.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator-inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt-rubber plant operator (nurse tank operator) ; Concrete mixer operator-skip type; Conveyor operator; Fireman; Forklift operator (includes Toed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant) ; Petromat laydown machine; PJU side dum jack; Screening and conveyor machine oeprator (or similar types) ; Skiploader (wheel type up to 3/4 yd. without attachment) ; Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt-rubber blend operator; Bobcat or similar type (side steer) ; Equipment greaser (rack) ; Ford Ferguson (with dragtype attachments) ; Helicopter radioman (ground) ; Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type) ; Boring machine operator; Boxman or mixerman (asphalt or concrete) ; Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable) ; Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum) ; Equipment greaser (grease truck) ; Guard rail post driver operator; Highline cableway signalman; Horizontal Directional Drilling Machine; Hydra-hammer-aero stomper; Micro Tunneling (above ground tunnel) ; Power concrete curing machine operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Roller operator (compacting) ; Screed operator (asphalt httrr//frw-h ^t- - ono onv/cgi-bin/uetdoc.evi?dbname=Davis-Bacon&docid=CA020... 4/17/2003 WAIS Docmnent Retrieval Page 7 of 20 or concrete) ; Trenching machine operator (up to 6 ft. ) ; Vacuum or much truck GROUP 5: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type) ; Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type) ; Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum) ; Drilling machine operator (including water wells) ; Hydrographic seeder machine operator (straw, pulp or seed) , Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt) ; Mechanical finisher operator (concrete, Clary-Johnson-Bidwell or similar) ; Micro tunnel system (below ground) ; Pavement breaker operator (truck mounted) ; Road oil mixing machine operator; Roller operator (asphalt or finish) , rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck) ; Self-propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-112 yds. ) ; Slip form pump operator (power driven hydraulic lifting device for concrete forms) ; Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types) ; Tugger hoist operator (1 drum) ; Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 6: Asphalt or concrete spreading operator (tamping or finishing) ; Asphalt paving machine operator (Barber Greene or similar type) ; Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd. ) , small ford, Case or similar; Cast-in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work) ; Compactor operator (self-propelled) ; Concrete mixer operator (paving) ; Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, B00 auger or similar types - drilling depth of 60' maximum) ; Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics , operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Be Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types) ; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type) ; Pumperete gun operator; Rotary drill operator (excluding caisson type) ; Rubber-tired earth-moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds, up to and including 50 cu. yds. struck) ; Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck) ; Rubber-tired scraper operator (self-loading paddle wheel type-John Deere, 1040 and similar single unit) ; Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds. ) ; Soil remediation plant operator; - http://frwebgate.access.gpo.gov/cgi-bin/getdoe.cgi?dbnaine=Davis-Bacon&docid=CA020... 4/17/2003 WAIS Document Retrieval Page 8 of 20 Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p, and over, or similar-bulldozer, tamper, scraper and push tractor single engine) ; Tractor operator (boom attachments) , Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating) ; Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 7 : Drilling machine operator, Bucket or auger types (Calweld 200 B bucket or similar types-Watson 3000 or 5000 auger or similar types-Texoma 900 auger or similar types-drilling depth of 105' maximum) ; Dual drum mixer, dynamic compactor LDC350 (or similar types) ; Monorail locomotive operator (diesel, gas or electric) ; Motor patrol-blade operator (single engine) ; Multiple engine tractor operator (Euclid and similar type-except Quad 9 cat. ) ; Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck) ; Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck) ; Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck) , Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds. ) ; Woods mixer operator (and similar Pugmill equipment) - GROUP 8 : Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum) ; Hoe ram or similar with compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine) ; Pipe mobile machine operator; Rubber-tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) ; Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units) GROUP 9: Rubber-tired earth-moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 10: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1. 00 per hour additional) ; Wheel excavator operator (over 750 cu. yds. ) GROUP 11: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine-up to and including 25 yds. struck) GROUP 12: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, httn://frwebgate.access.gpo.gov/cgi-bin/getdoe.egi?dbname=Davis-Bacon&docid=CA020... 4/17/2003 WAIS Document Retrieval Page 9 of 20 over 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating equipment- with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 13: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds, struck) ; Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 14: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 15: Rotex concrete belt operator (or similar types) ; Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck) ; Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 16: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 18: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 19: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) http://fi-webgate.access.gpo.gov/cgi-bin/getdoc.egi?dbname=Davis-Bacon&doeid=CA020... 4/17/2003 WAIS Document Retrieval Page 10 of 20 GROUP 21: Concrete pump operator-truck mounted; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2: Truck crane oiler GROUP 3: A-frame or winch truck operator; Ross carrier operator (jobsite) - GROUP 4: Bridge-type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western or similar type) ; Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Crater crane operator; Hoist operator (Chicago boom and similar type) ; Lift mobile operator; Lift slab machine operator (Vagtborg and similar types) ; Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type) ; Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc) ; Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc) ; Tower crane repair; Tugger hoist operator (3 drum) GROUP 8 : Crane operator (up to and including 25 ton capacity) ; Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity) ; Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity) ; Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds. , M.R.C. ) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc) ; Derrick barge operator (over 25 tons up to and including 50 tons mrc) ; Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc) ; K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc) ; Derrick barge operator (over 50 tons up to and including 100 tons mrc) ; Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc) , Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C. ) ; Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc) ; Derrick barge operator (over 100 tons up to and including 200 tons mrc) ; Hoist operator, stiff legs, Guy derrick littp://frwebgate.access.gpo.gov/cgi-bin/getdoe.egi?dbnatne=Davis-Bacon&docid=CA020... 4/17/2003 07/22/03 09: 16am P. 002 ACQRA CERTIFICA E OF LIABILITY INSURANCE Dpre(MMIDDmYYI 07/14/2003 PRODUCER (7s0?241-7900 1 (bb Ol2d 1-1ae7 THIS CERTIFIC, IS ISSUED AS A MATTER OFINFORMATION ARNnC lnsu ranee Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 17 17 7 Yuma Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Victorville, CA 92392-5886 Rimberly Clever _ INSURERS AFFORDING COVERAGE NAIG Pp NsuRED Javier Cardenas INSURPRA RLI Insurance Company DBA: J . Cardenas Con st ructi{hIn InISLIRgR& Mercury Casnalt:y Company 11908 14221 Whispering Sands 0rivi IASUR9R C, V'ir-torville, CA 9239Z INSURER D. NSURER E COVERAGES THE POf ICIES OF INSURANCE I ISTIED BELOW HAVE BEEN ISSUED TO T14E INSURED NAMED A130VE FOR THE POI ICY PERIOD INDICATED NOTWITHSTANDIN ANY REOUIREMEN L, N PM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPCCT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL'THE TERMS. EXCI USIONS AND CONDITIONS OF SUCH POI I0II-8.AGGREGATE LIMITS 51-IOW14 MAY HAVE BGEN REDUCED BY PAID CLAIMS INS LTR Nan, TYPE OF INSURANCE POLICY NUMBER DATE M( MIQUP!`[ DATE MMIDDIYY Ulcy LIMITS GENERAL.LIABILITY AC10005590 05/30/2003 05/3012004 FACHOC,CURRENCE $ 1,OR0,009 X COMMERCIAL GENERAL LIABILITY PRCEELao.Erce S 100,000 CLAIMS MADE E OCCUR MFD EXP(Anv ave person) S J 10,000 A PERSONAL&ADV INJURY S 1,000,00D GENERAL AGGREGATE S 2 000 ,000 GEPI'L AGGRLGATEJ-IMITAPPUES PER. PP.DOUCTB-COMPIOP AGO S I,000,0 D0 O X POCY PR I I LOC - -`--- AUTOMOBILELIABILITV _- ACI1055395 IO/Z912004 10/29/Z003 COMBINED SINGLC-LIMIT ANY AUTO (Ea amitlenq 1,000,0 00 ALL OWNED AUl OS BODILY INJURY X SCHEDULED AUTOS (Per person) S R HIR60 AUTOS DODILV INJURY 2 NDN-DWNED AUTOS (Per arrtlen0 PROPERTY DAMAGE S (rer accldenq GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY. AGG y ENCESSNMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE S B DFCf ICTIRI E F RETENTIOnI £ `^ U SA WORKERS COMPENSATION AND V TOSY LIMIIl TS FR EMPLOYERS'LIABILITY Fl EACH ACCIDENT 3 ANY PROPRIETORIPARTNFRICKFaiTIVE EX OFFICER/MEMBER EXCLUDED? F.J.DISEASE,-FA EMPLOYE S i'yos,tlescrlbe antler El. DISEASE POLICY LIMIT S SPFtaAI.PROVISIONS hclnW OTHER DESCRIPTION OF OPERATIONS(LOCATIONS IVrWrLF-SI EXCLUSIONSADDE6EVENDORSEMF-NTISpEC1AL PROVISONS aving Cootractor- 10 Days notice of cancellation for non payment of premiuln. his certificate serves as evidence of Automobile Liability and Genetral Liability Insurance, I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEE DRE THE The Cily of pallH Springs EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3200 Tabquitz CCAnyon Way 1_0_DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, PATnI Springs, CA 92262 6UT FAILURE TO MAIL SUCH NOTICE SHALL( O NO BLIGATIONORLIABILITY Attend On Bruce ]alms On Re. : Racket Club Road SidewalkOF AN1'KIND UPON 7HE INSUR SA'G- 75 REP ESENTATIVES. P rOJCCL #02-09 AUTHORIZED REPRESENTATIV Ed Castro 07/22/03 09: 1Sam P. 003 RLI Insurance Company Peoria, Illinois POLICY NUMBER: AC10005590 COMMERCIAL GENERAL LIABILI'Y THIS ENDORSEMENT CHANGES THE POLICY_ PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or organization: The City of Palm Springs 3200 Tahquitz Canyon Way Palm Springs, CA 92262 Attention: Bruce Johnson Project: Racket Club Road Sidewalk, City pro3ect #02-09 (If no entry appears above-_, information required to complete this endorsement will be shown iu the Declarations as applicable to this endorsement.) WhO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to Inability arising out of "your work" for that insured by or for you. r CG 20 20 11 85 Copyright, Insurance Services Office, Inc. , 1984 0o10%2003 14:45 7602742181 EMPLOYERS RESOURCE PAGE 01 players 1�iesowrce Managing Your Most Valuable Asset July 10, 2003 The City of Palm Springs AtteDtion.: Bruce Johnson 3200 Tahquitz Canyon Way Palm Springs, CA 92262 Dear Certificate Holder: Enclosed is a copy of the certificate of worker's compensation insurance with regard to. J. Cardenas Construction on projects: City Project 902-09, Raquet Club Sidewalk Project J. Cardenas Construction leases its employees from Employers Resource. Coverage for the employees of Employers Resource that are leased to J. Cardenas Construction is provided under Policy No,1604493-02 as shown or-the certificate. The State Fund will no longer reference the project issued on accounts that lease employees. We are providing you with this letter so you can match this certificate to your project and vendor. If you have any questions, feel free to give us a call. Sincerely, Haiau Tran Employers Resource-CSR Enclosure 160 Chesterfield DrNe,Suite 9,Cardiff by the Sea,CA 92007 Phone(888)559-2350 Fax(888)888-9782 8i, 10/z .0d 14: 4❑ I602142181 EMPLOYERS RESOURCE PAGE 02 CERTIFICATE HOLDER COPY STATE P.O. sox 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION IN5URANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE JULy 1,0, 2003 GROUP: POLICY NUM6ER: 1604493-2 0 02 CERTIFICATE ID: 2428 CERTIFICATE EXPIRES: 11.11-2003 11-11-2002/11-11-2003 CITY OF PALM SPRINGS 2200 TAHQVI^_Z CANYON RD PALM SPRINGS CA 92262 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 porlod 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 3C 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. AITHORI2E0 REPRESENTATmE PRESIOENT E14PLOYERIS LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1, 000,000 PER OCCURRENCE MFaRK BUCHER PRES - EXCLUDED ENDORSEMENT 02065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 11-11-2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #20G5 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 11-11-2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER EMPLOYERS RESOURCE 160 CHESTERFIELD DR STE 9 CARDIFF CA 92007 SCIF 10262E Mpp-ul:DM61 DATE AC-0-RP CERTIFICAk F LIABILITY INSURA 07/31/2003) PRODUCER (760)241-7900 FAX (7M- 241-1467 THIS CERTIFICATE IS UED AS A MATTER OF INFORMATION ARMAC Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 17177 Yuma Street .__._.,� HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Victorville, CA 92392-5886 Kimberly Glover INSURERS AFFORDING COVERAGE NAIC# INSURED Javier Cardenas ..:Ali 2 O 20 -:'7'; INSURERA: RLI Insurance Company DBA: J. Cardenas Construction `°� INSURERB American Economy Insurance Co. 14221 Whispering Sands Drive INSURERG Victorville, CA 92392 a NsuRERD INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDINI ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE wminniyy) DATE(MMIDDIYYI GENERAL LIABILITY AC10005590 05/30/2003 05/30/2004 EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED S 100,000 PREMISES(Ed n,ri,nsnae� CLAIMS MADE [X]OCCUR MED ERE(Any one person) $ 10,000 A PERSONAL B ADV INJURY FS2,000,000 000,000 GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG000,000 X POLICY PRO OC JECTAUTOMOBILE LIABILITY 02CE018746-10 07/23/2003 07/23/2004 COMBINED SINGLE LIMIT ANY AUTO (E..cadent) 000,000 ALL OWNED AUTOSBODILY INJURY SCHEDULED AUTOS (Per person) B HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTOONLY-EAACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGO $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE S OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ _ RETENTION $ $ WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS'LIABILITY EL EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED' E L.DISEASE-EA EMPLOYEE S If yes,describe under SPECIAL PROVISIONS below E L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS awing Contractor. *10 Days notice of cancellation for non payment of premium. This certificate serves as evidence of Automobile Liability and Genetral Liability Insurance. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE The City of Palm Springs EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3200 Tahquitz Canyon Way *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Palm Springs, CA 92262 Attention: Mary Lynn BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OB ATI RLIABIUTY RE: Racket Club Road Sidewalk OF ANY KIND UPON THE INS TS ENTSO EP TAT Project #02-09 AUTHORIZED REPRESENTATIV Ed Castro ACORD 25(2001108) FAX: (760)323-8238 �� ©ACORD CORPORATION 1988