The URL can be used to link to this page

Home My WebLink About04575 - HMS CONSTRUCTION TRAFFIC SIGNAL LOOP MO7170 CITY OF PALM SPRINGS CALIFORNIA P.O.Box 2743,Palm Springs,California 92263,(760)323-8253 Department of Public Works and Engineering NOTICE OF ACTION FOR: ■PUBLIC AND/OR ❑PRIVATE IMPROVEMENTS TO HMS Construction,Inc. ACCEPTANCE DATE: February 21,2003 1225 Linda Vista Drive PROJECT: CP#01-22,Citywide Traffic San Marcus,CA 92069 Signal Loop Replacement AGREEMENT NO. 4575 MINUTE ORDER NO. 7170 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 Pavinl! S.F. Street Paving SY Sidewalks S.F. Sidewalks S F. Driveway Approaches S.F. Driveway Approaches S.F. Bike Paths S.F. Bike Paths S F Sewer Mains L.F. Sewer Mains L.F. Sewer-Laterals L.F. Sewer Laterals LF Sewer Manholes EA. Sewer Manholes EA. Storm Drains L.F. Storm Drains L.F. Survey Monuments EA. Survey Monuments EA. Lighting/Landscaping L S. Loop Replacement 177 Ea. Location,Ramon Road Corridor,Sunrise Way Corridor and Palm Canyon Drive Corridor P.S.Drawing No(s). Specifications Permit No. 12885 Contractor(s)actually doing the work HMS Construction,Inc. Notify your bonding company/bank to release the following bonds No. 6124886 in the amount of $47,906.00 Performance 3[10(ay No. 6124886 in the amount of $47,906.00 Payment —q-La[a3— No. in the amount of $ Monuments No, in the amount of $ Maintenance Security No in the amount of $ Correction&Repair Construction bond in the amount of $ for Engineer: CITY ENGINEER Bond Co./Bank: Safeco Insurance Comnanv of America Comments:FINAL CONTRACT AMOUNT: S 47,109.25 Submitted by 14A�---- Dated: -K-03 Engineering Field Supervisor Approved by. Dated: 09) Director of Public Works/City Engineer Distribution:Original to Engineering Project File;Copies to Addressee, City Clerk,Engineering File,Engineering Field Supervisor,Building,and Facilities Index No. 0219 CITY OF PALM SPRINGS CONTRACT CHANGE ORDER To: HMS Construction, Inc. Date: March 11,2002 1225 Linda Vista Drive Project No.: C.P.01-22 Temecula, CA 92590 Project Name: Citywide Traffic Signal Loop Replacement Change Order No.: One(1) Attn: Jeff Summer Prolect Manager Contract Purchase No.: 316166 Account Number(s): 4298-50203 Agr.#4575 M.O. #7170 Res. # A. CHANGES IN WORK: Increase to Contract Bid Item (New)-Schedule A- Ramon Road Corridor: Item Description A Provide and Install additional conduit, loop cable and pullboxes for advance loops at Ramon Road and Crossley Road Decrease to Contract Bid Item -Schedule A-Ramon Road Corridor: Item Description 2 Install Type E Loop Detector Decrease to Contract Bid Item-Schedule B-Sunrise Way Corridor: Item Description 2 Install Type E Loop Detector Decrease to Contract Bid Item-Schedule C-Palm Canyon Drive Corridor: Item Description 2 Install Type E Loop Detector B. CHANGES IN CONTRACT COST: Increase to Contract Bid Item (New)-Schedule A: Item Description A Provide and Install additional conduit, loop cable Agreed Amount $2,110.25 and pullboxes for advance loops Decrease to Contract Bid Item -Schedule A-Ramon Road Corridor: Item Description 2 Install Type E Loop Detector 3 each @$239.00 ($ 717.00) Decrease to Contract Bid Item -Schedule B-Sunrise Way Corridor: Item Description 2 Install Type E Loop Detector 3 each @$244.00 ($ 732.00) Decrease to Contract Bid Item -Schedule C- Palm Canyon Drive Corridor: Item Description 2 Install Type E Loop Detector 6 each @$243.00 ($ 1,458.00) TOTAL < CREDIT > CHANGE ORDER = ($ 796.25) NOTE: No additional markup will be added to any items in this Contract Change Order. All cost per each item are final. C. REASON FOR CHANGE: Quantities for loop replacement were less than contract estimate for all bid schedules. Both the Contractor and the City Inspector agreed on final quantities. :Ilu'r OiJSI(?lJ(,;TIOa'l, dP1C. 1Sf"AO'; 2 6, 20U i March 11, 2003 City Project 01-22 Citywide Traffic Signal Loop Replacement Change Order No. One (1) Page 2 Of 2 Continued, C, REASON FOR CHANGE: In Bid Schedule A, Ramon Road Corridor, no pullbox and conduit was found to complete the installation of the loop detectors for north bound thru advance loops at the intersection of Ramon Road and Crossley Road. Per the recommendation of the Director of Public Works/ City Engineer, the contractor shall install 1 in. rigid steel conduit, along the west side of Crossley Road, west of existing sidewalk, including stub-out, sweeps for 2 pullboxes and loop cable necessary to complete the work. The amount was agreed upon by both the City Inspector and the Contractor. D.SOURCE OF FUNDS: Credit Account No. 4298-50203 ($ 796.25) Summary of Costs Contract Time Original Contract Amount: $ 47,906.00 Original Completion Date: Feb.27, 2003 This Change Order: ($ 796.25) Days Added for this C.C.O.: 0 Previous Change Order(s): $ 0.00 Previous Days Added: 0 Revised Contract Amount: $ 47,109.75 Revised Completion Date: Feb.27,2003 I have received a copy of this C ge Order and the City Approval: Ayk above AGR PRICES are eptable to thee7Ycontractor Submitted ByinSupervisor Date P Field Enginee/ring Supervisor By Approved By / OU'L- Date Title V G� �� Director of Publ' Works/City Engineer Date Approved by Date Manager Distribution: Original Conformed Copies Conformed-File Copy Engineering (1) Engineering File (1) Finance (1) Engineering Field Inspector (1) Contractor (1) Engineering Field Supervisor (1) City Clerk (1) Purchasing Agent (1) d `6wti� DOC a 2003-156581 03/10/2003 08:00A Fee:NC Page 1 of 1 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk G Recorder yS I IIIIII IIIII IIII III III IIII II IIIII II IIIII IIII III "v Recording Requested By And When Recorded Return To: m S U PAGE SIZE SA PCOR NOCOR SMF MISc City of Palm Springs I I i Attn: City Clerk P.O. Box 2743 Palm Springs, CA 92263-2743 A R COPY LONG REFUND NCHG �14z'/M (EXEMPT FROM RECORDING FEE PER GOV.CODE§6103) NOTICE OF COMPLETION C � mm NOTICE IS HEREBY given that: 1. The City of Palm Springs, California, is a municipal corporation, organized and incorporated pursuant to the laws of the State of California. 2. The City Clerk of the City of Palm Springs is authorized and directed to execute, on behalf of said City,any and all Notices of Completion. 3. The address of the City of Palm Springs is City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California (P.O. Box 2743, Palm Springs, CA 92263-2743). 4. The public work of improvement on the hereinafter referred to real property within the city was COMPLETED on the 7" day of February, 2003. 5. The name of the contractor (if named) for such work of improvement was: HMS Construction, Inc., 1225 Linda Vista Drive, San Marcus, CA 92069. 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: Citywide Traffic Signal Loop Replacement. 7. The property address or location of said property is: Ramon Road Corridor, Sunrise Way Corridor&Pahn Canyon Drive Corridor. 8. City Project No. 01-22, Agreement Number: 4575, Minute Order Number: 7170 CITY OF PALM SPLNGS:REVIEWED BY: 'k-- DATED: 3 ' 9 °F-) BY: ° J DATED: Director of Public Works/City Engineer David J. Barakian PATRICIA A. SANDERS, being duly sworn, says: That she is the City Clerk of the aforesaid City of Palm Springs, California, the corporation that executed the foregoing notice; that she makes this verification on behalf of said corporation; that she has read the foregoing Notice of Completion, and knows the contents thereof, and that the facts stated therein are true- that as said City Clerk, she makes this verification on behalf of said municipal corporation. L City C erk L-Patricia A. Sanders WP:clr/ =02 Index No. 1902 HMS Construction ( Traffic Signal Loop AGREEMENT #4575 / > M07170, 10-2-02 — - AGREEMENT JJ THIS AGREEMENT made this � �j� -} day of ./L!_0F='7L jam_ in the year 200'�by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and HMS CONSTRUCTION, INC. hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth,agree as follows: ARTICLE 1 --THE WORK The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the City's Contract Documents entitled: CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT CITY PROJECT 01-22 The Work is generally described as follows: Replacement of existing inductive loop detectors for traffic signal vehicle detection at various locations including saw cutting asphalt concrete pavement, installation of detector cable and associated equipment;installation of new conduit for detector lead- in cables(where required); and all appurtenant work. ARTICLE 2--COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement,and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof,the City and the Contractor agree that as liquidated damages or delay(but not as a penalty), the Contractor shall pay the City the sum of $425.00 for each calendar day that expires after the time specified in Article 2, herein. ARTICLE 3--CONTRACT PRICE The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid and Bid Schedule) ARTICLE 4--THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid Band, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers O to 0 , inclusive, and all Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. 7 i li CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT PROJECT AGREEMENT FORM PROJECT NO.01-22 AGREEMENT AND BONDS -PAGE 1 8/21/02 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 he 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 become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. ATTEST: OF PALM S,CALIFORNIA / APPROVED BY THE CITY COUNCIL: By ✓1,Pa-�-+� eL�'�' /t5�Minute Order No. Date City Clerk Agreement No. APPROVED AS TO FORM: By A 14f�``l s Date Agreement over/under $25,000 CONTENTS APPROVED: Reviewed and approved by GProcurement& Contracting By— yyffffl^ City Engineer InitlaiS hSw4�'re,+ Date P 7 P.O. Number Date BY City Manager wE% Date CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT PROJECT AGREEMENT FORM PROJECT NO.01-22 AGREEMENT AND BONDS - PAGE 2 8/21102 CONTRACTOR: \ (Check one:_individual,_partnership, of corporation) By gnaNro TARIZEDI Print Name and Title: IL o-,f rl-72 i' By / signature (NOTARIZED) Print Name and Title: I Mailing Address: I /e k\ /.=� �� d1�rvL�i'-➢ r,�/i/ Tea �. }�� C s Date /rc (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 r CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT PROJECT PROJECT NO.01-22 AGREEMENT FORM 8121/02 AGREEMENT AND BONDS - PAGE 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ��'rn^,,�^_,n""-:i^^C> '.` ,^^;�: __" .^^ icy=^ ,%c-;-��^r-,. ^,% . C::;C; o f'�•_^_ �___""'�"�; J State of California s)J ss. n county of SAN DIEGO (p al 10/09/02 I-�ATHLEEN KASITZ, NOTARY PUBLIC �3 On before me, � Dale Nome and Title of Officer(e.g,"Jane Doe,Notary Public") personally appeared MICHAEL HIGI-I G Nann.v).1 Caroni) .� <<{ ❑personally known to me , s• ❑ proved to me on the basis of satisfactory ,>I <t`)� evidence "1 u to be the person(s) whose name(s) is/are C' subscribed to the within instrument and acknowledged to me that he/she/they executed tin �• the same in his/her/their authorized n �L capacity(ies), and that by his/her/their Al signature(s) on the instrument the persorl or )j II,; „a,,_. � ;•�.,, .3�,,,._r,��1--„ -�a .�;� the entity upon behalf of which the person(s) ,al f(� KATNLEFN I:i15ITZ � acted, executed the instrument. f"""�';4 Commission# 121&571 ,> NotaryPublic-California WITNESVmhaand official_sea• San DtEgO County � (� /•�•�Q•,?�•d`'�° �-iT�1Sl�f - 9ignalure of lary ubli ;�l (J p)1 my Col Ept-Ls May �C OPTIONAL �l Though the information below 1s not required by law,it may prove valuable to persons relying on the document and could prevent I'�I fraudulent removal and reattachment of this form to another document. QI c, Description of Attached Document sn Title orT a of Document:AGREEMENT—CITY OF PAI M CP i (S� Type r¢_nRnr 9-01_90 �I Document Date: 10/09/02 Number of Pages: 9 IG; Signer(s)Other Than Named Above: ��,� (1 Capacity(ies) Claimed by Signer k `I MICHAEL HIGH ;m It;l Signer's Name: ❑ Indlividual Top of thumb here Of xi (� B Corporate Officer—Title(s): PRFCTIIR] TISECRETARy ISZ ❑ Partner—❑ Limited ❑ General f6 ❑ Attorney-in-Fact �U ;Q ❑ Trustee dxl ❑ Guardian or Conservator IS)1 El Other: P o %> HMS CONSTRUCTION INC. Signer Is Representing: Ali ',:,�=�:•''„Vr�;;ii„✓;✓`;'�_ _'T,,,v�_-�_,i..,;.,,_,�„—_,-�„or.^�=%`:=;;G��ce „=;J:�9w3'. �`��`..>�,-r�Y"-`r;'��"%�.��? 91999 National Notery Acc.umawn•9360 Do Soto Ave.,P.O Box 2402•Ch bl vodb,CA 91313-2402•www nalionalawary org Prod.No.5907 Reorder Gall TOIFPree 1 800876 6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT (6, i ub , I(�s1 State of California �i)) County of SAN DIEGO ss n °1 10/09/02 KATHLEEN KASITZ, NOTARY PUBLIC j On before me, Date Name and The of Officer(a g, Jane Doe,Notary Publm") � RONALD SCHNEIDER �l<'• personally appeared > k; Namols)ol9lgner(s) „'�� << ❑personally known to me El proved to me on the basis of satisfactory I c, evidence >� sI to be the person(s) whose name(s) is/area subscribed to the within instrument and (11 < acknowledged to me that he/she/they executed �» the same in his/her/their authorized �j capaclty(ies), and that by his/her/their jl )(� signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) IL; l� K.ATHIrFfd KRSITZ acted, executed the instrument. N11 LI � v ._. Commission;T 1218571 )i Notary Public-Caiifomia WITNESS my hand and official ,,)I San Diego County <3,t sl9nalere of Nola PuK6 / ) '�1 OPTIONAL f 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 s� Description of Attached Document �)> ill Title or Type of Document: AGREEMENT—C'TTY OF PAT M ¢PR TNI(T-_PR nT�g � Document Date: 10 09/02 Number of Pages: 9 ti s- �� Signer(s) Other Than Named Above: h)' < Capacity(ies) Claimed by Signer RONALD SCHNEIDER <, Signer's Name: ?, ❑ Individual Top or thumb bare ;ol Ut orporateOfficer—Title(s): SLUE PRESIDENT' r ❑ Partner—❑ Limited ❑General j] t ❑ Attorney-in-Fact ti ❑ Trustee j � ❑ Guardian or Conservator al C; ❑ Other: HMS CONSTRUCTION, INC. i IS Signer Is Representing: 01999 Nallonal Notary Association-9350 De Soto Ave,P.O.Box 2402•Chalswodh,CA 913132402•www nallonalnclaryorg Prod.No 5907 aearder Call Toll Free 1-8008766827 Bond Number: 6124886 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That FAR rnnsfrnr•tinn inn- as Contractor, And RafF+ n Tnsiiranna fmm�any of America as Surety, are held firmly bound unto the City of Palm prings, a charter city,organized and existing In the County of Riverside,California,hereinafter called the'City,"in the sum of: Forty seven thousand nine hundred and six ---------------- dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,successors,and assigns,jointly and severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter imo the annexed Agreement with said City to perform the Work as specified w indicated in the Contract Documents entitled: CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT CITY PROJECT 01-22 NOW THEREFORE,if said Contractor shall perform all the requirements of said Contract Documents required to be performed on its part,at the times and in the manner specified herein,then this obligation shall be null and void,otherwise it shall remain in full force and effect. PROVIDED, that any alterations In the Work to be done or the materials to be furnished, or changes in the time of completion,which may be made Pursuant to the terns of said Contract Documents,shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said Contractor or said Surety, and notice of ouch alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED,this 7th day of October , 2062 . CONTRACTOR: SURETY: .. - Safeco InsurahCe izirr _-hy HMS Construction, Inc. (Chock one: individual, _partnership,corporation) By Ry Jo�eph A. Clarkn,_.ILf. rrce ttorney-In-Fact aneturt (SEAL—AND No ACKNOWLEDGMENT OTARIZED) OF SURETY) Print Name and Title: / f BY r cianaturc (NOTARIZED) Print Name and Title: (Corporations require Iwo sigruwres: one from each of the hao its groups:A.Chairman of Board.President,or any Vice President AND 8. Secretary, Assistant Sauevvy, Treasurer. AssRuent Treasurer, or Chief Financial Dll,carl. CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT PROJECT PROJECT NO.01-22 PERFORMANCE BOND 8121)02 AGREEMENT AND BONDS-PAGE S Bond Number: 6124866 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That HMS CONSTRUCTION INC, as Contractor, And Safeco Insurance Company of America as Surety, are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the County of Riverside, State of California,hereinafter called the"City,'in the sum of: Forty seven thousand nine hundred and six -------------------------------Tollaro, for the payment of which sum wcll and truly to be mode, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and sevefolly,firmly by these presents. WHEREAS, said Contractor has been awarded and is about To enter into the annexed agreement with said City to perform the Work as spccibcd or indicated In the Contract Documents entitled: CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT PROJECT CITY PROJECT 01.22 NOW THEREFORE, if said Contractor, its subcontractors, its heirs,executors,administrators, successors,or assigns shall fail to pay for any materials, provisions, provender,equipment, or other supplies used in, upon,for, or about the performance of the Work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under The Unemployment Insurance Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 1 S020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions of Title XV, Chapter 7. Sections 32473252, inclusive,of the Civil Coda of the State of California and acts amendatory thereof,and Sections of other Codes of the State of California refereed to therein and acts amendatory thereof, and provided that the persons, companies, or corporations so furnishing said materials, provisions, equipment,or other supplies, appliances, or power used in, upon, for, or about performance of the Work contracted to be executed or performed,or any poison,company,or corporation renting or hiring implements or machinery or power for,or contributing to,said work to be done,or any person who performs work or labor upon the came, or any person who supplies both work and materials therefor, shall have complied with the provisions of said laws, than said surety will pay The same in an amount not exceeding the sum hercinbefore set forth,and also will pay,in case suit is brought upon this bond, a reasonable worney's fee as shah be fixed by the Court. This Bond shall inure to The benefit of any and all persons named in Section 3181 of the Civil Code of the State of CaIHorNa to as to give a right of action to them or Their assigns in any suit brought upon this bond. PROVIDED, That any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said Contractor or said Surety,and notice of said alterations at extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED,this 7th day of October 2002. CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT PROJECT PROJECT NO.01-22 PAYMENT BOND B2l= AGREEMENT AND BONDS-PAGEG CONTRACTOR: _ HMS Construction, Inc. (Check one: i " i 6al,_pa rship, X corporation) By olana (NOT OWED) Print Name and Title: C444F_G_ By eienmwe /0 (NOTARIZED) fp/iqt Name and TTWe: /3 (Corparmio require two signatures; one from each of tho following groups:A. Chedman of Board, Preedent, cr any Vice President.'AND B. S=otary,Anismm Secretary,Treaswer,Assismm Treeswer,or Chief Financial Officetl. SURETY: Safeco Insurance omp f Ar}7erica A. Clarken, III Title" "" "attorney-In-Fact -(SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT PROJECT PROJECT NO.01-22 8121102 PAYMENT BOND AGREEMENT AND BONDS-PAGE 7 CO SURANCE OMPANY F AMERICA S A F E C Or POWER GENERAL INSURANCE COMPANY OFAMERIC GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE: SAFECO PLAZA 131 SEATTLE,WASHINGTON 98185 No. 12599 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby appoint A.CLARKEN,111;(AURA MARY KESSLER;ROSE M.UNRUH;DARLENE R.AMES;ERIN J.BROWN;Phoenix,Arizona*•****************** its true and lawful attorney(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 9th day of August 2002 CHRISTINE MEAD,SECRETARY MIKE MCGAVICK,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ...the President,any Vice President, the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and (III) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,Christine Mead,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify[hat the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation --- __ - this 7th day of October /Oo2 � GoCE o0/M SJ�P�CE COMp9�o CORPORATE SEAL W SEAL A x a� a' 1953 0� In's Of WFSM ��OfYJdSnRR�d CHRISTINE MEAD,SECRETARY 5-0974/SAEF 2/01 ®A registered trademark of SAFECO Corporation 08/12/2002 PDF ARIZONA ALL-PURPOSE ACKNOWLEDGEMENT State of Arizona County of Maricona On October 7, 2002 before Erin J. Brown me, Name of Notary Public personally appeared Joseph A. Clarken, III Name of Signer(s) ® personally known to me - OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the OFFICIP L SEAL � ERIN J. BR NAffi,9 � entity upon behalf of which the person(s) acted, 1 Notary Public-State of Flamm; executed the instrument. 1 MaRiCOPa Cpulri' Y WITNESS m hand and official seal. �My Comm E�iru Apiij Signature of Notary OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Payment &Peformance Bond Title or Type of Doctunent Title(s) ❑ Partner(s) ❑ Limited ❑ General 3 ® Attorney-in-Fact Number of Pages ❑ Trustee(s) ❑ Guardian/Conservator October 7, 2002 ❑ Other: Date of Document SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) Safeco Insurance Company of America Signer(s) Other Than Named Above AZAPACKN.DOC CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT UI A State of California ss. J County of SAN DIEGOol )� c, �C 10/09/02 KATHLEEN KASITZ, NOTARY PUBLIC On before me, Dale Name and Tile of Orders r,Public'')� ( g,"Jena Doe,Noie personally appeared MICHAEI HIGH < Name(a(ei sl9nercel 9 IC ❑personally known to me t e ❑ proved to me on the basis of satisfactory evidence `, JI N to be the persons) whose names) is/are I subscribed to the within instrument and { acknowledged to me that he/she/they executed ?i the same in his/her/their authorized t, capacity(ies), and that by his/her/their )I (( signature(s) on the instrument the person(s), or O3 the entity upon behalf of which the persons) ;9( acted, executed the instrument.t ATHLEE !t SITZ Z S, I, v rl •. t'c nmis.von# 1216571 Z WITNE -tny- nd official seal ,i! �' Piloiary huL511c-Califamd® ' r z .t1 v'Rn Di&jo County `t' fly CnrnmE � A�rn/6,Zt7 _!r `�'r 6gnaiura of Nolery Publlo I� k �C OPTIONAL ICE Though the information below is not required bylaw,it may prove valuable to persons relying on the document and could prevent Q, fraudulent removal and reattachment of this form to another document a "I Description of Attached Document �I <;l > t, Title or Type of Document: PAVMF TTR PFRF(IRMAN( t Rehm itn9_oy_ <<' Document Date: 10 07/02 Number of Pages: 2 ` Signer(s) Other Than Named Above: IG n C Capacity(ies) Claimed by Signer �11 MICHAEL HIGH jl Signer's Name: �> ❑ 1r;Iiviaual rep of thumb here �?il If% orporate Officer—Tltle(s): PELSTTIFNT/SR('E RT A R V Jr Cat ❑ Partner—❑ Limited El General �)I ❑ Attorney-in-Fact �? (S,I ❑ Trustee h}� ❑ Guardian or Conservator i)I ❑ Other: ail i HMS CONSTRUCTION INC. Signer Is Representing: IH ,`.:.� _� _.._, -.,_.. .,-..-_-., ... .._,.._.._.._.,-v_.,-� _.._ ,.�.,_�-�.._..-.,_�✓s_.,''o`=F'o-�✓cam='Y_i:`i9=.,�ti�+ 91999 National Nolary Association•9350 De Solo Are,P.O.B.X2402•Chatoodbb CA013l32402•wwwnallenaeNo,.s Paid Ne5907 Reorder Call roil-Freet-800-3]66627 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r:=:�_;•>�^`?'%:�5,�`_%'t2;:��^ .�_u s?"i u :_^tee:_ ,^=n:;^.—��,_i_^`=a^ _=`'--,.; <: .:._'.^,=e;^:✓-:.;€,<;^.';� `GI » State of California ss. County of SAN DTRGO �)] �N 10/09/02 I�ATHLEEN KASITZ, NOTARY PUBLIC (�> On before me, �) �(�� Data Name and The 01 Officer(e g,"Jane Doe,Nolary Publlc") T T personally appeared R(INAT Tl C('T- TFTTIFR (1' ttt Nama(a)of S,gnegs) :) Elpersonally known to me 0= �h ❑ proved to me on the basis of satisfactory (! evidence `> to be the person(s) whose name(s) is/area subscribed to the within instrument and )1 acknowledged to me that he/she/they executed >� the same in his/her/their authorized %)I capacity(ies), and that by his/her/their it (, signature(s) on the instrument the person(s), or )I the entity upon behalf of which the person(s) �l F`�•� I:a7FILTEN KASITZ acted, executed the instrument. Qj Commission 1218571 z � C=!otcrryPubLc-Cc�Iiiamia a. -)V WITNES d and off icialseffl' Diego Ccu �' •�' / y P"� G ri,m ��*� rAo+,"s,:a''. ( :r-'� Ji S; L^ .� .✓ _ �.. ti!t w�Y�.d. Signature of Oury lump t; .n 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 „JI Description of Attached Document) %^ Title or Type of Document: n YNIE rJ�� FBW,IANG BOND #01 -� �.� Document Date: t n 107/no Number of Pages: -> j o1 Signer(s) Other Than Named Above: � iC )� l Capacity(ies) Claimed by Signer RONALD SCHNEIDER 61 Signer's Name: _ _ > G) ❑ 1�5Lvidaal Top of mDmh here )� PP Corporate Officer—Title(s): N,TTa�PA IQ ❑ Partner—❑ Limited El General 6 ❑ Attorney-in-Fact [fit ❑ Trustee 13 ❑ Guardian or Conservators ❑ Other: HMS CONSTRUCTION, INC. Signer Is Representing ji (hvt.—f..�_J FJ .�.-�e._J J.�J✓ Je✓. .G�1J�!JO'v�C r ... s�::;�'J✓`:�:.:irJ�..�—=':J... y,:✓Cv✓ _ v ©1999 National Notary Association•9350 De Soto Ave,PO Box 2402•Cbalsciam,CA 91313 2402- envesammonal.,o, Plaid.No.5907 beaver Call Tall Free 1-6006766327 WORKER'S COMPENSATION CERTIFICATE (AS REQUIRED BY SECTION 1861 OF THE CALIFORNIA LABOR CODE) I am aware of the provisions of Section 3700 of the California 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 of said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract. Contractor By Title VIC6 A..5,DeivT CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT PROJECT PROJECT NO.01-22 WORKER'S COMPENSATION CERTIFICATE 8/21102 AGREEMENT AND BONDS - PAGE 4 BID DOCUMENTS Only the following listed documents, identified in the lower right corner as "Bid Forms" and reproduced on colored paper, shall be fully executed and submitted with the Bid at the time of opening of Bids. Bid (Proposal) Bid Schedule(s) List of Subcontractors Non-collusion Affidavit Bid Bond (Bid Security Form) Bidder's General Information Failure of a Bidder to fully execute and submit all of the listed documents with the Bid will render a Bid as non-responsive and subject to rejection. CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT CITY PROJECT 01-22 COVER SHEET 8/21/02 BID FORMS-PAGE 1 BID BID TO: CITY OF PALM SPRINGS, CALIFORNIA The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City in the form included in the Contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled: CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT CITY PROJECT 01-22 Bidder accepts all of the terms and conditions of the Contract Documents,including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders,and will furnish the insurance certificates, Payment Bond, Performance Bond, and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged): Number /VaAhe I Date Number Date Number Date Number Date Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of California Labor Code Section 1860, at seq.,the undersigned confirms the following as its certification: I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to he insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the lLump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). Dated: S�Qr I V SOD Z. Bidder. By: (Signature) Title: CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT BID (PROPOSAL) CITY PROJECT 01-22 BID FORMS-PAGE 2 8/21/02 BID SCHEDULE A Schedule of Prices for the Construction of the: CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT PROJECT NO. 01-22 Ramon Road Corridor in Palm Springs, California Item im Description Estimated Unit No. ouantity Unit Price Amount 1, I Initial Mobilization LS $ 1,350.00 2• 1 Install Type E Loop Detector 108 EA TOTAL OF ALL ITEMS OF BID SCHEDULE A: m,i—In Noures) c �/ � t - (Price in words) BID SCHEDULE B Schedule of Prices for the Construction of the: CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT PROJECT NO. 01-22 Sunrise Way Corridor in Palm Springs, California Item' Desenption Estimated Unit Unit No. Dusmity Price Amount 1 Initial Mobilization LS $ 450.00 2.. Install Type E Loop Detector 36 EA TOTAL OF ALL ITEMS OF BID SCHEDULE B: IPrice in figures) L(price In wmds) Cohi5-rRUcT10AJ JAIC Name of Bidder or Firm CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT CITY PROJECT 01-22 UNIT PRICE BID SCHEDULE 8/21/02 BID FORMS-PAGE 3 BID SCHEDULE C Schedule of Prices for the Construction of the: CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT PROJECT NO. 01-22 Palm Canyon Drive Corridor in Palm Springs, California Item Estimated No. Description Unit Unit Quantity Price Amount 1. Initial Mobilization -- - LS S 575.00 2. Install Type E Loop Detector 45 EA TOTAL OF ALL ITEMS OF BID SCHEDULE C: I �? ' - -— - - - IPnce to ri9urey _ ^ 6^}4 f {� .1a1131�t' / ✓'�- • (Price in words) TOTAL OF ALL ITEMS OF BID SCHEDULE A, B AND C COMBINED: p (Pnce in figures) $ L f'�'E'"�`7` (Price in words) QUANTITIES OF WORK: The quantities of work or material stated in the unit price items of the Bid Schedule are supplied only to give an indication of the general scope of the Work. The City does not expressly nor by implication agree that the actual amounts of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any unit price bid item, by an amount up to 25 percent of increase or decrease, without a change in the unit prices, and shall have the right to delete any bid item in its entirety, and receive full credit in the amount shown in the Bid Schedule for the deleted item of Work. V�4S oe)/jSTR-ue-T(C)Ad INC - Name of Bidder or Firm CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT CITY PROJECT 01-22 8/21/02 UNIT PRICE BID SCHEDULE BID FORMS-PAGE 4 INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100, et seq., of the Public Contract Code, the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, or $10,000.00, whichever is greater, and shall also list the portion of the Work which will be done by such subcontractor. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law, The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. Contractor's Percent License of Total Work to be Performed Number Contract Subcontractor's Name & Address 2. 3. 4. 5. 6. 7. 8. CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT CITY PROJECT 01-22 LIST OF SUBCONTRACTORS 8/21/02 BID FORMS-PAGE 5 s NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California I I ss. County of..':�_72 0 14= ) being first duly sworn, deposes and says that he or she is %GE of 1d1j_3 (�Vlj�;7-_4'C7/AA)/l1` eC 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 (dbtit`� C`�N>YY ate�a r ?tea Lam// �1 BY ° �= 7/7Px�p Title j"'i'Ci il9F°t3i0v � Y� Organization 1-1114-S CC) 'j!�,PUC'yaml Address f L2 5 &i.NOA L/15'; Kt• bp.. CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT CITY PROJECT 01-22 NON-COLLUSION AFFIDAVIT 8/21/02 81D FORMS-PAGE 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .- - . 7 C > State of California )I f(g ss. t)I �C County of /� l) /�6 /7 61 o ��/� �' before me,/ _7TrtB EE V;, S^ D.I. Neme and lido of IOo 9 < or la g,•eana ooa,Nolery Pu�" �}I personally appeared alai 9/q f v )� JLf ,�C_1 -� rNama(a)msi9naga) ICI ❑personally known to me �I a, jl ❑ proved to me on the basis of satisfactory f- tt� evidence h` to be the person(s) whose name(s) is/are I subscribed to the within instrument and '<` I(vl u: acknowledged to me that he/she/they executedi the same in his/her/their authorizedj� i( capacity(ies), and that by his/her/their )I signature(s) on the instrument the person(s), or ?,il the entity upon behalf of which the person(s) > - acted, executed the instrument. uI ji WITNESS my hand„ and official s%�.I. _ �I sl9nal re of Nma LLB/ PI t' OPTIONAL Though the information below Is not required by law,It may prove valuable to persona relying on the document and could prevent �)r fraudulent removal and reattachment of this form to another document. `y71 `C1 Description of Attached Document >�1 Title or Type of Document: irk)OA ( �p�LGt�/tT1GLJ ��1=�/-r�/3-G�r' ✓ ��I ��/l j✓ << Document Date: / !��i� c=�� Number of Pages: c; Signer(s) Other Than Named Above: C Capacity(ies) Claimed by Signer AI <<7 <> t(n Signer's Name: _ 3 To of Thumb h.re ❑ Individual P , 1 G5orporate Officer—T Cle(s): ❑ Partner—OLimited ❑General y13 [4,> ❑ Attorney-in-Fact i ❑ Trustee rll ❑ Guardian or Conservator ,0)1 ❑ Other: �j Signer is Representing:" ✓v7�1- (?,:,,�iEu�; mf),�—lox) I(V „_"_ ... _.. .`✓J% �V✓Y—v � ��„ .. ..�✓'�-��':�:;..,S:�TJ.�z':u..v. 1' S:�.�,,..V J�^o _ai ©1999 Nalional Wo,Assoolallon•9350 De Soto Ave,PO,Box 2402•Chalsworth,CA 913132402•wwwnallonalnolaryorg Pmtl No 5907 Feorder Call Toll-Free1 B00 8]6-6B2] THE AMERICAN INSTITUTE OF ARCHITECTS 41 AIA Document A310 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we HMS Construction, Inc. as Principal, hereinafter called the Principal, and Safeco Insurance Company of America a corporation duly organized under the laws of the State of Washington as Surety, hereinafter called the Surety, are held and firmly bound unto City of Palm Springs as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Total Bid Amount Dollars (10% of Total Bid Amount),for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Citywide Traffic Loop Replacement Project#01-22 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 13th day of September, 2002. HMS Construction, Inc. _ (Principal) (Seal) t l (Witness) BY V'C e- pp-C�i/DE-0'J (Title) Safeco Insurance Company of America (Surety) (Seal) 6 La qser (Witness) r Josep A. Clarke11, III, Attorney-In-Fact i AIA DOCUMENT A310•BID BOND•AIA•FEBRUARY 1970 ED.•THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y.AVE., N.W.WASHINGTON,D C.20006 BIDBOND DOC S A F E C IV POWER GENERAL ESAFECO RALINSURANCECOMPAN OF O F ATTORNEY HOME OFFICE:SAFECO PLAZA Y OF AMERICA SEATTLE,WASHINGTON 98185 No. 12599 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington Corporation,does each hereby appoint ****************-JOSEPH A.CLARKEN,111;LAURA MARY KESSLER;ROSE M,UNRUH;DARLENE R.AMES;ERIN J.BROWN;Phoenix,Arizona******************** its true and lawful attorney(s)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby, IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 9th day of August 2002 4 P C-��\ac—, CHRISTINE MEAD,SECRETARY MIKE MCGAVICK,PRESIDENT CERTIFICATE Extmct from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13.-FIDELITY AND SURETY BONDS ...the President,any Vice President, the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surely bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article V,Section 13 of the By-Laws,and (11) A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,Christine Mead,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 13th day of September 2002 aNff Cgyp P�CECOMPq � CORPORNTE SEAL SEAL A y x CHRISTINE MEAD,SECRETARY awasti S-0974/SAEF 2/01 ®A registered trademark of SAFECO Corporation 08/12/2002 PDF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I , [i State of California ss. County of �SV) AE 6_0 I 11 On before me, 7HLEF/L) /?7—T 7-194V Date Name and Title o otflcer(e,g.,"Jane Doe,below Public" f 1 personally appeared 2n/219 4- 0 11 A.) Name(sf of BI ar(e F$ ( ersonally known to me ❑ proved to me on the basis of satisfactory evidence 'I I to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized 11 capacity(ies), and that by his/her/their I signature(s) on the instrument the person(s), or 11 the entity upon behalf of which the person(s) -` -•" = acted, executed the instrument. i6MyCk mission KASIII {;p� Commission# 1218571 i WITNESS my hand and official seal. omm.EXPiMMoy8,=P Notary Public-CaliforniaSon Diego County Signature of elvPdma 1 io, OPTIONAL Though the information below is not required bylaw,it may prove valuable to persons relying on the document and could prevent 1 fraudulent removal and reattachment of this form to another document. Description of Attached Document / ��((//�� Title or Type of Document:_ E d 0/J,6 C� Ty 0/= 7 HLH1 _P1_1/A,)4'_ ,1 Document Date: �U 0—_ Number of Pages: I Signer(s)Other Than Named Above: '1 Capacity(ies) Claimed by Signer I� Signer's Name: ED/J 6 LQ !S�f//J�E/b E ❑ In vidual p of thumb here I To fff Ofa orporateOfficer—Tltle(s): V/CE 24.E �E �J7 1' ❑ Partner—❑ Limited [-] General ❑ Attorney-in-FactI h ❑ Trustee1 [IGuardian or Conservator ,1 ❑ Other: Signer Is Representing-JV � ©1999Nalmaal Notary Assomation•9350De5olo AVe,PC Box 2402•ChalsmAh,CA 913132402•vrv'w.natlonalnodr,drg Prod No 5907 Reorder Call Tal Free 1809-876-6027 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. BIDq �OIxTRACTOR'S Name and Street Address: I ( Oa/5TR✓GT/o1.l 1A( C, 12Z5 Ajao,4 Pe1VW 'Sohn! /j &g-ce s CA 9ao 6 9 2. CONTRACTOR'S Telephone Number: ( 74o ) 73 G ` 30 r 3 Facsimile Number: ( 7(,,p ) 73/ W S6 3. CONTRACTOR'S License: Primary Classification State License Number(s) '74 5590 Supplemental License Classifications [� 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety 5Aye c27 i // i/41✓S H (l S I9 Address 7Z5$'/ ki. 4A,-<e a L,-P . LAS ,�'✓ 7RY�p CHg%/ola Surety Company 1?4e S N c/s/- Telephone Numbers: Agent (7oZ 1 ROY 73 7- Surety ( 1 5. Type of Firm (Individual, Partnership or Corporation): eo/ZPo OiJ I I 6. Corporation organized under the laws of the State of: C_05*&! I 7. List the names and addresses of the principal members of the firm or names and titles of the prri�in�ncipal officers of//the corporation or firm: //'llthtREl, t lt"14 /'' 1/2/G5/ �E.�LT-' TJ�ti+E5 1-F✓5TlK V�1�GE P2E5C,08�FT RON&7 ScFFNElDE2 IOrcE PeES(CE.u7- 1 '2_7_5 Ls4P VI STA o2«r- , SAIV ✓1AF-cos 760 -73 b - Soy 3 CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT PROJECT BIDDER'S GENERAL INFORMATION PROJECT NO.01-22 BID FORMS - PAGE B 8121102 BIDDER'S GENERAL INFORMATION (Continued) 8. Number of years experience as a contractor in this specific type of construction work: 9. List at least three related projects completed to date: `jG&�- A1-7r,4c pp,EQ L, -s a. Owner Address Contact Class of Work Phone Contract Amount Project Date Completed Contact Person Telephone number b. Owner Address Contact Class of Work Phone Contract Amount Project Date Completed Contact Person Telephone number C. Owner Address Contact Class of Work Phone Contract Amount Project Date Completed Contact Person Telephone number 10. List the name and title of the person who will supervise full-time the proposed work for your firm: 2*Ai[y lAAam-APcoE` /�2oSG—�� 11. Is full-time supervisor an employee / contract services ? 12. A recent financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT PROJECT BIDDER'S GENERAL INFORMATION PROJECT NO.01-22 BID FORMS- PAGE 9 8121/02 SECTION F PRIOR WORK REFERENCES The General Contractor is required to submit with the bid proposal a list of at least three previous projects of similar character completed writhin the previous 24 months. REFERENCE NO. 1:t; / ITy &?- V VI ST o, 0ioys fRRty,(- Organization Name Name of Project /boo �ucalyPl vS / o& 5.9 �C5 f SArrry Address Scope of Project �60 726— t3qo Telephone Project Manager REFERENCE NO. 2: C4e67WA ?Nas6- a Organization Name Name of Project 7177 OPP09TUtj(TY4 r/3cv- Address SAr J-'c9 o CA • Scope of Project 856 ` /,7—L/o9f QI Nca '�yP-f �S �r�t Telephone Project Manager REFERENCE NO. 3: {c° G'/TY aF // /11� {41Ifl yJ ANO ✓. 411< Ab CQ/,gyeRk AN Organization Name Name of Project 2727 R000V" Ava Address ^r'o 6t7Y Scope oofProject ei4 33(, - 35oc T�Oy �U✓� Telephone Project Manager i - 1 CITY PROJECT NO . 01 - 22 The Special Provisions contained herein have been prepared by, or under the direct supervision of, the following Registered Civil Engineer: Prepared by: e F ss/G,IV Z No 5727i a Rxp I Z- 40rw er,�l+ ,"er Marcus Fuller P.E. `FGMr_A �0.1c Senior Civil Engineer -- - Civil Engineer C 57271 Approved by: ��AL David J. Barakian, P.E. City Engineer Civil Engineer C 28931 CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT CITY PROJECT 01-22 SIGNATURE PAGE 8/21/02 NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND SPECIAL PROVISIONS TABLE OF CONTENTS PART I -- BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS Notice Inviting Bids Instructions to Bidders Bid Forms Bid (Proposal) Bid Schedule List of Subcontractors Non-collusion Affidavit Bid Bond (Bid Security Form) Bidder' s General Information Agreement and Bonds Agreement Form Worker' s Compensation Certificate Performance Bond Payment Bond Certificate of Insurance PART II -- SPECIAL PROVISIONS Section 1 - Specifications and Plans Section 2 - Proposal Requirements and Conditions Section 3 - Award & Execution of Contract Section 4 - Scope of Work: Beginning of Work, Time of Completion, and Liquidated damages Section 5 - Control of Work Section 6 - Control of Materials Section 7 - Legal Relations and Responsibility Section 8 - Prosecution and Progress Section 9 - Measurement and Payment Section 10 - Construction Details PART III -- APPENDICES APPENDIX "A" Standard Drawings Dust Control Sign CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT CITY PROJECT 01-22 SPECIAL PROVISIONS 8121/02 GENERAL CONTENTS- PAGE 1 CITY OF PALM SPRINGS PUBLIC WORKS & ENGINEERING DEPARTMENT PART 1 - BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT PROJECT CITY PROJECT NO. 01 - 22 Notice Inviting Bids Instructions to Bidders Bid Forms Bid (Proposal) Bid Schedule List of Subcontractors Non-Collusion Affidavit Bid Bond (Bid Security Form) Bidder' s General Information Agreement and Bonds Agreement Form Worker' s Compensation Certificate Performance Bond Payment Bond Certificate of Insurance CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT CITY PROJECT 01-22 PART 1 CONTENTS 8/21/02 PAGE 1 CITY OF PALM SPRINGS NOTICE INVITING BIDS Citywide Traffic Signal Loop Replacement City Project No. 01, - 22 N-1 NOTICE IS HEREBY GIVEN that sealed bids for the Citywide Traffic Signal Loop Replacement Project will be received at the office of the Department of Procurement and Contracting of the City of Palm Springs, California, until 2 : 00 P.M. on September 17, 2002, at which time they will be opened and read aloud. N-2 DESCRIPTION OF THE WORK: The Work comprises the replacement of existing inductive loop detectors for traffic signal vehicle detection at various locations including saw cutting asphalt concrete pavement, installation of detector cable and associated equipment; installation of new conduit for detector lead-in cables (where required) ; and all appurtenant work. N-3 AWARD OF CONTRACT: (a) The City reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a bid, or to make award to the lowest responsive, responsible bidder on the basis of the total sum of Bid Schedules A through C inclusive, and reject all other bids, as it may best serve the interest of the City. Bidders shall bid on all Bid Schedules. (b) As a condition of award, the successful bidder will be required to submit payment and performance bonds and insurance. N-4 BID SECURITY: each bid shall be accompanied by a certified or cashier' s check or Bid Bond in the amount of 10 percent of the total sum of Bid Schedules A through C inclusive, payable to the City of Palm Springs . N-5 BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a period of 60 calendar days from the date of bid opening. N-6 CONTRACTOR' S LICENSE CLASSIFICATION: The Contractor shall possess a valid Class A or C-10 Contractor license at the time of submitting bids . N-7 CALIFORNIA WAGE RATE REQUIREMENTS: The Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed. A copy of said wage rates is on file at the office of the City Engineer. The Contractor and any subcontractors shall pay not CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT CITY PROJECT 01-22 NOTICE INVITING BIDS 8/21/02 PAGE 1 less than said specified rates and 'shall post a copy of said wage rates at the project site. N-8 RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code. N-9 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: (a) Contract Documents may be inspected without charge at the office of the City Engineer, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262 . (b) Complete sets of said Contract Documents may be purchased at $20 . 00 dollars per set and are obtainable from the office of the City Engineer, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262 . No refund will be made of any charges for sets of Contract Documents . (c) An additional fee of $15 . 00 will be charged for sets of documents sent by mail. N-10 ADDRESS AND MARKING OF BIDS: The envelope enclosing the Bid shall be sealed and addressed to the City of Palm Springs, and shall be delivered or mailed to the Director of Procurement and Contracting at 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262 . The envelope shall be plainly marked in the upper left hand corner with the name and address of the Bidder and shall bear the words "Bid For. . " followed by the title of the Project and the date and hour of opening Bids . The certified or cashier' s check or Bid Bond shall be enclosed in the same envelope with the Bid. BY ORDEcR� OF THE CITY OF PALM SPRINGS Date By �v David J. Barakian, PE Director of Public Works / City Engineer CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT NOTICE INVITING BIDS CITY PROJECT 01-22 PAGE 2 8121102 CITY OF PALM SPRINGS INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS - Terms used in these Instructions to Bidders and the Notice Inviting Bids and not defined herein shall have the meanings assigned to them in the General and Special Provisions. The term "Bidder" shall mean one who submits a Bid directly to the City, as distinct from a sub-bidder, who submits a Bid to a Bidder. The term "Engineer" shall be as defined in the Special Provisions. 2. COMPETENCY OF BIDDERS - In selecting the lowest responsive, responsible Bidder, consideration will be given not only to the financial standing of the Bidder, but also to the general competency of the Bidder for the performance of the Work covered by the Bid. To this end, each Bid shall be supported by a statement of the Bidder's experience as of recent date on the form entitled "Bidder's General Information," bound herein. Except as otherwise provided under Public Contract Code §20103.5, no Bid for the Work will be accepted from a contractor who does not hold a valid contractor's license in the State of California for the classifications named in the Notice Inviting Bids at the time of award. 3. DISQUALIFICATION OF BIDDERS - More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. If the City believes that any Bidder is interested in more than one Bid for the Work contemplated, all Bids in which such Bidder is interested will be rejected. If the City believes that collusion exists among the Bidders, all Bids will be rejected. 4. BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND THE SITE — (a) It is the responsibility of each Bidder before submitting a Bid to examine the Contract Documents thoroughly; visit the site to become familiar with local conditions that may affect cost, progress, or performance of the Work; consider federal, state, and local laws and regulations that may affect cost, progress, or performance of the Work; study and carefully correlate the Bidder's observations with the Contract Documents; and notify the Engineer of all conflicts, errors, or discrepancies noted in the Contract Documents. (b) Reference is made to the Special Provisions for identification of those reports of explorations and tests of subsurface conditions at the site which may have been utilized by the Engineer in the preparation of the Contract Documents. However, such reports are NOT a part of the Contract Documents. The interpretation of such technical data, including any interpolation or extrapolation thereof, together with non-technical data, interpretations, and opinions contained therein or the completeness thereof is the responsibility of the Bidder. (c) Copies of such reports and drawings will be made available for inspection by the City to any Bidder upon request. Those reports and drawings are NOT part of the Contract Documents, but any technical data contained therein upon which the Bidder is entitled to rely is limited to that set forth in the Special Provisions. (d) Subject to the provisions of Section 4215 of the California Government Code, information and data reflected in the Contract Documents with respect to underground utilities at or contiguous to the site is based upon information and data furnished to the City and the Engineer by the owners of such underground utilities or others, and the City does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Special Provisions. (e) Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground utilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in the Standard Specifications and Special Provisions. (f) Before submitting a Bid, each Bidder must, at Bidder's own expense, make or obtain any additional examinations and investigations which pertain to the physical conditions (surface, subsurface, and underground utilities) at or contiguous to the site or otherwise which may affect cost, progress, or performance of the Work and which the Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents. (g) Where feasible, upon request in advance, the City will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submittal of a Bid. The Bidder shall fill all exploration and test holes made by the Bidder and shall repair damage, clean up, and restore the site to its former condition upon completion of such exploration. CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT INSTRUCTIONS TO CITY PROJECT 01-22 8121102 BIDDERS-PAGE 1 (h) The lands upon which the Work is to be performed, the rights-of-way and easements for access thereto, and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Contractor. Easement for permanent structures or permanent changes in existing structures will be obtained and paid for by the City unless otherwise provided in the Contract Documents. (i) The submittal of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article; that without exception the Bid is premised upon performing the Work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents; and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all the terms and conditions for performance of the Work. 5. INTERPRETATIONS - All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be resolved by the issuance of Addenda mailed or delivered to all parties recorded by the Engineer or the City as having received the Contract Documents. Questions received less than 5 days prior to the date of opening Bids may not be answered. Only questions that have been resolved by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. 6. BID SECURITY, BONDS, AND INSURANCE - Each,,Bid shall he accompanied by a certified or cashier's check or approved Bid Bond in the amount stated in the Notice Inviting Bids. Said check or bond shall be made payable to the City and shall be given as a guarantee that the Bidder, if awarded the Work, will enter into an Agreement with the City and will furnish the necessary insurance certificates, Payment Bond, and Performance Bond. Each of said bonds and insurance certificates shall be,in the amounts stated in the Standard Specifications or Special Provisions. In case of refusal or failure of the successful Bidder to enter into said Agreement, the check or Bid Bond, as the case may be, shall be forfeited to the City. If the Bidder elects to furnish a Bid Bond as its security, the Bidder shall use the Bid Bond form bound herein, or one conforming substantially to it in form. 7. RETURN OF BID SECURITY - Within 14 days after award of the Contract, the City will return all bid securities accompanying such of the Bids that are not considered in making the award. All other Bid securities will be held until the Agreement has been finally executed. They will then be returned to the respective Bidders whose Bids they accompany. 8. BID FORM -The Bid shall be made on the Bid Schedule sheets bound herein. Unless otherwise provided in the Notice Inviting Bids, in the event there is more than one Bid Schedule, the Bidder may Bid on any individual schedule or on any combination of schedules. All bid items shall be properly filled out. Where so indicated in the Bid Documents, Bid price shall be shown in words and figures, and In the event of any conflict between the words and figures, the words shall govern. The envelope enclosing the sealed bids shall be plainly marked in the upper left-hand corner with the name and address of the Bidder and shall bear the words "BID FOR," followed by the title of the Contract Documents for the Work, the name of the "CITY OF PALM SPRINGS," the address where the bids are to be delivered or mailed to, and the date and hour of opening of bids. The Bid Security shall be enclosed in the same envelope with the Bid. 9. SUBMITTAL OF BIDS - The Bids shall be delivered Eby 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. CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT INSTRUCTIONS TO CITY PROJECT 01-22 BIDDERS-PAGE 2 8/21/02 11. QUANTITIES OF WORK — (a) The quantities of work or material stated in unit price items of the Bid are supplied only to give an indication of the general scope of the Work; the City does not expressly or by implication agree that the actual amount of work or material will correspond therewith. (b) In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit prices established for such work under the Contract Documents; provided, that on unit price contracts, increases of more than 25 percent, decreases of more than 25 percent, and eliminated items shall be adjusted as provided in Section 3 of the Standard Specifications and Special Provisions. 12. WITHDRAWAL OF BID -The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or it's properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids prior to the scheduled closing time for receipt of Bids. 13. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS - Unauthorized conditions, limitations, or provisos attached to the Bid will render it informal and may cause its rejection as being non-responsive. The completed Bid forms shall be without interlineation, alterations, or erasures. Alternative Bids will not be considered unless expressly called for in the Notice Inviting Bids. Oral, FAX, telegraphic, or telephone Bids or modifications will not be considered. 14. LIQUIDATED DAMAGES - Provisions for liquidated damages, if any, shall be as set forth in the Agreement and the provisions of the Special Provisions. 15. SUBSTITUTE OR "OR-EQUAL" ITEMS -The procedure for submittal of any application for a substitute or "or equal" item by the Contractor and consideration by the Engineer is set forth in Section 6 of the Standard Specifications and Special Provisions. 16. AWARD OF CONTRACT - Award of Contract, if it is awarded, will be based primarily on the lowest overall cost to the City, and will be made to a responsive, responsible Bidder whose Bid complies with all the requirements prescribed. Unless otherwise specified, any such award will be made within the period stated in the Notice Inviting Bids that the Bids are to remain open, unless extended by mutual agreement of the bidders. Unless otherwise indicated, a single award will not be made for less than all the Bid Items of an individual Bid Schedule. In the event the Work is contained in more than one Bid Schedule, the City may award schedules individually or in combination. In the case of 2 or more Bid Schedules which are alternative to each other, only one of such alternative schedules will be awarded. 17. EXECUTION OF AGREEMENT - The Bidder to whom award is made shall execute a written Agreement with the City on the form of agreement provided, shall secure all insurance, and shall furnish all certificates and bonds required by the Contract Documents within 15 calendar days after receipt of the Agreement forms from the City. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award and forfeiture of the Bid Security. If the lowest responsive, responsible bidder refuses or fails to execute the Agreement, the City may award the Contract to the second lowest responsive, responsible Bidder. If the second lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the City may award the Contract to the third lowest responsive, responsible Bidder. On the failure or refusal of such second or third lowest Bidder to execute the Agreement, each such bidder's Bid Securities shall be likewise forfeited to the City. 18. WORKER'S COMPENSATION REQUIREMENT - The Bidder should be aware that in accordance with laws of the State of California, the Bidder will, if awarded the Contract, be required to secure the payment of compensation to its employees and execute the Worker's Compensation Certification. 19. LOCAL BUSINESS PROMOTION — (a) In determining the lowest responsible Bidder, the following provisions of Section 7.09.030 of the City of Palm Springs Municipal Code shall be applied to a Bid submitted by a local business enterprise or contractor: For any contract for services, including construction services, a reciprocal preference shall be given as against a non-local business enterprise contractor from any state, county or city that gives or requires a preference to contractors from that entity in award of its service contracts. The amount of the reciprocal preference shall be equal to the amount of the preference applied by the entity in which the non-local business enterprise contractor is based as against the Bid of a City of Palm Springs contractor. (b) For all contract Bids proposing sub-contractors: CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT INSTRUCTIONS TO CITY PROJECT 01-22 8/21102 BIDDERS-PAGE 3 (1) The prime contractor shall use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises, and to sub-contract services to businesses whose work force resides within the Coachella Valley ("local sub-contractor"). (2) The prime contractor shall submit evidence of such good faith efforts at the time of submission of Bids. Good faith efforts may be evidenced by placing advertisements inviting proposals in local newspapers, sending requests for proposals to local sub-contractors, or by demonstrating that no local sub-contractors are qualified to perform the work or supply the materials or equipment. (3) Any notice inviting Bids which may require the use of sub-contractors shall include notification of this subdivision. (4) The City may reject as non-responsive ,the Bid of any contractor proposing to use sub- contractors that fails to comply with the requirements of this subdivision. - END OF INSTRUCTIONS TO BIDDERS - CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT INSTRUCTIONS TO CITY PROJECT 01-22 BIDDERS-PAGE 4 R/21102 CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING DEPARTMENT PART II - SPECIAL PROVISIONS CITYWIDE TRAFFIC SIGNALLOOP REPLACEMENT CITY PROJECT 01-22 Section 1 Specifications and Plans Section 2 Proposal Requirements and Conditions Section 3 Award & Execution of Contract Section 4 Scope of Work, Beginning of Work, Time of Completion, and Liquidated Damages Section 5 Control of Work Section 6 Control of Materials Section 7 Legal Relations and Responsibility Section 8 Prosecution and Progress Section 9 Measurement and payment Section 10 Construction Details CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT CONTENTS CITY PROJECT 01-22 PART II 8/21/02 SECTION 1 - SPECIFICATIONS AND PLANS 1-1 GENERAL Standard Specifications. - The Work hereunder shall be done in accordance with the Standard Specifications dated July 1992 and the Standard Plans dated July 1992, of the California Department of Transportation insofar as the same may apply and in accordance with the following Special Provisions . In case of conflict between the Standard Specifications and these Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions. 1-1 Definitions and Terms. - Wherever in the Standard Specifications the following terms are used, the definitions shall be amended to read: 1-1.12 Days - As used in these Special Provisions, days shall mean calendar days. 1-1.13 Department - Public Works and Engineering Department of the City of Palm Springs, California. 1-1.15 Director - Director of Public Works/ City Engineer of the City of Palm Springs, California. 1-1.18 Engineer - Director of Public Works/City Engineer of the City of Palm Springs, California. - 1-1.24 Highway - Highway, roadway, street, avenue, lane, boulevard, or other public thoroughfare for vehicular traffic. 1-1.26 Liquidated Damages - The amount prescribed in the specifications, pursuant to the authority of Government Code Section 53069.85, to be paid to the City of Palm Springs or to be deducted from any payments due or to become due the Contractor for each day's delay in completing the whole or any specified portion of the Work beyond the time allowed in the Special Provisions. 1-1.29(A) Standard Plans - The Standard Plans of the City of Palm Springs or the State of California Department of Transportation (when specified) . 1-1.39 State - The City of Palm Springs, California, a legal entity organized and existing in the County of Riverside, State of California. 1-1.40 State Contract Act - All applicable provisions of the Public Contract Code (excluding Chapter 1, Division 2, Part 2, therein) , Government Code, Labor Code, Civil Code, Business & Professions Code, as they apply to contracts with local public agencies, as defined in said codes. CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT SPECIAL PROVISIONS CITY PROJECT 01-22 SPECIFICATIONS AND PLANS 8/21/02 SECTION 1 -PAGE 1 1-1.41 Working Day - A Working Day is defined as any day, except as follows: (a) Saturdays, Sundays, and any designated legal holiday officially observed by the City of Palm Springs. Designated legal holidays are: January lst, the third Monday in February, the last Monday in May, July 4, the first Monday in September, Veteran's Day, Thanksgiving Day and the following Friday, and December 25. When a designated holiday falls on a Saturday, the Friday before the holiday shall be a designated legal holiday. When a designated holiday falls on a Sunday, the Monday after the holiday shall be a designated legal holiday. (b) Days on which the Contractor is prevented by inclement weather or conditions resulting immediately therefrom adverse to the current controlling operation or operations, as determined by the Engineer, from proceeding with at least 75 percent of the normal labor and equipment force engaged on such operation or operations for at least 60 percent of the total daily time being currently spent on the controlling operation or operations. 1-2 PRELIMINARY MATTERS 1-2 . 1 Legal Address of the City: The official address of the City shall be City of Palm Springs, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262, or such other address as the City may subsequently designate in written notice to the Contractor. 1-2 .2 Legal Address of the Engineer: The official address of the Engineer shall be City of Palm Springs, Public Works and Engineering Department, 3200 East Tahquitz Canyon Way, Post Office Box 2743, Palm Springs, California 92263-2743, or such other address as the Engineer may subsequently designate in writing to the Contractor. 1-2 .3 Legal Address of the City' s Project Representative: The name and address of the City' s designated Project Representative shall be the Engineering Field Supervisor, Public Works and Engineering Department, 3200 East Tahquitz Canyon Way, Post Office Box 2743, Palm Springs, California 92263-2743, or such other address as the Resident Project Representative may subsequently designate in writing to the Contractor. 1-2 . 4 Notification: The Contractor shall notify the City of Palm Springs and the owners of all utilities and substructures not less than 48 hours prior to starting construction. The following list of names and CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT SPECIAL PROVISIONS CITY PROJECT 01-22 SPECIFICATIONS AND PLANS 8/21/02 SECTION 1 -PAGE 2 telephone numbers is intended for the convenience of the Contractor 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) 323-8167 Dave Barakian, City Engineer (760) 323-8253 VERIZON Attention: Mr. Bill Morrow (760) 778-3627 DESERT WATER AGENCY Attention: Mr. Woody Adams (760) 323-4971 SOUTHERN CALIFORNIA EDISON COMPANY Attention: Mr. Kim Hoover (760) 202-4248 SOUTHERN CALIFORNIA GAS COMPANY Attention: Ken Kennedy (909) 335-7716 TIME-WARNER CABLE Attention: Mr. Dale Scrivner (760) 778-3400 WHITEWATER MUTUAL Attention: Mr. Stan Clark (760) 325-5880 SPRINT Attention: Mr. Lynn Durrett (909) 874-7450 UNDERGROUND SERVICE ALERT (800) 227-2600 1-2 .5 Emergency Information: The names, addresses, and telephone numbers of the Contractor, sub-contractors, or their representatives, shall be filed with the Engineer at the pre-construction meeting. - END OF SECTION - CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT SPECIAL PROVISIONS CITY PROJECT 01-22 SPECIFICATIONS AND PLANS 8/21/02 SECTION 1 -PAGE 3 SECTION 2 - PROPOSAL REQUIREMENTS AND CONDITIONS 2-1 . 01 Plans and Specifications . - The contract plans furnished consist of general drawings and show such details as are necessary to give a comprehensive idea of the construction contemplated. All authorized alterations affecting the requirements and information given on the contract plans shall be in writing. - END OF SECTION - CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT SPECIAL PROVISIONS CITY PROJECT 01-22 PROPOSAL REQUIREMENTS &CONDITIONS 8/21/02 SECTION 2-PAGE 1 SECTION 3 - AWARD AND EXECUTION OF CONTRACT The provisions of Section 3-1. 02 of the Standard Specifications shall be changed to read as follows: 3-1.02 Contract Bonds. a. Before execution of the Contract, the Contractor shall file surety bonds with the City to be approved by the City Council in the amounts and for the purposes noted below. Bonds issued by a surety who is listed in the latest version of U. S. Department of Treasury Circular 570, who is authorized to issue bonds in California, and whose bonding limitation shown in the said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the City. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995 . 660 (a) . The Contractor shall pay all bond premiums, costs, and incidentals . Each bond shall incorporate, by reference, the Contract and be signed by both the Contractor and Surety and the signature of the authorized agent of the Surety shall be notarized. b. The Contractor shall provide two good and sufficient surety bonds. The Performance Bond shall be for 100 percent of the Contract Price to guarantee faithful performance of all work, within the time prescribed, in a manner satisfactory to the City, and that all materials and workmanship will he free from original or developed defects. The bond must remain in effect until the end of all warranty periods set forth in the Contract. The Payment Bond (Material and Labor Bond) shall be for not less than 100 percent of the Contract Price, to satisfy claims of material suppliers and mechanics and laborers employed by it on the Work. The bond shall be maintained by the Contractor in full force and effect until the Work is accepted by the City and until all claims for materials and labor are paid, and shall otherwise comply with the Civil Code. c. The Contractor shall provide for a one-year extension of the Performance Bond to cover the one-year correction and repair period for correction or removal and replacement of defective work. Said Performance Bond shall be maintained at not less than 15 percent of the Contract Price during said one-year extension. d. Bonds shall be executed by either: (a) two (2) or more sufficient personal sureties; (b) one sufficient admitted surety insurer; or (c) a combination of sufficient personal sureties and admitted surety insurers . If a corporate surety insurer is used, a County Clerk' s certificate evidencing that it is an admitted CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT SPECIAL PROVISIONS CITY PROJECT 01-22 AWARD &EXECUTION OF CONTRACT 8/21/02 SECTION 3-PAGE 1 surety insurer shall be submitted with the bonds . If a personal surety is used, all requirements set out in Code of Civil Procedure Section 995 . 510 shall be met to the satisfaction of the City Engineer. The provisions of Section 3-1. 03 of the Standard Specifications shall be changed to read as follows': 3-1 .03 Execution of Contract. - The contract shall be signed by the successful bidder and returned, together with the contract bonds, within the number of days specified in the Instructions to Bidders . END OF SECTION - CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT SPECIAL PROVISIONS Y PROJECT 01-22 AWARD &EXECUTION OF CONTRACT CITY /02 SECTION 3-PAGE 2 SECTION 4 - SCOPE OF WORK; BEGINNING OF WORK; TIME OF COMPLETION; AND LIQUIDATED DAMAGES Attention is directed to the provisions of Section 8-1. 03 "Beginning of Work, " Section 8-1. 06 "Time of Completion, " and Section 8-1. 07 "Liquidated damages" of the Standard Specifications and these Special Provisions . The Contractor shall begin work within 15 calendar days after the Contract has been approved by the legal counsel of the City and a written Notice to Proceed issued to the Contractor. The Work identified in Bid Schedule A shall be diligently prosecuted to completion before the expiration of: 15 WORKING DAYS from the date specified in the Notice to Proceed issued by the City. The Work identified in Bid Schedule B shall be diligently prosecuted to completion before the expiration of: 10 WORKING DAYS from the date specified in the Notice to Proceed issued by the City. The Work identified in Bid Schedule C shall be diligently prosecuted to completion before the expiration of: 10 WORKING DAYS from the day specified in the Notice to Proceed issued by the City. Said time of completion does not include time associated with ordering long lead-time items . Contractor shall refer to Section 6-1 . 04 of these Special Provisions for requirements associated with ordering long lead-time items . Said time of completion does include time required for function testing. As set forth in the Agreement, the Contractor shall pay to the City as liquidated damages the sum set forth in the Agreement per day for each and every calendar day' s delay in finishing the Work in excess of the number of working days prescribed above. - END OF SECTION - CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT SPECIAL PROVISIONS CITY PROJECT 01-22 SCOPE OF WORK 8/21/02 SECTION 4-PAGE 1 SECTION 5 - CONTROL OF WORK 5-1. 01 Warranty Performance Bond. - The Performance Bond furnished by the Contractor shall remain in force and effect, and shall not be exonerated for a period of one year after the City' s acceptance of the project; or, at the Contractor' s option in lieu thereof, the Contractor may furnish a Warranty Performance Bond prior to acceptance of the work, in a sum not less than 15 percent of the face amount of the contract, such bond to guarantee Contractor' s performance of the obligation to repair or replace defective materials or workmanship as stated elsewhere in these provisions, and to remain in effect for a period of one year from the date of City' s acceptance of the project. Nothing in this paragraph shall be deemed or construed to limit the Contractor' s obligation of performance. 5-1. 02 Access or Temporary Rights-of-Way. - All access or construction rights-of-way of a temporary nature, other than shown on the plans, which the Contractor may find that it required during progress of the work, shall be arranged for and paid for entirely by the Contractor, at its own expense. 5-1. 03 Protection of Survey Monuments. - It shall be the Contractor ' s responsibility to protect all the existing survey monuments, bench marks, survey marks and stakes . Removal of such monuments, or displacement thereof, shall require their resetting per City Standards for the existing type of monument at the Contractor' s expense. The existing pipe monument shall not be disturbed. The City will maintain a survey location check on the monument without cost to the Contractor. Contractor is advised that resetting of monuments will be done by the City' s survey crew. Should the Contractor anticipate removal of any survey monuments, it shall notify the Engineer before removal. The Contractor shall be financially responsible for reinstalling the monument well, and the City' s survey crew will reset the monument. 5-1. 04 Surveying. - It is the Contractor' s responsibility to provide all construction marking prior to saw cutting; the Engineer reserves the right of final approval for all construction surveying provided in the field to determine that construction of improvements conform to approved plans. The Contractor shall provide all construction surveying , as required by the Engineer or his representative. CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT SPECIAL PROVISIONS CITY PROJECT 01-22 CONTROL OF WORK SECTION 5 -PAGE 1 8121/02 5-1 .05 Authority of Engineer. - The Engineer shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the work; all questions which may arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the contract on the part of the Contractor; and all questions as to compensation. His decision shall be final and he shall have authority to enforce and make effective such decisions and orders which the Contractor fails to carry out promptly. 5-1. 06 Inspection. - The Engineer shall, at all times, have safe access to the work during its construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the requirements and intentions of the Specifications, the Special Provisions, and the Plans . All work done and all materials furnished shall be subject to his inspection. When the work has been completed, the Engineer will make the final inspection. 5-1 .07 Addenda. - Any questions or comments that prospective bidders may have concerning the plans, specifications, or Special Provisions should be directed to the Engineer. Any written clarifications will be issued as addenda generated by the Engineer. Any addenda issued during the time of bidding shall be acknowledged as a part of the Contract Documents. 5-1.08 Site Examination. - Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the work, and the general and local conditions particularly, but without limitation to all other matters which can in any way affect the work or the cost thereof. The failure of the Contractor to acquaint itself with all available information regarding any applicable conditions will not relieve it from the responsibility for properly estimating either the difficulties or the costs of successfully performing the work. 5-1 . 09 Flow and Acceptance of Water. - It is anticipated that storm, surface or other waters will be encountered at various times during the work herein contemplated. The Contractor, by submitting a bid, acknowledges that it has investigated the risk arising from such waters and has prepared its bid accordingly; and the Contractor submitting a bid shall assume all risk. 5-1 .10 Prohibition Against Subcontracting or Assignment. - The experience, knowledge, capability and reputation of the CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT SPECIAL PROVISIONS CITY PROJECT 01-22 CONTROL OF WORK 8/21/02 SECTION 5-PAGE 2 Contractor, its principals and employees were a substantial inducement for the City to enter into this Contract. Therefore, the Contractor shall not contract with any other entity to perform in whole or in part the services ,required hereunder without the express written approval of the City. In addition, neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without prior written approval of the , City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than 25 percent of the present ownership and/or control of the Contractor, taking all transfers into account on a cumulative basis . In the event of any such unapproved transfer, including any bankruptcy proceeding, this Contract shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express written consent, of the City. This Article does not apply to the assignment of anti-trust actions by the Contractor or subcontractor under the provisions of Section 7-1. 01J of the Standard Specifications . - END OF SECTION - CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT SPECIAL PROVISIONS CONTROL OF WORK CITY PROJECT 01-22 SECTION 8-PAGE 3 8/21102 SECTION 6 -- CONTROL OF MATERIALS 6-1 TRADE NAMES OR EQUALS 6-1. 01 Substitutions or Approved Equals . - Contractors requesting approval of "equal products" shall submit their request, along with data substantiating such request, to the Engineer no later than 20 days after bid opening. Data for approval of other materials shall include complete calculations, technical data, samples and/or printed materials relating to performance and physical characteristics of proposed substitutes . Appearances of manufacturers, company names, details of products or services, or product names, in either plans or specifications, are specified or designated for reference only and do not constitute an endorsement of same by the Engineer or the City. 6-1. 02 Submittals for Approval of "Or Equals . " - Should the Contractor request approval for "or equal" products, it shall submit data substantiating such request to the Engineer as per Subsection 6-1. 01, 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. 6-1 .03 Quantities . - Contractor shall submit, with its billing invoice, a corrected list of quantities, verified by the Engineer, for items shown in the unit price Bid Schedule. 6-1.04 Placing Orders . - The Contractor shall place the order (s) for all long lead-time supplies, materials and equipment for any and all traffic signal facilities within 3 working days after the award of contract by the City of Palm Springs City Council. The Contractor shall furnish the Engineer with a statement from the vendor (s) that the order (s) for said supplies, materials, and equipment has been received and accepted by said vendor (s) within 15 working days from the date of said award of Contract. CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT SPECIAL PROVISIONS CITY PROJECT 01-22 CONTROL OF MATERIALS 8/21/02 SECTION 6-PAGE 1 6-1.05 Correction and Repair Period: - If within one year after the date of completion and acceptance of the Work, or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, the Contractor shall promptly, without cost to the City and in accordance with the City' s written instructions : (i) correct such defective Work, or, if it has been rejected by the City, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If the Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the City may have the defective Work corrected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement, including claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of 'repair or replacement of work of others) will be paid by the Contractor. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents . Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under Subsection 6-1. 05, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. - END OF SECTION - CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT SPECIAL PROVISIONS CONTROL OF MATERIALS CITY PROJECT 01-22 SECTION 6-PAGE 2 8/21/02 SECTION 7 - LEGAL RELATIONS AND RESPONSIBILITY 7-1 LEGAL RELATIONS The following modifications, deletions, additions, or other changes shall be made to the indicated articles, paragraphs, and sub- paragraphs of Section 7 of the Standard Specifications . 7-1 . 01 Laws to be Observed. - The original provisions of Section 7-1. 01 shall be deleted and the following substituted therefor: "7-1 .01 Laws to be Observed. - The Contractor shall keep itself fully informed of all existing and future State and Federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any way affect the conduct of the Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. He or she shall at all times observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the Work; and shall indemnify the City, and all officers and employees thereof connected with the Work, including but not limited to the Director of Public Works and the Engineer, against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by itself or its employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications, or contract for the work in relation to any such law, ordinance, regulation, order, or decree the Contractor shall forthwith report the same to the Engineer in writing. " 7-1. 02 Labor Code Requirements. - Attention is directed to the following requirements of the Labor Code: 7-1 .02 .1 Hours of Labor. - The Contractor shall comply with the provisions of Section 7-1. 01A(1) of the Standard Specifications. 7-1 .02 .2 Prevailing Wage. - The provisions of Section 7-1. 01A(2) shall be modified to read: "7-1 . 01A(2) Prevailing Wage. - As required by Sections 1770 and following, of the California Labor Code, the CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT SPECIAL PROVISIONS CITY PROJECT 01-22 LEGAL RELATIONS &RESPONSIBILITY 8121/02 SECTION 7-PAGE 1 Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations . Copies of such prevailing rate of per diem wages are on file at the office of the City, which copies shall be made available to any interested party on request. The Contractor shall post a copy of such determination at each job site. The Contractor shall, as a penalty to the City, forfeit $50 . 00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director for such work or craft in which such worker is employed for any public work done under the contract by him or by any subcontractor under him. " 7-1.02 .3 Travel and Subsistence Payments. - The provisions of Section 7-1 . 01A(2) (a) shall be modified to read: "7-1 .01A(2) (a) Travel and Subsistence Payments . - As required by Section 1773 . 8 of, the California Labor Code the Contractor shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Article. To establish such travel and subsistence payments, the representative of any craft, classification or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within 10 days after their execution and thereafter shall establish such travel and subsistence payments whenever filed 30 days prior to the call for bids . " 7-1 .02 .4 Labor Non-Discrimination. - The provisions of Section 7-1 . 01A(4) shall be modified to read: "7-1 .01A(4) Labor Non-Discrimination. - Attention is directed to Section 1735 of the Labor Code, which reads as follows : "No discrimination shall be made in the employment of persons on, public works because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons, except as provided in Section 12940 of the Government Code, , and every Contractor CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT SPECIAL PROVISIONS CITY PROJECT 01-22 LEGAL RELATIONS &RESPONSIBILITY SECTION 7-PAGE 2 8/21/02 for public works violating this Section is subject to all the penalties imposed for violation of this Chapter. " All references in said Section 7-1. 01A(4) to Chapter 5 of Division 4 of Title 2 of California Code of Regulations is hereby deleted. 7-1.02 .5 Apprentices. - The provisions of Section 7-1 . 01A(5) shall be modified to read: 117-1 . 01A(5) Apprentices. - The Contractor shall comply with all applicable provisions of Section 1777 . 5 and 1777 . 6 of the California Labor Code relating to employment of apprentices on public works. " 7-1 . 03 Additional Provisions. - The following additional Paragraphs 7-1 . 23 through 7-1 . 29, inclusive, shall be inserted at the end of Chapter 7 of the Standard Specifications: "7-1.23 Contractor Not Responsible For Damage Resulting From Certain Acts of God. - As provided in Section 7105 of the California Public Contract Code, the Contractor shall not be responsible for the cost of repairing or restoring damage to the Work which damage is determined to have been proximately caused by an act of God, in excess of 5 percent of the contracted amount, provided, that the Work damaged was built in accordance with accepted and applicable building standards and the plans and specifications of the City. The Contractor shall obtain insurance to indemnify the City for any damage to the Work caused by an act of God if the insurance premium is a separate bid item in the bidding schedule for the Work. For purposes of this section, the term "acts of God" shall include only the following occurrences or conditions and effects : earthquakes in excess of a magnitude of 3 . 5 on the Richter Scale, and tidal waves . " 117-1 .24 Notice of Completion. - In accordance with the Sections 3086 and 3093 of the California Civil Code, within 10 days after date of acceptance of the Work by the City Council, the City will file, in the County Recorder' s office, a Notice of Completion of the Work. "7-1 .25 Unpaid Claims. - If, at any time prior to the expiration of the period for service of a Stop Notice, there is served upon the City a Stop Notice as provided in Sections 3179 through 3210 of the Civil Code of the State of California, the City shall, until the discharge thereof, withhold from the moneys under its control so much of said CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT SPECIAL PROVISIONS CITY PROJECT 01-22 LEGAL RELATIONS&RESPONSIBILITY 8/21/02 SECTION 7-PAGE 3 moneys due or to become due the Contractor under this Contract as shall be sufficient to answer the claim stated in such stop notice and to provide for the reasonable cost of any litigation thereunder; provided, that if the Engineer shall, in its discretion, permit the Contractor to file with the City the bond referred to in Section 3196 of the Civil Code of the State of California, said moneys shall not thereafter be withheld on account of such Stop Notice. " ,,7-1 .26 Retainage From Monthly Payments . - Pursuant to Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any money withheld by the City to insure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent, who shall return such securities to the Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement for in-lieu construction payment retention provided by the City between the escrow agent and the City which provides that no portion of the securities shall be paid to the Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City will not certify that the Contract has been satisfactorily completed until at least 30 days after filing by the City of a Notice of Completion. Securities eligible for investment under Public Contract Code Section 22300 shall be limited to those listed in Section 16430 of the Government Code and to bank or savings and loan certificates of deposit . " ,,7-1 .29 Resolution of Construction Claims . - As required under Section 20104, et seq. , of the California Public Contract Code, any demand 'of $375, 000 or less, by the Contractor for a time extension, payment of money, or damages arising from the work done by or on behalf of the Contractor pursuant to this Contract; or payment of an amount which is disputed by the City shall be processed in accordance with the provisions of said Section 20104, et. seq. , relating to informal conferences, non-binding judicially-supervised mediation, and judicial arbitration. A single written claim shall be filed under this Article prior to the date of final payment for all demand resulting out of the Contract;. Within 30 days of the ,receipt of the claim, the City may request additional documentation supporting the claim or relating to defenses or claims the City may have against the SPECIAL PROVISIONS CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT LEGAL RELATIONS&RESPONSIBILITY CITY PROJECT 01-22 SECTION 7-PAGE 4 8/21/02 Contractor. If the amount of the claim is less than $50, 000, the Contractor shall respond to the request for additional information within 15 days after receipt of the request. The Contractor shall respond to the request within 30 days or receipt if the amount of the claim exceeds $50, 000, but is less than $375, 000. Unless further documentation is requested, the City shall respond to the claim within 45 days if the amount of the claim is less than $50, 000, or within 60 days if the amount of the claim is more than $50, 000 but less than $375, 000 . If further documentation is requested, the City shall respond within the same amount of time taken by the Contractor to respond, or 15 days, whichever is greater, after receipt of the information if the claim is less than $50, 000 . If the claim is more than $50, 000 but less than $375, 000 and further documentation is requested by the City, the City shall respond within the same amount of time taken by the Contractor to respond or 30 days, whichever is greater. If the Contractor disputes the City' s response, or the City fails to respond, the Contractor may demand an informal conference to meet and confer for settlement of the issues in dispute. The demand shall be served on the City within 15 days after the deadline of the City to respond or within 15 days of the City' s response, whichever occurs first. The City shall schedule the meet and confer conference within 30 days of the request. If the meet and confer conference does not produce a satisfactory request, the Contractor may pursue the remedies authorized by law. 7-1 .04 Permits and Fees . - The Contractor is required to sign a City construction permit, but the fee will be waived. 7-1 .05 Business License. - The Contractor and all subcontractors shall posses a current business license issued by the City prior to performing any work, in accordance with Title 3 of the Palm Springs Municipal Code. 7-1.06 Contractor' s Representative. - The Contractor shall designate, in writing, before starting work, an authorized representative who shall have the authority to represent and act for the Contractor. 7-1 .07 Disposal Site. - The Contractor is required to specify the route and the disposal site of the material which is required to be removed and hauled away. The Contractor shall provide this information at the pre-construction meeting. The Contractor shall CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT SPECIAL PROVISIONS CITY PROJECT 0 1-22 LEGAL RELATIONS&RESPONSIBILITY 8/21/02 SECTION 7-PAGE 5 obtain City approval for storage or disposal sites located on City-owned property by executing a hold harmless agreement prior to stockpiling on City-owned property or hauling on City routes . The Contractor will not be permitted to stockpile any removals on any adjacent vacant lots with or without the property owner' s approval. 7-1.08 Cleanup. - Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the Contractor shall keep the work site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance and residue from the saw cut operation, as required in Section 7-15 of these Special Provisions. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods . Materials and equipment shall be removed from the site as soon as they are no longer necessary; and upon completion of the work and before final inspection the entire worksite shall be cleared of equipment, unused materials, trash, rubbish and debris so as to present a satisfactory clean and neat appearance, as approved by the Engineer. All cleanup costs shall be absorbed in the Contractor' s bid. .Full compensation for all work required in this section shall be considered as included in the contract prices paid for the related items of work and no additional, compensation will be allowed therefor. 7-1 . 09 Dust Control. - A. The Contractor shall be responsible for stabilizing the disturbed soil during construction. The method which it will use must be approved by the Engineer. If a water meter is required by the Engineer during construction, the Contractor shall contact the Desert Water Agency at (760) 323-4971 to obtain said meter. The cost of this work shall be included in the price of various items in the Bid Schedule, and no additional payment will be made therefor. 13. The Contractor shall be responsible for maintaining the project site and providing adequate dust control 24 hours a day, everyday, through the duration of the project, in conformance with City requirements, Section 10 of the Standard specifications, and to the satisfaction of the City Engineer. CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT SPECIAL PROVISIONS CITY PROJECT 01-22 LEGAL RELATIONS &RESPONSIBILITY SECTION 7-PAGE 6 R/21102 7-1 .10 Protection of Existing Improvements. - It shall be the Contractor' s responsibility to protect all the existing improvements . Should the Contractor anticipate removal of any sidewalk, curb and gutter, driveway approach, trees, hedges, oleanders, fence, wall, signs, water valves, irrigation system and associated electrical service, etc. , repair and replacement shall be at least equal to existing improvements. Payment for providing all work necessary to protect, remove and restore existing improvements shall be included in the price of various items in the Bid Schedule, and no additional payment will be made therefor. 7-1 .11 Damage to Adjacent Property. - The Contractor shall be responsible for any and all damage done to existing property and adjacent properties during all construction work under this contract; and the Contractor, at its own expense, shall make any repairs that result from its operation, to the approval of the Engineer and the affected property owner. 7-1 .12 Traffic Control and Access . - The Contractor shall submit to the Engineer, at the pre-construction conference, 3 sets of the proposed traffic control plans for this project, for his approval. Any changes requested by the Engineer will be incorporated into the traffic control plans prior to issuing any permits_ The Contractor will be required to control, and detour work areas in all streets using the State of California Traffic Manual. The Contractor shall provide and maintain all necessary traffic control to protect and guide traffic for all work in the construction area, including solar powered arrow boards . All traffic controls shall be clearly posted with signs prior to the beginning of any work. All traffic restrictions listed herein are to supplement other traffic regulations of the City and are not intended to delete any part of these regulations. Local access shall be maintained to all properties on the project at all times. Any street closure shall be approved by the Engineer. 7-1.13 Travel Lanes. The Contractor is responsible for maintaining a minimum of one lane open each direction to traffic during the construction. On the remaining streets it shall maintain emergency exits to all residences and businesses at all times during construction. In the evening, the Contractor shall open the streets to regular traffic. Flaggers will be required to insure the safe flow of traffic at intersections and businesses that may be affected. This work CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT SPECIAL PROVISIONS CITY PROJECT 01-22 LEGAL RELATIONS &RESPONSIBILITY 8/21/02 SECTION 7-PAGE 7 shall be included in the price for traffic control in the Bid Schedule and no separate payment will be made therefor. 7-1 .14 Construction Signing, Lighting and Barricading. - Construction signing, lighting and barricading shall be provided on all _ projects as required by City Standards or as directed by the Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1996, or subsequent editions in force at the time of construction. 7-1 .15 Detours. - The Contractor shall construct and remove detours for the use of public traffic as provided in the special provisions, or as shown on the plans, or as directed by the Engineer. Payment for such work shall be included in the price of all items of work, and no other payment shall be made therefor. 7-1 .16 Temporary No Parking Signs . - Temporary No Parking signs shall be posted at least 24 hours, but no more than 48 hours in advance of the work (where required) . The signs shall be placed no more than 100 feet apart , on each side of the street and at shorter intervals if conditions warrant. The Contractor shall provide the signs and will be responsible for adding the dates and hours of closure to the signs . Removal of signs and furnishing and placing of barricades, if necessary, for posting of signs will be provided. All signs shall be removed within 24 hours after the effective date. 7-1.17 Safety and Health Provisions . - Attention is directed to Section 7-1 . 06 of the Standard Specifications and the provisions thereof. Cal/OSHA requirements and the provisions of the "Permit to Excavate" obtained by the Contractor from the State Division of Industrial Safety shall be complied with. 7-1 .18 Public Safety During Non-Working Hours . - Notwithstanding the Contractor' s primary responsibility for safety on the jobsite when the Contractor is not present, the Engineer at his option after attempting to contact the Contractor, may direct City forces to perform any functions he may deem necessary to ensure public safety at or in the vicinity of the job site. If such procedure is implemented, the Contractor shall bear all expenses incurred by the City. 7-1 .19 Equipment Moving. - When moving from one construction location to another, a pilot vehicle shall lead all construction equipment . Flashing lights, flags and warning signs shall be used as necessary to ensure public safety. All costs for equipment CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT SPECIAL PROVISIONS CITY PROJECT 01-22 LEGAL RELATIONS &RESPONSIBILITY SECTION 7-PAGE 8 8/21/02 moving shall be included in the prices for all bid items in the Bid Schedule and no additional payment will be-made therefor. 7-1 .20 The Contractor, An Independent Contractor. - It is understood and agreed that the Contractor is and at all times shall be, an independent Contractor and nothing contained herein shall be construed as making the Contractor, or any individual whose compensation for services is paid by the Contractor, an agent or employee of the City, or authorizing the Contractor to create or assume any obligation or liability for or on behalf of the City. 7-2 BONDS AND INSURANCE 7-2 .01 Insurance Amounts: - The limits of liability for insurance as required by Article 7-1. 12 of the Standard Specifications shall provide coverage for not less that the following amounts or greater where required by Laws and Regulations : 1. Workers ' Compensation: a) State: Statutory Amount Or a minimum of $1, 000, 000 b) Employer' s Liability: $1, 000, 000 2 . Comprehensive General Liability: a) Bodily Injury (Including completed operations and products liability and wrongful death) : $ 1, 000, 000 Each Occurrence $ 1, 000, 000 Annual Aggregate Property Damage: $ 1, 000, 000 Each Occurrence $ 1, 000, 000 Annual Aggregate b) Property damage liability insurance will provide explosion, collapse, and underground coverages where applicable. c) Personal injury, with employment exclusion deleted: CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT SPECIAL PROVISIONS CITY PROJECT 01-22 LEGAL RELATIONS &RESPONSIBILITY 8121/02 SECTION 7-PAGE 9 $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 - END OF SECTION - CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT SPECIAL PROVISIONS CITY PROJECT 01-22 LEGAL RELATIONS&RESPONSIBILITY 8/21/02 SECTION 7-PAGE 10 SECTION 8 - PROSECUTION AND PROGRESS 8-1.01 Schedule of Work. - A schedule of work shall be provided by the Contractor at the pre-construction meeting. The Contractor' s schedule, as submitted, is subject to approval by the Engineer. The Contractor shall also provide a list of all subcontractors and suppliers at said meeting. All subcontractors shall be present at the pre-construction meeting. 8-1.02 Hours of Operation. - It shall be unlawful for any person to operate, permit, use or cause to operate any of the following types of vehicles, equipment, or tools, other than between the hours of 7 : 00 a.m. to 3: 30 p.m. , Monday through Friday (no work allowed on legal holidays) , unless otherwise approved by the Engineer, and except for working premium hours as discussed under "Completion Schedule" : a) Powered Vehicles b) Construction Equipment c) Loading and Unloading Vehicles d) Domestic Power Tools - END OF SECTION - CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT SPECIAL PROVISIONS CITY PROJECT 01-22 PROSECUTION &PROGRESS 8/21/02 SECTION 8-PAGE i SECTION 9 - MEASUREMENT AND PAYMENT 9-1 GENERAL ' 9-1 .1 Description: - Payment for the various items of the Bid Sheets, as further specified herein, shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of work being described, as necessary to complete the various items of work, all in accordance with the provisions for Measurement and Payment in the Standard Specifications and these Special Provisions, and as shown on the drawings, including all appurtenances thereto, and including all costs of compliance with the regulations of public agencies having jurisdiction, including Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration of the U. S. Department of Labor (OSHA) . No separate payment will be made for any item that is not specifically set forth in the Bid Sheet (s) , and all costs therefor shall be included in the prices named in the Bid Sheet (s) for the various appurtenant items of work. 9.1 .2 Progress and Final Payments: - Acceptance of any progress payment accompanying any estimate without written protest shall be an acknowledgement by the Contractor that the number of accumulated contract days shown on the associated statement of working days is correct. Progress payments made by the City to the Contractor after the completion date of the Contract shall not constitute a waiver of liquidated damages . Subject to the provisions of Section 22300 of the Public Contract Code, a 10 percent retention will be withheld from each payment. All invoices and detailed pay requests shall be approved by the Engineer before submittal to the City for payment . All billings shall be directed to the Engineer. At the expiration of 35 days after acceptance of the Work by the City Council, or as prescribed by law, the amount deducted from the final estimate and retained by the City will be processed for payment to the Contractor, except for such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT SPECIAL PROVISIONS CITY PROJECT 01-22 MEASUREMENT AND PAYMENT S/21/02 SECTION 9-PAGE 1 Waivers of lien shall be in the forms prescribed by California Civil Code Section 3262 . Prior to final payment by the City, the Contractor shall submit a final waiver of lien for the Contractor' s work, together with releases of lien from any subcontractor or materialmen. 9-2 PAYMENT SCHEDULE 9-2 .1 Bid Schedule: - All pay line items will be paid for at the unit prices named in the Bid Sheets for the respective items of work. The quantities of work or material stated as unit price items on the Bid Sheets are supplied only to give an indication of the general scope of the Work; the City does not expressly nor by implication agree that the actual amount of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any unit price item of work in accordance with the provisions of Section 9-1 . 02, herein, and shall have the right to delete any bid item in its entirety, or to add additional bid items. 9-2 .2 Initial Mobilization: - Measurement for payment for initial mobilization will be based upon completion of such work as a lump sum, non-proratable pay item, and shall require completion of all of the listed items during the first 3 days following Notice to Proceed. Payment for Initial Mobilization will be made at the lump sum allowance named in the Bid Sheets under Item No. 1, which price shall constitute full compensation for all such work. Payment for initial mobilization will be made in the form of a single, lump- sum, non-proratable payment, no part of which will be approved for payment under the Contract until all initial mobilization items listed herein have been completed as specified. The scope of the work included under Pay Item No. 1 shall include the obtaining of all bonds, insurance, and permits; moving onto the site of all plant and equipment; and the furnishing and erecting of plants, temporary buildings, and other construction facilities; all as required for the proper performance and completion of the Work. Mobilization shall include but not be limited to the following principal items : 1 . Moving on to the site of all Contractor' s plant and equipment required for first month' s operations per Section 5-1. 10 of the Standard Specifications . 2 . Obtaining and paying for all required permits. CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT SPECIAL PROVISIONS CITY PROJECT 01-22 MEASUREMENT AND PAYMENT 8/21/02 SECTION 9-PAGE 2 3 . Posting all OSHA required notices and establishment of safety programs per Cal-OSHA as required by Section 7- 1 . 06 of the Standard Specifications. 4 . Having the Contractor' s superintendent at the job site full time as required under Section 5-1. 05 of the Standard Specifications. 5 . Submittal of required Construction Schedule as specified in Section 8-1. 04 of the Standard Specifications . In addition to the requirements specified above, all submittals shall conform to the applicable requirements of the Standard Specifications . No payment for any of the listed mobilization work items will be made until all of the listed items have been completed to the satisfaction of the Engineer. The aforementioned amount will be withheld by the City as the agreed, estimated value of completing all of the mobilization items listed. Any such withholding of money for failure to complete all such mobilization items as a lump-sum item shall be in addition to the retention of any payments pursuant to the provisions' of Public Contract Code 22300 . END OF SECTION - CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT SPECIAL PROVISIONS CITY PROJECT 01-22 MEASUREMENT AND PAYMENT SECTION 9-PAGE 3 8/21/02 SECTION 10 - CONSTRUCTION DETAILS 10-1. 1 DESCRIPTION The work under this contract shall consist of furnishing all labor, materials, vehicles, tools, machinery, equipment, etc. necessary for installing replacing existing inductive loop detectors for traffic signal vehicle detection at various locations, including saw cutting asphalt concrete pavement, installation of detector cable and associated equipment, installing new conduit for inductive loop detector lead in cable (where required) , for providing qualified supervision and all other items necessary to provide complete and operational improvements to the satisfaction of the City of Palm Springs . Such items and details not mentioned herein but required by the plans, Standard Specifications, these Special Provisions, or any addenda or clarifications shall be furnished, placed, installed or performed. 10-1 .2 MAINTAINING TRAFFIC Attention is directed to Sections 7-1. 08, "Public Convenience, " 7- 1 . 09, "Public Safety, " and 12, "Construction Area Traffic Control Devices, " of the Standard Specifications and these Special Provisions. Nothing in these Special Provisions shall be construed as relieving the Contractor from its responsibility as provided in said Section 7-1 . 09. The minimum size specified for Type II flashing arrow signs in the table following the second paragraph of Section 12-3 . 03, "Flashing Arrow Signs, " of the Standard Specifications is amended to read "36 inches by 72 inches" . The Contractor shall notify local authorities of its intent to begin work at least 5 days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make its own arrangements relative to keeping the working area clear of parked vehicles. The Contractor shall not tow any parked vehicles without authorization of the City Police Department. Full compensation for furnishing all labor, materials (including signs) , tools, equipment and incidentals, and for doing all the work involved in placing, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of traffic control plans will be included in the various bid item CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT SPECIAL PROVISIONS CITY PROJECT 01-22 CONSTRUCTION DETAILS 8/21102 SECTION 10-PAGE 1 prices in the Bid Schedule, and no additional compensation will be allowed therefore. 10-1 .3 INSPECTION OF WORK A. Description. Inspection of the work will be under the supervision of the Engineer and will include monitoring and enforcing compliance of materials, equipment, installations, workmanship, methods and requirements of the contract documents . The Engineer may be represented on the work site by Inspectors and other duly authorized representatives . All submittals and correspondence between the City and the Contractor, related to inspection of the work on this contract, shall be directed to the Engineer. 10-2 INDUCTIVE LOOP VEHICLE DETECTORS 10-2 .1 Signal Operation. - Traffic signal operations shall not be modified during construction. Throughout replacement of required inductive loop vehicle detectors, the signal system shall remain operational. No shut down of the traffic signal, . or changes to traffic signal timing, shall be allowed unless previously authorized by the City Engineer. 10-2 .2 Inspection. - An index of the location of detectors to be replaced is included in the Appendix. Prior to beginning any replacement work of indicated detectors, the Contractor shall verify that the indicated detector is inoperable. In the event that a detector appears to be functioning appropriately, but is indicated for replacement, the Contractor shall promptly contact the Engineer. Detectors that are functioning appropriately, but indicated for replacement, shall not be replaced unless specifically approved by the Engineer. The Contractor shall not receive compensation for replacement of existing detectors that are functioning appropriately if replaced without the Engineer' s prior approval . Prior to beginning any replacement work of indicated detectors, the Contractor shall also verify that the corresponding detector sensor unit is operable and functioning. If it is determined that the detector sensor unit is not 'functioning appropriately, the Contractor shall promptly contact the Engineer. Detector sensor units that are not functioning appropriately shall be replaced by the City. CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT SPECIAL PROVISIONS Y PROJECT 01-22 CONSTRUCTION DETAILS CITY /02 SECTION 10-PAGE 2 Where existing Type C detectors are found, the Contractor shall replace with the appropriate number of Type E detectors as required. If required, the Contractor shall install new conduit for inductive loop detector lead in cables if existing conduit is of insufficient capacity to allow the appropriate number of new , Type E detectors to be installed. 10-2 .2 Detectors. - Detector materials and installation shall conform to the provisions in Section 86-5 "Detectors, " of the Standard Specifications these Special Provisions, and City Standard Drawing No. 613. Loop detector lead-in cable shall be Caltrans Type B with Type 1 loop wire. In lieu of the requirements in the fourth paragraph of Section 86- 5. 01A(5) , "Installation Details, " of the Standard Specifications, slots in asphalt concrete pavement shall be filled as follows : A. Asphaltic concrete sealant for inductive detector loop installation shall be furnished by the Contractor. Rubberized sealant shall be utilized in asphalt concrete roadways only. Elastomeric sealant shall be utilized in portland cement concrete roadways only. In no case shall "hot-melt" sealant be used in any instance. B. Asphaltic emulsion sealant shall conform to State Specification 8040-41A-15 and shall be used only for filling slots in asphaltic concrete pavement. Such materials shall not be used in slots which are 16 mm (5/8-in) wide or where the slope causes the material to run from the slot. The material shall not be thinned in excess of the manufacturer' s recommendations and shall not be placed when the air temperature is less than 7 degrees C. (45 degrees F. ) . C. Residue resulting from slot cutting operations shall not be permitted to flow across shoulders or lanes occupied by public traffic and shall be removed from the pavement surface. D. Temperature of sealant material during installation shall be above 21 degrees C. ( 70 degrees F. ) Air temperature during installation shall be above 10 degrees C. (50 degrees F. ) Sealant shall be flush with the pavement surface. Minimum conductor coverage shall be 25 mm (one inch) . Loop detectors in any given lane shall not detect any vehicle in adjacent lanes . CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT SPECIAL PROVISIONS CITY PROJECT 01-22 CONSTRUCTION DETAILS 8/21/02 SECTION 10-PAGE 3 The Contractor shall test the detectors in accordance with the Standard Specifications . Existing traffic loops not scheduled for replacement that are damaged during the course of construction shall be replaced within 2 calendar days of being damaged. The cost for replacing damaged detector loops shall be considered as included in the bid item for the type of loop damaged and no additional compensation will be made therefore. 10-2 .3 Conduit Conduit to be installed underground shall be the rigid steel type for traffic signals. The conduit in a foundation and between a foundation and the nearest pull box shall be the rigid steel type unless specified. Detector termination conduits may be the rigid non-metallic type. When a standard coupling cannot be used for coupling metal type conduit, a UL listed threaded union coupling, as specified in the third paragraph in Section 86-2 .05C, "Installation," of the Standard Specifications, or a concrete-tight split coupling or concrete-tight set-screw coupling shall be used. Insulated bonding bushings will be required on metal conduit. All pull boxes shall be located behind the curb or at the locations shown on the plans . After conductors have been installed, the ends of conduits terminating in pull boxes and controller cabinets shall be sealed with an approved type of sealing compound. At locations where conduit is to be installed under Portland cement concrete or asphalt concrete pavement, and existing underground facilities require special precautions, conduit shall be installed by trenching as provided below. Installation of Conduit: Conduit shall be installed by jacking or drilling only, unless the City Engineer determines the material underlying the pavement warrants trenching. At locations where conduit is to be installed by jacking or drilling as provided in Section 86-2 . 05C, "Installation," of the Standard Specifications, and if delay to any vehicle will not exceed 5 minutes, conduit may be installed by the trenching method as follows: All trenching shall be approximately 2 inches wider than the outside diameter of the conduit to be installed and trench shall not exceed 6 inches in width. Conduit depth shall be a minimum of 24 inches or conduit nominal diameter plus 10 inches, whichever is CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT SPECIAL PROVISIONS CITY PROJECT 01-22 CONSTRUCTION DETAILS 8/21102 SECTION 10-PAGE 4 greater, except that at pull boxes the trench may be hand dug to required depth. The outline of all areas of paving to be removed shall be cut to a minimum depth of 3 inches with an abrasive type saw or with a rock cutting excavator specifically designed for this purpose. Cuts shall be neat and true with no shatter outside the removal area. Replacement of asphalt concrete pavement shall comply with Section 39 of the Standard Specifications, such that the asphalt concrete surfacing is of uniform smoothness, texture and density. The Contractor shall install 5" of Type A W' Maximum Medium asphalt concrete on compacted backfill, in conformance with City of Palm Springs Standard Drawing No. 115, or as otherwise approved by the Engineer. Replacement of Portland cement concrete shall comply with Section 73 of the Standard Specifications such that new Portland cement concrete curbs and sidewalks or other facilities that are required to be removed are joined to existing improvements to the satisfaction of the Engineer. 10-2 .4 Functional Testing. - Functional testing shall conform to the provisions in Section 86-2 . 14C, "Functional Testing, " of the Standard Specifications and these Special Provisions. Except for new or modified circuits, the City will maintain the system or systems during the test period and will pay the cost of electrical energy for the operation of all the facilities that are undergoing testing. The cost of any necessary maintenance performed on the new of modified circuits by the City, except electrical energy, shall be at the Contractor' s expense and will be deducted from any monies due, or to become due the Contractor. The functional test for each lighting system shall consist of not less than 5 days . If unsatisfactory performance of the system develops, the conditions shall be corrected and the test shall be repeated until the 5 days of continuous, satisfactory operation is obtained. 10-2 .5 PAYMENT. - The unit price paid for each detector shall include full compensation for furnishing all traffic control; for furnishing all labor, materials, tools, equipment and incidentals; for doing all the work involved in furnishing and installing each detector; and for furnishing and installing new conduit for installation of inductive loop detector lead in cable where existing conduit lacks sufficient capacity to carry the required number of detector loops; complete in place, as specified in the CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT SPECIAL PROVISIONS CITY PROJECT 01-22 CONSTRUCTION DETAILS 8/21/02 SECTION 10-PAGE 5 Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefore. 10-2 . 6 GUARANTEE OF WORK AND MATERIALS The Contractor shall assure and guarantee the work and material for a period of one year form the date of the final Notice of Completion against any and all defective work done or defective materials furnished in the performance of the contract. - END OF SECTION - CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT SPECIAL PROVISIONS CITY PROJECT 01-22 CONSTRUCTION DETAILS 8/21/02 SECTION 10-PAGE 6 CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING DEPARTMENT PART III - APPENDIX MISCELLANEOUS INDUCTIVE LOOP REPLACEMENT PROJECT CITY PROJECT 01-22 Location Index Location Map CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT CITY PROJECT 01-22 CONTENTS 8/21/02 PART III CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT CITY PROJECT 01-22 TRAFFIC SIGNAL LOOP DETECTOR LOCATION INDEX Priority Location Direction Tvpe Quantity of Travel 1 Ramon Road at Sunrise Way North Left-Turn Presence 3 South Thru Presence 4 South Left-Turn Presence 3 East Left-Turn Presence 3 West Thru Advance 2 West Thru Presence 4 West Left-Turn Presence 3 2 Ramon Road at Farrell Drive South Left-Turn Presence 3 East Thru Presence 4 West Thru Presence 4 3 Ramon Road at El Cielo Road North Thru Presence 4 North Thru Advance 2 North Left-Turn Presence 3 South Thru Presence 4 South Thru Advance 2 South Left-Turn Presence 3 West Thru Presence 4 West Thru Advance 2 West Left-Turn Presence 3 4 Ramon Road at Crossley Road North Thru Presence 4 North Thru Advance 2 North Left-Turn Presence 3 South Thru Presence 4 South Thru Advance 2 South Left-Turn Presence 3 5 Ramon Road at Calle Encilia East Thru Advance 2 West Thru Advance 2 6 Ramon Road at San Luis Rey East Thru Presence 4 =1 I East Thru Advance 2 East Left-Turn Presence 3 CITYWIDE TRAFFIC SIGNAL LOOP REPLACEMENT CITY PROJECT 01-22 TRAFFIC SIGNAL LOOP DETECTOR LOCATION INDEX Priority Location Direction Tvpe Quantity_ of Travel 7 Ramon Road at Paseo Dorotea West Left-Turn Presence 3 8 S Palm Canyon Drive at Ramon Road East Thru Presence 4 9 Tahquiz Canyon Way at Sunrise Way I North Left-Turn Presence 3 South Thru Presence 4 South Left-Turn Presence 3 West Left-Turn Presence 3 10 Sunrise Way at Baristc Road North Thru Presence 4 South Thru Presence 4 East Thru Advance 2 Ism East Thru Presence 4 West Thru Presence 4 West Left-Turn Presence 3 11 Sunrise Way at Mesquite Avenue East Thru Presence 4 West Thru Presence 4 12 S Pawn Carryon Drive at Camm Parocela North Left-Turn Presence 3 East Thru Presence 4 13 E Palm Canyon Drive at Camino Real East Thru Presence 4 14 E Palm Canyon Drive at Sunrise Way West Left-Turn Presence 3 15 E Palm Canyon Drive at Farrell Drive North Thru Presence 4 16 E Palm Canyon Drive at Escoba Drive North Thru Presence 4 South Thru Presence 4 17 E Palm Canyon Drive at Cherokee Way North Thru Presence 4 18 Indian Canyon Drive at San Rafael West Thru Presence 4 East Thru Presence 4 19 Indian Canyon Drive at Garnet Avenue East Thru Presence 4 f' j •, ' 'R ', East Left-Turn Presence 3 20 Farrell Drive at Mesquite Avenue North Thru Presence 4 North Left-Turn Presence 3 South Thru Presence 4 21 Sunrise Way at Alejo Road East Thru Presence 4 West Thru Presence 4 CITY OF PALM SPRINGS CALIF0RNIA E N G I N E E R I N G D E P A T M E N T LOOP REPLACEMENT LOCATION MAP m TO 1-10 a E 111 � 3 a RACQUET CLUB RD- TO 1-10 MA 0 0 ESE LA a NSTA CHINO ill a H � LEGEND s TACHEYAH DR. ?ACIIEVAH � a` DR. d TAMAJRISKRD. REPLACE LOOPS PER TABLE MAINTENANCE Je od NOT IN CONTRACT **** • o < y MAW B° 3 CALTRANS LOCATION ANDRFJ R0. R m HALCITY L p Ea TO Wirz cufvnM � wer - 11(Ijtft_� AREN RD. 111 O OTHER EXISTING CITY SIGNALS BARISIO RD. < - BARISTO R0. � Cn r [n 0 3 RAHON RD. f0 I-10 fV 0 0 ' CAMINO PAROCfIA SUNNY DUNES RD. o LL �� SUNNY�REL TAHOUITL ) CREEK ° H J NESQlM1E AVE < MESWHE y ATE. a o MORgIW ND. o _ SONORA RD. n 3 [u EAST " PALM CANYON W ESCOBA DR a Qci(E, o � o x a � 0 0 FE W W FE V V NOT TO SCALE TO CATHEDRAL CITY xevcnoR urwwn nn BENCH PRLf`AREU murex rt¢DU¢cT xmexvmox ar. u�ui m arr s "°'+�. u.a.m rt: .mean rt: 1fARK ur city 01 rwe �v CITY OF PALM SPRINGS, CALIFORNIA a sBEF r._.NOT APPLICAYLE °" �' �`` - CITY WIDE TRAFFIC SIGNAL 12—A a27a1 am.usvm c aaim ow xa sm1 2e9a1 '� LED RETROFIT MAP 224 1 STATE OF CALIFORNIA— DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF APPRENTICESHIP STANDARDS TO: California Department of Industrial Relations Division of Apprenticeship Standards P.O. Box 603 San Francisco, California 94101 EXTRACT OF FROM: AWARDING AGENCY PUBLIC WORKS CONTRACT AWARE 832480000 City of Palm Springs Office of Procurement & Contracting 3200 E.Tahquitz Canyon Way Palm Springs, CA 92263-2743 A CONTRACT TO PERFORM PUBLIC WORKS UNDER LABOR CODE §17777.5 HAS BEEN AWARDED TO: 2. Name of General Contractor 3. Contractors License Number HMS Construction, Inc. 765590 4 Mail Address(Street Number of P.O.Box) 5. City 1225 Linda Vista Drive San Marcos 6 Zip Code 7. Telephone Number 92069 760-736-3093 8. Address or Location of Public Works Site(Include city and/or country) Palm Springs, CA USA 10. Dollar Amount of Contract Award 9. Contractor Project Number 01-22 $47,906.00 11.Starting Date(Estimated or Actual) 12. Completion Date(Estimated or Actual) MONTH DAY YEAR (USE NUMBERS) MONTH DAY YEAR (USE NUMBERS) 11/27/2002 1/22/2003 13. Type of Construction(Highway,school, 15 hospital,etc. X NEW CONSTRUCTION ❑ ALTERATIONS streets 16 Classification or Type of Workman(Carpenter,plumber,etc) Asphalt workers 17. Is language included in the Contract Award to effectuate the provisions of Section 1777 S. As required by the Labor Code? . .. ....... .... ......... . X YES NO Is language included in the Contract Award to effectuate the provisions of Section 1776, As required by the Labor Code? ...... ... .... X YES NO 18 Signatu 19. Title 20 Date Sr. Contracting September 23, 2002 Specialist 21 Prime or T ed Na a 22. Telephone Number Bruce R. Johnson 760-322-8373 PUBLIC WORKS CONTRACTS BID RESULT CHECK LIST FOR CITY CLERK OFFICE: AGR# AMOUNT City Project No: MO# DATE ..J_Dates Published: _ Tr-6rmcL� hydA Aol aocedlu p?S DIV IND APP NOTICE Y ❑N ❑ Bid Date & Time: �( p�2tY1b2r I"11 a/p�p2 a :Co PM n PROJECT: �rI�VWIcrP IfQ t C i c- (Gna I Loop Riepl0, e-W�0_ *SUCCESSFUL: 1. 1AMSr( 11C'-�-Orms+rI(�n , ITnC- 6. r5 2. "A-r-4-I MpS CrOC�ttl1lYlq -4t7. 3. SIG Yn1Q l g, 4. _ ��l�f vi {�(� Arl Seal IYq __FY1C. 9. 5. Day I nG• 10. INCOMPLETE ¢IDS: Non-responsive) WHY: t CONTRACTOR BACKGROUND CHECK: 1 '._ptf3:. r j t# ^ jp ,y - Required? Y Z N ❑ (ATTACH IF REQUIRED) Affidavit of Non-Collusion Signed & Notarized? Y RN ❑ Information required of bidder page completed? Y N ❑ Type & Amount of Insurance Required: ozeCe a44-QC.a1Pd (ATIACH AMOUNT!ARE SrECF ) Contractors License No. 1(0550,© Type(s) Status Cll-YPP Ylf @Y1d UZ. No. of days to complete work 13 5 Working f Calendar Estimated Start Date: MNeXy,DZX T _I, 2Wa. Estimated Completion Date: , dilud u a(�3 No. of days in which to execute contract after Notice of Award (date City Clerk transmits contracts for execution): 15 C11AendZ r !2c , •s Davis-Bacon Exhibits (Specify Exhibits to be completed by Contractor?) -1,L-1 Any Addenda? Y ❑ N ❑ No. Addenda Signed by Contractor? Y ❑N ❑ BONDS: PERFORMANCE BOND I(](J % PAYMENT BOND )b� % CORRECTION REPAIR BOND C5 % BID BONDS: BLANK BID SPECS. Successful Bidder: CASHIER'S CHECK? Y ❑ N ❑ DEPOSITED IN T & A? Y ❑ N ❑ Five (5) extra sets Of bid Unsuccessful Bidders: specifications for contract execution CASHIER'S CHECKS? Y ❑ N ❑ DEPOSITED IN T & A? Y ❑ N ❑ Attached: Y ❑ N ❑ Which Contractor(s): ❑ Provided Previously DO SPECS & AGREEMENT FORM REFERENCE: Public Contracts Government Code Sec. 22300 Y N ❑ Labor Code 1777.5 Y ❑ N ❑ Labor Code 1774D Y N ❑ California Standard Specifications l9ya EDITION Standard Specifications for Public Works Construction EDITION DATE: BY: VENDORS & AMOUNTS BID VENDORS & AMOUNTS BID BID ABSTRACT / ID DUE �: DATE: IDDINGTO: �i u.++ L1', _��",C.. _ V UANTITY COMMODITY ITEM � MARSH CERTIFICATE OF INSURANCE CERTIFICATE NUMBER .I LOS-000311841-01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh USA Inc. NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 7251 West Lake Mead Boulevard,Suite 401 POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE Las Vegas,NV 89128 AFFORDED BY THE POLICIES DESCRIBED HEREIN. 702-804-7200 COMPANIES AFFORDING COVERAGE COMPANY 63696--ALL-01-02 A Westchester Fire Insurance Company INSURED COMPANY HMS Construction Inc B United States Fire Insurance Company 1225 Linda Vista Drive San Marcos,CA 92069 COMPANY C N/A COMPANY D State Compensation Insurance Fund CA COVERAGES.: . : - __, , ... Thls certificate supersedes:att4,replaces eny,previousty'issued certifichte,tor the_pplicy-period rrgted below 3 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTOTHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMIDD/YY) DATE(MM/DD/YY) ,q GENERAL LIABILITY GLS683515 12/16/01 12/16/02 GENERAL AGGREGATE $ 2.000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPAGG $ 2,000,000 CLAIMS MADE1XI OCCUR PERSONAL&ADV INJURY $ 1,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 X I le FIRE DAMAGE(Any one Ore) $ 50,000 X Per Pro ect A re ate CG 25 3 MED EXP A nne ersen $ 5,000 B AUTOMOBILE LIABILITY 133 6689279 04/26/02 04/26/03 COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per aeadent) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY' EACHACCIDENT $ AGGREGATE $ A EXCESS LIABILITY CUS225315 12/16/01 12/16/02 EACH OCCURRENCE $ 5,000,000 X UMBRELLA FORM AGGREGATE $ 5,000,000 OTHER THAN UMBRELLA FORM- - - - - --- -- - - $ - WORKERSCOMPENSATIONAND X TORYLIMITS ER EMPLOYERS'LIABILITY D 1669123-01 11/21/01 11/21/02 EL EACH ACCIDENT $ 1,000,000 THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT Is 1,000,000 PARTNERS/EXECUTIVE OFFICERS ARE. EXCL ELDISEASE-EACH EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS RE:Citywide Traffic Signal Loop Replacement City Project#01-22 CG 20 10 is attached. CERTIFICATE HOLDER " :CANCELLATION _ SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREO , THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL.�0_DAYS WRITTEN NOTICE TO T City of Palm Springs CERTIFICATE HOLDER NAMED HEREIN.BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION C R Department of Procurement&Contracting 3200 Tahquiez Canyon Way LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE,ITS AGENTS OR REPRESENTATIVES,OR T E Palm Springs,CA 92262 ISSUER OF THIS CERTIFICATE. MARSH USA INC. BY: John M.McAluney,Jr. +^M'1 BINA1 11yf MM7(3/02)' •..: "' - ' - VALID'AS,OF:.10/07/02 ".: POLICY NUMBER: GLS683515 COMMERCIAL GENERAL LIABILITY HMS Construction Inc THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS,LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Palm Springs Department of Procurement& Contracting 3200 Tahquiez Canyon Way Palm Springs CA 92262 RE: Citywide Traffic Signal Loop Replacement; City Project#01-22 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS THE INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work" for that insured by or for you. * It is agreed that such insurance as is afforded by this policy or by these policies for the benefit of the Additional Insured(s) shown above shall be primary insurance, but only as respects any claims, loss or liability arising out of the operations of the named insured, his sub-contractors or materialmen or shippers, and any insurance maintained by the additional insured shall be non-contributing. CG 20 10 11 85 Copyright Insurance Services Office,Inc., 1984 MARSH CERTIFICATE OOSURANCE CERTIFICATE NUMBER LOS-000311841-04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh USA Inc NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 7251 West Lake Mead Boulevard, Suite 401 POLICY.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE Las Vegas, NV 89128 AFFORDED BY THE POLICIES DESCRIBED HEREIN. IJ� 702-804-7200 COMPANIES AFFORDING COVERAGE COMPANY 63696--ALL-02-03 A Westchester Fire Insurance Company INSURED COMPANY '-N✓ �1 HMS Construction Inc B Hartford Casualty Insurance Cempany 1225 Linda Vista Drive San Marcos, CA 92069 COMPANY C N/A COMPANY D State Compensation Insurance Fund CA COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below. 5 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DDIYY) DATE(MMIDD/YY) A GENERAL LIABILITY OILS 755320 12/16/02 12/16/03 GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $ 2,000,000 CLAIMS MADE I OCCUR PERSONAL&ADV INJURY $ 1.000.000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 X ti le FIRE DAMAGE(Any one fire) $ 50,000 X Per Pro'ectAggregate CG 25 3 MED EXP(Any oneperson) 5,000 B AUTOMOBILE LIABILITY 72UENUS1347 04/26/03 04/26/04 1,000,000 COMBINED SINGLE LIMIT $ X ANY AUTO ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIREDAUTOS BODILY INJURY $ X NON-OWNEDAUTOS (PeracadenU PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ A EXCESS LIABILITY CUS 711339 12/16/02 12/16/03 EACH OCCURRENCE $ 5,000,000 X UMBRELLA FORM AGGREGATE $ 5,000,000 OTHER THAN UMBRELLA FORM I $ WORKERS COMPENSATION AND X ORVLIMITS OER EMPLOYERS'LIABILITY D 1669123-02 11/21/02 11/21/03 EL EACH ACCIDENT $ 1,000,000 THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ 1,000,000 PARTNERS/EXECUTIVE OFFICERS ARE EXCL EL DISEASE-EACH EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLESISPECIAL ITEMS RE:Citywide Traffic Signal Loop Replacement City Project#01-22 CIS 20 10 is attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL_30 DAYS WRITTEN NOTICE TO THE City of Palm Springs CERTIFICATE HOLDER NAMED HEREIN,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Attn:Patricia Sanders Office of City Clerk LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE,ITS AGENTS OR REPRESENTATIVES,OR THE P 0 Box 2743 ISSUERPalm Springs,CA 92263 MARSH RSH OF USA A THIS CERTIFICATE INC � no' ""' BY. John M. McAluney,Jr. 611N- 9MGU� J/ MM1(3/02) VALID AS OF: 05/03/03