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00413C - JAMES SIMON DECORATIVE STREET LIGHTS
CITY OF PALM SPRINGS C p�C CAL I FORN IA P.O. BOX 2743, Palm Springs, California 92263 (760) 323-8253 - Engineering Department - N O T I C E O F A C T I O N FOR 1�9 PUBLIC AND/OR ❑ PRIVATE IMPROVEMENTS TO: James E. Simon Co. ACCEPTANCE DATE: March 16, 2001 P.O. Box 10990 C.P. #01-05, Install 3 Deco Street Indio, CA 92202 Light Foundations AGREEMENT NO. 413C Resolution No. 1116 This is to inform you that a Notice of Completion has been filed and recorded on the above-named project. PUBLIC IMPROVEMENTS PRIVATE IMPROVEMENTS Curbing L.F. Curbing L.F. Street Paving _240 S.F. Street Paving S.F. Sidewalks S.F. Sidewalks S.F. Drwy. Approaches Ea. Driveway Approaches S.F. X-Gutter S.F. Bike Paths S.F. Landscaping L.S. Sewer Mains L.F. Sewer Laterals L.F. Sewer Laterals L.F. Storm Drain Manholes Ea. Sewer Manholes Ea. Storm Drains L.F. Storm Drains Ramps Ea. Electric Conduit 240 L.F. Light fixture bases 3 Ea. Location: South side of Tahauitz Canvon Wav, between S. Palm Cyn Dr and Belardo Rd. C.P.S. Drawing No(s) . N/A Permit No. 12567 Contractor(s) actually doing the work: James E. Simon Co. Notify your bonding company/bank to release the following bonds: No. 999089367 in the amount of $16,470. 00 Performance: �y �a— No. 999089367 in the amount of $16,470. 00 Payment: No. in the amount of $ Monuments No. in the amount of $ Maintenance Security No. in the amount of $ Correction & Repair Engineer: City. Bond Co. /Bank: ---------------------------------- Comments: FINAL CONTRACT AMOUNT: $16,470. 00 Submitted by Eng ' neeering Field Supervisor Approved by cj✓,�' City Engineer Distribution: Original to Addressee; Copies to: City Clerk, Engineering File, Engineering Field Supervisor, Building, Facilities Index No. 0112 OOC U 2001-141710 04/04/2001 08:00A Fee:NC Page 1 of 1 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk d Recorder 1111111111111111111 11E 111 I 1111111111111 M S U PAGE SIZE CA I POOR I NOCOR SMF MISC. Return To: City Clerk p v City of Patin Springs --H P.O.Box 2743 OPYtLONIREFUND NCHG EAA R Palm Springs CA 92263-2743 - -—— - NOTICE OF COMPLETION _ NOTICE IS HEREBY given that: I. 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 16th day of March 2001. 5. The name of the contractor (if named) for such work of improvement was: James E. Simon Co. 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:: Install 3 Decorative Lights 7. The property address or location of said property is: South side of Tahquitz Canyon Way,between N.Palm Cyn Dr and Belardo Rd. 8. Invitation for Bids No. 01-12 A#413C Resolution No. 1116 City Project No. 01-05 U, C, DATED: March 27, 2001 CITY OF PALM rSPRINGS BY: %'I ' City Engineer PATRICIA A. SANDERS, being duly sworn, says: That she is the City Clerk of the aforesaid City of Palm Springs, California, the corporation that executed the foregoing notice; that she makes this verification on behalf of said corporation; that she has read the foregoing Notice of Completion, and knows the contents thereof, nd-dra facts statedt4erein are true; that as said City Clerk, she makes this verification on behalf of sai municipal rpo City Clerk Index No. 1201 • James E. Simon Co. Decorative Street Lights AGREEMENT #413C R1116, .1-3-01 (n/AGREEMENT THIS AGREEMENT made thisb day of �!/tl/Ylili(il.! in the year 2001, by and between the City of Palm Springs,a charter city,organized a ling in the County Oiverside,under and by virtue of the laws of the State of California,hereinafter designated as the City,and James E.Simon Company 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 INSTALLATION OF THREE(3)DECORATIVE STREET LIGHTS Invitation for Bids No.01-12 The Work is generally described as follows: _Installation of three(3)decorative street light foundations and Appurtenant work ARTICLE 2--COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time Accordingly,instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay(but not as a penalty), the Contractor shall pay the City the sum of$ N/A 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_None_to inclusive, and all Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. PROJECT NAME CITY PROJECT NO. IN) AGREEMENT FORM 2/2/01 AGREEMENT AND BONDS-PAGE 17 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 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 became 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. A �i—..TY OF PALM SPR�NpG�S,�C/,An/�,LI�FORNIA APPROVED BY THE CITY COUNCIL: City Clerk CRA Resolution No 1116 Date 1-03-01 APPROVED AS TO FORM: � /1 Agreement No. 413C BY /A4 �6i`AA-1 City Attorney Date CONTENTS APPROVED: By X/EJ/ City Engineer Date ---�� D I City Manager Datg:T� PROJECT NAME CITY PROJECT NO, (#) AGREEMENT FORM 2/2/01 AGREEMENT AND BONDS-PAGE 16 CO TRACTOR: //'' (Check one.individual,_partnership, corporation) By signaWre ^' (NOTARIZED) Print Name and Title. JEFFREY J. WRRINGTON, VICE PRES. By n.sgnature � (NOTARIZEDD Print Name and Title. IRENE ORTIZ, ASST. SECTY Mailing Address: P.O. 10990 INDIO. CA 92202 Date 2 —9 �0 (Corporations require two signatures; one from each of the following groups A. Chairman of Board, President, or any Vice President; AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). End of Signatures PROJECT NAME CITY PROJECT NO. (#) AGREEMENT FORM 2/2/01 AGREEMENT AND BONDS-PAGE 19 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT it State of California ss. County of RIVERSIDE I �I Cn 02/09/01 before me, KAREN A. ROSS, NOTARY PUBLICI .,r, Dale Name and Tille of Off cei(e g,"Jane Doe,Notary Public `I personally appeared JEFFREY J. HERRINGTONI ,1 IJame(s(of Signers) fit [Z personally known to me CI proved to me on the basis of satisfactory evidenceI to be the person(sj whose nameO is>'e�e subscribed to the within instrument subscribed to the within instrument and acknowledged to me that helieke/t}icq executed � the same in hist4e "1 � authorized r capacity{ies}, and that by his;,;c-r;� "I if Commicion signature( on the instrument the person(&), cr r,- # 7??.�L+,idS the entity upon behalf of which the person,(r� acted, executed the instrument.r �•x! n rl. Sf-court l'.4 5 I WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONALI Though the information below is not required by law, it may prove valuable to persons relying on the documentI and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ,I Document Date: Number of Pages: ' Signer(s) Other Than Named Above: �I , Capacity(ies) Claimed by Signer Signer's Name: 'I ❑ Individual Top of thumb here ❑ Corporate Officer—Tltle(s): I ❑ Partner—❑ Limited ❑ General ❑ Attorney in Facti ❑ Trustee •I ❑ Guardian or Conservator ❑ Other: ' I Signer Is Representing: i I ©1997 National Notary Association•9350 De Soto Ave.PO.Box 2402•Chal..uh,CA 91313-2402 Prod No.5907 Radio.,.Gall TOI6Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT er. -..<r- - -.;cam.-. - „moo' _ _ .cry.- _ •'_o- ,�.r- -r-o- .r-.r.�� '.--w� f� ccc�ccc State of California �l ss. I County of RIVERSIDE I 4, � 02/09/01, On , before me, KAREN A. ROSS , NOTARY PUBLIC , Data Name and T61e of Office e( g "Jane Doe,Notary Public'") ,cc personally appeared IRENE ORTIZI Nemels).I Slgn.r(s) tl ZJJ personally known to me R ❑ proved to me on the basis of satisfactory , evidence to be the person(r) whose name( is/awe subscribed to the within instrument and acknowledged to me that kte/she/44eyexecuted the same in kie/her/t#eif authorized Y',I capacity(, and that by *4,/herA4e+r ti. rl + + oul Sw signature(r) on the instrument the person(aj, oi- 3' �.c the entity upon behalf of which the person(iiiij acted, executed the instrument. � �j WITNESS my hand and official seal. ) Place Notary Seal Above Signature of Notary Public I OPTIONALC' Though the information below is not required bylaw, it may prove valuable to persons relying on the document 5ll and could prevent fraudulent removal and reattachment of this form to another document 51 Description of Attached Document Title or Type of Document: s,l S Document Date: Number of Pages: '>,I '11 Signer(s) Other Than Named Above: I Capacity(ies) Claimed by Signer Signer's Name: Wilk ❑ Individual Top of u,l,nro here ,I El Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ TrusteeI ❑ Guardian or Conservator 'I ❑ Other: " r� Signer Is Representing: ©1997 National Nolary Ass.ciaka•9350 De Sol.Av.,P.O.Be,,2402•Chatsworth,CA 91313-2402 Prod N. 5907 Reorder Call Toll-Free I.8D0-B76-6827 PERFORMANCE BOND Bond No. 929089367 KNOW ALL,MEN I7Y'1'iLGSE PRGSIiN'I'S, Premium: $66.00 '1'11u1- 1.. ..... James X. Simon Com an adt untri�in,. And National Fire Insurance Company of Hartford us Surety, are held f"im41y bound unto the City of Palm Sprints, a charter city, nrgmri7ed slid oxisling in the r,.'ounty o1' Riverside, California,hereinafter called tlec"City,' in lire sum of: (In lid*arcs)) Sixteen Thousand Your Hundred Seventy Dollars and (In words) for(he payment ofwhieh sum well and truly to be made,the bind ourselves,uurlicirs,executors,adiainistrito rs, successors,and assigns,jointly and severally,Fundy by these presents. WHEREAS said Contractor has been awarded and is about to enter into the arriaed Agrccmont with said City to perform die Work as specified or indicamd rrt the Contract Documents outit':ed: ',!i•T'¢f�D'yl'41E!'�4rrr.�ray..y,�,.,,e+:-n rNSTALLA'rION OF TAME(3)DECORATIVE STREET LIGII'1'S INVITATION FOR.RID(m13)01-12 NO W TIiEREFORE,ifsald Contractor shallperform all dho regironnents afraid CattLnet]?acon'cttts rc,jttired to be performed on its part,attlie times and in the manner spech7led herein,then dns obligation squill be null and void,otherwise it shall remain in full force and effect. PROVIDED,that any alterations in the Workto be done orthe materials to be furnishcd,or charlLcs is the liinc of completion,which Wray be made pursuant to the terms of said Contract Documonts,shall not in any tray release said Contractor or said Surety thereunder,nor shall any extensions oftinic grvhted under 0 m provisions of said Contract Documents,release either said Contractor or said Surety,and notice of such alteratives or extensions of the Agreement is hereby waived by said Surety. SIGN13D AND SEALED,this 22nd day of ^ January _ 20 01 Contractotjv'N sh u+c.J Cul Sumly_National Fire Insurance,Company of Hartford �/ 7 B �. Eye/ i- Ti e ' cry ,i•�?pc I'itic Stephanie Watts, Attorneneyy in Fact (NOTARIZED) PRINT NAME AND TITLE : ( SP,AL AND NOTARIAL. ACKNOWLEDGMENT :SURETY) BY: /� SIGNATURE; ( NOTARIZED) I'EllFORMANCIT,BOND AGRI21MEN'r AND t30NlXi CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1, 1 State of California g� ss. � County of RIVERSIDE On JAN 24 , 2001 , before me, IRENE ORTIZ , NOTARY PUBLIC ) Date Name and Title of Officer(e.g.,"Jane Doe,Notary Pabad') personally appeared JEFFREY J . HERRINGTON Nama(s)of Signer(s) 1 L?5 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the persorl whose name( is/WX subscribed to the within instrument and RENE orr¢ acknowledged to me that he/�§7tI� executed % •,,_+�,°,;,� Commission't 7169 ora y public Calltomla the same in his/Ke`�r7€IKe r authorized Riverside Coup by capacity(M), and that by his/t om' h4y Comm.6<p7ms,7an 76 ZW-r`' signature( on the instrument the person(, or ') the entity upon behalf of which the person(s,1 I acted, executed the instrument. ) WITNESS my hand and offl e I. Place Notary Seal Above T Signature of Notary P b icy ) 1 1 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. •I Description of Attached Docupe t//, q Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual rop of 11,amb hara ,) ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee 7 ❑ Guardian or Conservator ❑ Other: Signer Is Representing: �7 ©1997 National Notary Association•9350 De Salo Ave.,P.O.Box 2402•Chatsworth,CA 91313-24 0 2 Prod No.5907 Peorder.Call Toll-Free 1-800-676-6327 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �.' ,cr:.,�rcr-crTr."crcrc—r�r—crcc�.crcrc��tirchcrcrmcrcYa2rc��.rchcrc�.c:rcr5r��r��,.,,.^.cr'- - ' v� State of Californial ss. I' County of RIVERSIDE I On 02 09 01 KAREN A. ROSS , NOTARY PUBLIC before me, - Date Name and Title of Officer(e.g,."Jane Doe,Notary Public") �I A personally appeared TRENE ORTIZ 21 YI Name(s)of Signer(s) I YJJ personally known to me Ll proved to me on the basis of satisfactory evidence �I to be the personV whose nameV is/see subscribed to the within instrument and r acknowledged to me that 14e/she/4w�executed the same in 41@/her/46eir authorized capacity4e6�, and that by *isIberA4&k 12253 Iv UU` signature(-s) on the instrument the person(e , or •j, or n,Puhlic�-Cnlifcrnia the entity upon behalf of which the person(+ "RI r.lC'13 Count}r acted, executed the Instrument. 'I WITNESS my hand and official seal. Place Notary Seal Above / Signalure of Notary Public �I OPTIONALI� Iry, Though the information below is not required bylaw, it may prove valuable to persons relying on the document a 3P�J and could prevent fraudulent removal and reattachment of this form to another document I Description of Attached Document Title or Type of Document: I Document Date Number of Pages: , �I Signer(s) Other Than Named Above: i Capacity(ies) Claimed by Signer ' Signer's Name: 31 ❑ Individual Ton m memo HereI ❑ Corporate Officer—Title(s), ❑ Partner—❑ Limited ❑ Generale ❑ Attorney in Fact 31 ❑ Trustee ❑ Guardian of Conservator I ❑ Other: jl I Signer Is Representing: 'I h � � — ©1997 National Notary Association-9350 De Solo Ave.,RO Box 2402•Chatsworth,CA 9131 3-24 02 Prod No.5907 Reorder Call Toll-Free 1-800-576-6827 • Bond No. .929089367 PAYMENT BOND premium: $66.00 KNOW Ald,MEN 13Y THESE PRESENTS, That James E. Simon Co., as Contractor and T'f't;t _ yar;oval_ Eire Insurance Comnan�_Qf uar. ford - as Surety, are lisld firmly bcund unto the City of Palm Springs, a charter city, organized and existing in the County of Rivorcida, State of California, hereinafter called the"City," in the sum of: (In figures) S_ixteLn. elvDun—n3 Pour Hundred Sevens dollars and no/100- (in words) for the payment of which suns well and truly to be made, we bind ourselves, our heirs, executors, ndrrinistraiors, atucccss❑rs, and assigns,jointly and severally, firmly by these presents. Wh iWii AS,slid Contractor has been awarded and is about to enter into the annexed agreement with said City to perform liar Work as specified or indicated in the Contract documents entitled: INS TA( CE(3) DECORATIVE STREET LIGHTS INVITATION FOR BID(IFB)01-12 FSOti"J'ftlfilil=l'L7pii_,if said Contractor, its subcontractors, its heirs,executors, administrators,successors, cr a.:>1 ins shall fail to pay rorany materials,provisions,provender,equipment orether 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, kh'illltif:h:,3, a id paid over to the Employment Development Departm,,nt from the wages of employees of the Corolry:cfer and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with rC;n,,;ct to such labor,all as required by the provisions of Title XV,Chapter 7,Sections 3247-3262,inclusive, of(Re C'tirrll Co do of the State of California and acts amendatory thereof,and sections of other codes of the S tato of California referred to therein and acts amendatory thereof,and provided that the persons,companies, Of corporations to fi3inishing said materials, provisions, equipment or other supplies, appliances or power ua d in, upon, for or about performance of the work contracted to be executed or performed,or any pEsrson, colaipany or corlwration renting or hiring implements or machinery or power for or contributing to said work to be 4on^,or any person who performs work or labor upon the same,or any person who supplies both work and ra.,Aeduls tlw Wor,shall have Complied with the provisions of said laws,then said surely will pay the same in II;n arnount not exaceding tte sum hereinbefore set forth and also will pay,in case suit is brought upon this bead, r, reasonable aitorne 's fee, as shall be fixed by the Court This bond shall inure to the benefit of any and.^.[I peraoris n,:arned in �ecVon 3181 of the Civil Code of the State of California so as to give a right of cn to them car their assigns in any suit brought upon this bond. rlftIOIIDCD, that veiny alterations in the Work to be done or the materials to be furnished, or changes in the timr,•of oornpleCon,which may be made pursuant to the terms of said Contract Documents, shall not in any vd zy ml;:,rtco 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 ftcrotions or extensions of the Agreement is hereby waived by said Surety. 22nd January 2001 Str3�fLDANDyySEALED, this--w, _ dayoF _� Cordiactof surety National Fire Insu-r-aneP Qompany of atford L,,,"1c. ,�5,_��__�-,_ Title Stephanie Watts, Attorney 1mEact _ (,1(YfAa1ZL0) SF SURETY) AND NOTARIAL ACKNOWLEDGMENT � PRINT NAME AND TITLE: - - PAYMENT BOND AGItRFMENT AND BONDS BY: SIGNATURE7 (NOTARIZED CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT f I t State of California ) ss. County of RIVERSIDE If On JAN 24 , 2001 , before me, IRENE ORTIZ , NOTARY PUBLIC Date Name and Title of Officer(e.g,'Jane Doe,Notary Public") �I personally appeared JEFFREY J . HERRINGTON Name(.)of Slgner(s) LN personally known to me ❑ proved to me on the basis of satisfactory evidence ) to be the pel whose narl is/wx subscribed to the within instrument and RfthIEORFI/ acknowledged to me that he/ XfkVy executed ,I Cornmieslon N 116984ln if the same in his/Ke'rtfKgr authorized Nolar/Public.-California capacity(RQ�), and that by his/h`effiibTr � Riverside County signature( on the instrument the person( 1, or fr4yC.mn�.E:pIr�,Jan 16.2tk�2 -` the entity upon behalf of which the person(s,1 l acted, executed the instrument. WITNESS my hand and off�l sal. Place Notary Seal Above - Signalu a of Note Public) f OPTIONAL 1 Though the information below is not required by law,it may prove valuable to persons relying on the document I and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: /�PfYny l? f9 C4 C„ Document Date: Number of Pages: 1 Signers) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: _ I ❑ Individual I Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact t,l ❑ Trustee '1 ❑ Guardian or Conservator ,i ❑ Other: Signer Is Representing: 1 ©1997 National Notary Association•9360 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No 5907 Reorder:Call Tall-Free 1.800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I County of RIVERSIDE ss. I r On 02/09/01 before me, KAREN A. ROSS, NOTARY PUBLIC �I i Date Name and Title of Ofhcei(ad,"Jane Doe,Notary Public)C personally appeared TRENE ORTIZ Names)of Sagn(ags) SI t LKI personally known to me 21 ❑ proved to me on the basis of satisfactory evidenceI to be the person(jr) whose narri is/aye subscribed to the within instrument andI " acknowledged to me that lee/she/4-veyi-executed P_N A,ii the same in 4ie/herlil-k r authorized ' ) f, � z(, !G.;,:, j NOViofPublic-Calii capaeity4e,-.;, and that by *is/herhiil it �iv7side Count ? signature(s) on the instrument the person(e , or r b i � M y n,6 inesJ 92A,2ihl3 the entity upon behalf of which the person(sj I acted, executed the instrument. WITNESS my hand and official seal. I Place Notary Seal Above / S ig Wrs o1 Notary P� i OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document ,5I and could prevent fraudulent removal and reattachment of this farm to another document 51 Description of Attached Document Title or Type of Document: , I Document Date: Number of Pages. I Signers) Other Than Named Above Capacity(ies) Claimed by SignerI Signer's Name: ., I;.. I �ry 3 1-1 Individual ffit ffy ❑ Corporate Officer—Title(s): Tap of thumb here , ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact I ❑ Trustee ❑ Guardian or Conservator Z ❑ Other: Signer Is Representing: I �I 01997 National Notary Association•9350 De Soto Ave.,PO Box 2402•Chatsworth,CA 91313-2402 Prod Me.5907 Redder:Call Toll-Free 1-800-876-6827 f 1 ACKNOWLEDGMENT BY SURETY STATE OF Nebraska County of Douglas } ss. On this 22nd day of January 2001 before me personally appeared Stephanie Watts known to, me to be the Attorney-in-Pact of National Fire Insurance Company of Hartford the corporation that executed the within instrurnent, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed ray official seal, at my office in the aforesaid County, the day and year in this certificate fast above written. GENERAL NOTARY-State of Nebraska KATHLEEN L.KUNKLE My Comm.Exp.Sept.27,2002 ��� J``�����Notary Public in the State of Nebraska (Seal) County of Douglas S-0230/GEEF 2/98 y' POWER OF ATTOOkEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That CONTINENTAL CASUALTY COMPANY, an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation(herein collectively called"the CCC Surety Companies'), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signature and seals herein affixed hereby make, constitute and appoint Harry A. Koch, Jr., Douglas G. Durbin, Harry D. Koch, David G.Jesse, Peggy Sapienza, Stephanie Watts, Kendra Sorensen, Individually of Omaha, Nebraska their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 16th day of December 1999 GAS U CONTINENTAL CASUALTY COMPANY 2~!� ^Cl \PE tRSURgNc� y`OMvpHr ar NATIONAL FIRE INSURANCE COMPANY OF HARTFORD a ce9r°nare 9i Q4 NtaRroagTfo AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA Q SFAI. y V1. I� � t JULY I 1g97 2 HARV • Marvin J.Cashion Group Vice President State of Illinois, County of Cook,ss: On this 16th day of December 1999 , before me personally came Marvin J. Cashion,to me known,who, being by me duly sworn, did depose and say:that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. "OFFICIAL K � DIANE FAULIQNEEJER � • G—_E Itroe.ry Ewello. Ilate of mma• 2 • My Conwnisslon Expires 9117101 My Commission Expires September 17,2001 Diane Faulkner Notary Public CERTIFICATE I, Mary A. Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the reverse hereof are still in f r�j e. IrI testimony ereof I have hereunto su scribed my name and affixed the seals of the said corporations this ili) i day of �1. �atur .,t�� ' . CONTINENTAL CASUALTY COMPANY =�t�lGASUgtr 4�QE twSURq*yc� M1y`o�taAtn cr 'e NATIONAL FIRE INSURANCE COMPANY OF HARTFORD Zr� �,RPoH.(rE ¢ r d��RCV11fMGrfo o AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA n �J SEAL a� r= t 1V1942LY I (�' 1097 HARK � • Mary A. Ribikawskis Assistant Secretary (Rev.1 0/1/97) Authorizing By-Laws and Resolution ADOPTED BY THE: BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company "Article IX—Execution of Documents Section 3 Appointment of Attorney-in-fact.The Chairman of thelBoard of Directors,the President or any Executive, Senior or Group Vice President may,from time to time, appoint by written certificates attorneys-m-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations set forth In their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company" ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI—Execution of Obligations and Appointment of Attorney-in-Fact Section 2 Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may,from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution Of any such instruments and to attach the seal of the Company thereto.The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993 "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company "RESOLVED. That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may,from time to time, appoint, by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President,an Executive Vice President, any Senior or Group Vice President or the Board o1"Directors may at any time revoke all power and authority previously given to any Attorney-m-Fact" This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993, "RESOLVED. That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation" BID BID TO: CITY OF PALM SPRINGS,CALIFORNIA The undersigned Bidder proposes and agrees,if this Bid is accepted,to enter into 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: INSTALLATION OF THREE DECORATIVE STREET LIGHTS IFB 01-12 Bidder accepts all of the terns and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and 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 Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents including the following Addenda(receipt of which is hereby acknowledged): Number Date Number Date Number Date Number Date Bidder has familiarized itself with the nature and extent of the Contract Documents,the Work,the site,the locality where the Work is to be performed,the legal requirements(federal,state, and local laws, ordinances,rules,and regulations), and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as Bidder deems necessary. In conformance with current statutory requirements of California Labor Code Section 1860, et seq., the undersigned confirm the following as its certification: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions before commencing the performance of the work of this contract. To all the foregoing,and including all Bid Schedule(s),List of Subcontractors,Non-collusion Affidavit,Purchase Order for Assigned Contract,Bidder's General Information,Bid Bond,and Affirmative Action Program 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 afore-mentioned Bidding Schedule(s). DATED: DECEMBER 22 , 2000 BIDDER: JAMES E. SIMON CO. BY: � ignature) Title: VICE PRESIDENT BID FORM BID SCHEDULE Lump Sum Price for Construction of In Palm Springs,California Item Description PA1S7flLLLLLTI6N c)r- —n4rzEF Lb) b�Et.OQATIVE SiRS.ET LI6LFTG IA 1/1-raYloN rD9L 'AIA LWS-) 01-11-- TOTAL BID PRICE For the lump sum of 470, D D (Price in figures) Stx I1��tJ F�DUSA N� R"L2 NU ND2 t�—D c-eVt� 'Y (Price in words) LUMP SUM BID SCHEDULE BID FORMS ® • INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100, at. seq.,of the Public Contract Code,the Bidder shall list below the names and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price,and shall also list the portion of the Work which will be done by such subcontractor. After the opening of bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. Contractor Percent License of Total Work to be Performed Number Contract Subcontractor's Name &address 1. 2. 3. 4. 5. 6. 7. Add additional sheets, if needed. LIST OF SUBCONTRACTORS BID FORMS 0 o 0 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of RIVERSIDE ) I,JEFFREY J. HERR INGTON ,being first duly sworn,deposes and says that he or she is VICE PRESIDENT of JAMES E. 01MON CO. the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,association,organization,or corporation;that the bid is genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded,conspired,connived,or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding;that the bidder has not in any manner, directly or indirectly,sought by agreement,communication,or conference with anyone to fix the bid price of the bidder or any other bidder,or to fix any overhead,profit,or cost element of the bid price,or of that of any other bidder,or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract;that all statements contained in the bid are true;and,further,that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof,or divulged information or data relative thereto,or paid,and will not pay,any fee to any corporation,partnership,company association,organization,bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Bidder JAMES E. SIMON COMPANY i By JEEFkFi r7 /�IERRINGTON Title VICE PRESIDENT Organization Address PO BOX 10990 INDIO, CA. 92202 NON-COLLUSION AFFIDAVIT BID FORMS BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: JAMES E. SIMON COMPANY PO BOX 10990 INDIO, CA. 92202 2. CONTRACTOR'S Telephone Number ( 760 ) 347 5399 Facsimile Number: ( 760 ) 347 6572 3. CONTRACTOR'S License: Primary Classification A AND B State License Number(s) 521795 Supplemental License Classifications Surety Company and Agent who will provide the required Bonds on this Contract: NATIONAL FIRE INSURANCE OF HARTFORD Name of Surety HARTFORD, CONN Address THE HARRY KOCK COMPANY, OMAHA, NEB 4. Surety Company Agent HARRY KOCK CO. DOUG DURBIN Telephone Numbers:Agent ( 402) 861 7022 Surety ( ) 5. Type of Firm (Individual, Partnership or Corporation): CORPORATION 6. Corporation organized under the laws of the State of: WYOMING 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: JAMES E. SIMON PRESIDENT JEFFREY J. HERRINGTON VICE PRESIDENT JON ROESSLER VICE PRESIDENT IRENE ORTIZ ASSIST. TREASURER BIDDER'S GENERAL INFORMATION BID FORMS • BIDDER'S GENERAL INFORMATION (Continued) 8. Number of years experience as a contractor in this specific type of construction work: 5 2 9 List at least three related projects completed to date: a. OWnerCITY OF PALM DESERT Address PALM DESERT Contact JFFF WTNKLEPLECK Class of Work A AND B Phone 346 6011 Contract Amount S 6 5 0 , 0 0 0 Project NEIGHBORHOOD PARK Date Completed 11 /1 /2000 Contact Person Telephone No. b. OwnerCITY OF PALM SRINCS Address PALM SPRINGS ContactBlLT. WEAVER Class of Work A Phone 318 3822 Contract Amount $4 5 0 000 Project TAXI HOLDING FACILITbateCompleted 2/1/2000 Contact Person Telephone No. c. Owner CITY OF PALM SPRINGSAddress PALM SPRINGS Contact MIKE WILLIAMS Class of Work B Phone 318 3821 ContractAmount S950 , 000 Project TICKETING EXTENSION Date Completed 11/1 /1999 Contact Person Telephone No. 10. List the name and title of the person who will supervise full-time the proposed work for your firm: ROGER WALLENTINE 11. Is full-time supervisor an employee contract services ? 12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. BIDDER'S GENERAL INFORMATION BID FORMS 0 • CERTIFICATE OF BIDDER REGARDING AFFIRMATIVE ACTION PROGRAM The Bidder hereby certifies that he or she is in compliance with the Civil Rights Act of 1964,Executive Order No.11246,The CaliforniaFair Employment Practices Act,and all other applicable Federal and State laws and regulations relating to equal opportunity employment. Bidder's Name JAMES E. SIMON COMPANY Address: PO BOX 10990 INDIO, CA 92202 Name and Title of Signer JEFFREY J. HERRINGTON VICE PRESIDENT �;.G' DECEMBER 2.2 , 2000 /, gnatAre Date (The above certification of the Bidder regarding its affirmative action program shall be filled out completely,signed,and submitted by each bidder and shall be a part of the Contract Documents.) AFFIRMATIVE ACTION PROGRAM BID FORMS NEBRASKA STATUTORY RIDER The State of Nebraska Code, Section 44-4040 requires the name of the soliciting agent and the name and address of the agency to be shown on each bond issued by a Nebraska Agent or for any bond issued to a Principal or Insured residing in Nebraska. This rider is to comply with the statutory requirements of the State of Nebraska. Name of Soliciting Agent: Douglas G. Durbin Name of Insurance Agency represented by the Soliciting Agent: HarrV A. Koch Co. Address of Agency: 11949 "O" Street, Omaha, NE 68145-0279 A copy of this rider should be attached to the original and all copies of any bond issued. CITY OF PALM SPRINGS SPECIAL PROVISIONS TABLE OF CONTENTS PART I - BIDDING AND AGREEMENT FORMS AND BONDS Notice Inviting Bids Instructions to Bidders Bid Forms Bid (Proposal) Bid Schedule List of Subcontractors Bidder ' s Licensing Statement Non-collusion Affidavit Equipment or Material Proposed Bidder ' s General Information Bid Bond (Bid Security Form) Agreement and Bonds Agreement Form Worker ' s Compensation Certificate Performance Bond Payment Bond PART II - SPECIAL PROVISIONS Section 1 - Terms , De f i ni t i o n s , 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 Detail (Drawing) CITY OF PALM SPRINGS NOTICE INVITING BIDS For installation of three (3) decorative street lights (to be provided by others) on Tahquitz Canyon Way near the corner of South Palm Canyon Drive. (IFB 01-12) N-1 NOTICE IS HEREBY GIVEN that sealed bids for the installation of three (3) decorative street lights (to be provided by others) will be received at the office of the Procurement Manager of the City of Palm Springs, California, until 3:00 P.M. Local Time, Friday, December 22, 2000, at which time they will be publicly opened and read aloud. N-2 DESCRIPTION OF THE WORK: The project consists of the placement of approximately 240 feet of 2.5" schedule 40 conduit, from the SE corner of Belardo Road and Tahquitz Canyon Way to three locations (to be designated by the City) near the SW corner of South Palm Canyon Drive and Tahquitz Canyon Way. Conduit is to be placed at a depth of 24 from surface elevation along the lip of th existing curb and gutter. At each designated light location conduit is to sweep into and out of a#3.5 pull box, and a light pole base is to be constructed with a 1" schedule 40 sweep. At completion of conduit placement, the Contractor is to replace a 1 foot wide strip of AC paving per City standards. Pull ropes are to placed in all conduits. Anchor bolts for light foundations will be provided by the City. Price for conduit and AC placement is to be inclusive of all required saw cuts. (Contractor is to contact Underground Service Alert prior to beginning construction.) N-3 AWARD OF CONTRACT: (a)The City reserves the right after opening bids to reject any or all bids,to waive any informality(non-responsiveness) in a bid, or to make award to the lowest responsive,responsible bidder and reject all other bids, as it may best serve the interest of the City. (b)As a condition of award, the successful bidder will be required to submit payment and performance bonds and insurance. N-4 BID SECURITY: Each bid shall be accompanied by a certified or cashiers check or Bid Bond in the amount of 10% of the total bid price, payable to the City of Palm Springs. N-6 BIDS TO REMAIN OPEN:The bidder shall guarantee the Total Bid Price for a period of 45 calendar days from the date of bid opening. N-6 CONTRACTOR'S LICENSE CLASSIFICATION:The Contractor shall possess a valid Class A Contractor's license at the time of submitting bids. N-7 PREVAILING WAGE RATE NOT APPLICABLE: Funding for the Work is with all local funds and, as provided under City Charter, will NOT require compliance with the prevailing wage requirements of the State of California. N-8 RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion INVITATION FOR BID 01-12 12/05/00 NOTICE INVITING BIDS ® • of the payment by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code. N-9 PRE-BID VISIT TO WORK SITE: Prospective Bidders are invited and encouraged to attend a pre-bid walk through of the proposed work sites and existing facilities that will be conducted by the City at 10:00 A.M. on Friday, December 15, 2000. Participants shall meet promptly at the Southeast corner of the intersection of Belardo Road and Tahquitz Canyon Way N-10 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: (a)Contract Documents may be obtained from, or inspected, at the office of the Procurement Manager, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262. (b)There is no charge for Bid Documents. Documents will be mailed at no charge and may be requested by calling the Procurement Manager at (760) 323-8239 or FAX (760) 322-8372. N-10 ADDRESS AND MARKING OF BIDS: The envelope enclosing the Bid shall be sealed and addressed to the City of Palm Springs, and shall be delivered or mailed to the City of Palm Springs, Procurement Manager, 3200 East Tahquitz Canyon Way, Palm Springs,CA 92262. The envelope shall be plainly marked in the upper left hand corner with the name and address of the Bidder and shall bear the words "Bid for Installation of Decorative Lights", followed by the Bid No. IFB 01-12 . The certified or cashier's check or Bid Bond shall be enclosed in the same envelope with the Bid. BY ORDER OF THE CITY OF PALM SPRINGS. Date: December 6, 2000 CITY OF PALM SPRINGS By_ � J.lwt) HAROLD E. GOOD, CPPO Procurement Manager City of Palm Springs PUBLISHED IN DESERT SUN: December 8, 2000 and December 13, 2000 INVITATION FOR BID 01-12 12/05/00 NOTICE INVITING BIDS 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 Conditions. 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 Supplementary General Conditions." 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 recentdate on the form entitled"Bidder's General Information,"bound herein. Except as otherwise provided under Public Contract Code §20103.6, 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 opening Bids. 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 Supplementary General Conditions for identification of those reports of explorations and tests of subsurface conditions at the site which have been utilized by the Engineer in the preparation of the Contract Documents. Although such reports are not a part of the Contract Documents, subject to the limitations specified In Article 4.2 of the General Conditions the Bidder may rely upon the - general accuracy of specified technical data contained in such reports. However,the interpretation of such technical data, including any interpolation or extrapolation thereof, together with non-technical data, interpretations,and opinions contained therein orthe 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 the technical data contained therein upon which the Bidder is entitled to rely is limited to that set forth in the Supplementary General Conditions. (d)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 Supplementary General Conditions or the Section entitled "Protection of Existing Facilities"of the technical specifications. (e) Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground utilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Article 4.2 of the General Conditions of the Contract. (f)Before submitting a Bid,each Bidder must,at Bidder's own expense,make orobtain any additional examinations and investigations which pertain to the physical conditions (surface, subsurface, and INSTRUCTIONS TO BIDDERS 0 0 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 structures will be obtained and paid for by the City unless otherwise provided in the Contract Documents. (i)The submittal of Bid will constitute an incontrovertible representation by the Bidderthatthe Bidder has complied with every requirement of this Article 4; 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 7 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 Supplementary General Conditions. 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 and the pages shall not be removed from the bound volume. 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 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 INSTRUCTIONS TO BIDDERS 0 0 9. SUBMITTAL OF BIDS -The Bids shall be delivered by the time and to the place stipulated in the Notice Inviting Bids It is the Bidder's sole responsibility to see that its Bid is received in proper time. Bids will not be accepted after the appointed time for opening of bids, no matter what the reason. 10. DISCREPANCIES IN BIDS - In the event that there is more than one Bid Item in the Bid Schedule, the Bidder shall furnish a price for all Bid Items in the schedule, and failure to do so will render the Bid as non-responsive and may cause its rejection. In the event that there are unit price Bid Items in a Bid Schedule and the "amount" indicated for a unit price Bid Item does not equal the product of the unit price and quantity listed, the unit price shall govern and the amount will be corrected accordingly, and the Contractor shall be bound by such correction, subject to the provisions of Section 5100 et seq. of the California Public Contract Code. In the event that there is more than one Bid Item in a Bid Schedule and the total indicated for the schedule does not agree with the sum of prices Bid on the individual items, the prices bid on the individual items shall govern and the total for the schedule will be corrected accordingly, and the Contractor shall be bound by said correction, subject to the provisions of Section 5100 et seq. of the California Public Contract Code. 11. QUANTITIES OF WORK-(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 Article 10 of the General Conditions. 12. WITHDRAWAL OF BID-The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or its property 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 intedineations,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 Notice to Proceed and the provisions of the Technical Specifications for"Beginning and Completion of the Work"in Section entitled Summary of Work. 15. SUBSTITUTE OR"OR-EQUAL"ITEMS-The Work,if awarded,will be on the basis of materials and equipment described in the Drawings or specified in the Technical Specifications without consideration of possible substitute or"or-equal"items. Whenever it is indicated in the Drawings or specified in the Technical Specifications that a substitute or"or-equal" item of material or equipment may be furnished or used by the Contractor if acceptable to the Engineer, application for such acceptance will not be considered by the Engineer until after the Effective Date of the Agreement. The procedure for submittal of any such application by the Contractor and consideration by the Engineer is set forth in Section entitled: "Contractor Submittals" of the Technical Specifications. 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 INSTRUCTIONS TO BIDDERS i • 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 Bidderwill,if awarded the Contract,be required to secure the payment of compensation to its employees and execute the Workers Compensation Certification. 19. LOCAL BUSINESS PROMOTION: (a) In determining the lowest responsible Bidder, the following provisions of Section 3.12.205 of the City of Palm Springs Municipal Code shall be applied to a Bid submitted by a local business enterprise or contractor: For any contract for services, including construction services,a reciprocal preference shall be given as against a non-local business enterprise contractor from any state, county or city that gives or requires a preference to contractors from that entity in award of its service contracts. The amount of the reciprocal preference shall be equal to the amount of the preference applied by the entity in which the non-local business enterprise contractor is based as against the Bid of a City of Palm Springs contractor. (b) For all contract Bids proposing sub-contractors: (1) The prime contractor shall use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises, and to sub-contract services to businesses whose work force resides within the Coachella Valley('local subcontractor). (2) The prime contractor shall submit evidence of such good faith efforts at the time of submission of Bids. Good faith efforts may be evidenced by placing advertisements inviting proposals in local newspapers,sending requests for proposals to local subcontractors,or by demonstrating that no local subcontractors are qualified to perform the work or supply the materials or equipment. (3) Any notice inviting Bids which may require the use of sub-contractors shall include notification of this subdivision. (4) The City may reject as non-responsive the Bid of any contractor proposing to use sub- contractors that fails to comply with the requirements of this subdivision. END OF INSTRUCTIONS TO BIDDERS- INSTRUCTIONS TO BIDDERS CITY OF PALM SPRINGS ENGINEERING DEPARTMENT 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 Work SECTION 7 - Responsibility of Contractor APPENDIX - DRAWING - Foundation Base for Single Street Light PART II - SPECIAL PROVISIONS GENERAL CONTENTS CITY OF PALM SPRINGS • SPECIAL PROVISIONS 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 suppleinents, addeif)ia; " " iid' ' � �}` signs" ther"e'f ` :`'t.`' Special. Provisions., and the Standard 'hlan's identified in: --the- Special. Appendix, insofar as the same.gtay.Japply'tb;'' and' be ' in: accordance with' 'th& .fallowing Specia. .ro-Visions`.:' 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. , City Engineer, City of Palm Springs, Engineering Department, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, or such other address as the Engineer may subsequently designate in writing to the Contractor. .1-2 .3 Legal address of the City' s Project Representative. - The name and address of the City' s designated Project Representative shall be Engineering Field Supervisor, City of Palm Springs, 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. TERMS, DEFINITIONS,ABBREVIATIONS,AND SYMBOLS SPECIAL PROVISIONS-SECTION 7 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 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 530159.85, to be paid to the City or to be deducted from any payments.due, onto 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 Palm Springs Youth Center. - END OF SECTION - TERMS, DEFINITIONS,ABBREVIATIONS,AND SYMBOLS SPECIAL PROVISIONS-SECTION 1 SECTA -- SCOPE AND CONTROL OF ORK 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. As set .forth in: the agreement, the. Contractor shall pay- to ,the city, as liquidated' -damages' the sum set forth in the Agreement- per. day for `each"and every calendar day Is .delay -in finishing `the Wprk in excess of the number of work rig. days: grescribed .abo . 2-2 BONDING .CgI'P NY .W LMR OF RIGHT. OF NOTIFICATION The following shall be added at the end of Section 2-A of the Standard,SpeeifiCations: "The Contractor shall ensure that its Bond ing 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 modificat ions 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 represeptatives.^ 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: SCOPE AND CONTROL OF WORK SPECIAL PROVISIONS-SECTION 2 • 1 0 1 . Change Orders or Work Change Directives 2 Agreement 3 Addenda 4 Contractor's Bid (Bid Forms) S. Special Provisions 6 . Notice Inviting Bids 7 Instructions to Bidders 8. Plans (Contract Drawings) 9. Standard Plans 10. Standard Specifications 11. Reference Documents With reference to the Drawings, the order of precedence shall be as follows : 1. Figures .govern over scaled dimensions 2. Detail drawings govern over general dr awings 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 : 02-7.1 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 DOCUUMENT&. The Contractor may rely upon' the general accuracy of the ."technical data" contained in such reports. and drawings . only where such "technical .data" are. ."specifically identified. in the Special Provisions: Except. for 'such'reliance, on such ."technical data," the Contractor may not* rely upon or* make- any claim against .the City, the Engineer,. :nor'. any . of..the Engineer's Consultants with respect to any of the following: 2-7.1.1. Completeness. - The completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety - precautions and programs incident thereto, or 2-7.1.2. Other Information. - Any other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings, or 2-7.1.3. Interpretation. - Any interpretation by the - Contractor of such "techn ical data, " or any conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. " SCOPE AND CONTROL OF WORK SPECIAL PROVISIONS-SECTION 2 0 0 2-5 TEMPORARY ACCESS OR CONSTRUCTION RIGHTS-OF-WAY Unless indicated otherwise, all temporary access or construction rights-of-way, other than those shown on the Plans , which the Contractor may find it requires during progress of the Work, shall be arranged by and paid for entirely by the Contractor, at its own expense . 2-6 PROTECTION OF SURVEY MONUMENTS It shall be the Contractor' s responsibility to protect all the existing survey monuments, bench marks, survey marks and stakes. Removal of such monuments, or displacement thereof, shall require their resetting per City requirements, including corner record filing, for the existing type of monument in question at the Contractor' s expense. Any existing monument shall not be disturbed. The Engineer will maintain .a survey location check on the monument without cost to the Contractor. The Contractor is advised that any resetting .gf monuments will be "performed by 'the. Engineer Should .the- Contracto`r.:_ pt,icapate_ . the rern6va2` Of" any survey` ,monuments; , }k" $#ial ;'_ notify ;_,the Engineer prior``to_ removal: The Contractor, sha3 ;,lip ,£i:na4icially respons'-ble-for .reinstalling:' the existing,.th6tWtdeiit":well,:'azid >rhe Engineer" will 'reset the monument.. ...... 2-7 SURVEYING All construction staking and field marking for job limits, saw- cut lines,` elevations, excavation and embankment, Horizontal, control, etc. ; will be provided by .the'Engi.neer " 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 prpmptly. 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 SCOPE AND CONTROL OF WORK SPECIAL PROVISIONS-SECTION 2 workmanship are in'�accordance with the Splocifications, 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. 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 arisingfrom 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 ;1 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 Is 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 Preconstruction Conference and must meet the approval of the Engineer before any payments can be made to the Contractor. - END OF SECTION - SCOPE AND CONTROL OF WORK SPECIAL PROVISIONS-SECTION 2 &TION 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 of for overhead and profit of for extra work referenced in subparagraph 3-3 . 2 . 3 of the 1997 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) Mater-iAls 1:5 percent 3) Equipment rental 15 percent 4) Other items and.expenditures 15zperoeril .. 5) SUboantxaets='(clef:'tier�onlyj ;:,.n .5r+.percerit.. .. �, - . , 6) lower"t1er, subcon'tractot's a _ iznone �.+: - - To the sum of the costs' and : markups . provided for in this subsect.ion-, idkcept-..f6ri-klabor, otebpercdrit-,,`sIhall ;be �added as compensation for bonding: 3-2.2 sC.oatxact -.Unit .Tricest ;The .provisions .of=Subsection= 3- 2 i 1 of tie -Standard. SpeC* if�ications. '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 percent, the work in excess of 125 percent of such estimate CHANGES IN WORK SPECIAL PROVISIONS-SECTION 3 and not covered 0 an executed contractolhnnqe Ordei specifying the compensation to he paid thetelo4 will hr 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, 6f 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 iri said price if he so elects, :except that an adjustment will. be made if requested in writing by the Contractor. 3-2.2.1(e) Decreases .of More. Than 25 Percent on Unit Price icontractsC on 'unit price contracts, `shqulel the'.' total pay quantity of any item of work required under the contract be less than 75 percent of the EngineerIs -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 $rice 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 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 CHANGES IN WORK SPECIAL PROVISIONS-SECTION 3 provided, of thootal pay quantity of theOtem, 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 o£ 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 - CHANGES IN WORK SPECIAL PROVISIONS-SECTION 3 SPION 4 -- CONTROL OF MATERA 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, propri@tary, 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; .tM'.time for- submission of. data substantiating a requeat fox substitution of an` "or equal"item shall%'be not more"Ehan `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 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 CONTROL OF MATERIALS SPECIAL PROVISIONS-SECTION 4 accepted by said veor (s) within 15 working do, from the date of said award of Contract . 4 .3 MATERIALS TESTING 4-3 . 1 Inspections . - Materials and compaction testing will be provided by the Engineer. Re-testing of materials and compaction, if not passing initial testing, shall be arranged and paid for by the Contractor. END OF SECTION - CONTROL OF MATERIALS SPECIAL PROVISIONS-SECTION 4 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 main7 or trunkline utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for ]bids . The agency will compensate the Contractor for the costs of locating, repairing damage not due . to the failure of the Contractor to exercise reasonable' care, and removing _ or relocating such utility facilities riot indicated in :the plans.%arid specifications with reasoha�ile accuracy, and for 'equipment on the project ` ne'cessa7y '`ialed during such work; The Contractor shall not be assessed 'liquidated damages for- delay in completion :of :the project,'when siicfi °delay-'was :caused by 'e e :-"fa lu'-e:.'of`the ':pulilic agency"or• tS -owner":o'f."tHe"=ut 3 E 'r=t`o`.provide for reinoval- or relocation of. such ut3li=ty facilities. Nothing herein shall be deemed to require the public agency to . indicate the presence of .'existing service laterals or appurtenances ' whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve the public agency from identifying main or trunk lines in the plans and specifications . If the Contractor while performing the contract discovers utility facilities not identified by the public agency in the contract plans or specifications, he or she shall immediately notify the public agency and utility in writing. The public utility, where they are the owner, shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such UTILITIES SPECIAL PROVISIONS-SECTION repairs or reloWon work at a reasonable 401ce . " (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 backf ill and .compaction„ etc. , shall be per the utility owner's requirements. The Contractor shall contact the utility bwner 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 1-800-422-4133 a minimum of 2 working days prior to any excavation in the vicinity of any potentially existing underground facilities in order to verify the location of all utilities prior to the commencement of the Work. The Contractor shall be responsible for coordinating its work with all utility companies during the construction of the Work. All water meters, water valves, fire hydrants, Southern California Edison vaults, General Telephone vaults, Southern California Gas Company valves, and other subsurface structures UTILITIES SPECIAL PROVISIONS-SECTION 5 shall be protected the Contractor as specified in the Special Provisions . - END OF SECTION - UTILITIES SPECIAL PROVISIONS-SECTION 5 SECTION 6 -- PROSPUTION, PROGRESS, AND ACCENIANCE 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 bnly and is not guaranteed to'be complete or correct : CITY OF PALM SPRINGS Tom Cartwright, Engineering Field Supervisor (760) 323-8253 Sherman Ferguson, Streets .Maintenance Supervisor (760) 323-9167 Dave Barakian, City Engineer (760) 323-8253 GENERAL TELEPHONE COMPANY Attention.: Mr . Bill Morrow (760) 778-3627 DESERT WATER AGENCY Attention: Mr. Woody Adams (760) 323-4971 SOUTHERN CALIFORNIA EDISON COMPANY Attention: Mr. Garry Dean (760) 202-4257 SOUTHERN CALIFORNIA GAS COMPANY Attention: Rich Isaacs (909) 335-7772 TIME-WARNER CABLE Attention: Mr. Michael Sagona (760) 778-3400 WHITEWATER MUTUAL PROSECUTION,PROGRESS, AND ACCEPTANCE OF THE WORK SPECIAL PROVISIONS-SECTION 6 Attention: Mr S OCIark • (760) 3 2 5 -5 8 8 0 SPRINT Attention: Mr. Lynn Durrett (909) 874 -7450 UNDERGROUND SERVICE ALERT (800) 422-4133 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, AND ACCEPTANCE OF THE WORK SPECIAL PROVISIONS-SECTION 6 SECTIMI 7 -- RESPONSIBILITIES OF THANTRACTOR 7-1 LAWS TO BE OBSERVED 7-1 . General . - The provisions of Section 7-13 of the Standard Specifications shall be revised to read as -follows : "The Contractor shall keep itself fully informed of all existing and future State and Federal laws, and county and municipal ordinances and regulations, which in any manner affect those engaged or. employed in the Work, or the materials used in the Work, or which in any way affect the conduct of the Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. He or she shall at all times observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any or all authority over the Work, and shall indemnify the City and all officers and employees thereof connected-with .the Work, including, but not limited to, the'- Director of -Public Works and the City.. Engineer;, against any claim 'or liability arising, from, or--based: on; :.the violation.fof.:.any- such. law, ordinance, 7.reigulatiorxi 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, -regii3atiofi order," or ' decree, the Contractor shall forthwith report .the same. to the -Engineer.in writing.a'- • 7-2 INSURANCE AMOUNTS The insurance provided by the CONTRACTOR hereunder shall be (1) with companies licensed to do business in the state of California, (2) with companies with a Best's Financial Rating of VII or better, and (3) with companies with a Best ' s General Policy Policyholders Rating of not less than A, except that in case. of Worker's Compensation Insurance, participation in, the State Fund, where applicable, is acceptable. 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 RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS-SECTION 7 2 . Compronsive General Liability: 0 a) Bodily Injury (Including completed operations and products liability and wrongful death) : $ 11000, 000 Each Occurrence $ 11000, 000 Annual Aggregate Property Damage : $ 11000, 000 Each Occurrence $ 11000, 000 Annual Aggregate b) Property damage liability insurance will provide explosion, collapse, and underground coverages where applicable. c) Personal injury, with employment exclusion deleted: $1, 000, 000 Annual Aggregate 3 . Comprehensive Automobile Liability: a) Bodily Injury (Including wrongful death) : $1, 000, 000 Each Person $1, 000, 000 Each Occurrence b) Property Damage $1, 000, 000 Each Occurrence Or a combined single limit of $1, 000, 000 7-4 PERMITS 7-4.1 Business License. The Contractor and all of its, j subcontractors shall possess a current City business license I 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 i Springs prior to commencement of work. The Business License can be obtained from the City of Palm Springs, Business License Office, 3200 Tahquitz Canyon Way, Palm Springs, CA. 92262 , (760) 323-8289 . 7-4 .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. END OF SECTION - RESPONSIBILITIES OF THE CONTRACTOR SPECIAL PROVISIONS-SECTION 7 COT F S ALL ([Ixa PEAC[Cp Asff EARTH suCFA0E3 HALL rr "fVCLNdf EESS fHlx )• CUNCk OVCp ALL NCIXFORCWO rx 24 OALV. STL. .•.NCMOR BOLTS. Z• W(C, SIIALL HAVE A MN, CONWRgCHVE ITNCNOTH OP -• 2000 ril THOATS, 1. ALL ANCHOR OOL'IS SHALL IC ASTY A30T CENT •1• I t-4.I/2' MOLT ClaCLE AIIOWR IOLrS.FCLCIX ICNOGNO NOr PCQNTTEO f i URU AS SHOWN STEEL LO ICHOWOONOTCf ER4RT[D. �'— .33NCHO VO DALYrS.14 STEEL �•I/8" . ' 'fiNCHOA' EOLTS�.I�EaI. ANCHOR BOLT PLACEFMEW lei No. 5 6AR9 4^ _ _OVER CAP ALL SWEEPS DECORATIVE STREET L10 TI • L1/22 CONDUI# OR DECO? DUMMY POSrt 2 PER'LOCA IONI NO. 5 TIES A 12—D.C. Z••6. I FOUNDATION PLAN I DRYPACK LEVELWa COURSE W% TROWELED tr VELEO CODE.' prooRATIVE. STREET oaH71 DIV 300.KOH.OVMMY POST! TOP-OP SIOEWALK �. 3/+ X.Z,`t QQALV. STEEL I/2' CDHD,VIT ANOHOR 9OLTS MEAT 1• 12 PER LOCATION, L J " AP. ALL,SWEEPS' NO, 3 TIES 2{ b 12' O.C. . a tr' ^,. 1 yN - NO 3 BARS1. ' Y J 3" 0. 3 TIES 0 12• O,C. ANCHOR BOLT OEfAL CROSS SECTION IS I,d61E FOUNDATION BASE.FOR .STREET LIGHT N.T.S. APPENDIX Foundation Base for Single Street Light r NQTF- 10-1/4" t ALL Oxq r`Ac[p offµST EARTH iVMiAC[i {HtiLL ��. �i PAK NVECASs i4N ) EOVCY OVER ALL 'A INFO CW0 3JGj0R 4' S. STL, i C[L ANCHOR tlUL TS. i• L';0 . SHALL ;JJ D A NW, COµI'RiliIVE STR(HOTR'OF -• toob ru � 7iI.pATi. . ' p0 q. ALL ANCJIOR BOUT& VIA" CE Aitp ACQT 1(NT 'I• I —Od/2' BOLT CIPICLE AlmlioR \ot Ti. FCLCG,ICHWG Not PCsw TTCO RCWFORONM iTCE4 1111. IC AITNf1f ORAOC'1ART.. 1 SREO All SHOWN ALLOW PCLO 110% NOT PERUITTER' R.I/Q•' "S.NCNOH?BOLTS Lh E STEEL Il ANCHOR DOLT PLACEMENT lol No, 5 OAR'S �- '/ _ = COVER 4 CAP ALL SWEEPSh? DECORATIVE STREET LIO�T _ OR 30P 'H{OH'OUNMY Po57.1 • 14/zz• CONDUI'[ 2 PER'LOCA IONI ' N0. 5 TIES a 12, O.C. FCUNOATK)N PLAN ORYPACK LEVELWG COURSE DECORATIVE STREET 1.IOHTI W/' TROWELED BEVELED EDGE. OR: 3p"HIOH'.0171.i1dY POST: TOP OF SIDEWALK T II 3�4• x.ZZ. t gLV. STEEL \ I ANCHOR 'BOLTS MEAT 1.11.21 CONW111 @ PER LOCATIONI L J AP. ACL.1SWEEPS Al NO 12. 0., 3 TIEB Y21 i . � . N NG, 5 BARS: J 1 3 3 TIES a 12• O,C. ANCHOR BOLT OETAIL CROSS sECrnON {=OUNDAl10N BASE FOR STREET LIGHT _ N.T.S. i �/�`.:A ,she I A y1 �y1`y i1.:1.. ACORD,n A �VI F Y FJI� �R I . �1�141M ...:.I DATE 1122/0/1 :. 1/22/01 .. PRODUCER 402 861-7000 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION THE HARRY A. KOCH CO. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO BOX 45279 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. OMAHA NE 68145-0279 COMPANIES AFFORDING COVERAGE cDMPanly A LLOYDS OF LONDON INSURED COMPANY James E. Simon Co. B TRAVELERS PROPERTY CASUALTY P.O. Box 10990 COMPANY Indio CA 92202 C RLI INSURANCE COMPANY COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE IMM/DD/YY) DATE IMM/DD/YV) A GENERAL LIABILITY CN00002010 3/01/00 3/01/01 GENERAL AGGREGATE 5 2000000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG S 1D00000 CLAIMS MADE I OCCUR PERSONAL&ADV INJURY S 1000000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1000000 FIRE DAMAGE(AP,one fire) S 50000 MED ENE IAw one person) S B AUTOMOBILE LIABILITY 81038OK9344 3/01/00 3/01/01 COMBINED SINGLE LIMIT 5 X ANY AUTO 1000000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY S X NON-OWNED AUTOS (Per s.eitlent) PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY. EACH ACCIDENT $ AGGREGATE S C EXCESS LIABILITY OUL0045499 3/01/00 3/01/01 EACH OCCURRENCE $ 5000000 UMBRELLA FORM AGGREGATE $ 5000000 X OTHER THAN UMBRELLA FORM S WC STATU- OTH- WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY EL EACH ACCIDENT S THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE EXCL EL DISEASE-EA EMPLOYEE S OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Addl Insured (GL): City of Palm Springs Project: Installation of 3 Decorative Street Lights, IFB 01-12, A413C SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF PALM SPRINGS EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL%ELA76AStblf%SfI4 MAIL ATTN: PATRICIA SANDERS 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, P.O. BOX 2743 Bur aEaDtuRE xncx�mxaucwxaamastasdteoxxua;eutsx:�atlauxu PALM SPRINGS, CA 92263-2743 AUTHORIZE EPRESENTATIV ACG?:R1�".�5-$:{�185> , ',. a 23': ' o CflRO G4R1't1F?ATItlN 9:9�8