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HomeMy WebLinkAbout04512 - DEMO UNLIMITED DOWNTOWN PARKING STRUCTURE CP01-27-01 DEMOLITION DOC # 2003-003314 01/03/2003 08:00p Fee:NC Page 1 of 1 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Clerk 6 Recorder —. - _ __-- IIIIII III IIIII IIII IIII Return To: City Clerk City of Palm Springs P.O. Box 2743 Palm Springs, CA 92263-2743 NOTICE OF COMPLETION � NOTICE IS HEREBY given that: 1 The City of Palm Springs, California is a municipal corporation, organized and incorporated pursuant to L� the laws of the State of California. /fy 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 27'h day of November, 2002 5. The name of the contractor(if named)for such work of improvement was: Demo Unlimited. 6. The publicwork improvement,which was completed in the City of Palm Springs,County of Riverside,State of California,is described as follows: Downtown Parking Structure, City Project#01-27. 7. The property address or location of said property is: 275 Indian Canyon Drive, Palm Springs, CA 92262 8. City Project No. Agreement No. ttClA- Minute Order No: JZ,aOajLS 01-27 01-27-01 DATED: rZ-v.o-o'L CITY OF PALM SPRIN By xecutive irec -Airports PATRICIA A. SANDERS, being duly sworn, says. That she is the City Clerk of 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 this verification on behalf of said municipal corporation. ity Cler Index No. Demo F .tad Downtown own Pkg Stznct CPOl-27-01 AGREEffNT #4512 R2C?25;- 6-3-02 AGREEMENT THIS AGREEMENT made thi& day of ,�Q it.945D in the year 2002, 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 Demo Unlimited, Inc. hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter setforth, 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: Palm Springs Downtown Parking Structure City Project No. 01-27-01 Selective Demolition The Work is generally described as follows: provide all necessary labor, materials, equipment, hoisting, scaffolding, tools, rigging and anything else necessary to complete the Selective Demolition Work for the Palm Springs Block 28 Parking Structure Project. 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 considerable financial loss if the Work is not completed within the time specified in said Notice to Proceed, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The damages suffered by the City would be extremely difficult or impractical to determine in the event of a Breach by the Contractor. Accordingly, the City and Contractor agree that the Contractor shall pay the amount provided below, as liquidated damages, for each calendar day that the Work is not completed in the time set forth above: $750.00 per day ARTICLE 3 --CONTRACT PRICE The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid and Bid Schedule(s). iY ARTICLE 4 -- THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the accepted Trade Bid and trade Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Notice of Award, Notice to Proceed, Notice of Completion, General Conditions of the Contract, Supplementary General Conditions, Exhibits A through G, Construction Drawings and Specifications, Addenda numbers (None) to (None), inclusive, and all Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5 -- PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with provisions of the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the City as provided in the Contract Documents. ARTICLE 6 -- NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7 -- MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications as amended by the Special Provisions will have the meanings indicated in said Standard Specifications and Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due maynot 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. (Signatures on Next Page) IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY OF PALM SPRINGS ATTEST: a mu icipal corporat'on By: , M � j City Clerk City Manager w Agreement over/u.>W,- $25,000 APPROVED AS TO FORM: Revtemved and ixpproVed by Procurement& Cmttracting By:�r �v�� Initials 4 Date` z'r, City Attorney P+O*Number p CONTRACTOR: Check one:_Individual_Partnership L 'Corporation APPROVED 5y Tit- Corporations require two notarized signatures: One from each of the following: A. Cheir 'm o Board, President, or any ice 4 C President:AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief FinancidltOFficer). ,19 e- C\N \ By: \ i'��t'j\l " �j11 'x, By: f;r'' P , °✓ r SiqnTaT ur�ofarized) .Signature(notarized) Name: 's L' z ;i "i Name: /14< r yt2f,ca Title: '-�'�'E'=, t C�f;v7�d Title: State of A1 r"Ydl bt- I State of County of iske° lss County of f ye✓i Ik1r, Iss � �7 / On fore me,_Ll t�'76�r B`? 6)ryy ITO On �.)g fore me, L/m personally appeared lf;�L1^L1 bU yl (.,/d V'�t.b personally appeared rfloli outm, personally known to me (air-pr ed--to-neon-the--basis-of personally known to me ,(.o�prnued-ton,�on-'ttre-basis--ef satisfactory-evidenee)to be the persona)whose name(s)is/gce satisfactory-evidenee)to be the person(pj whose name(sj is/arc subscribed to the within instrument and acknowledged to me subscribed to the within instrument and acknowledged to me that Wshe/they executed the same in Fjis/her/tbetr authorized that he/shg/they executed the same in his/,bet/theif authorized capacity(0), and that by Us/her/tiiefr signaturejs) on the capaaty(Ijas), and that by his/W/thaif signature(4 on the instrument the person(,$),or the entity upon behalf of which the instrument the personf.$),or the entity upon behalf of which the person;.6)acted,executed the instrument. personf,91 acted,executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official seal. Notary Signature: Notary Signature: ` j'Y4,Z�lil Notary Seal: Notary Seal: LINDA B.SMITH 4} LINDA B.SMITH Commission/1349545 z 1 Commission f 1349945 Notary Public-California Ty- i z Notary Public-California z j Riverside County Riverside County My Conan.Expires Apr 7,2006 My Comm.Expires Apr 7,2006 • , K� _ 1 s ,� �; ,. . .,"I �,s�m.�,,iw �i„ J sv �.�,.�,,.............._....,.�...wwMM, ,. .._,n..-rig J4�� .rl, ��_, ' EXECUTED IN QUADRUPLICATE Bond No. 832617P Premium: $1,390.00 PERFORMANCE BOND PREMIUM FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE KNOW ALL MEN BY THESE PRESENTS, That DEMO UNLIMITED,INC.,as Contractor and INDEMNITY COMPANY OF CALIFORNIA , as Surety, are held firmly bound unto the City of Palm Springs,a Charter City, organized and existing in the County of Riverside,California,hereinafter called the "City," in the sum of: Sixty Nine Thousand Five Hundred($69 500 00) dollars, for the payment of which sums well and truly to be made,we bind ourselves,our heirs, executors,administrators, successors,and assigns,jointly and severally, firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said City to perform the Work as specified or indicated in the Contract Documents entitled: PALM SPRINGS DOWNTOWN PARKING STRUCTURE CITY PROJECT 01-27-01 SELECTIVE DEMOLITION 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 Contact Documents,release either said Contractor or said Surety,and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNATURES ON NEXT PAGE SIGNED AND SEALED,this 21st day of May ,4PC 2002. Contractor DEMO UNLIMITED, INC. Contractor By BY Title�S�S�Ann Title . J) i o n Corporations require two notarized signatures: One from each of the following: 1. Chairman of Board, President, or any Vice President: AND 2. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). SEAL AND NOTARIAL ACKNOWLEDGMENT OF URETY Surety DEMNITY CO A OF CAL ORNIA By Title Marie C. King Attorney-in-fact. CALIFORNIA ALL-PURPOO ACKNOWLEDGMENT State of California County of Los Angeles On May 21, 2002 before me, G. R. Dillingham Data Name and Title of Officer(e.g.,"Jane Doe,Notary Public') ' personally appeared Marie c. Ring Name(s)of Signer(s) ' x®personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, Cc nm, wiolr icfs I„r executed the instrument. NotlltiV r'urahc G n4nhlr,im �. rivennkja e 1,1 Illy i� WITNES my hand and cial seal. � i t 14i,1,`Sfn31t^.i 1i3 il�r Ci^,I`� i Signature of Notary Public OPTIONAL Though the information below is not required bylaw,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General KKAttorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: m 1994 National Notary Aeecciation•82W Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder.Call Tall-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of it ll `Dn On ZOOZ- before me, 40"� - Y1� 0 TA aOal Tine or of to g,"Jana llola,labile') personally appeared 'TA (/qf we oplal �Ilfld rf hu Naae(s)of S[grar(a) Xpersonally known to me 11 proved to me on the basis of satisfactory ,�j evidence to be the person(s) whose name(s) Jsiare subscribed to the within instrument and �J acknowledged to me that 4elshefthey executed �il Y the same in his/her/their authorized capacity(ies), and that by his1her/their )i �J LINDA B.SMITH signature(s) on the instrument the p erson(s), or i'l Commission 0 1349945 the entity upon behalf of which the person(s) gi 11 Notary Public-California Z acted, executed the instrument. Cil Z Riverside County 0 4 My Cornm.Expires Apf 7,20 WITNES hand and official seal. dignatu%zi Nqtafy Puud 1111 II 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 A Description of Attached DOCLIment Title or Type of Document: Document Date: )_ 2_ Number of Pages: III Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: (11, r)6( F] Individual � ' rlu' N i Title • � 2a ,`Corporate office — O6 wsn � [I Partner—0 Limited El General [I Attorney-in-Fact If�1 El Trusteeiil L1 Guardian or Conservator 1i1�, El Other- Signer Is Representing:"b"Nko 0 1999 Nallonal NolavAssoarathor-9350 Do Soto Ave,DO Box 2402•Chatavo,ill,CA 91313-2402-wwwaitionanotar,org Prod.No 5907 Reorder Call Toll-Fide 1 800-876-6827 ! • EXECUTED IN QUADRUPLICATE Bond No. 832617P Premium included in Performance Bond PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That INDEMNITY COMPANY OF CALIFORNIA as Surety, are held firmly bound unto the City of Palm Springs, a Charter City,organized and existing in the County, of Riverside, State of California,hereinafter called the "City," in the sum of: Sixty Nine Thousand Five Hundred($69 500 00) dollars for the payment of which stun well and truly to be made, we bind ourselves,our heirs, executors, administrators, successors,and assigns,jointly and severally,firmly by these presents. WHEREAS,said Contractor has been awarded and is about to enter into the annexed agreement with said City to perform the Work as specified or indicated in the Contract Documents entitled: PALM SPRINGS DOWNTOWN PARKING STRUCTURE CITY PROJECT O1-27-01 SELECTIVE DEMOLITION NOW TIIEREFORE,if said Contractor, its subcontractors,its heirs,executors,administrators,successors,or assigns shall fail to pay for any materials,provisions,provender, equipment or other supplies used in,upon, for or about the performance of the Work contracted to be done, or for any work or labor thereon of any kind,or for amounts due under the Unemployment Insurance Code,or for any amounts required to be deducted,withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor,all as required by the provisions of Title XV,Chapter 7, Sections 3247-3252,inclusive,of the Civil Code of the State of California and acts amendatory thereof,and sections of other codes of the State of California referred to therein and acts amendatory thereof,and provided that the persons,companies,or corporations so flunishing said materials,provisions,provender,equipment or other supplies, appliances or power used in,upon, for or about performance of the work contracted to be executed or performed,or any person, company or corporation renting or hiring implements or machinery or power for or contributing to said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor,shall have complied with the provisions of said laws,then said surety will pay the same in an amount not exceeding the sum herembefore set forth and also will pay,in case suit is brought upon this bond, a reasonable attorney's fee,as shall be fixed by the Court.This bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. PROVIDED,that any alterations in the Work to be done or the materials to be famished, or changes in the time of completion,which may be made pursuant to the 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 said alterations or extensions of the Agreement is hereby waived by said Surety. SIGNATURES ON NEXT PAGE • SIGNED AND SEALED, this 2 1 s t day of May , 20 2 Suret I EMNITY COM N 0 CALIF RNIA Contractor DEMO UNLIMITED, INC. By By Title Marie C. King, Attorney-in-fa t. Title 1y�a���n (SEAL AND NOTARIAL ACKNOWLEDGME T OF SURETY) Contractor By ///C ✓.rll� Title Qj Corporations require two notarized i signatures: One from each of the following: 1. Chairman of Board, President, or any Vice President: AND 2. Secretary,Assistant Secretary,Treasurer,Assistant Treasurer, or Chief Financial Officer). CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT % -< State of California I ss. 31 County of On 1� . e � r� CJ before me, V)� fJ �fW0 4 �8� � 9f Y Y tf �t�WldG 4j Data y }�pNme and le ofCllmer(e9,"ana Co..Notary Pubhc') 4 I�g personally appeared � 1 �d•8a'�'9 '>I 4 Nanan of of Si9ner(e) '{ Kpersonally known to meIf s ❑If, proved to me on the basis of satisfactory >I evidence it to be the person(s) whose name(s) ,ii I subscribed to the within instrument and KI acknowledged to me that be/she/they executed Pel the same in hWhcrr/their authorized capacity(ies), and that by hisXIier/their ;I u- LINDA B.SMITH signature(s) on the instrument the person(s), or I'y; it- Commission i1349945 the entity upon behalf of which the person(s) «; Notary Public-California acted, executed the instrument. ,y Riverside County G NNC«nm.Expires Apr 7,2pp(i WITNES, my hand and official,sea]. 91916flloa o> bl f �1 I OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent II fraudulent removal and reattachment of this form to another document. at { Description of Attached Document Title or Type of Document: @r�'��"� , �i� ?��d? � Document Date: Number of Pages: Signer(s)Other Than Named Above: ;I Capacity(ies) Claimed by Signer � �,'i „I O Signer's Name: ,' -o Wh A ot,V�t3' MERFM ❑ Individual e �' r Top of III here 5 dd,, �'" Corporate Officer—Title(s): �EC;I��fi"� �l�/t�Lf'A 9V lb`�SC�9Crii to 'F ❑ Partner—CI Limited ❑ General ❑ Afforney-In-Fact h) �i;l ❑ Trustee ;; ❑ Guardian or Conservator ❑ Other: �91 il its Signer Is Representing: 91999 National Notary Aosomallon•9350 Be Soto Ave PC Box 2402•Choawmlh,CA 91313-2402 www nefmnalmlo,o,g� Pmtl.No.5907 Roorder.Call Toll Free 1 BOO 876 6B9 CALIFORNIA ALL-PURPA ACKNOWLEDGMENT State of California County of Los Angeles On May 21, 2002 before me, G. R. Dillingham Data Name and Title of Officer(e.g.,"Jena Bass,Notary Pubbd) ' personally appeared Marie c. xing Nani of Signer(s) ' xxrl personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, car, LI (NGHADA � ;- executed the instrument. (( r Icin r 1321673 If, . r'`•'`ky', §L'u'ary Public-Cali€Crnia s Y WITNE S m hand and official seal. s:A!,1i 7 nivarsi�"lc�,County '% hty Cusnrn.u�y7ira,�n.in I�,2C;`�-5 j,' Signature of Notary Public OPTIONAL Though the information below is not required bylaw,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General EXAttorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-71 B4 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623•(949)263-3300 KNOW ALL MEN BY THESE PRESENTS,Thal except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint- ***Marie C. King*** as their true and lawful Atforney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and grunting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Altorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November I,2000 RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the allorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be,and each of[hem hereby is,authorized to attest the execution of any such Power of Altorney; RESOLVED.FURTHER,that the.sronannes of such olficers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate be,irin,such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any band,undertaking or contract of suretyship to which it is attached IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8'h day of January.2002 By AND• , PANV Dav id H Rhodes,Executive Vice President �JQ' o"RPORq�'�F6i'% GOMPP OR O C w OCT. 2 =G OCT.5 o '^ By 1967 .Waller A.Crowell, Secretary •°�d'.. /..W P•••''dD O� Oq</FOPwP d= STATE OF CALIFORNIA ) )SS COUNTY OF ORANGE ) On January 8,2002,before me,Antonio Alvarado,personally appeared David H. Rhodes and Waller A Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the nersons acted.executed the instrument. WITNESS my hand and official seal ANTONIO ALVARADO COMM.81300303E (/ Notary Public-California � TY Signtu ares4; emy CORANGEomm Expires OPRIN 10,20D5j CERTIFICATE The undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in theCity of Irvine,California,the 215tday of May, 2002 By David G.Lane,Chief Operating Officer ID-1380(01/02) SCOPE OF WORK TRADE CONTRACT NO. I SELECTIVE DEMOLITION BLOCK 28 PARKING STRUCTURE CITY OF PALM SPRINGS, CALIFORNIA Provide all necessary Tabor, materials, equipment, hoisting, scaffolding, tools, rigging and anything else necessary to complete the Selective Demolition Work for the Palm Springs Block 28 Parking Structure Project. I. GENERAL: A. All conditions as set forth in the Turner Safety Program dated February 13, 2001 (Exhibit A), Master Construction Schedule for Bidding Information (Exhibit B), General Liability and Automobile Insurance Limits (Exhibit C), Document List dated May 6, 2002 (Exhibit D), Construction Manager's Standard Provisions (Exhibit E) and Temporary Utilities for Construction Purposes (Exhibit F) are to be considered as part of the work. B. The Drawings and Specifications dated May 6, 2002 (Exhibit G), indicate the General Scope of Work. C. Trade Contractors shall carefully examine this Scope of Work to be performed and the relationship of this work to the work being performed by other Trade Contractors. D. Where a Specification Section is specifically included in the scope of this Trade Contract, it is intended that all work covered by that Specification Section will be included except as otherwise specifically noted. Other specification sections referred to either in these specifications or on the Drawings are included by reference. E. The word "provide" when used herein shall mean furnish and install completely, including all costs of labor, materials, equipment, hoisting, layout, scaffolding, tools, rigging and any other facilities necessary to complete the Work. II. SCOPE OF WORK A. The work defined in the Specification Sections listed below is specifically included in the Scope of Work of this Trade Contractor: Specifications incorporated into Drawings. B. As further clarification, Trade Contractor shall: 1. Provide sawcutting, breaking and removal of existing asphalt paving at the footprint of the building and as outlined on the Drawings. 2. Provide removal of existing sidewalks, landscaping and trees, curbs, planters, wheel bumpers, bollards and any other objects within the area of new building construction. Page 1 5/6/2002 P,J ills prings Paikmg Strocturc Scope of Work Selective Demolition Page 2 3. Provide removal of existing Saloon and Clip Joint Buildings, as well as the existing wall between them, as shown on the Drawings. 4. Provide removal of existing light pole bases. Coordinate with Electrical Trade Contractor. 5. Provide removal of exiting asphalt North of the Chop House, designated as Phase 3 Removal. 6. Provide removal of exiting CW wall at the South-East end of the property, along Indian Canyon Drive and Baristo Road. 7. Provide removal of all grown trees, with the exception of the fully-grown palm trees(the latter will be removed and stored by another Trade). 8. Provide sawcutting and removal of existing concrete at Baristo Road for the new Fire and Domestic Water Services. 9. Provide asphalt sawcutting and removal of(1) parking lane and (2) additional lanes at Indian Canyon Drive. 10. Provide removal of existing underground small storage tank, dry well and broken concrete slabs, as outlined on the Drawings and described in Notes (4), (5)and(6). 11. Provide (3) separate stages for the Work, as outlined on the Construction Drawings. 12. Provide removal of(9)barrels of soil samples currently on site but not shown on Construction Documents. 13. Provide temporary utilities to TCCo trailer. This includes (1) %" hose bib and (1) 200 amp, 3 phase, 120 volt service. Cost of water and power consumption usage will be paid by the City of Palm Springs. 14. Provide flagmen and other traffic control during the course of your work. 15. Provide on-site dust control and clean-up of soil on adjacent sites and streets for the work. Include street sweeper if necessary. 16. Provide de-watering of the site as a result of rain or surface run-off. 17. Obtain the necessary approval from the City of Palm Springs for any proposed haul routes within the city limits or neighboring cities. 18. Comply with all regulations and laws applicable to handling and disposing of any excavated material. 19. Provide water required for construction and dust control. Page 2 5/6/2002 PulIII Spi ingti Parking SLrneWIC Scope of Work Selective Demolition Page 3 20. Provide and mamtam an erosion and storm water run-off plan (Storm Water Pollution Prevention Plan) for the entire site in accordance with the applicable agency requirements. Remove any sandbags, etc at the end of your Work. 21. Include all necessary move-ins for the completion of the Work. 22. Obtain all approvals that may be required by the City of Palm Springs or any adjacent city for your haul route. 23. Provide the following insurance for Combined Single Limit or Aggregate, in the amounts described: A. Comprehensive General Liability, in the amount of 3,000,000., including: a. Premises and Operation b. Elevators C. Independent Contractors d. Blanket Contractual Including Liability Assumed by Insured Under the Subcontract. B. Comprehensive Automobile Liability in the amount of 1,000,000., including: a. Owned b. Non-owned C. Hired Automobile Exposures. C. WORK EXCLUDED: 1. The following items are specifically excluded from the Work: a. Structural excavation for footings, grade beams, and elevator pits. b. Removal of existing Site Utilities. C. Testing for or removal of hazardous materials. d. Phase II Demolition (Phases indicated on Sanborn A/E Demolition Plan). C. Demolition and backfill of Grease Interceptor (by Earthwork Trade Contractor). D. LABOR RATES: 1. To determine the sum to be paid for labor and miscellaneous incidental expenses, the following hourly rates shall be multiplied by the number of Page 3 5/6/2002 Pulm Spnngs Parking Structwc Scope of'Work Selective Demolition Page 4 approved hours for each classification of labor. These hourly rates represent full and complete compensation (including overhead and profit) for providing labor. In addition, these rates represent full and complete compensation for the cost of incidental items including but not limited to such things as small tools and equipment (valued at less than $250), travel expense, fuel, employee parking, etc. Straight Time Overtime (1.5X) a. Field Labor(Journeyman) $ /Hour $ /Hour b. Field Labor(Foreman) $ /Hour $ /Hour c. Field Labor(Gen. Foreman) $ /Hour $ /Hour E. ALTERNATES: 1. Provide alternate for grinding existing asphalt to a class U base and leaving it on site. 2. Provide alternate for supplying and installing construction fencing, including visual screen, at the perimeter of the construction site, and removing it at the end of the Project, as well as installing City supplied K-rails along Indian Canyon Drive and Baristo Road, as directed by TCCo Superintendent 3. Provide alternate for the elimination of one(1)move-in. 4. Provide removal of(1) existing grease interceptor, together with grease interceptor enclosure. 5. Provide alternate for completing Phase II demolition. Page 4 5/6/2002 0 CITY OF PALM SPRINGS DOWNTOWN PARKING STRUCTURE PROJECT #01-27 SPECIFICATIONS DATE: MAY 6, 2002 TABLE OF CONTENTS PART I - BIDDING AND AGREEMENT FORMS AND BONDS Introduction and Overview Notice Inviting Bids Instructions to Bidders List of Trades and Bid Packages Trade Bid Documents Trade Bid (Proposal) Trade 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 Contract Administration Forms Notice of Award Notice to Proceed Change Order Work Change Directive Consent of Surety Notice of Completion Waivers of Liens PART it - CONDITIONS OF THE CONTRACT General Conditions of the Contract Supplementary General Conditions PART III - EXHIBITS Exhibit A Safety Program dated 2/13/2001 Exhibit B Construction Master Schedule Exhibit C General Liability & Automotive Insurance Limits Exhibit D Document List, dated May 3 , 2002 Exhibit E Construction Manager' s Standard Provisions Exhibit F Temporary Utilities for Construction Purposes Exhibit G Liquidated Damages PALM SPRINGS DOWNTOWN PARKING STRUCTURE CONDITIONS OF THE CONTRACT CITY PROJECT 01-27 GENERAL CONDITIONS-CONTENTS DATE 5l6l02 PART IV - CONSTRUCTION DRAWINGS AND SPECIFICATIONS Sanborn A/E, Inc . Project Drawings dated May 6, 2002 . Walker Parking Consultants Project Drawings dated April 30, 2002 . PART V - SCOPES OF WORK (BY TRADE FOR ALL TRADES) PALM SPRINGS DOWNTOWN PARKING STRUCTURE CONDITIONS OF THE CONTRACT CITY PROJECT 0 1-2 7 GENERAL CONDITIONS-CONTENTS nATF SiFm2 CITY OF PALM SPRINGS, CALIFORNIA DOWNTOWN PARKING STRUCTURE INTRODUCTION AND OVERVIEW The Palm Springs Downtown Parking Structure is owned and operated by the City of Palm Springs. It is located at the central business district of Palm Springs, California, in the Coachella Valley of Riverside County, in Southern California. The Structure is approximately 110 miles east of Los Angeles, 130 miles northeast of San Diego, 500 miles southeast of San Francisco, 240 miles southwest of Las Vegas, Nevada, and 280 miles west of Phoenix, Arizona. The project is contained within approximately 50,000 square feet of land and has a field elevation of 462.19 above mean sea level. The City has contracted with Turner Construction Company to serve as Construction Manager for the project. Turner Construction Company 36 Executive Park, Suite 150 Irvine, CA 92614 ATTN: David Cattle All trade contracts will be awarded and held by the City of Palm Springs. A list of all trades being bid for this project is included with this bid package Bid Package#1 Selective Demolition Bid Package#2 Site Preparation & Earthwork Bid Package#3 Site Utilities CITY OF PALM SPRINGS, CALIFORNIA 3200 E. TAHQUITZ CANYON WAY PALM SPRINGS, CALIFORNIA 92262 NOTICE TO TRADE CONTRACTORS INVITING BIDS FOR CONSTRUCTING THE PALMS SPRINGS DOWNTOWN PARKING STRUCTURE CITY PROJECT NO. 01-27 N-1 NOTICE IS HEREBY GIVEN: That sealed Bids will be received at the Office of the Director of Procurement & Contracting at 3200 E. Tahquitz Canyon Way in the City of Palm Springs for the construction of the Palm Springs Downtown Parking Structure, City Project No. 01-27, and appurtenant work in strict accordance with Contract Documents on file at the Office of the Director of Procurement & Contracting of the City of Palm Springs. The City has contracted with Turner Construction Company, to be the Construction Manager for the project. The project's trade contracts will be awarded and held by the City of Palm Springs. N-2 DATES OF OPENING BIDS: Bids will be received at the Office of Procurement & Contracting of the City of Palm Springs, California, until 4:00 P.M., local time, on May 15, 2002, for the following trades: Selective Demolition, Bid Package 1 Site Preparation & Earthwork, Bid Package 2 Site Utilities, Bid Package 3 Immediately after the time established as the deadline for receipt of bids, bids will be opened and read aloud. Bids shall be submitted in sealed envelopes marked on the outside "Trade Bid for Palm Springs Downtown Parking Structure". The name of the trade and the Bid Package Number shall all be clearly marked on the outside of the envelope. N-3 LOCATION OF THE WORK: The Work to be constructed hereunder is located on the southeast corner of Indian Canyon Drive and Baristo Road in the City of Palm Springs, California. N-4 DESCRIPTION OF THE WORK: The overall project consists of constructing a three (3) level 121,235 square feet, 375 spaces parking structure. The foundations are spread footings. The structure is cast in place post tension concrete, with concrete columns, beams, girders, elevator pits and shear walls. The exterior facades along the East and South faces consist of 8" concrete masonry unit and plaster at spandrels. There are metal urns and architectural steel at entries. The perimeter is enclosed by cable handrails, the parking control is achieved through automatic gates with controllers. Cantilevered fabric shade structures are located at structure's top level. Separate Bid Documents identify the work to be performed according to trade. N-5 COMPLETION OF THE WORK: Time is of the essence! The Work must be performed according to time lines identified in each trade bidding document. The overall start of Page 1 of 4 demolition is anticipated to be June 3, 2002, construction to begin on June 24, 2002, and the overall project completion date is scheduled to be November 27, 2002 The start date for each trade will be coordinated with the overall project time-lines and will be communicated by issuance of a "Notice to Proceed". "Liquidated Damages" clauses are included in Bidding Documents by Trade and resultant Contracts for selected trades. N-6 BID SCHEDULES: For certain trades, the Bid Documents may contain two or more separate bid schedules, i.e., Bid Schedule "A" and Bid Schedule "B". When this occurs, Bidders must bid on all of the Bid Schedules or the Bid will be considered as non- responsive and will be subject to rejection. However, the City will award only one Bid Schedule. N-7 AWARD OF CONTRACT: (a) The City reserves the right after opening Bids to reject any or all Bids, to waive any informality (non-responsiveness) in a Bid or to make award to the lowest responsive, responsible Bidder and reject all other Bids, as it may best serve the interests of the City. (b) As a condition of award, the successful Bidder will be required to submit bonds and insurance prior to execution of the Agreement by the City. Failure to meet this requirement shall constitute abandonment of the Bid by the Bidder and forfeiture of the Bid Bond. Award will then be made to the next lowest bidder. N-8 LOCAL BUSINESS PROMOTION: In determining the lowest responsible Bidder, the 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, as set forth in the Instructions to Bidders. N-9 BID SECURITY: Each Bid shall be accompanied by a certified or cashier's check or Bid Bond in the amount of at least 10 percent of the total Lump Sum Bid price, payable to the City of Palm Springs, as a guarantee that the Bidder, if its Bid is accepted, will promptly obtain the required Bonds and Insurance, and will prepare the required submittal documents and execute the Agreement. N-10 BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a period of 30 calendar days from the date of the Bid opening. N-11 CONTRACTOR'S LICENSE CLASSIFICATION: In accordance with the provisions of California Public Contract Code Section 3300, the City has determined that the Contractor shall possess a valid California State Contractor's license. The Bidder shall possess a valid license in the specified classification (see below) at the time that the Bid is submitted, as required under California Business and Professions Code Section 7028.15, unless exempt thereunder. Failure to possess the specified license at the time of submitting a Bid shall render the Bid as non-responsive and must be rejected. The minimum license necessary to perform the Work by trade is as follows: Selective Demolition ("A") Site Preparation & Earthwork ("A") Site Utilities ("A") Page 2of4 0 N-12 PREVAILING WAGE RATES NOT APPLICABLE: Funding for the Work is with all local funds and, as provided under City Charter, will NOT require compliance with the prevailing wage requirements of the State of California N-13 RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract 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. The value of such securities, if deposited by the Contractor, shall be as determined by the City, whose decision on valuation of the securities shall be final. Securities eligible for investment hereunder shall be limited to those listed in Section 16430 of the Government Code, or bank or savings and loan certificates of deposit. N-14 MANDATORY PRE-BID CONFERENCE AND WALK-THROUGH OF WORK SITE: Prospective Bidders are required to attend a mandatory Pre-Bid Conference and Walk- Through of the proposed work site and existing facilities, which will be conducted by the City to acquaint the Bidders with existing site conditions. The Pre-Bid Walk-Through will be conducted from 9:00 a.m. to 11:00 a.m., local time, on May 10, 2002. Failure to participate in the Pre-Bid Conference and Walk-Through will qualify Bidder as non- responsive. Participants of the Pre-Bid Conference and Walk-Through will meet in the large conference room at the Palm Springs City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California. N-15 EXISTING REPORT ON SITE INVESTIGATION: (a) The Bidder's attention is directed to the fact that two reports were prepared for the City of Palm Springs by Earth Systems Southwest, of Bermuda Dunes, CA., entitled "Report of Phase I Environmental Site Assessment Seven Contiguous Particles South Palm and Indian Canyon Drives North of Baristo Road Palm Springs, California" and "Report of Phase II Investigation Former Gas Station NWC South Indian Canyon Drive and Baristo Road Palm Springs, California" dated February 7, 2002 and March 29, 2002 respectively. (b) Copies of the report are available for inspection by prospective Bidders at the office of Harold E. Good, CPPO, Director of Procurement & Contracting, 3200 E. Tahquitz Canyon Way, Palm Springs, CA., 92262, 760-323-8239. (c) Said reports are made available for the convenience of bidders only, and the City disclaims any responsibility for its contents. All statements, findings, and interpretations in said report are those of Earth Systems Southwest, and the City of Palm Springs makes no interpretations nor representations as to the accuracy of said report. All bidders shall make their own interpretations as to the conditions existing at the proposed project site. N-16 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: A full set of Contract Documents is available for inspection without charge at the Office of the Director of Procurement & Contracting, 3200 East Tahquitz Canyon Way, Palm Springs, California. Complete sets of said Contract Documents may be purchased for $25.00. If overnight mailing is requested, an additional $25.00 fee will be required. Documents are obtainable from: Page 3of4 0 • J P. Reprographics CR Reprographics 77734 Country Club Dr , Suite G2 3182 Pullman Str. Palm Desert, CA 92211 Costa Mesa, CA 92626 (760) 772-9794 (714) 751-2680 Contract Documents will be available at 12:00 P.M. local time on Tuesday, May 7, 2002. No refunds will be made of any charges for sets of Contract Documents. Checks should be made to the City of Palm Springs. N-17 ADDRESS AND MARKING OF BIDS: The envelope enclosing the Bid shall be sealed and addressed to the City of Palm Springs, and shall be hand delivered to: Director of Procurement & Contracting at 3200 East Tahquitz Canyon Way, Palm Springs, California 92262; or mailed to the Director of Procurement & Contracting, City of Palm Springs, P. O. Box 2743, Palm Springs, California 92263-2743. 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 "Trade Bid for Palm Springs Downtown Parking Structure" and the date and hour of opening Bids. The name of the Trade and the Bid Package Number shall also be clearly marked on the outside of the envelope. The certified or cashier's check or Bid Bond shall be enclosed in the same envelope with the Bid. N-18 PROJECT ADMINISTRATION: All communications relative to this Work shall be directed to David Cattle, Turner Construction Company, 36 Executive Park, Suite 150, Irvine, CA 92614, (949) 798-8100, Fax: (949) 798-1175, prior to opening of Bids. All questions relating to interpretation of the Contract Documents or products must be in writing, and responses will be in the form of addenda to the Documents. N-19 AWARD BY LUMP SUM: The Bid Packages described under paragraph N-2 are Lump Sum Bids. The Unit Prices and Labor Rates as described in the Bid Documents shall be beyond and separate from the Lump Sum Bid. N-20 DISQUALIFICATION OF BIDDERS: More than one Bid for any one trade package from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. However a Bidder may submit on more than one trade package. If a Trade Contractor submits a bid on more than one trade package, it may not condition the Bids, so that the bid price of one bid package is dependent on the award of any other bid package. Bids for more than one trade submitted in "combination"will be rejected as non-responsive. BY ORDER OF THE CITY OF PALM SPRINGS, CALIFORNIA DATE: May 3, 2002 Ad, /z 6; HAROLD E. GOOD, CPPO Director of Procurement& Contracting Page 4of4 CITY OF PALM SPRINGS INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS-Terms used m drew Instructions to Bidders and the Nonce Inviting Bids and NOT defined herem shall have the meanings assigned to them in the General Conditions The term"Bidder"shall mean one who submits a Bid directly to die City,as distinct front a sub-bidder, who submits a Bid to a Balder The terin "Project Representative" shall be as defined in the "Supplementary General Conditions " 2. COMPETENCY OF BIDDERS-In selecting the lowest responsive, responsible Bidder, consideration will be given not only to the financial standing of the Bidder,but also to the general competency of the Bidder for the performance of die 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 Section 20103 5,no Bid for die Work will be accepted from a contractor who does not hold a valid contractor's license in die Stale of California for the classifications named in the Notice Inviting Bids at the time of opening Bids 3. DISQUALIFICATION OF BIDDERS - More than one Bid for any one trade package from an individual, firm, partnership, corporation, or association under the same or different names will not be considered However a Bidder may submit on more than one trade package If a Trade Contractor submits a bid on more than one trade package, it may not condition the Bids, so that die bid price of one bid package is dependent on the award of any other bid package. Bids for more than one trade submitted in "combination' will be rejected as non- responsive. 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 Consultant of all conflicts,errors,or discrepancies noted in the Contract Documents. (b)Reference is made to the Supplementary General Conditions for identification of those reports of explorations and tests of subsurface conditions at the site which have been utilized by the Consultant in the preparation of the Contract Documents. Although such reports are not a part of the Contract Documents,subject to the limitations specified in Article 4.2 of the General Conditions, the Bidder may rely upon tie general accuracy of specified technical data contained in such reports. However,the interpretation of such technical data,including any interpolation or i 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 the technical data contained therein upon which the Bidder is entitled to rely is limited to that set forth in the Supplementary General Conditions. (d)Information and data reflected in the Contract Documents with respect to underground utilities at or contiguous to the site is based upon information and data furnished to the City and the Consultant by the owners of such underground utilities or others,and the City does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary General Conditions or the Section entitled"Protection of Existing Facilities"of the technical specifications. (e) Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground utilities and other physical conditions,and possible changes in the Contract Documents due to differing conditions appear in Article 4.2 of the General Conditions of die Contract. (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 tlhe site to conduct such investigations and tests as each Bidder deems necessary for submittal of a Bid. The Bidder shall fill all exploration and test holes made by the Bidder and shall repair damage,clean up,and restore the site to its former condition upon completion of such exploration (h)The lands upon which the Work is to be performed,the rights-of-way and easements for access thereto,and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Contractor. Easement for permanent structures or permanent changes in existing structures will be obtained and paid for by die City unless otherwise provided in the Contract Documents. (i)The submittal of a Bid will constitute an incontrovertible representation by the Bidder that tie Bidder has complied with every requirement of this Article 4;that without exception the Bid is premised upon performing the Work required by the Contract Documents and such means,methods,techniques,sequences,or procedures of construction as may be indicated in or required by the Contract Documents;and that(lie Contract Documents are sufficient in scope and derail to indicate and convey understanding of all the terms and conditions for performance of the Work. S. INTERPRETATIONS - All questions about die meaning or intent of the Contract Documents are to be duetted to the project representative, Turner Construction Company, ATTN: David Cattle, 949-798-8100, hereinafter referred to as "Project Representative." Interpretations or clarifications considered necessary by the Project Representative in response to such questions will be resolved by the issuance of c,,,"i i„a„"„"h, INSTRUCTIONS TO BIDDERS- 1 Addenda marled or delivered to all parties recorded by Turner Construction Company or the City as having received the Contract Documents. QumtmnS received less than seven(7) days prior to the date of opening Bids may not be answered Only questions that have been resolved by formal written Addenda will be binding Oral and other interpretation,or clarifications will he without legal or contractual effect 6. BID SECURITY BONDS AND INSURANCE-Each Bid shall be accompanied by it certified or cashici'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 die Work,will enter into an Agreement with the City and will furnish the necessary insurance certificates,Payment Bond, and Performance Bond. Each of said bonds and insurance certificates shall be in the amounts stated in the Supplementary General Conditions In case of refusal or failure of the successful Bidder to enter into said Agreement,the check or Bid Bond,as die case may be,shall be forfeited to the City If the Bidder elects to furmsh a Bid Bond as its security, the Bidder shall use the Bid Band form bound herein, or one conforming substantially to it in form 7. RETURN OF BID SECURITY - Within fourteen (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. S. BID FORM-The Bid shall be made on the Bid Schedule sheers bound herein and the pages shall not be removed from the bound volume. Unless otherwise provided in the Notice Inviting Bids, in the event there is more than one Bid Schedule, the Bidder may Bid on any individual schedule or on any combination of schedules. All Bid items shall be properly filled out. Where so indicated in the Bid Documents,Bid price shall be shown in words and figures,and any conflict between the words and figures,the words shall govern. The envelope enclosing the Bid shall be sealed and addressed to the City of Palm Springs. The envelope shall be plainly marked in the upper left hand comer with the name and address of the Bidder and shall bear the words, "Trade Bid for Palm Springs Downtown Parking Structure"and the date and hour of opening Bids. The name of the Trade and the Bid Package Number shall also be clearly marked on the outside of the envelope. 9. SUBMITTAL OF BIDS-The Bids shall be delivered by the time and to the place stipulated in the Notice Inviting Bids. It is the Bidder's sole responsibility to see that its Bid is received in proper time. Bids will not be accepted after the appointed time for opening of Bids,no matter what the reason. I 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 Trade 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 the 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 Trade Contractor shall be bound by said correction,subject .1 to the provisions of Section 5100 et seq.of the California Public Contract Code. 11. OUANTITIES OF WORK-(a)The quantities of Work or material stated in unit price items of the Bid are supplied only to give an indication of the general scope of the Work;the City does not expressly or by implication agree that the actual amount of work or material will correspond therewith. (b)In the event of an increase or decrease in a bid item quantity of a unit price contract,the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit prices established for such work under the Contract Documents;provided, that on unit price contracts, increases of more than 25 percent,decreases of more than 25 percent, and eliminated items shall be adjusted as provided in Article 10 of the General Conditions. 12. WITHDRAWAL OF BID-The Bid may be withdrawn by tie Bidder by means of a written request, signed by the Bidder or its 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 niterlineahons, 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. LIOUIDATED DAMAGES -Provisions for liquidated damages, if any, shall be as set forth in the Agreement and the Notice to Proceed. 15. SUBSTITUTE OR"OR-EQUAL"ITEMS-The Work,if awarded,will be on die basis of materials and equipment described in the Drawings or specified in the Technical Specifications without consideration of possible substitute or"or-equal"items. Whenever n is indicated in the Drawings or specified in the Technical Specifications that a substitute or"or-equal"item of material or equipment maybe furnished or used by the Trade Contractor if acceptable to the consultant,application for such acceptance will not be considered by die consultantunnl after the Effective Date of die Agreement The procedure for submittal of any such application by the Trade Contractor and consideration by the consultant is set forth in the Section entitled: "Contractor Submittals" of die Technical Specifications. 16. AWARD OF CONTRACT-Award of Contract,if it is awarded,will be based primarily on die 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 e„r,,,",,,",r„"a, INSTRUCTIONS TO BIDDERS-2 _ will be made within the period stated in the Notice Inviting Bids that [lie Bids are to remain open, unless extended by mutual agreement of the Bidders Unless otherwise indicated,a single award will not be made for Tess chair all[lie 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 two(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 wntten Agreement with the City on die form of agreement provided,shall secure all insurance,and shall furnish all certificates and bonds required by the Contract Documents within 15 calendar (lays after receipt of die 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 lust cause for an annulment of the award and forfeiture of the Bid Security If the lowest responsive, responsible Bidder refuses or fads 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 lire Agreement,each such Bidder's Bid Security 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,die 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 3.12.205 of the City of Palm Springs Municipal Code shall be applied to a Bid submitted by a local business enterprise or Trade 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 tie Bid of a City of Palm Springs contractor. (b) For all contract Bids proposing sub-contractors: (1) The Trade 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 Trade 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 subcontractors shall include notification of this subdivision. (4) The City may reject as non-responsive the Bid of any Trade Contractor proposing to use subcontractors that fails to comply with the requirements of this subdivision. -END OF INSTRUCTIONS TO BIDDERS- INSTRUCTIONS TO BIDDERS-3 CITY OF PALM SPRINGS CALIFORNIA DOWNTOWN PARKING STRUCTURE Project No. 01-27 LIST OF TRADES AND BID PACKAGES BID TRADE PACKAGE# SPEC TRADE BID DUE DATE 1 N/A Selective Demolition May 15, 2002 2 N/A Earthwork May 15, 2002 3 N/A Site Utilities May 15, 2002 All bids are to be received on the indicated Bid Due Date at the Office of the Director of Procurement and Contracting by 4:00 P.M. local time. GENERAL CONDITIONS OF THE CONTRACT N-0-- Art I�IP Pages 1 Definitions 1 2 Preliminary Matters 5 3 Contract Documents: Intent, Amending, and Reuse 7 4 Availability of Lands; Subsurface and Physical Conditions; Reference Points g 5 Bonds and Insurance 12 6 The Contractor's Responsibilities 16 7 Other Work 20 8 The City's Responsibilities 21 9 The Engineer's Status During Construction 21 10 Changes in the Work 23 11 Change of Contract Price 25 12 Change of Contract Time 29 13 Warranty and Guarantee; Tests and Inspections; Correction, Removal, or Acceptance of Defective Work 30 14 Payments to the Contractor and Completion 33 15 Suspension of the Work and Termination 39 16 Dispute Resolution 41 17 Miscellaneous 41 18 California State Requirements 4.2 PALM SPRINGS DOWNTOWN PARKING STRUCTURE CITY PROJECT 01-27 CONDITIONS OF THE CONTRACT DATE 5/1102 GENERAL CONDITIONS-CONTENTS 0 9 GENERAL CONDITIONS OF THE CONTRACT ARTICLE t - DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings Indicated which are applicable to both the singular and plural thereof Addenda - Written or graphic Instruments issued prior to the opening of Bids which make changes, additions, or deletions to the Bid Documents Agreement - The written contract between the CITY and the CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment - The form accepted by the ENGINEER which is to be used by the CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. Architect - Reference in these documents to Architect shall be deemed to mean the City Engineer of the City of Palm Springs. Asbestos-Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. Beneficial Use or Occupancy - Placing all or any portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching completion for all of the Work. Bid -The offer or proposal of the bidder submitted on the prescribed form setting forth the price or prices for the Work to be performed. Bidding Documents - The Notice Inviting Bids, Instructions to Bidders, the Bid Form and the accompanying Bid Schedules or Bid Sheets, List of Subcontractors, Non-Collusion Affidavit, Bidders General Information, Bid Security or Bond, Affirmative Action Program, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). Bidding Requirements - The Notice Inviting Bids, Instructions to Bidders, and the Bid Form and the accompanying Bid Schedule or Bid Sheets, List of Subcontractors, Non-Collusion Affidavit, Bidder's General Information, Bid Security or Bond, Affirmative Action Program. Bonds - Bid, Performance, and-Payment bonds and other security instruments which protect the CITY against financial loss due to inability or refusal of the CONTRACTOR to perform its Contract. Change Order-A document recommended by the ENGINEER which is signed by the CONTRACTOR and the CITY and authorizes an addition to, deletion from, or revision of in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. CITY - The CITY of Palm Springs, a charter city organized and existing in the County of Riverside, State of California, sometimes referred to as the CITY or the OWNER. Completion - Completion of the Work shall be the date of such acceptance of the Work by the CITY, as provided under California Civil Code Section 3086. Consultant - The ENGINEER, ARCHITECT, or ARCHITECT-ENGINEER firm and their designated representatives acting under contract to the CITY, acting on behalf of the CITY of Palm Springs as their authorized representative within the scope of authority defined in their contract with the CITY Contract Documents - Unless otherwise defined in the Agreement or Supplementary General Conditions, the Contract Documents shall comprise 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, List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, PALM SPRINGS DOWNTOWN PARKING STRUCTURE CONDITIONS OF THE CONTRACT CITY PROJECT 01-27 DATE 511102 GENMAL CONDITIONS-PAGE t Affirmative Action Program, the Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Notice of Award, Notice to Proceed, Notice of Completion, General Conditions of the Contract, Supplementary General Conditions, Technical Specifications, Drawings, and all Addenda, Change Orders, and Work Change Directives executed pursuant to the provisions of the Contract Documents, together with all Feld Orders and ENGINEER's written Interpretations and clarifications issued pursuant to Article 3.4 and paragraphs 3 4b 1 and 3 4b.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to Article 6.12 and paragraphs 6.12c and the reports and drawings referred to in paragraphs 4 2a 1 and 4.2b.2 are NOT Contract Documents. Contract Price - The moneys payable by CITY to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 14.11b in the case of Unit Price Work) Contract Times-The number of successive calendar days as stated in the Contract Documents for the completion of the Work to achieve Substantial Completion and so that it is ready for final payment as evidenced by the ENGINEFRs written recommendation of final payment in accordance with Article 11 and paragraph 14.11 Is. Contract Unit Price -The price quoted by the Bidder for performing or furnishing each item of work to be paid for on the basis of unit prices. CONTRACTOR-The person, firm, or corporation with whom the CITY has entered into the Agreement. CONTRACTORS Project Representative- CONTRACTORs representative for the project through whom all matters addressed to the CONTRACTOR regarding the project shall be directed. This individual and the CITY's, the ENGINEERS, or the Consultant's Project Representative shall be the only 2 individuals who shall have the authority to provide direction/receive authorization on matters pertaining to the Project. Cost of Work-The term Cost of Work(determined as provided in Articles 11.2, 11.3 and 11.4, herein) shall mean the sum of all costs necessarily incurred and paid for by the CONTRACTOR for labor, materials, and equipment in the proper performance of the Work, plus the CONTRACTORS fee for overhead and profit (determined as provided in Article 11.2, herein) (referred to in Caltrans Standard Specifications as "Force Account" work). Day-A calendar day of 24 hours, measured from midnight to the next midnight. Daily Work Reports - Cost isolation reports detailing all costs of extra work, disputed work, emergency work, or other work paid for on a force account basis and the cost of other operations. A record of daily costs separate and distinct from the daily costs of other work on the project for which a contract price has been established. Defective Work - An adjective; which when modifying the word Work, refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents, or that does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to the ENGINEERS recommendation of final payment (unless responsibility for the protection thereof has been assumed by CITY at the time of Substantial Completion in accordance with Article 14.7 or 14.8). Drawings/Contract Drawings - The drawings, plans, maps, profiles, diagrams, and other graphic representations which show the location, nature, extent, and scope of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are NOT Drawings or Contract Drawings as so defined. Effective Date of the Agreement - The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it shall mean the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. End of Contract - The End of the Contract shall be identified as being that day when the Work should be completed based upon the predefined contract period as indicated in the Contract Documents plus any time extensions granted by the CITY. ENGINEER - The ENGINEER shall mean the City Engineer of the City of Palm Springs or his authorized representative. PALM SPRINGS DOWNTOWN PAWING STRUCTURE CITY PROJECT 01-27 CONDITIONS OF THE CONTRACT DATE 511/02 GENERAL CONDITIONS-PAGE 2 ENGINEER's Estimate - On unit-price contracts, the ENGINEER's estimate shall comprise the list of estimated quantities and prices of the individual line Items of work to be performed as contained in the Bid Schedule(s). On lump-sum projects, the ENGINEER's estimate shall mean estimated contract price of the completed project. Field Order- A written order Issued by the ENGINEER which orders minor changes in the Work in accordance with Article 9 5 but which does not involve a change in the Contract Price or the Contract Times. Final Payment - Final payment shall be the last progress payment, less any specified retainage, authorized after completion and acceptance of the Work by the CITY in accordance with the provisions of California Civil Code Section 3086(c). Release of retainage cannot be made until 30 to 45 days after acceptance of the Work and recording of a Notice of Completion by the CITY. General Requirements- Sections of Division 1 of the Technical Specifications. Hazardous Waste - The term Hazardous Waste shall have the meaning provided in Section 25117 et. seq. of the California Health and Safety Code. RCRA hazardous waste shall have the meaning provided in Section 25120.2 of the California Health and Safety Code, and Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. Liquidated Damages- The dollar amount per day specified in the Agreement that the CONTRACTOR shall pay to the CITY for each and every day that the Work remains incomplete following the date of Completion specified in the Contract Documents. Liens — Mechanic's lien, stop notice, or bond right or any right against labor, services, equipment, or material furnished in connection with any project in which the claimant has bond or lien rights as defined in California Civil Code 3262. Notice of Award-The written notice by the CITY to the apparent successful bidder stating that upon compliance with the conditions precedent enumerated therein, within the time specified, the CITY will enter into an Agreement. A Notice of Award will only be issued after CITY Council Approval. Notice of Completion -The legal document filed by the CITY with the Riverside County Clerk after the project has been accepted by the CITY of Palm Springs CITY Council. This document begins the notification period when those firms or individuals who have submitted a Preliminary Notice for the project will be on notice that the project has been accepted as complete by the CITY . Notice to Proceed - A written notice issued by the CITY to the CONTRACTOR (with a copy to the ENGINEER) fixing the date on which the Contract Times will commence to run authorizing the CONTRACTOR to proceed with the Work and establishing the date of commencement of the Contract Time, and on which the CONTRACTOR shall start to perform the CONTRACTOR s obligations under the Contract Documents. OWNER- The CITY of Palm Springs, or any subdivision thereof, herein referred to as the CITY, with whom the CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. Partial Utilization - Use by the CITY of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. A written Notice of Partial Utilization will be issued to the CONTRACTORwhen such occurs. RCRA Hazardous Waste - The term RCRA hazardous waste shall have the meaning provided in Section 25120.2 of the California Health and Safety Code. Project - The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. Project Representative - The person named in the Supplementary General Conditions as the authorized representative of the CITY, or the ENGINEER, or the Consultant who may be assigned to the site or any part thereof. All liaison between the CONTRACTOR and the CITY shall be directed through the Project Representative. Radioactive Material - Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. Resident Project Representative/Project Representative- (See Project Representative) PALM SPRINGS DOWNTOWN PARKING STRUCTURE CITY PROJECT 01-27 CONDITIONS OF THE CONTRACT DATE 511102 GENERAL CONDITIONS-PAGE 3 Samples - Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be Judged Schedule of Values - Cost value of individual Work activities comprising a lump sum contract, A breakdown of a lump sum project into unit values to serve as a basis for estimating the value of the Work completed to facilitate the making of progress payments to the CONTRACTOR The unit values in a schedule of values are for convenience only, and are not intended for the purpose of pricing change orders Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for the CONTRACTOR and submitted by the CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams, and other information prepared by a supplier or manufacturer and submitted by the CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications - Those portions of the Contract Documents consisting of all of Part I: Notice Inviting Bids, Instructions to Bidders, Bid Forms, Agreement, bonds, and certificates; Part II: General and Supplementary General Conditions of the Contract; and Part III: Technical Specifications consisting of the written technical descriptions of materials, equipment, construction systems, methods, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. Standard Specifications - The Standard Specifications, where applicable, shall be as identified in the Supplementary General Conditions. Subcontractor - An individual, firm, or corporation having a direct contract with the CONTRACTOR or with any other Sub-contractor for the performance of a part of the Work at the site. Substantial Completion-Refers to the Work (or a specified part thereof) that has progressed to the point where, in the opinion of the ENGINEER, and as evidenced by ENGINEERS definitive recommendation to the CITY that the Work is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended. The terms "Substantial Completion and "substantially complete" and "substantially completed" as applied to any Work shall mean Substantial Performance of the Contract, hereunder, as defined in Black's Law Dictionary, Revised Fourth Edition, West Publishing Company. Supplementary General Conditions-The part of the Contract Documents which amends or supplements or makes additions, deletions, or revisions to these General Conditions. Supplier - A manufacturer, fabricator, retailer, wholesaler supplier, distributor, materialman, or vendor having a direct contract with the CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by the CONTRACTOR or any Subcontractor. Technical Specifications-The technical sections of the Specifications, comprising all of the Sections contained in Part III of the Specifications defined herein. Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, water, sewage and drainage removal, gases, steam, liquid petroleum products, telephone or other communications, cable television, traffic, or other systems. Unit Price Work-Work to be paid for on the basis of unit prices for the various work items. The bid price for each pay line item in a unit-price bid shall be the product of the unit price bid for each item, multiplied by the actual quantities of such items placed. In case of conflict or error between the unit price and the extended product, the unit price shall prevail and the extension corrected. Work - The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. The Work includes and is the result of performing services, or furnishing labor, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. Work Change Directive - A written directive to the CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by the CITY and recommended by the ENGINEER, ordering immediate commencement of PALM SPRINGS DOWNTOWN PARKING STRUCTURE CONDITIONS OF THE CONTRACT CITY PROJECT 01-21 DATE 511102 GENERAL CONDITIONS-PAGE 4 work on an addition, deletion, or revision of in the Work, or responding to differing or unforeseen physical conditions under which the Work Is to be performed or to emergencies as provided In the Contract Documents ARTICLE 2 -- PRELIMINARY MATTERS 2.1 Delivery of Bonds: When the CONTRACTOR delivers the executed Agreements to the CITY, the CONTRACTOR shall also deliver to the CITY such Bonds and insurance policies or certificates as the CONTRACTOR may be required to furnish in accordance with Article 5.1. 2.2 Copies of Documents: The CITY shall furnish to the CONTRACTOR up to 5 copies (unless otherwise specified in the Supplementary General Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. 2.3 Commencement of Contract Times; Notice to Proceed: The Contract Times shall commence to run on the day indicated in the Notice to Proceed or, if no Notice to Proceed is issued, on the thirtieth day after the Effective Date of the Agreement. 2.4 Starting the Project: A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.5 Starting the Work: The CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. 2.6 Before Starting Construction: a. Before undertaking each part of the Work, the CONTRACTOR shall carefully review the Contract Documents and check all applicable field measurements. The CONTRACTOR shall promptly report in writing to the ENGINEER any conflict, error, ambiguity, or discrepancy which the CONTRACTOR may discover and shall obtain a written interpretation or clarification from the ENGINEER before proceeding with any Work affected thereby; however, the CONTRACTOR shall not be liable to the CITY or the ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents, unless the CONTRACTOR knew or reasonably should have known thereof. b. Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to the ENGINEER for review: 1. A preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the Work; 2. A preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 3. On lump sum contracts, a preliminary schedule of values for all of the Work'which will include quantities and prices of items aggregating the Contract Rice and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. c. Within 15 calendar days after receipt of Agreement forms from the CITY, the CONTRACTOR shall deliver to the CITY, certificates of insurance (and other evidence of insurance which the CITY or any additional insured may reasonably request) which the CONTRACTOR is required to purchase and maintain in accordance with Articles 5.3, 5.4 and 5.5. PALM SPRINGS DOWNTOWN PARKING STRUCTURE CONDITIONS OF THE CONTRACT CITY PROJECT 01-27 DATE 511102 GENERAL CONDITIONS-PAGE 5 2.7 Preconstruction Conference: Before any Work at the site Is started, a conference attended by the CONTRACTOR, the ENGINEER, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Article 2.6,• procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.8 Initially Acceptable Schedules: Unless otherwise provided in the Contract Documents, at least 10 days before submission of the first Application for Payment a conference attended by the CONTRACTOR, the ENGINEER, and others as appropriate will be held to review for acceptability to the ENGINEER as provided below the schedules submitted In accordance with Article 2.6. The CONTRACTOR shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to the CONTRACTOR until the schedules are submitted to and are acceptable to the ENGINEER as provided below. The construction schedule will be acceptable to the ENGINEER as providing an orderly progression of the Work to completion and within the Contract Times, but such acceptance will neither impose on the ENGINEER the responsibility for the sequencing, scheduling, or progress of the Work nor interfere with or relieve the CONTRACTOR from the CONTRACTORS full responsibility therefor. The CONTRACTORS schedule of Shop Drawing and Sample submissions will he acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals. The , CONTRACTORS Schedule of Values, where required hereunder, shall be acceptable to ENGINEER as to form and substance. ARTICLE —CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.1 Contract Documents: The Contract Documents comprise the entire agreement between the CITY and the CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the laws of the place of the Project. 3.2 Intent: It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials, or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be as issued by the ENGINEER as provided in Article 9.4. 3.3 Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies: a. Reference to standards, specifications, manuals, or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. b. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual, or code or of any instruction of any Supplier, the CONTRACTOR shall report it to the ENGINEER in writing at once, and the CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.10e) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Article 3.4; provided, however, that the CONTRACTOR shall not be liable to the CITY or the ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless the CONTRACTOR knew or reasonably should have known thereof. c. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in Article 3.4, the provisions of the Contract PALM SPRINGS DOWNTOWN PAWING STRUCTURE CONDITIONS OF THE CONTRACT CITY PROJECT Dt-27 DATE 511/02 GENERAL CONDITIONS-PAGE 6 i • Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and 1 the provisions of any such standard, specification, manual, code, or Instruction (whether or not specifically Incorporated by reference in the Contract Documents), or 2 the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an Interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). d. No provision of any such standard, specification, manual, code, or instruction shall be effective to change the duties and responsibilities of the CITY, the CONTRACTOR, or the ENGINEER , or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall it be effective to assign to the CITY, the ENGINEER or any of the ENGINEERs Consultants, agents, or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility Inconsistent with the provisions of paragraph 9.9 or any other provision of the Contract Documents. e. Whenever in the Contract Documents the terms "as ordered," "as directed," "as required," "as allowed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review, or judgment of the ENGINEER as to the Work, it is intended that such requirement, direction, review, or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to the ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility Contrary to the provisions of Article 9.9 or any other provision of the Contract Documents. 3.4 Amending and Supplementing Contract Documents: a. The Contract Documents may be amended after execution of the Agreement to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 1. By formal Written Amendment, 2. By Change Order, (pursuant to paragraph 10.1 d), or 3. By Work Change Directive. (pursuant to paragraph 10.1 a). b. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 1. By Field Order(pursuant to Article 9.5), 2. By the ENGINEEll approval of a Shop Drawing or Sample (pursuant to Article 6.12, or 3. By the ENGINEERS written interpretation or clarification (pursuant to Article 9.4). 3.5 Order of Precedence of Contract Documents: a. In resolving disputes resulting from conflicts, errors, omissions, ambiguities, or discrepancies in any of the Contract Documents, unless otherwise provided in the Supplementary General Conditions, the order of precedence shall be as follows: 1. Change Orders or Work Change Directives 2. Agreement 3. Addenda 4. CONTRACTOR Bid (Bid Forms) 5. Supplementary General Conditions 6. Notice Inviting Bids 7. Instructions to Bidders PALM SPRINGS DOWNTOWN PARKING STRUCTURE CONDITIONS OF THE CONTRACT CITY PROJECT 01-27 DATE 5n02 GENERAL CONDITIONS-PAGE 7 8 General Conditions of the Contract 9. Technical Specifications 10 Contract Drawings 11 Referenced Standard Specifications 12. Referenced Standard Drawings b With reference to the Drawings the order of precedence shall be as follows. 1 Figures govern over scaled dimensions 2. Detail drawings govern over general drawings 3. Addenda or Change Order drawings govern over Contract Drawings 4. Contract Drawings govern over standard drawings 5. Contract drawings govern over shop drawings 3.6 Reuse of Documents: The CONTRACTOR and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the CITY, (i), shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of the ENGINEER or the ENGINEERS Consultant, and (ii) shall not reuse any of such Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of the ENGINEER or the ENGINEER'S Consultant, and (ii), shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of the CITY and the ENGINEER and specific written verification or adaption by the ENGINEER. ARTICLE 4 --AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.1 Availability of Lands: The CITY will furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment; provided, that the CONTRACTOR shall not enter upon nor use any property not under the control of the CITY until a written temporary construction easement agreement has been executed by the CONTRACTOR and the property owner, and a copy of said easement furnished to the ENGINEER prior to said use; and, neither the CITY nor the ENGINEER shall be liable for any claims or damages resulting from the CONTRACTORS unauthorized trespass or use of any such properties. 4.2 Subsurface and Physical Conditions: a. Reports and Drawings: Reference is made to the Supplementary General Conditions for identification of: 1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by the ENGINEER in the preparation of preparing the Contract Documents; and 2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by the ENGINEER in preparing the Contract Documents. b. The CONTRACTOR may rely upon the general accuracy of specified "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" Is specifically identified in the Supplementary General Conditions. Except for such reliance on such specified "technical data," the CONTRACTOR may not rely upon nor make any claim against the CITY, the ENGINEER, nor any of the ENGINEERS Consultants with respect to: 1. the completeness of such reports and drawings for the CONTRACTORS purposes; or 2, other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or PALM SPRINGS DOWNTOWN PARKING STRUCTURE CITY PROJECT 01-27 CONDITIONS OF THE CONTRACT DATE 511102 GIENE RAL CONDITIONS-PAGE 8 0 • 3 Any CONTRACTOR's interpretation of or conclusion drawn from any "technical data" or any such data, interpretations, opinions, or Information c. Existing structures Reference is made to the Supplementary General Conditions for Identification of those drawings of physical conditions In or relating to existing surface and subsurface structures (except Underground Utilities referred to in Article 4 4, herein) which are at or contiguous to the site that have been utilized by the ENGINEER in the preparation of the Contract Documents 4.3 Differing Site Conditions: a. If the CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that Is uncovered or revealed either 1. Subsurface or latent physical conditions at the site of the Work differing materially from those indicated, described, delineated in the Contract Documents, or 2. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then: b. The CONTRACTOR, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith, shall notify the CITY and the ENGINEER in writing about such condition. The CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith until receipt of written order to do so. c. In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, will be allowable to the extent that they are attributable to any such difference. d. The CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if: 1. The CONTRACTOR knew of the existence of such conditions at the time The CONTRACTOR made a final commitment to the CITY in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 2, the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for the CONTRACTOR prior to the CONTRACTORS making such final commitment; or 3. The CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.3b. e. If the CITY and the CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 11 and 12. However, the CITY, the ENGINEER and the ENGINEER Consultants shall not be liable to the CONTRACTOR for any claims, costs, losses or damages sustained by the CONTRACTOR on or in connection with any other project or anticipated project. f. The CONTRACTORS failure to give written notice of differing site conditions within 5 days of their discovery or before they are disturbed shall constitute a waiver of all claims in connection therewith, whether direct or consequential in nature. 4.4 Reference Points: a. The ENGINEER will provide one bench mark, near or on the site of the WORK, and will provide 2 points near or on the site from which the CONTRACTOR may establish a base line for alignment control. Unless otherwise specified in the General Requirements of the Technical Specifications, the CONTRACTOR shall furnish all other lines, grades, and bench marks required for proper execution of the WORK. b. The CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of the CITY. The CONTRACTOR shall report to the ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and/or relocation because of necessary changes in PALM SPRINGS DOWNTOWN PARKING STRUCTURE CONDITIONS OF THE CONTRACT CITY PROJECT 01-27 DATE 511102 GENIERAL CONDITIONS-PAGE 9 0 grades or locations, and shall be responsible for the accurate placement or relocation of such reference points by professionally qualified personnel 4.5 Hazardous Waste a As provided in Article 18 17, herein, in any public works contract of the CITY which involves digging of trenches or other excavations that extend deeper than 1 2 meters (4 feet) below the surface, the CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the public entity, in writing, of any: 1 Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the California Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law. 2. Subsurface or latent physical conditions at the site differing from those indicated. 3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract- b. The public entity shall promptly investigate the conditions, and If it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTORS cost of, or the time required for, performance of any part of the WORK shall issue a Change Order under the procedures described in the Contract. c. That, in the event that a dispute arises between the public entity and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTORS cost of, or the time required for, performance of any part of the WORK, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The CONTRACTOR shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 4.6 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: a. The CITY will be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. The CITY shall not be responsible for any such materials brought to the site by the CONTRACTOR its Subcontractors, Suppliers, or anyone else for whom the CONTRACTOR is responsible. b. The CONTRACTOR shall immediately: (i) stop all Work in connection with such hazardous condition and in any area affected thereby (except in an emergency as required by paragraph 6.10e), and (ii) notify the CITY and the ENGINEER(and thereafter confirm such notice in writing). The CITY shall promptly consult with the ENGINEER concerning the necessity for the CITY to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. The CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after the CITY has obtained any required permits related thereto and delivered to the CONTRACTOR special written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If the CITY and the CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by the CONTRACTOR to be resumed, either party may make a claim therefor as provided in Articles 11 and 12. c. If after receipt of such special written notice the CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then the CITY may order such portion of the Work that is in connection with such hazardous condition or in such affected area to be deleted from the Work. If the CITY and the CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Rice or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 11 and 12. The CITY may have such deleted portion of the Work performed by the CITY's own forces or others in accordance with Article 7. d. To the fullest extent permitted by Laws and Regulations, the CITY shall indemnify and hold harmless the CONTRACTOR, its Subcontractors, the ENGINEER, the ENGINEERS Consultants, and the officers, directors, PALM SPRINGS DOWNTOWN PAWING STRUCTURE CITY PROJECT 01�27 CONDITIONS OF THE CONTRACT DATE 511r02 GENERAL CONDITIONS-PAGE 10 employees, agents, other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from such hazardous condition, provided that (i) any such claim, cast, loss or damage is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work Itself), including the loss of use resulting therefrom, and (ii) nothing in this paragraph 4.6d shall obligate the CITY to indemnify any person or entity from and against the consequences of that person's or entity's own negligence. e The provisions of Article 4.2 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered Or revealed at the site. ARTICLE 5 -- BONDS AND INSURANCE 5.1 Performance, Payment, and Other Bonds: a. Upon receiving a Notice of Award, the CONTRACTOR shall furnish Performance and Payment Bonds, each in the amount set forth in the Supplementary General Conditions as security for the faithful performance and payment of all the CONTRACTORS obligations under the Contract Documents. If required under the Supplementary General Conditions, a Correction and Repair Bond shall be provided for all Work; said Correction and Repair Bond shall cover a period of not less than one year and shall be by a separate surety company. Where a separate Correction and Repair Bond is not required, the Performance Bond shall be written to remain in effect at least until one year after the date of Substantial Completion/Notice of Completion as applicable, except as otherwise provided by Law or Regulation or by the Contract Documents; provided, that after the date of Substantial Completion/Notice of Completion, as applicable, the amount of said Performance Bond, at the discretion of the CITY, may be reduced to the amount set forth in the Supplementary General Conditions. The premiums upon all such bonds shall be paid by the CONTRACTOR b. If the surety on any Bond furnished by the CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the WORK is located, or it ceases to meet the requirements of Article 5.1, the CONTRACTOR shall within 7 days thereafter substitute another Bond and surety, both of which must be acceptable to the CITY. 5.2.Licensed Sureties and Insurers; Certificates of Insurance: a. All Bonds and insurance required by the Contract Documents to be purchased and maintained by the CITY or the CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary General Conditions, or required by law, whichever is greater, and shall endorse the CITY, the ENGINEER, and the CITY's Consultants for the project as additional insured." All insurance shall be maintained continuously during the life of the Agreement up to the date of Substantial Completion/Notice of Completion, as applicable, pursuant to acceptance of the WORK by the CITY, but the CONTRACTOR s liabilities under this Agreement shall not be deemed limited in any way to the insurance coverage required. b. The CONTRACTOR shall furnish the CITY with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of policies for each of the following listed insurance coverages. In addition, each party named as an additional insured shall be provided with an original copy of the policy endorsement naming them as an additional insured (subject to any customary exclusion in respect of professional liability) under the CONTRACTORS policies of insurance required under the Contract. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 30 days' prior written notice has been given to the CITY by Certified Mail. All such insurance shall remain in effect until the date of Substantial Completion and at all times thereafter when the CONTRACTOR may be correcting, removing, or replacing defective work in accordance with paragraph 13.4d, herein. In addition, the Insurance required herein (except for Worker's Compensation and Employer's Liability) shall name the CITY, the ENGINEER, the CITY's Consultants for the project and their officers, agents, and employees as "additional (' insureds" under the policies: 1. This insurance shall protect the CONTRACTOR, the CITY, the ENGINEER, and the CITY's Consultants for the project against all claims under applicable State Worker's Compensation laws. The CONTRACTOR shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a Worker's PALM SPRINGS DOWNTOWN PARKING STRUCTURE CITY PROJECT 01-27 CONDITIONS OF THE CONTRACT DATE S11102 GENERAL CONDITIONS-PAGE 11 0 Compensation law This policy shall Include an "all states" endorsement. The CONTRACTOR shall require each subcontractor similarly to provide Worker's Compensation Insurance for all of the latier's employees to be engaged in such work unless such employees are covered by the protection afforded by the CONTRACTORS Worker's Compensation Insurance. In case any class of employees is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of its employees as are not otherwise protected. 2 f'mm�rPhan�l_sa �anaral iahility: This insurance shall be written in comprehensive form and shall protect the CONTRACTOR, the CITY, the ENGINEER, and the CITY's Consultants for the project against all claims arising from injuries to persons other than its employees or damage to the property of the CITY or others arising out of any act or omission of the CONTRACTOR or its agents, employees, or subcontractors, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable. The policy shall also include protection against claims: insured by customary personal injury liability coverage, a"protective liability" endorsement to insure the contractual liability assumed by the CONTRACTOR under the indemnification provisions of the General Conditions. To the extent that the CONTRACTORS work, or work under its direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusions relative to blasting, explosion, collapse of buildings, or damage to underground structures. 3. Ocimprphensiva A ttnmohile I iahility: This insurance shall be written in comprehensive form and shall protect the CONTRACTOR and the CITY and the ENGINEER against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles. Said insurance shall cover the operation onsite or offsite of all motor vehicles licensed for highway use whether they are owned, non-owned, or hired. 4. Rnheontractnr's Public I 'ahility and Property Damage Insurance rance and Vehicle I iahility Inc mri : The CONTRACTOR shall either require each of its sub-contractors to procure and to maintain Subcontractors Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified in the Supplementary General Conditions or insure the activities of its subcontractors in the CONTRACTORS own policy in like amount. 5. Builder's Risk: This insurance shall be of the "all risk" type, and unless otherwise specified in the Supplementary General Conditions, shall be written in completed value form, and shall protect the CONTRACTOR the CITY, the ENGINEER, and the CITY's Consultants for the project against risks of damage to buildings, structures, and materials and equipment. The amount of such insurance shall be not less than the insurable value of the WORK at completion. Builders Risk insurance shall provide for losses to be payable to the CONTRACTOR, the CITY, the ENGINEER, and the CITY's Consultants as their interests may appear. The policy shall contain a provision that in the event of payment for any loss under the coverage provided, the insurance company shall have no rights of recovery against the CONTRACTOR the CITY, the ENGINEER, and the CITVs Consultants. The Builders Risk policy shall insure against all risks of direct physical loss or damage to property from any external cause including flood and earthquake. Allowable exclusions, if any, shall be as specified in the Supplementary General Conditions. c. The original or a certified copy of each insurance policy and endorsements thereto shall be deposited with the CITY prior to execution of the Agreement. Specific language of the policy shall be subject to approval of the CITY. 5.3 Policy Requirements: a. The insurance provided by the CONTRACTOR hereunder shall be (1) with companies licensed to do business in the state of California, (2) with companies with a Best's Financial Rating of VII or better, and (3) with companies with a Best's General Policy Policyholders Rating of not less than A, except that in case of Workers Compensation Insurance, participation in the State Fund, where applicable, is acceptable. b. Insurance policies required hereunder which are required to have the CITY, the ENGINEER, and the CITY's Consultants for the project named as additional insured shall, (1) include a provision that the policies are primary and do not participate with nor are excess over any other valid and collectible insurance, (2) include a waiver of subrogation against the CITY, its agents and employees, (3) for Builders All Risk Insurance, provide for deductible amounts not exceeding 5 percent of the insurable values of the WORK of the CONTRACTOR for the perils of all PALM SPRINGS DOWNTOWN PARKING STRUCTURE CITY PROJECT 01-27 CONDITIONS OF THE CONTRACT DATE 5/1102 GENERAL CONDITIONS-PAGE 12 risks of physical loss or damage to the Work, temporary buildings, falsework and Work in transit and shall insure against at least the following perils fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, flood, and acts of God as defined in Public Contract Code Section 7105, and claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle 5.4 Liability Insurance: In addition to the insurance required to be provided by the CONTRACTOR under Article 5.2, the CITY, at the CITY's option, may purchase and maintain at the CITY's expense the CITY's own liability insurance as will protect the CITY against claims which may arise from operations under the Contract Documents. 5.5 Property Insurance: The CITY shall not be responsible for purchasing and maintaining any property insurance to protect the interests of the CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount, will be borne by the CONTRACTOR, Subcontractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 5.6 Waiver of Rights: a. The CITY and the CONTRACTOR intend that all policies purchased in accordance with Article 5.5 will protect the CITY, the CONTRACTOR, Subcontractors, the ENGINEER, the ENGINEER's Consultants and all other persons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds in such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. The CITY and the CONTRACTOR waive all rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, the ENGINEER, the ENGINEERs Consultants and all other persons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by the CITY as trustee or otherwise payable under any policy so issued. b. In addition, the CITY waives all rights against the CONTRACTOR, Subcontractors, the ENGINEER, the ENGINEER s Consultants and the officers, directors, employees and agents of any of them, for: 1. loss due to business interruption, loss of use or other consequential loss extending beyond direct physical loss or damage to the CITY's property or the Work caused by, arising out of or resulting from fire or other peril, whether or not insured by the CITY; and 2. loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by the CITY during partial utilization pursuant to Article 14.8, after substantial completion pursuant to Article 14.7 or after final payment pursuant to Article 14.11. c. Any insurance policy maintained by the CITY covering any loss, damage or consequential loss referred to in this paragraph 5.6b shall contain provisions to the effect that in the event of payment of any such loss, damage or consequential loss the insurers will have no rights of recovery against any of the CONTRACTOR, Subcontractors, the ENGINEER, the ENGINEERS Consultants and the officers, directors, employees and agents of any of them. 5.7 Receipt and Application of Insurance Proceeds a. Any insured loss under the policies of insurance required by Article 5.5 will be adjusted with the CITY and made payable to the CITY as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.7b. The CITY shall deposit in a separate account any money PALM SPRINGS DOWNTOWN PARKING STRUCTURE CONDITIONS OF THE CONTRACT CITY PROJECT 01-27 DATE swat GENERAL CONDITIONS-PAGE 13 • 0 so received, and shall distribute it in accordance with such agreement as the parties in Interest may reach If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment b. The CITY as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to the CITY's exercise of this power. If such objection be made, the CITY as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, the CITY as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, the CITY as fiduciary shall give bond for the proper performance of such duties. 5.8 Acceptance of Bonds and Insurance; Option to Replace: If either party (the CITY or the CONTRACTOR) has any objection to the Coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within ten days after receipt of the certificates (or other evidence requested) required by paragraph 2.6c. the CITY and the CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the CONTRACTOR, such insurance in the name of the CONTRACTOR, or subcontractor, as the CITY may deem proper and may deduct the cost of taking out and maintaining such insurance from any sums which may be found or become due to the CONTRACTOR under this Contract party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Rice accordingly. 5.9 Partial Utilization—Property Insurance: If the CITY finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with Article 14.8; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 —THE CONTRACTOR'S RESPONSIBILITIES 6.1 Supervision and Superintendence: The CONTRACTOR shall supervise, inspect, and direct the WORK competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the WORK in accordance with the Contract Documents. The CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but the CONTRACTOR shall not be responsible for the negligence of others in the design or selection specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the contract documents. The CONTRACTOR shall be responsible to see that the completed WORK complies accurately with the Contract Documents. 6.2 Labor, Materials, and Equipment: a. The CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents. Except in connection with as otherwise required for the safety or protection of persons or the WORK or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and the CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without the CITY's written consent given after prior written notice to the ENGINEER. If the CONTRACTOR performs any work after regular working hours, or on Saturday, Sunday, or any legal holiday, it shall pay the CITY any additional cost incurred by the CITY as a result of such work. PALM SPRINGS DOWNTOWN PARKING STRUCTURE CITY PROJECT 01-27 CONDITIONS OF THE CONTRACT DATE 511102 GENERAL CONDITIONS-PAGE 14 b Unless otherwise specified in the Contract Documents, the General Requirements, the CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities, and incidentals necessary for the furnishing, performance, testing, start-up, and completion of the WORK. 6.3 Adjusting Construction Schedule: The CONTRACTOR shall adhere to the Construction Schedule established in accordance with the provisions of the specifications, as it may be adjusted from time to time as provided in the Contract Documents. 6.4 Concerning Subcontractors, Suppliers, and Others: a The CONTRACTOR shall be fully responsible to the CITY and the ENGINEER for the acts and omissions of its subcontractors and their employees to the same extent as the CONTRACTOR is responsible for the acts and omissions of its own employees Nothing contained in this Article shall create any contractual relationship between the CITY or the ENGINEER and any sub-contractor, nor shall it relieve the CONTRACTOR of any liability or obligation under the prime Contract. b. The CONTRACTOR shall be fully responsible to the CITY and the ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR just as the CONTRACTOR is responsible for the CONTRACTOR s own acts and omissions. c. The CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR d. All Work performed for the CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between the CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of the CITY and the ENGINEER 6.5 Permits, License Fees, and Royalties: a. Unless otherwise provided in the Supplementary General Conditions, the CONTRACTOR shall obtain and pay for all construction permits and licenses from the agencies having jurisdiction, including the furnishing of insurance and bonds if required by such agencies. The enforcement of such requirements under this Contract shall not be made the basis of claims for additional compensation. The CITY shall assist the CONTRACTOR when necessary, in obtaining such permits and licenses. The CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the WORK, which are applicable at the time of opening of Bids, or if there are no Bids, on the Effective Date of the Agreement. The CONTRACTOR shall pay all charges of utility owners for connections to the WORK. b. The CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the WORK or the incorporation in the WORK of any invention, design, process, product , or device which is the subject of patent rights or copyrights held by others. c. The CONTRACTOR shall indemnify and hold harmless the CITY from and against all claims, damages, losses, and expenses (including attorney's fees and court and arbitration costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the WORK or resulting from the incorporation in the WORK of any of a particular invention, design, process, product, or device not specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of the CITY or the ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by the CITY, and shall defend all such claims in connection with any alleged infringement of such rights. 6.6 Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, the CONTRACTOR may furnish or utilize a substitute means, PALM SPRINGS DOWNTOWN PARKING STRUCTURE CONDITIONS OF THE CONTRACT CITY PROJECT 01-27 DATE 511102 GENERAL CONDITIONS-PAGE 15 method, technique, sequence or procedure of construction acceptable to the ENGINEER. The CONTRACTOR shall submit sufficient Information to allow the ENGINEER, in the ENGINEER's sole discretion, to determine that the substitute proposed Is equivalent to that expressly called for by the Contract Documents. 6.7 laws and Regulations: a. The CONTRACTOR shall observe and comply with all federal, state, and local laws, ordinances, codes, orders, and regulations which in any manner affect those engaged or employed on the WORK, the materials used in the WORK, or the conduct of the WORK. b. The CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither the CITY nor ENGINEER shall be responsible for monitoring the CONTRACTORS compliance with any Laws or Regulations. c. If the CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, the CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom. 6.8 Taxes: The CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by the CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the WORK. 6.9 Use of Remises: The CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to (1)the Project site, (2)the and land and areas identified in and permitted by the Contract Documents, and (3) the other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements. The, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. the CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas contiguous thereto, resulting from the performance of the WORK. Should any claim be made against the CITY by any such owner or occupant because of the performance of the WORK, the CONTRACTOR shall promptly attempt to settle with such other party by agreement negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. The CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold the CITY harmless the CITY, the ENGINEER the ENGINEER s Consultant and anyone directly or indirectly employed by any of them from and against all claims, damages, losses, and expenses (including, but not limited to, fees of architects, engineers, attorneys, and other professionals and court and arbitration costs) arising directly, indirectly, or consequently out of any costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against the CITY, or other party against the CITY to the extent based on a claim arising out of such owner or occupant against the CITY, the ENGINEER, or any other party indemnified hereunder to the extent caused by or based upon the CONTRACTOR's performance of the WORK. 6.10 Safety and Protection: a. During the progress of the Work, the CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work the CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials. The CONTRACTOR shall leave the site clean and ready for occupancy by the CITY at Substantial Completion of the Work. The CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. b. The CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall the CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. c. The CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the WORK. The CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss. PALM SPRINGS DOWNTOWN PARKING STRUCTURE CONDITIONS OF THE CONTRACT CITY PROJECT 01-27 DATE 5nro2 GENERAL CONDITIONS-PAGE 16 d The CONTRACTOR shall comply with all applicable Laws and Regulations (whether referred to herein or not) of any public body having jurisdiction for the safety of persons or property or to protect them from damage, Injury or loss, and shall erect and maintain all necessary safeguards for such safely and prolection. The CONTRACTOR shall notify owners of adjacent property and utllines when prosecution of the work of Underground Facilities and utility owners when proseculion of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property All damage, injury or loss to any property referred to in paragraph 6 10c caused, directly or indirectly, In whole or In part, by the CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by the CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of the CITY or the ENGINEER or the ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). the CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and the ENGINEER has issued a notice to the CITY and the CONTRACTOR in accordance with Article 14.11 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). e. In emergencies affecting the safety or protection of persons or the WORK or property at the site or adjacent thereto, the CONTRACTOR, without special instructions from the ENGINEER or the CITY instruction or authorization from the CITY or the ENGINEER, is obligated to act to prevent threatened damage, injury, or loss. The CONTRACTOR shall give the ENGINEER prompt written notice if the CONTRACTOR believes that any significant changes in the WORK or variations from the Contract Documents have been Caused thereby. If the ENGINEER determines that a change in the Contract Documents is required because of the action taken by the CONTRACTOR in response to such an emergency, a Work Change Directive Change or Change Order will be issued to document the consequences of such action. 6.11 Record Documents: The CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Feld Orders, and written interpretations and clarifications (issued pursuant to Article 9.3) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings shall be available to the ENGINEER for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings shall be delivered to the ENGINEER for the CITY. 6.12 Shop Drawings and Samples: a. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements of the Technical Specifications, the CONTRACTOR shall submit Shop Drawings to the ENGINEER for review. b. The CONTRACTOR shall also have reviewed or and coordinated each shop drawing Shop Drawing or Sample with other shop drawings Shop Drawings and Samples and with the requirements of the WORK and the Contract Documents. C. The ENGINEER s review and approval of shop drawings or samples shall not relieve The CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless the CONTRACTOR has in writing called the ENGINtERs attention to each such variation at the time of submission and the ENGINEER has given written acceptance, such notice to be in a written communication separate from the submittal. 6.13 Continuing the WORK: The CONTRACTOR shall carry on the WORK and adhere to the construction schedule required to be submitted hereunder during all disputes or disagreements with the CITY. No work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Article 15.4 or as the CITY and the CONTRACTOR may otherwise agree in writing. 6.14 Warranty and Guarantee: The CONTRACTOR warrants and guarantees to the CITY, the ENGINEER and the ENGINIER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective PALM SPRINGS DOWNTOWN PARKING STRUCTURE CONDITIONS OF THE CONTRACT CITY PROJECT 01-27 DATE 5i1/02 GENERAL CONDITIONS-PAGE 17 6.1 5 Indemnification: a. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify and hold harmless the CITY, the ENGINEER, the ENGINEER's Consultants and the officers, directors, employees, agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages defend, and hold harmless the CITY, the ENGINEER, the CITY's Consultants for the project and their agents, and employees from and against all claims and liability arising under or by reason of the Contract or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY or the ENGINEER or the CITY's Consultants for the project. b. The CONTRACTOR shall reimburse the CITY, the ENGINEER, and the CITY's Consultants for the project for all costs and expenses,(including but not limited to all fees and charges of engineers, architects, engineers, attorneys, and other professionals and court costs) Incurred by said CITY, the ENGINEER, and the CITY's Consultants for the project in enforcing the provisions of this Article, including all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work. 6.16 Assignment of Contract: The CONTRACTOR shall not assign, sublet, sell, transfer, or otherwise dispose of the Contract or any portion thereof or its right, title, or interest therein, or obligations thereunder, without written consent of the CITY, except as imposed by law. If the CONTRACTOR violates this provision, the Contract may be terminated at the option of the CITY. In such event, the CITY shall be relieved of all liability and obligations to the CONTRACTOR and to its assignee or transferee, growing out of such termination. ARTICLE 7 —OTHER WORK 7.1 Related Work at Site: a. The CITY may perform other work related to the Project at the site by the CITY's own forces, have other work performed by utility owners, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to the CONTRACTOR prior to starting any such other work. b. The CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct contract or the CITY, if the CITY is performing the additional work with the CITY's employees), proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, the CONTRACTOR shall do all cutting, fitting, and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. The CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the ENGINEER and the others whose work will be affected. c. If any part of the CONTRACTORS work depends, for proper execution or results, upon the work of any such other contractor or utility owner (or the CITY), the CONTRACTOR shall inspect such other work and promptly report to the ENGINEER in writing any delays, defects , or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of the CONTRACTORS Work. The CONTRACTORS failure to so to report will constitute an acceptance of such other work as fit and proper for integration with the CONTRACTORS Work except for latent or nonapparent defects and deficiencies in such other work. 7.2 Coordination: a. If the CITY contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary General Conditions: 1 The person, firm or, corporation, or other organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; in the Supplementary General Conditions. PALM SPRINGS DOWNTOWN PARKING STRUCTURE CITY PROJECT 01-27 CONDITIONS OF THE CONTRACT DATE 5n1D2 GENERAL CONDITIONS-PAGE 18 • • 2. The specific matters to be covered by such authority and responsibility will be Itemized; and 3. The extent of such authority and responsibilities shall be as provided. b Unless otherwise provided In the Supplementary General Conditions, neither the CITY nor the ENGINEER shall have sole authority and responsibility In respect of such coordination ARTICLE B -- CITY'S RESPONSIBIUTIES 8.1 Except as otherwise provided In these General Conditions, the CITY shall Issue all communications to the CONTRACTOR through their designated Project Representative. 8.2 The CITY shall furnish the data required of the CITY under the Contract Documents promptly and shall make payments to the CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.3 The CITY's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Articles 4.1, 4.2, and 4.4. The CITY shall identify and make available to the CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by the ENGINEER in preparing the Contract Documents. 8.4 The CITY's responsibility in respect of certain inspections, tests, and approvals is set forth in paragraph 13.4 b. 8.5 In connection with the CITY's right to stop Work or suspend Work, see Articles 13.6, 15.1, and 15.2. deals with the CITY's right to terminate services of the CONTRACTOR under certain circumstances. 8.6 The CITY shall not supervise, direct, or have control or authority over, nor be responsible for, the CONTRACTORS means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of the CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. The CITY will not be responsible for the CONTRACTOR s failure to perform or famish the Work in accordance with the Contract Documents. 8.7 The CITY's responsibility in respect of undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in Article 4.6. ARTICLE 9 —THE ENGINEER'S STATUS DURING CONSTRUCTION 9.1 The CITY's Representative: The ENGINEER will be the CITY's representative during the construction period. 9.2 Visits to Site: The ENGINEER or the ENGINEERS authorized representative will make visits to the site at intervals appropriate to the various stages of construction as the ENGINEER deems necessary in order to observe the progress that has been made and the quality of the various aspects of the CONTRACTORS executed Work. 9.3 Clarifications and Interpretations: The ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as the ENGINEER may determine necessary. 9.4 Authorized Variations in the Work: The ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the _ design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These PALM SPRINGS DOWNTOWN PARKING STRUCTURE CONDITIONS OF THE CONTRACT CITY PROJECT 01-27 DATE 511102 GENERAL CONDITIONS-PAGE 19 may be accomplished by a Feld Order and will be binding on the CITY and also on the CONTRACTOR, who shall perform the Work Involved promptly 9.5 Rejecting Defective Work: The ENGINEER, acting through its authonzed representative, will have authority to disapprove or reject Work which the ENGINEER believes to be defective, or that the ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the Integrity of the design concept of the completed Project. 9.6 Shop Drawings, Change Orders, and Payments: The ENGINEER will review all the CONTRACTOR submittals, including shop drawings, samples, substitutes, or "or equal' items, etc., in accordance with the procedures set forth in Article 6.12, inclusive, and the General Requirements of the Technical Specifications. 9.7 Determinations for Unit Prices: The ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by .the CONTRACTOR The ENGINEER will review with the CONTRACTOR, the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). The ENIGINERs written decision thereon will be final and binding upon the CITY and the CONTRACTOR, unless within 10 days after the date of any such decision, either the CITY or the CONTRACTOR delivers to the other and to the ENGINEER written notice of intention to appeal from the ENGINEEF's decision. 9.8 Decisions on Disputes: a. The ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes, and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to the ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute, and/or other matter shall be delivered by the claimant to the ENGINEER and the other party to the Agreement promptly (but in no event later than 30 days) after the start of the occurrence or event giving rise thereto. b. When functioning as interpreter and judge under Articles 9.7 or 9.8, the ENGINEER will not show partiality to the CITY or the CONTRACTOR and shall not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by the ENGINEER pursuant to Articles 9.7 or 9.8 with respect to any such claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment as provided in Article 14.14) will be a condition precedent to any exercise by the CITY or the CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute, or other matter pursuant to Article 16. 9.9 Limitations on the ENGINEER's Authority and Responsibilities: a. Neither the ENGINEERS authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by the ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by the ENGINEER shall create, impose or give rise to any duty owed by the ENGINEER to the CONTRACTOR any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. b. Whenever in the Contract Documents the terms"as ordered," "as directed," "as required," "as allowed," "as reviewed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review, or judgment of the ENGINEER as to the WORK, it is intended that such requirement, direction, review, or judgment will be solely to evaluate the WORK for compliance with the Contract Documents, unless there is a specific statement indicating otherwise. The use of any such term or adjective shall not be effective to assign to the ENGINEER any duty or authority to supervise or direct the performance of the WORK or any duty or authority to undertake responsibility contrary to the provisions of paragraphs 9.9c or 9.9d, herein. PALM SPRINGS DOWNTOWN PARKING STRUCTURE CITY PROJECT 01-27 CONDITIONS OF THE CONTRACT DATE Sh102 GENERAL CONDITIONS-PAGE 20 0 0 c. The ENGINEER will not supervise, direct, control or have authority over or be responsible for the CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident [hereto, or for any failure of the CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work The ENGINEER will not be responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. d. The ENGINEER will not be responsible for the acts or omissions of the Contractor nor of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. e The ENGINEERS review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, hands, and certificates of inspection, tests, and approvals and other documentation required to be delivered by Article 14.10 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. f. The limitations upon authority and responsibility set forth in this Article 9.9 shall also apply to the ENGINEER s Consultants, Project Representative, and assistants. ARTICLE 10 --CHANGES IN THE WORK 10.1 General: a. Without invalidating the Agreement and without notice to any surety, the CITY may, at any time or from time to time, order additions, deletions, or revisions in the Work; such additions, deletions or revisions will be authorized by a written Change Order or a Work Change Directive issued by the ENGINEER or the CITY. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved. b. If the CITY and the CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 11 or Article 12. c. The CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified, and supplemented as provided in Article 3.4 except in the case of an emergency as provided in paragraph 6.10e or in the case of uncovering Work as provided in paragraph 13.5b. d. The CITY and the CONTRACTOR shall, except as otherwise provided, execute appropriate Change Orders recommended by ENGINEER(or Written Amendments)covering: 1. Changes in the Work which are ordered by the CITY pursuant to paragraph 10.1a; and 2. Changes in the Contract Price or Contract Times which are agreed to by the parties. provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in Article 6.13. Change Orders or Work Change Directives, issued in accordance with Section 10.1d (1) above are not required to be executed by the CONTRACTOR unless payment is to be per Section 11.1 c(2) herein. e. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be the CONTRACTOR's responsibility, and the amount of each applicable Bond shall be adjusted accordingly. 10.2 Allowable Quantity Variations on Unit Price Contracts: In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit price established for such PALM SPRINGS DOWNTOWN PARKING STRUCTURE CONDITIONS OF THE CONTRACT CITY PROJECT 01-27 DATE 511/02 GENERAL CONDITIONS-PAGE 21 work under the Contract Documents, wherever such unit price has been established; provided, that an adjustment in the Contract Unit Price may be made for changes which result in an increase or decrease in the quantity of any unit price bid item of the Work in excess of 25 percent, or for eliminated items of work. 10.3 Increases of More Than 25 Percent on Unit Price Contracts: a On a unit price contract, should the total quantity of any item of work required under the Contract exceed the ENGINEER's Estimate therefor by more than 25 percent, the work in excess of 125 percent of such estimate and not covered by an executed contract Change Order specifying the compensation to be paid therefor will be paid for by adjusting the Contract Unit Price, as hereinafter provided, or at the option of the CITY, payment for the work involved in such excess will be made on the basis of force account as provided in Article 11. b. Such adjustment of the Contract Unit Price will be the difference between the Contract Unit Price and the actual unit cost, which will be determined as hereinafter provided, of the total pay quantity of the item. If the costs applicable to such item of work include fixed costs, such fixed costs shall be deemed to have been recovered by the CONTRACTOR by the payments made for 125 percent of the ENGINIFR's Estimate of the quantity for such item, and in computing the actual unit cost, such fixed costs will be excluded. Subject to the above provisions, such actual unit cost will be determined by the ENGINEER in the same manner as if the work were to be paid for on a farce account basis as provided in Article 11, herein, or such adjustment will be as agreed to by the CONTRACTOR and the CITY. c. When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the ENGINEEI?s Estimate is less than $5,000 at the applicable Contract Unit Price, the ENGINEER reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the CONTRACTOR 10.4 Decreases of More Than 25 Percent on Unit Price Contracts: a. On unit price contracts, should the total pay quantity of any item of work required under the contract be less than 75 percent of the ENGINEERS Estimate therefor, an adjustment in compensation pursuant to this Section will not be made unless the CONTRACTOR so requests in writing. If the CONTRACTOR so requests, the quantity of said item performed, unless covered by an executed contract change order specifying the compensation payable therefor, will be paid for by adjusting the Contract Unit Price as hereinafter provided, or at the option of the ENGINEER, payment for the quantity of the work of such item performed will be made on the basis of force account as provided in Article 11, herein; provided however, that in no case shall the payment for such work be less than that which would be made at the Contract Unit Price. b. Such adjustment of the contract unit price will be the difference between the contract unit price and the actual unit cost, which will be determined as hereinafter provided, of the total pay quantity of the item, including fixed costs. Such actual unit cost will be determined by the ENGINEER in the same manner as if the work were to be paid for on a force account basis as provided in Article 11; or such adjustment will be as agreed to by the CONTRACTOR and the CITY. c. The payment for the total pay quantity of such item of work will in no case exceed the payment which would be made for the performance of 75 percent of the ENGINEER's Estimate of the quantity for such item at the original Contract Unit Price. 10.5 Diminated Items on Unit Price Contracts: a. On unit price contracts, should any contract item of the Work be eliminated in its entirety, in the absence of an executed contract Change Order covering such elimination, payment will be made to the CONTRACTOR for actual costs incurred in connection with such eliminated contract item if incurred prior to the date of notification in writing by the ENGINEER of such elimination. b. If acceptable material is ordered by the CONTRACTOR for the eliminated item prior to the date of notification of such elimination by the ENGINEER, and if orders for such material cannot be canceled, it will be paid for at the actual cost to the CONTRACTOR. In such case, the material paid for shall become the property of the CITY and the actual cost of any further handling will be paid for by the CITY. If the material is returnable to the vendor and if the ENGINEER so directs the CONTRACTOR, the material shall be returned and the CONTRACTOR will be paid for the actual cost of charges made by the vendor for returning the material. The actual cost of handling returned material will be paid for. PALM SPRINGS DOWNTOWN PAW NG STRUCTURE CITY PROJECT 01-27 CONDITIONS OF THE CONTRACT DATE 5n102 GENERAL CONDITIONS-PAGE 22 c The actual costs or charges to be paid by the CITY to the CONTRACTOR as provided In this Article 10 will be computed in the same manner as if the work were to be paid for on a force account basis as provided in Article 11. ARTICLE 11 -- CHANGE OF CONTRACT PRICE 11.1 General: a The Contract Price constitutes the total compensation (subject to CITY-authorized adjustments) payable to the CONTRACTOR for performing the Work. All duties, responsibilities, and obligations assigned to or undertaken by the CONTRACTOR shall be at its expense without change in the Contract Price. b. The Contract Price may only be changed by a Change Order. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to the ENGINEER promptly (but in no event later than 30 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within 60 days after such occurrence (unless the ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect, and consequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by the ENGINEER in accordance with Article 9.7, herein, if the CITY and the CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.1 b. c. The value of any Work covered by a Change Order or Work Change Directive or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 1. Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved. 2. By mutual acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Article 11.4, herein. 3. On the basis of the Cost of the Work (determined as provided in Articles 11.2 and 11.3, herein), plus the CONTRACTOR'S Fee for overhead and profit (determined as provided in Article 11.4, herein). 11.2 Cost of Work(Based on Time, Materials, and Equipment and CONTRACTOR's Overhead and Profit): a. General: The term "Cost of Work" shall mean the sum of all costs necessarily incurred and paid by the CONTRACTOR for labor, materials, and equipment plus CONTRACTOR'S overhead, and profit in the proper performance of work. Except as otherwise may be agreed to in writing by the CITY, such costs shall be in amounts no higher than those prevailing in the locality of the Project. b. Labor: The cost of labor used in performing work by the CONTRACTOR a subcontractor, or other forces will be the sum of the following: 1. The actual wages paid plus any employer payments to, or on behalf of workers for fringe benefits including health and welfare, pension, vacation, and similar purposes. The cost of labor may include the wages paid to foremen when determined by the ENGINEER that the services of foremen do not constitute a part of the overhead allowance as defined in Article 11.4, herein. 2. To the actual wages, as defined in paragraph 11 2b(1), herein, will be added a labor surcharge set forth in the California Department of Transportation publication entitled Labor Surcharge and Equipment Rates, which is in effect on the dale upon which the Work is accomplished and which is hereby included as a part of these General Conditions by this reference thereto. Said labor surcharge shall constitute full compensation for all payments imposed by the State and Federal laws and for all other payments made to, or on behalf of, the workers, other than actual wages as defined in paragraph 11.2b(1), herein, and subsistence and travel allowance as specified in paragraph 11.2b(3), herein. PALM SPRINGS DOWNTOWN PARKING STRUCTURE CITY PROJECT 01-27 CONDITIONS OF THE CONTRACT DATE 511m2 GENERAL CONDITIONS-PAGE 23 3 The amount paid for subsistence and travel required by collective bargaining agreements, or In accordance with the regular practice of the employer. At the beginning of the extra work and as later requested by the ENGINEER, the CONTRACTOR shall furnish the ENGINEER proof of labor compensation rates being paid c Materials. The cost of materials used in performing work will be the cost to the purchaser, whether CONTRACTOR or subcontractor, from the supplier thereof, except as the following are applicable: 1. Trade discounts available to the purchaser shall be credited to the CITY notwithstanding the fact that such discounts may not have been taken by the CONTRACTOR 2. For materials secured by other than a direct purchase and direct billing to the purchaser, the cost shall be deemed to be the price paid to the actual supplier as determined by the ENGINEER. Markup except for actual costs incurred in the handling of such materials will not be allowed. 3. Payment for materials from sources owned wholly or in part by the purchaser shall not exceed the price paid by the purchaser for similar materials from said sources on extra work items or the current wholesale price for such materials delivered to the work site, whichever price is lower. 4. If in the opinion of the ENGINEER the cost of material is excessive, or the CONTRACTOR does not furnish satisfactory evidence of the cost of such material, then the cost shall be deemed to be the lowest current wholesale price for the quantity concerned delivered to the work site less trade discount. The CITY reserves the right to furnish materials for the extra work and no claim shall be made by the CONTRACTOR for costs, overhead, and profit on such materials. d. Equipment: The CONTRACTOR will be paid for the use of equipment at the rental rate listed for such equipment specified in the Supplementary General Conditions. Such rental rate will be used to compute payments for equipment whether the equipment is under the CONTRACTORS control through direct ownership, leasing, renting, or another method of acquisition. The rental rate to be applied for use of each items of equipment shall be the rate resulting in the least total cost to the CITY for the total period of use. If it is deemed necessary by the CONTRACTOR to use equipment not listed in the foregoing publication, an equitable rental rate for the equipment will be established by the ENGINEER. The CONTRACTOR may furnish cost data which might assist the ENGINEER in the establishment of the rental rate. 1. All equipment shall, in the opinion of the ENGINEER, be in good working condition and suitable for the purpose forwhich the equipment is to be used. 2. Before construction equipment is used on the extra work, the CONTRACTOR shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the ENGINEER, in duplicate, a description of the equipment and its identifying number. 3. Unless otherwise specified, manufacturer's ratings and manufacturer approved modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer. 4. Individual pieces of equipment or tools having a replacement value of $200 or less, whether or not consumed by use, shall be considered to be small tools and no payment will be made therefor. 5. Rental time will not be allowed while equipment is inoperative due to breakdowns. e. Equipment on the Work: The rental time to be paid for equipment on the work shall be the time the equipment is in productive operation on the extra work being performed and, in addition, shall include the time required to move the equipment to the location of the extra work and return it to the original location or to another location requiring no more time than that required to return it to its original location; except, that moving time will not be paid if the equipment is used on other than the extra work, even though located at the site of the extra work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power, except that no payment will be made for loading and transporting costs when the equipment is used at the site of the extra work on other than the extra work. The following shall be used in computing the rental time of equipment on the work. PALM SPRINGS DOWNTOWN PARKING STRUCTURE CITY PROJECT 01-27 CONDITIONS OF THE CONTRACT DATE 5I1/02 GENERAL CONDITIONS-PAGE 24 1. When hourly rates are listed, any part of an hour less than 30 minutes of operation shall be considered to be 1/2-hour of operation, and any part of an hour greater than 30 minutes will be considered one hour of operation. 2 When daily rates are listed, any part of a day less than 4 hours operation shall be considered to be 1/2-day of operation. 3. When owner-operated equipment is used to perform extra work to be paid for on a time and materials basis, the CONTRACTOR will be paid for the equipment and operator, as set forth in Subparagraphs (4), (5), and (6), following: 4. Payment for the equipment will be made In accordance with the provisions in paragraph 11.2d, herein. 5 Payment for the cost of labor and subsistence or travel allowance will be made at the rates paid by the CONTRACTOR to other workers operating similar equipment already on the Work, or in the absence of such labor, established by collective bargaining agreements for the type of workmen and location of the extra work, whether or not the operator is actually covered by such an agreement. A labor surcharge will be added to the cost of labor described herein in accordance with the provisions of paragraph 11.2b, herein, which surcharge shall constitute full compensation for payments imposed by state and federal laws and all other payments made to on behalf of workers other than actual wages. 6. To the direct cost of equipment rental and labor, computed as provided herein, will be added the allowances for equipment rental and labor as provided in Article 11.4, herein. 11.3 Special Services: a. Special work or services are defined as that work characterized by extraordinary complexity, sophistication, or innovation or a combination of the foregoing attributes which are unique to the construction industry. The following may be considered by the ENGINEER in making estimates for payment for special services: 1. When the ENGINEER and the CONTRACTOR by agreement, determine that a special service or work is required which cannot be performed by the forces of the CONTRACTOR or those of any of its subcontractors, the special service or work may be performed by an entity especially skilled in the work to be performed. After validation of invoices and determination of market values by the ENGINEER, invoices for special services or work based upon the current fair market value thereof may be accepted without complete itemization of labor, material, and equipment rental costs. 2. When the CONTRACTOR is required to perform work necessitating special fabrication or machining process in a fabrication or a machine shop facility away from the job site, the charges for that portion of the work performed at the off-site facility may, by agreement, be accepted as a special service and accordingly, the invoices for the work may be accepted without detailed itemization. 3. All invoices for special services will be adjusted by deducting all trade discounts offered or available, whether the discounts were taken or not. In lieu of the allowances for overhead and profit specified in Article 11.4, herein, an allowance of 5 percent will be added to invoices for special services. b. All work performed hereunder shall be subject to all of the provisions of the Contract Documents and the CONTRACTORS sureties shall be bound with reference thereto as under the original Agreement. Copies of all amendments to surety bonds or supplemental surety bonds shall be submitted to the CITY for review prior to the performance of any work hereunder 11.4 CONTRACTORS Overhead and Profit: a. Work ordered on the basis of time and materials will be paid for at the actual necessary cost as determined by the ENGINEER, plus allowances for overhead and profit. For extra work involving a combination of increases and decreases in the Work the actual necessary cost will be the arithmetic sum of the additive and deductive costs. The allowance for overhead and profit shall include full compensation for superintendence, bond and insurance _ premiums, taxes, office expense, and all other items of expense or cost not included in the cost of labor, materials, or equipment provided for under Paragraphs 11.2b, c, and d, herein including extended overhead and home office overhead. The allowance for overhead and profit will be made in accordance with the following schedule: PALM SPRINGS DOWNTOWN PAWING STRUCTURE CONDITIONS OF THE CONTRACT CITY PROJECT 01-27 DATE 511102 GENERAL CONDITIONS-PAGE 25 ACTUAL OVERHEAD NECESSARY AND PROFIT COST ALLOWANCE Labor 24 percent Materials 15 percent Equipment 15 percent b. It Is understood that labor, materials, and equipment may be furnished by the CONTRACTOR or by the subcontractor on behalf of the CONTRACTOR. When all or any part of the extra work is performed by a subcontractor, the allowance specified herein shall be applied to the labor, materials, and equipment costs of the subcontractor, to which the CONTRACTOR may add 5 percent of the subcontractor's total cost for the extra work. Regardless of the number of hierarchical tiers of subcontractors, the 5-percent increase above the subcontractor's total cost which includes the allowances for overhead and profit specified herein may be applied one time only for each separate work transaction. No markup allowance will be made for sub-sub-contractors or below. 11.5 Records: a. The CONTRACTOR shall maintain its records in such a manner as to provide a clear distinction between the direct costs of each separate item of extra work, disputed work, emergency work, or other work paid for on a Cost of Work basis and the costs of other operations. b. From the foregoing records, the CONTRACTOR shall furnish the ENGINEER completed Daily Work Reports, on forms furnished by the CITY, for each day's work or portion of each day's work to be paid for on a Cost of Work basis. The Daily Work Reports shall itemize the materials used, and shall cover the direct cost of labor and the charges for equipment rental, whether furnished by the CONTRACTOR, subcontractor, or other forces, except for charges described in Article 11.3, "Special Services." The Daily Work Reports shall provide names or identifications and classifications of all workmen, the hourly rate of pay and hours worked by each, and also the size, type, and identification number of equipment, and the hours operated. c. Material charges shall be substantiated by valid copies of vendors invoices. Such invoices shall be submitted with the Daily Work Reports, or if not available, they shall be submitted with subsequent Daily Work Reports. Should said vendors invoices not be submitted within 60 days after the date of delivery of the material or within 15 days after the acceptance of the Contract, whichever occurs first, the CITY reserves the right to establish the cost of such materials at the lowest current wholesale prices at which said materials were available in the quantities concerned delivered to the location of work less any discounts as provided in paragraph 11.2c, herein. d. Said Daily Work Reports shall be signed by the CONTRACTOR or its authorized representative. e. The ENGINEER will compare his or her records with the completed Daily Work Reports furnished by the CONTRACTOR and make any necessary adjustments. When these Daily Work Reports are agreed upon and signed by both parties, said reports shall become the basis of payment for the work performed, but shall not preclude subsequent adjustment based on a later audit by the CITY. f. The CONTRACTOR's cost records pertaining to work paid for on a Cost of Work basis shall be open to inspection or audit by representatives of the CITY, during the life of the contract and for a period of not less than 3 years after the date of acceptance thereof, and the CONTRACTOR shall retain such records for that period. Where payment or labor is based on the cost thereof to forces other than the CONTRACTOR, the CONTRACTOR shall make every reasonable effort to insure that the cost records of such other forces will be open to inspection and audit by representatives of the CITY on the same terms and conditions as the cost records of the CONTRACTOR If an audit is to be commenced more than 60 days after the acceptance date of the contract, the CONTRACTOR will be given a reasonable notice of the time when such audit is to begin. ARTICLE 12 -- CHANGE OF CONTRACT TIMES 12.1 General: a. The Contract Times may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times shall be based on written notice delivered by the party making the claim to the other party and to the ENGINEER promptly (but in no event later than 30 days) after the occurrence of the event PALM SPRINGS DOWNTOWN PARKING STRUCTURE CONDITIONS OF THE CONTRACT CITY PROJECT 0 1-27 DATE 511 m2 GENERAL CONDITIONS-PAGE 26 giving rise to the claim and staling the general nature of the claim Notice of the extent of the claim with supporting data shall be delivered within 60 days after such occurrence (unless the ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event All claims for adjustment in the Contract Times shall be determined by the ENGINEER in accordance with Article 9.8 if the CITY and the CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times will be valid if not submitted in accordance with the requirements of this Article 12.1. b. All time limits stated in the Contract Documents are of the essence of the Agreement. c. Where the CONTRACTOR is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of the CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a claim is made therefor as provided in Article 12.1. Delays beyond the control of the CONTRACTOR shall include, but not be limited to, acts or neglect by the CITY, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, herein, or by acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, labor disputes, sabotage, or freight embargoes. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of the CONTRACTOR d. Where the CONTRACTOR is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of both the CITY and the CONTRACTOR, an extension of the Contract Times in an amount equal to the time lost due to such delay shall be the CONTRACTOR's sole and exclusive remedy for such delay. In no event shall the CITY be liable to the CONTRACTOR any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR or (it) delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work. ARTICLE 13 — WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 13.1 Warranty and Guarantee: The CONTRACTOR warrants and guarantees to the CITY and the ENGINEER that all work will be in accordance with the Contract Documents and will not be defective. Neither the right to inspect, nor the presence of inspectors, the ENGINEER consultants, or testing agencies hired by the CITY or the ENGINEER, nor their general review or approval shall relieve the CONTRACTOR from its obligations to perform the WORK in accordance with the Contract Documents. All defective WORK, whether or not in place. 13.2 Notice of Defects: Prompt notice of all defective Work of which the CITY or the ENGINEER have actual knowledge will be given to the CONTRACTOR All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.3 Access to the WORK: The CITY, the ENGINEER the ENGINEER's Consultants, other representatives and personnel of the CITY and the ENGINEER, independent testing laboratories and governmental agencies with jurisdictional interests shall have access to the WORK at reasonable times for their observation, inspecting, and testing. The CONTRACTOR shall provide them with proper and safe conditions for such access and advise them of the CONTRACTORs site safety procedures and programs so that they may comply therewith as applicable.. 13.4 Tests and Inspections: a. The CONTRACTOR shall give the ENGINEER timely notice of readiness of the WORK for all required inspections, tests or approvals, but in no event less than 24 hours notice. The CONTRACTOR shall cooperate with inspection and testing personnel to facilitate required inspections or tests. b. The CITY will employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: PALM SPRINGS DOWNTOWN PARKING STRUCTURE CITY PROJECT 01-27 CONDITIONS OF THE CONTRACT DATE 5/1 ia2 GENERAL CONDITIONS-PAGE 27 1. for Inspections, tests or approvals covered by paragraph 13 4c below, 2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.5b below shall be paid as provided in said paragraph 13.5b, and 3, as otherwise specifically provided In the Contract Documents c. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, the CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish the ENGINEER the required certificates of inspection, or approval. The CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for the CITY's and the ENGINEER'S acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to the CONTRACTORS purchase thereof for incorporation in the WORK d. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by the CONTRACTOR without written concurrence of the ENGINEER, it shall, if requested by the ENGINEER, be uncovered for observation. e. Uncovering Work as provided in paragraph 13.4d shall be at the CONTRACTORS expense unless the CONTRACTOR has given the ENGINEER timely notice of the CONTRACTOR'S intention to cover the same and the ENGINEER has not acted with reasonable promptness in response to such notice. 13.5 Uncovering Work: a. If any WORK is covered contrary to the written request of the ENGINEER, it shall , if requested by the ENGINEER, be uncovered for the ENGINE R's observation and replaced at the CONTRACTORS expense. b. If the ENGINEER considers it necessary or advisable that covered Work be observed by the ENGINEER or inspected or tested by others, the CONTRACTOR, at the ENGINEER'S request, shall uncover, expose, or otherwise make available for observation, inspection, or testing, as the ENGINEER may require, that portion of the WORK in question, and shall furnish all necessary labor, material, and equipment. If it is found that such Work is defective, the CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection, and testing and of satisfactory replacement or reconstruction, including but not limited to all costs of repair or replacement of work of others); and the CITY shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. c. The CONTRACTOR shall permit on-site video taping, still photography, or motion picture photography of the construction project. The CITY will notify the CONTRACTOR prior to the commencement of any video taping and/or photography by the CITY personnel and/or its agents and shall make a reasonable effort to give the CONTRACTOR at least 24 hours of its intent to video tape or photograph the project. The CONTRACTOR shall cooperate with and shall coordinate with CITY personnel or their authorized representatives in its efforts to carry out such video taping and/or photography. The CONTRACTOR shall give notice to all employees and subcontractors of such video taping and/or photography to be out of view of the camera, if requested to do so, during video taping and or photographing of the construction project. 13.6 CITY May Stop the WORK: If the WORK is defective, or the CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed WORK will conform to the Contract Documents, the CITY, acting independently or through the Project Representative, may order the CONTRACTOR to stop the WORK, or any portion thereof, until the cause for such order has been eliminated; however, this right of the CITY to stop the WORK shall not give rise to any duty on the part of the CITY to exercise this right for the benefit of the CONTRACTOR or any surety or other party. 13.7 Correction or Removal of Defective WORK: PALM SPRINGS DOWNTOWN PARKING STRUCTURE CONDITIONS OF THE CONTRACT CITY PROJECT 01-27 DATE 511102 GENERAL CONDITIONS-PAGE 28 0 If required by the ENGINEER, acting directly or through the Project Representative, the CONTRACTOR shall promptly, as directed, either correct all defective WORK, whether or not fabricated, installed or completed, or, if the WORK has been rejected by the ENGINEER, the CONTRACTOR shall remove it from the site and replace it with Work that is not defective The CONTRACTOR shall pay all claims, costs, losses, and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of the Work of others) 13.8 Correction Period: a. If within one year after the date of Substantial Completion 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 (if) 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 b. 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. c. Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this Article 13.8, 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. d. Unless otherwise provided in the Supplementary General Conditions, the CONTRACTOR shall provide a post-construction, correction and repair Performance Bond in the amount of 100 percent of the Contract Price to cover all correction and repairs or other corrective work required hereunder, and shall maintain such Bond in full force and effect for one full year following the Notice of Completion. 13.9 Acceptance of Defective WORK: If, instead of requiring correction or removal and replacement of defective Work, the CITY (and, prior to the ENGINEEIYs recommendation of final payment, also the ENGINEER) prefers to accept it, the CITY may do so. The CONTRACTOR shall pay all claims, costs, losses and damages attributable to the CITY's evaluation of and determination to accept such defective WORK (such costs to be subject to approval by the ENGINEER as to reasonableness). If any such acceptance occurs prior to the ENGINEERS recommendation of final payment, a - Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the WORK; and the CITY shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, the CITY may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by the CONTRACTOR to the CITY. 13.10 The CITY May Correct Defective Work: If the CONTRACTOR fails within a reasonable time after written notice from the ENGINEER to correct defective Work or to remove and replace rejected Work as required by the ENGINEER in accordance with Article 13.7, or if the CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if the CONTRACTOR fails to comply with any other provision of the Contract Documents, CITY may, after 7 days' written notice to the CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph the CITY shall proceed expeditiously. In connection with such corrective and remedial action, the CITY may exclude the CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend the CONTRACTOR'S services related thereto, take possession of the CONTRACTORS tools, appliances, construction equipment and machinery at the site and incorporate In the Work all materials and equipment stored at the site or for which the CITY has paid the CONTRACTOR but which are stored elsewhere. The CONTRACTOR shall allow the CITY, the CITY's representatives, agents and employees, the CITY's other contractors and the PALM SPRINGS DOWNTOWN PARKING STRUCTURE CITY PROJECT 01-27 CONDITIONS OF THE CONTRACT DATE 511r02 GENERAL CONDITIONS-PAGE 29 0 ENGINEER and the ENGINEER's Consultants access to the site to enable the CITY to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by the CITY in exercising such rights and remedies will be charged against the CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and the CITY shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, the CITY may make a claim therefor as provided in Article 11. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of the CONTRACTOR's defective Work. The CONTRACTOR shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by the CITY of the CITY's rights and remedies hereunder. ARTICLE 14 --PAYMENTS TO THE CONTRACTOR AND COMPLETION 14.1 Schedule of Values(Lump-Sum Price Breakdown): The schedule of values or lump-sum price breakdown established as provided for in the Contract Documents shall will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to the ENGINEER. 14.2 Unit Price Bid Schedule: Progress payments on account of Unit Price Work will be based on the number of units completed. _ 14.3 Application for Progress Payment: a. Unless otherwise prescribed by law, on a prearrainged dale each month, the CONTRACTOR shall submit to the ENGINEER for review, through the Project Representative, an Application for Payment filled out and signed by the CONTRACTOR covering the WORK completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. i b. The Application for Payment shall identify, as a sub-total, the amount of the CONTRACTOR's Total Earnings to Date, plus the Value of Materials at the site which have not yet been incorporated into the WORK, and less a deductive adjustment for materials installed which were not previously incorporated into the WORK, but for which payment was allowed under the provisions for payment for Materials Stored at the Site, but not yet incorporated in the WORK. c. The Net Payment Due to the CONTRACTOR shall be the above-mentioned sub-total from which shall be deducted the amount of retainage specified in the Contract Documents, and the total amount of all previous payments made to the CONTRACTOR All CONTRACTOR payment requests must be accompanied by Conditional Waiver and Release certificates from the CONTRACTOR and all subcontractors and suppliers for whom payment is requested. d. Except as otherwise provided in the Supplementary General Conditions, the value of Materials Stored at the Site shall be an amount equal to the specified percentage of value of such materials as set forth in the Supplementary General Conditions. Said amount shall be based upon the value of all acceptable materials and equipment not incorporated in the WORT( but delivered and suitably stored at the site; provided, that each such individual item of material or equipment has a value of more than $5000 and will become a permanent part of the WORK. The Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that the CONTRACTOR has received the materials and equipment free and clear of all Stop Notice claims, charges, security interests, and other encumbrances. and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect the CITY's interest therein, all of which must be satisfactory to the CITY. 14.4 CONTR4CTOR's Warranty of Title: The CONTRACTOR warrants and guarantees that title to all WORK, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to the CITY no later than the time of final payment free and clear of all Stop Notice claims. 14.5 Review of Applications for Progress Payments: PALM SPRINGS DOWNTOWN PARKING STRUCTURE CONDITIONS OF THE CONTRACT CITY PROJECT 01-27 DATE 511102 GENERAL CONDITIONS-PAGE 30 a. Upon receipt of each application for payment, the ENGINEER will either indicate in writing a recommendation of payment and present the Application to the CITY , or return the Application to the CONTRACTOR Indicating in writing the ENGINEER'S reasons for refusing to recommend payment In the latter case, the CONTRACTOR may make the necessary corrections and promptly resubmit the Application Thirty-five days after presentation of the Application for Payment to the CITY with the ENGINEER's recommendation, the amount recommended will (subject to the provisions of paragraph 14.5b) become due and when due will be paid by the CITY to the CONTRACTOR. b. The ENGINEER'S recommendation of any payment requested in an Application for Payment will constitute a representation by the ENGINEER to the CITY, based on the ENGINEERS on-site observations of the executed WORK as an experienced and qualified design professional and on the ENGINEERS review of the Application for Payment and the accompanying data and schedules, that to the best of the ENGINEERS knowledge, information and belief the WORK has progressed to the point indicated; the quality of the WORK is generally in accordance with the Contract Documents; and the conditions precedent to the CONTRACTOR'S being entitled to such payment appear to have been fulfilled in so far as it is the ENGINEER'S responsibility to observe the WORK. c. The ENGINEER'S recommendation of any payment, including final payment, shall not mean that the ENGINEER is responsible for the CONTRACTOR'S means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of the CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of WORK, or for any failure of the CONTRACTOR to perform or furnish WORK in accordance with the Contract Documents. d. The ENGINEER may refuse to recommend the whole or any part of any payment if, in the ENGINEERs opinion, subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in the ENGINEB?s opinion to protect the CITY from loss because: 1 1. the WORK is defective, or completed WORK has been damaged requiring correction or replacement, i 2. the Contract Rice has been reduced by Written Amendment or Change Order, 3. CITY has been required to correct defective WORK or complete WORK in accordance with Article 13.10, or 4. The ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2a.2 through 15.2a.5, inclusive. e. The CITY may refuse to make payment of the full amount recommended by the ENGINEER because: 5. claims have been made against the CITY on account of the CONTRACTORS performance of the WORK or Stop Notices that have been filed pursuant to the provisions of Section 3179 et seq. of the California Civil Code 6. Stop Notices have been filed in connection with the WORK, except where the CONTRACTOR has delivered a Stop Notice Release Bond satisfactory to the CITY to secure the satisfaction and discharge of such Liens, 7. there are other items entitling the CITY to a credit against the amount recommended, as provided in paragraph 14.11 c, herein, or 8. the CITY has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.5d.1 through 14 5d.3 or paragraphs 15.2a.2 through 15.2a.5, inclusive; f. The CITY must give the CONTRACTOR written notice within 5 days (with a copy to the ENGINEER) stating the reasons for such action and promptly pay the CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by the CITY and the CONTRACTOR, when the CONTRACTOR corrects to the CITY's satisfaction the reasons. 14.6 Beneficial Use or Occupancy and Partial Utilization: PALM SPRINGS DOWNTOWN PARx)NG STRUCTURE CONDITIONS OF THE CONTRACT CITY PROJEDT oi_n GENERAL CONDITIONS-PAGE 31 DATE 511102 a 2ai:UaLU1rhzatlon The CITY shall have the right to utilize or place Into service any item of equipment or other usable portion of the WORK prior to completion of the WORK. Whenever the CITY plans to exercise said right, the CONTRACTOR will be notified In writing by the CITY, Identifying the specific portion or portions of the WORK to be so utilized or otherwise placed Into service. b It shall be understood by the CONTRACTOR that until such written notification Is issued, all responsibility for care and maintenance of all items or portions of the WORK to be partially utilized shall be borne by the CONTRACTOR Upon Issuance of said written notice of partial utilization, the CITY will accept responsibility for the protection and maintenance of all such items or portions of the WORK described In the written notice. c Beneficial Ilea nr Qccupaoeyt The CITY shall have the right, at Its option and convenience, to occupy or otherwise make use of all or any part of the project premises at any time prior to substantial completion, upon 14 days written notice to the CONTRACTOR Beneficial occupancy or use shall be subject to the following conditions: 1. The CITY shall use its best efforts to prevent occupancy from interfering with the conduct of the CONTRACTORS remaining work; 2. The CONTRACTOR shall not be required to repair damage to the premises if the same was caused by the CITY's occupancy or use; 3. The one-year correction period for those portions of the premises occupied and equipment used by the CITY shall start as of the date of actual occupancy or use; 4. Occupancy or use shall not constitute acceptance by the CITY either of the completed work or any portion thereof, nor will it relieve the CONTRACTOR from full responsibility for correcting defective work or materials found before completion and acceptance of all the work during the period specified in Article 13.8, herein; 5. Occupancy or use shall not be deemed to be the equivalent of filing a Notice of Substantial Completion/Notice of Completion or a Cessation of Labor; 6. There shall be no added cost to the CITY due to pre-completion occupancy or use; 7. The CONTRACTOR and its surety shall execute a"No Change in Price" Change Order prepared pursuant to this Article 14.5; 8. Effective 12:01 a.m. standard time at the project site at the date of beneficial occupancy or use stipulated in the Change Order, the CONTRACTOR shall be released from the obligations of maintaining fire and extended coverage insurance covering those portions of the premises occupied by the CITY pursuant to this Article 14, but shall maintain all other insurance required by the Contract in full force and effect. The CITY shall obtain fire and extended coverage insurance or maintain equivalent self-insurance covering those portions of the premises occupied or used pursuant to this Article 14.6. 14.7 Substantial Completion: a. When the CONTRACTOR considers the entire Work ready for its intended use the CONTRACTOR shall notify the CITY and the ENGINEER in writing, through the Project Representative, that the entire Work is substantially complete (except for items specifically listed by the CONTRACTOR as incomplete) and request that the ENGINEER issue a Notice of Completion/Substantial Completion. Within a reasonable time thereafter, the CITY, the CONTRACTOR, and the ENGINEER shall make an inspection of the WORK to determine the status of completion. If the Project Representative and/or the ENGINEER does not consider the WORK substantially complete, the ENGINEER, through the Project Representative will notify the CONTRACTOR in writing, giving the reasons therefor. Upon recommendation of the Project Representative, if the ENGINEER considers the WORK substantially complete, the ENGINEER will prepare and deliver to the CITY for its execution and recordation the Notice of Substantial Completion/Notice of Completion signed by the CITY, the ENGINEER, and the CONTRACTOR, which shall fix the date of Completion. As applicable, there shall be attached to the Notice a list of items to be completed or corrected before release of retainage or funds withheld to secure payment for such items remaining to be completed or corrected. At the time of delivery of the tentative Notice of Substantial Completion the ENGINEER will deliver to the CITY and the CONTRACTOR a written recommendation as to division of responsibilities pending final payment between the CITY and the CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless the CITY and the CONTRACTOR agree otherwise PALM SPRINGS DOWNTOWN PARKING STRUCTURE CONDITIONS OF THE CONTRACT CITY PROJECT 01-29 Dare 511102 GI7JER4L CONDITIONS-PAGE 32 in writing and so inform the ENGINEER in writing prior to the ENGINEERS Issuing the definitive Notice of Substantial Completion, the ENGINEER's aforesaid recommendation will be binding on the CITY and the CONTRACTOR until final payment b Completion shall mean Substantial completion, which shall mean substantial performance of the Contract as defined in Black's Law Dictionary 4th Edition, by West Publishing Co , St. Paul Minn., See definition of "Completion" and"Substantial Completion" in Article 1, herein. c. The CITY shall have the right to exclude the CONTRACTOR from the Work after the date of Substantial Completion, but the CITY shall allow the CONTRACTOR reasonable access to complete or correct items on the tentative list. 14.8 Partial Utilization: Use by the CITY at the CITY's option of any substantially completed part of the Work which: (i) has specifically been identified in the Contract Documents, or (it) the CITY, the ENGINEER and the CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by the CITY for its intended purpose without significant interference with the CONTRACTORS performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 1. The CITY at any time may request the CONTRACTOR in writing to permit the CITY to use any such part of the Work which the CITY believes to be ready for its intended use and substantially complete. If the CONTRACTOR agrees that such part of the Work is substantially complete, the CONTRACTOR will certify to the CITY and the ENGINE that such part of the Work is substantially complete and request the ENGINEER to issue a Notice of Substantial Completion for that part of the Work. The CONTRACTOR at any time may notify the CITY and the ENGINEER in writing that the CONTRACTOR considers any such j part of the Work ready for its intended use and substantially complete and request the ENGINEER to issue a Notice of Substantial Completion for that part of the Work. Within a reasonable time after either such I request, the CITY, the CONTRACTOR and the ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If the ENGINEER does not consider that part of the Work to be substantially complete, the ENGINEER will notify the CITY and the CONTRACTOR in writing giving the reasons therefor. If the ENGINEER considers that part of the Work to be substantially complete, the provisions of Article 14.7 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of Article 5.9 in respect of property insurance. 14.9 Final Inspection; Upon written notice from the CONTRACTOR that the entire Work or an agreed portion thereof is complete, the ENGINEER will make a final inspection with the CITY and the CONTRACTOR and will notify the CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. The CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.10 Final Application for Payment: After the CONTRACTOR has completed all such correction work referred to in Article 14.7, herein, and delivered corrections to the satisfaction of the ENGINEER and delivered in accordance with the Contract Documents or other evidence of insurance required by Article 5.4 , certificates of inspection, marked-up record documents (as provided in Article 6.11, and other documents, all as required by the Contract Documents, and after the ENGINEER has indicated that the WORK is acceptable, the CONTRACTOR may make application through the Project Representative for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to the CITY) of all Stop Notices arising out of or filed in connection with the WORK. In lieu of such releases or waivers of Liens and as approved by CITY, the CONTRACTOR may furnish receipts or releases in full and an affidavit of the CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the WORK for which the CITY or the CITY's property might in any way be responsible have been paid or otherwise PALM SPRINGS DOWNTOWN PARKING STRUCTURE CONDITIONS OF THE CONTRACT CITY PROJECT 01-27 DATE srvos GENERAL CONDITIONS-PAGE 33 satisfied. If any Subcontractor or Supplier fads to furnish such a release or receipt in full, the CONTRACTOR may furnish a Stop Notice Release Bond or other collateral satisfactory to the CITY to Indemnify the CITY against any Lien 14.11 Final Payment and Acceptance: a. Final payment is defined as the last progress payment made to the CONTRACTOR for earned funds, less retainage or other withheld funds, as applicable, including the deductions listed in paragraph 14.1 1 c, herein. b. If, on the basis of the ENGINEER'S observation of the WORK during construction and final inspection, and the ENGINEER review of the final Application for Payment and accompanying documentation, all as required by the Contract Documents, the ENGINEER is satisfied that the WORK has been substantially completed, and the CONTRACTORS other obligations under the Contract Documents have been fulfilled, the ENGINEER will, within 14 days after receipt of the final Application for Payment, indicate in writing the ENGINEER s recommendation of payment and present the Application to the CITY for payment. At the same time the ENGINEER will also give written notice to the CITY and the CONTRACTOR that the WORK is acceptable subject to the provisions of Article 14.14. Otherwise, the ENGINEER will return the Application to the CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case the CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after the presentation to the CITY of the Application and accompanying documentation, in appropriate form and substance and with the ENGINEERS recommendation and notice of acceptability, the amount recommended by the ENGINEER will become due and payable to the CONTRACTOR c. After acceptance of the WORK by the CITY's governing body, the CITY will make final payment to the CONTRACTOR of the amount remaining after deducting all prior payments and all amounts to be kept or retained under the provisions of the Contract Documents, including the following items: 1. Retainage of not less than 5 percent of the contract price, subject to the provisions of Public Contract Code Section 22300. 2. Liquidated damages, as applicable. 3. One and one-half times the value of outstanding items of correction work or punch list items indicated on the Notice of Completion as being yet uncompleted or uncorrected, as applicable. All such work shall be completed or corrected to the satisfaction of the CITY within the time stated on the Notice of Substantial Completion/Notice of Completion, otherwise the CONTRACTOR does hereby waive any and all claims to all monies withheld by the CITY to cover the value of all such uncompleted or uncorrected items. 14.12 Release of Retainage and Other Deductions: a. After executing and recording a Notice of Completion, and not more than 35 days thereafter, the CITY will authorize the release to the CONTRACTOR of the retainage funds or securities withheld pursuant to the Agreement, less any deductions to cover pending claims against the CITY pursuant to paragraph 14.5b, herein. b. During said Stop Notice filing period, the CONTRACTOR shall have 30 days to complete any outstanding items of correction work remaining to be completed or corrected as listed on a final punch list made a part of the Notice of Substantial Completion/Notice of Completion. Upon expiration of the 35 days referred to in paragraph 14.12a, the amounts withheld pursuant to the provisions of paragraph 14.11c, herein, for all remaining work items will be returned to the CONTRACTOR, provided, that said work has been completed or corrected to the satisfaction of the CITY within said 30 days. Otherwise, the CONTRACTOR does hereby waive any and all claims for all monies withheld by the CITY under the Contract to cover 1.5 times the value of such remaining uncompleted or uncorrected items. c. If, through no fault of the CONTRACTOR final completion of the WORK is significantly delayed and if the ENGINEER so confirms, the CITY will, upon receipt of the CONTRACTORS final Application for Payment and recommendation of the ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the WORK fully completed and accepted. If the remaining balance to be held by the CITY for WORK not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in Article 5.1, the written consent of the surety to the payment of the balance due for that portion of the WORK fully completed and accepted shall be submitted by the CONTRACTOR to the ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. PALM SPRINGS DOWNTOWN PARKING STRUCTURE CONDITIONS OF THE CONTRACT CITY PROJECT 01-27 GENERAL CONDITIONS-PAGE 34 DATE 511102 14.13 CONTRACTORS Continuing Obligation: The CONTRACTOR's obligation to perform and complete the WORK in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by the ENGINEER, nor the issuance of a Notice of Substantial Completion/Notice of Completion, nor any payment by the CITY to the CONTRACTOR under the Contract Documents, nor any use or occupancy of the WORK or any part thereof by the CITY, nor any act of acceptance by the CITY nor any failure to do so, nor any review and approval of a Shop Drawing or sample submittal, will constitute an acceptance of work not in accordance with the Contract Documents or a release of the CONTRACTOR's obligation to perform the WORK in accordance with the Contract Documents. 14.14 Waiver of Claims: a. The acceptance by the CONTRACTOR of the final payment referred to in Article 14.11, herein, shall be a release of the CITY and its agents from all claims of liability to the CONTRACTOR for anything done or furnished for, or relating to, the WORK or for any act or neglect of the CITY or of any person relating to or affecting the WORK, except demands made against the CITY for the remainder, if any, of the amounts kept or retained under the provisions of Article 14.11, herein; and excepting all pending, unresolved claims filed prior to the date of the Notice of Substantial Completion/ Notice of Completion b. The making and acceptance of final payment shall constitute: 1. a waiver of all claims by the CITY against the CONTRACTOR, except claims arising from unsettled Liens, from defective WORK appearing after final inspection pursuant to Article 14.9, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from the CONTRACTOR s continuing obligations under the Contract Documents; and 2. a waiver of all claims by the CONTRACTOR against the CITY other than those previously made in writing and still unsettled. ARTICLE 15 —SUSPENSION OF WORK AND TERMINATION 15.1 Suspension of WORK by the CITY: At any time and without cause, the CITY may suspend the WORK or any portion thereof for a period of not more than 90 ninety days by notice in writing to the CONTRACTOR. The CONTRACTOR and the ENGINEER which will fix the date on which Work will be resumed. The CONTRACTOR shall resume the WORK on receipt from the Project Representative of a Notice of Resumption of WORK. The CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or bath, directly attributable to any such suspension if the CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. 15.2 Termination of Agreement by the CITY(CONTRACTOR Default): a. In the event of default by the CONTRACTOR the CITY may give 10 days written notice to the CONTRACTOR of the CITY's intent to terminate the Agreement and provide the CONTRACTOR an opportunity to remedy the conditions constituting the default. It shall be considered a default by the CONTRACTOR upon the occurrence of one or more of the following events: 1. If the CONTRACTOR becomes insolvent, or assigns its assets for the benefit of its creditors; 2. If the CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under Article 2.8 as adjusted from time to time pursuant to Article 6.3 3. If the CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 4. If the CONTRACTOR disregards the authority of the ENGINEER; 5. If the CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; or PALM SPRINGS DOWNTOWN PAWING STRUCTURE CONDITIONS OF THE CONTRACT CITY PROJECT 01-27 DATE 511102 GENFFAL CONDITIONS- PAGE 35 • 0 6 If the CONTRACTOR fails to prosecute the WORK according to the approved construction schedule, 7. If the CONTRACTOR fails to provide a qualified, full-time Superintendent or Project Manager at the site, competent workers, or materials or equipment meeting the requirements of the Contract Documents.lf the CONTRACTOR fails to remedy the conditions constituting default within the time allowed, the CITY may then issue the Notice of Termination. b. The CITY may, after giving the CONTRACTOR (and the surety) 7 days' written notice and to the extent permitted by Laws and Regulations, terminate the services of the CONTRACTOR, exclude the CONTRACTOR from the site and take possession of the Work and of all of the CONTRACTORS tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by the CONTRACTOR (without liability to the CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which the CITY has paid the CONTRACTOR but which are stored elsewhere, and finish the Work as the CITY may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by the CITY arising out of or resulting from completing the Work such excess will be paid to the CONTRACTOR. If such claims, costs, losses and damages exceed such unpaid balance, the CONTRACTOR shall pay the difference to the CITY. Such claims, costs, losses and damages incurred by the CITY will be reviewed by the ENGINEER as to their reasonableness and when so approved by the ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph the CITY shall not be required to obtain the lowest price for the Work performed. c. Where the CONTRACTORS services have been so terminated by the CITY, the termination will not affect any rights or remedies of the CITY against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due the CONTRACTOR by the CITY will not release the CONTRACTOR from liability. 15.3 Termination of Agreement by the CITY(For Convenience): Upon 7 days' written notice to the CONTRACTOR and the ENGINEER, the CITY may, without cause and without prejudice to any other right or remedy of the CITY, elect to terminate the Agreement. In such case, the CONTRACTOR shall be paid (without duplication of any items)for the following: 1. For completed and acceptable Work executed in accordance with the procedure prescribed for the making of the final application for payment and payment under Article 14.7, herein. Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. For expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 4. For reasonable expenses directly attributable to termination. The CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.4 Termination of Agreement by the CONTRACTOR The CONTRACTOR may terminate the Agreement upon 14 days written notice to the CITY, whenever, through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than 90 days by the CITY or under an order of court or other public authority, or the ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, or the CITY fails for 30 days to pay the CONTRACTOR any sum finally determined to be due, then the CONTRACTOR may, upon 7 days' written notice to the CITY and the ENGINEER, and provided that the CITY or the ENGINEER does not remedy such suspension or failure within that time, terminate the Agreement and recover from the CITY payment on the same terms as provided in Article 15.3. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if the ENGINEER has failed to act on an Application for Payment within 30 days after it is submitted, or the CITY has failed for 30 days to pay the CONTRACTOR any PALM SPRINGS DOWNTOWN PARKING STRUCTURE CONDITIONS OF THE CONTRACT CITY PROJECT 01-27 GENERAL CONDITIONS-PAGE 36 DATE 511102 0 sum finally determined to be due, the CONTRACTOR may upon 7 day's written notice to the CITY and the ENGINEER stop the Work until payment of all such amounts due to the CONTRACTOR, including interest thereon. The provisions of this Article 15 4 are not intended to preclude the CONTRACTOR from making claim under Articles 11 and 12 for an Increase In Contract Price or Contract Times or otherwise for expenses or damage directly attributable to the CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16 -- DISPUTE RESOLUTION a. Any question about interpretation or clarification, disagreement, or claim that has been timely referred to the ENGINEER in accordance with Article 9.8, except any which have been waived by the making or accepting of final payment, shall upon timely demand of either party be subject to resolution under the following provisions and the provisions of Article 18.18, herein. b. No demand for arbitration or litigation may be made until the earlier of the following listed times: 1. The date on which the ENGINEER has issued a written decision as provided in paragraph 9.8a. 2. The sixty-first day after the date of the ENGINEk3Ts receipt of a claim or dispute, or for an adjustment of contract terms, or both, if a decision has not been issued by that date. c. Pending a resolution of the claim or dispute, the CONTRACTOR shall proceed diligently with the performance of the contract and in accordance with the ENGINEER's decision unless the parties to this contract otherwise agree in writing. If and to the extent that CITY and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC-A, "Dispute Resolution Agreement," to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of Articles 9.7 and 9.8, CITY and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17 —MISCELLANEOUS 17.1 Giving Notice: Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2 Title to Materials Found on the WORK, The CITY shall have the right to retain title to all soils, stone, sand, gravel, and other materials developed and Oobtained from excavations and other operations connected with the WORK. Unless otherwise specified in the Contract Documents, neither the CONTRACTOR nor any subcontractor shall have any right, title, or interest in or to any such materials. The CONTRACTOR will be permitted to use in the WORK, without charge, any such materials which meet the requirements of the Contract Documents. 17.3 Computation of Times: When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. A calendar day of 24 hours measured from midnight to the next midnight shall constitute one day. 17.4 Right to Audit: PALM SPRINGS DOWNTOWN PARKING STRUCTURE CONDITIONS OF THE CONTRACT CITY PROJECT 01-27 GENERAL CONDITIONS-PAGE 37 DATE 511102 • 10 If the CONTRACTOR submits a claim to the CITY for additional compensation, the CITY shall have the right, as a condition to considering the claim, and as a basis for evaluation of the claim, and until the claim has been settled, to audit the CONTRACTOR s books to the extent they are relevant This right shall include the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which the claim has been submitted The right to audit shall include the right to inspect the CONTRACTOR's plants, or such parts thereof, as may have been engaged in the performance of the WORK The CONTRACTOR further agrees that the right to audit encompasses all subcontracts and is binding upon subcontractors. The rights to examine and inspect herein provided for shall be exercisable through such representatives as the CITY deems desirable during the CONTRACTOR'S normal business hours at the office of the CONTRACTOR The CONTRACTOR shall make available to the CITY for auditing, all relevant accounting records and documents, and other financial data, and upon request, shall submit true copies of requested records to the CITY. 17.5 Notice of Claim: Should CITY or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this Article 17.5 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 17.6 Cumulative Remedies: The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by Articles 6.5, 6.8. 6.13. 6.14, 13.2, 13.8, 13.10, 14.4 and 15.2 and all of the rights and remedies available to CITY and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. 17.7 Professional Fees and Court Costs Included: J Whenever reference is made to "claims, costs, losses and damages," it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. ARTICLE 18.0 —CALIFORNIA STATE REQUIREMENTS 18.1 State Wage Determinations: a. As required by Sections 1770 and following, of the California Labor Code, the CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the CITY, which copies shall be made available to any interested party on request. The CONTRACTOR shall post a copy of such determination at each job site. b. 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. 18.2 Workers' Compensation: _ a. In accordance with the provisions of Section 3700 of the California Labor Code, the CONTRACTOR shall secure the payment of compensation to its employees. b. Prior to beginning work under the Contract, the CONTRACTOR shall sign and file with the CITY the following certification: PALM SPRINGS DOWNTOWN PARKMG STRUCTURE CONDITIONS OF THE CONTRACT CITY PROJECT 01-27 GENERAL CONDITIONS-PAGE 38 DATE 511102 "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the WORK of this Contract." c. Notwithstanding the foregoing provisions, before the Contract is executed on behalf of the CITY, a bidder to whom a contract has been awarded shall furnish satisfactory evidence that it has secured in the manner required and provided by law the payment of workers' compensation. 18.3 Apprentices on Public Works: 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. 18.4 Working Hours: The CONTRACTOR shall comply with all applicable provisions of Section 1810 to 1815, inclusive, of the California Labor Code relating to working hours. The CONTRACTOR shall, as a penalty to the CITY, forfeit $25.00 for each worker employed in the execution of the Contract by the CONTRACTOR or by any sub-contractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, unless such work receives compensation for all hours worked in excess of 8 hours at not less than 1-1/2 times the basic rate of pay. 18.5 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. 18.6 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's governing body, the CITY will file, in the County Recorder's office, a Notice of Completion of the WORK. 18.7 Unpaid Claims: If, at any time prior to the expiration of the period for service of a Stop Notice, there is served upon the CITY a Stop Notice as provided in Sections 3179 through 3210 of the Civil Code of the State of California, the CITY shall, until the discharge thereof, withhold from the moneys under its control so much of said moneys due or to become due the CONTRACTOR under this Contract as shall be sufficient to answer the claim stated in such stop notice and to provide for the reasonable cost of any litigation thereunder; provided, that if the ENGINES 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. 18.8 Concrete Forms, Falsework, and Shoring: The CONTRACTOR shall comply fully with the requirements of Section 1717 of the Construction Safety Orders, State of California, Department of Industrial Relations, regarding the design of concrete forms, falsework and shoring, and the inspection of same prior to placement of concrete. Where the said Section 1717 requires the services of a civil engineer registered in the State of California to approve design calculations and working drawings of the falsework or shoring system, or to inspect such system prior to placement of concrete, the CONTRACTOR shall employ a registered civil engineer for these purposes, and all costs therefor shall be included in the price named in the Contract for completion of the WORK as set forth in the Contract Documents. 18.9 Retainage From Monthly Payments: PALM SPRINGS DOWNTOWN PARKING STRUCTURE CONDITIONS OF THE CONTRACT CRV PROJECT 01-21 DATE 511m2 GENERAL CONDITIONS-PAGE 39 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. 18.10 Public Works Contracts; Assignment to Awarding Body: In accordance with Section 7103.5 of the California Public Contract Code, the CONTRACTOR and Subcontractors shall conform to the following requirements. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the CONTRACTOR or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the CONTRACTOR, without further acknowledgement by the parties. 18.11 Submittal of Bids;Agreement to Assign: In accordance with Section 4552 of the Government Code, the bidder shall conform to the following requirements. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 Division 7 of the Business and Professions Code) arising from purchases of goods, materials, or services by and for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. 18.12 Payroll Records; Retention; Inspection; Noncompliance Penalties; Rules and Regulations: a. Each contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. b. The payroll records enumerated under paragraph 18.12a shall be certified and shall be available for inspection at all reasonable hours at the principal office of the CONTRACTOR on the following basis: 1. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. 2. A certified copy of all payroll records enumerated in paragraph 18.12a, herein, shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. 3. A certified copy of all payroll records enumerated in paragraph 18.12a, herein, shall be made available upon request by the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph 18.12b.2, herein, the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the CONTRACTOR, subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of the CONTRACTOR. PALM SPRINGS DOWNTOWN PARKING STRUCTURE CONDITIONS OF THE CONTRACT cnv PROJECT 01-27 GENERAL CONDITIONS-PAGE 40 DATE 511102 c Each contractor shall file a certified copy of the records, enumerated in paragraph 18.12a, herein, with the entity that requested the records within 10 days after receipt of a written request d. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address, and social security number The name and address of the CONTRACTOR awarded the contract or performing the contract shall not be marked or obliterated. e. The CONTRACTOR shall inform the body awarding the contract of the location of the records enumerated under paragraph 18.12a, herein, including the street address, city and county, and shall, within 5 working days, provide a notice of a change of location and address. L In the event of noncompliance with the requirements of this Section, the CONTRACTOR shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the CONTRACTOR must comply with this Section. Should noncompliance still be evident after the 10-day period, the CONTRACTOR shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit 25 dollars for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. g. A copy of all payrolls shall be submitted weekly to the ENGINEER. Payrolls shall contain the full name, address and social security number of each employee, his or her correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made and actual wages paid. They shall also indicate apprentices and ratio of apprentices to journeymen. The employees address and social security number need only appear on the first payroll on which his name appears. The payroll shall be accompanied by a "Statement of Compliance" signed by the employer or its agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those required by the contract. The "Statement of Compliance" shall be on forms furnished by the CITY or on any form with identical wording. The CONTRACTOR shall be responsible for the submission of copies of payrolls of all subcontractors. h. If by the 15th of the month, the CONTRACTOR has not submitted satisfactory payrolls for all work performed during the monthly period ending on or before the 1st of that month, the CITY will retain an amount equal to 10 percent of the estimated value of the work performed during the month from the next monthly estimate, except that such retention shall not exceed $10,000 nor be less than $1,000. Retentions for failure to submit satisfactory payrolls shall be additional to all other retentions provided for in the contract. The retention for failure to submit payrolls for any monthly period will be released for payment on the monthly estimate for partial payments next following the date that all the satisfactory payrolls for which the retention was made are submitted. 18.13 Cultural Resources: The CONTRACTOR's attention is directed to the provisions of the Clean Water Grant Program Bulletin 76A which augments the National Historic Preservation Act of 1966 (16 U.S.C. 470 as specified under Section entitled, "Temporary Environmental Controls" of the General Requirements. 18.14 Protection of Workers in Trench Excavations: As required by Section 6705 of the California Labor Code and in addition thereto, whenever work under the Contract involves the excavation of any trench or trenches 1.5 meters (5 feet) or more in depth, the CONTRACTOR shall submit for acceptance by the CITY or by a registered civil or structural engineer, employed by the CITY, to whom authority to accept has been delegated, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation, of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by the CONTRACTOR and all costs therefor shall be included in the price named in the Contract for completion of the WORK as set forth in the Contract Documents. Nothing in this Section shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safely Orders. Nothing in this Section shall be construed to impose tort liability on the CITY, the ENGINEER, or any of their officers, agents, representatives, or employees. 18.15 Travel and Subsistence Pay: PALM SPRINGS DOWNTOWN PARKING STRUCTURE CONDITIONS OF THE CONTRACT Cu PROJECT 01-27 GENERAL CONDITIONS-PAGE 41 DATE 511102 a 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. b. 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. 18.16 Removal, Relocation, or Protection of Existing Utilities: a. In accordance with the provisions of Section 4215 of the California Government Code, any contract to which a public agency as defined in Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the site Of any construction project that is a subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made apart of the invitation for bids. The agency will compensate the CONTRACTOR for the costs of locating, repairing damage not due to the failure of the CONTRACTOR to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. b. The CONTRACTOR shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the public agency or the owner of the utility to provide for removal or relocation of such utility facilities. I c. Nothing herein shall be deemed to require the public agency to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve the public agency from identifying main or trunk lines in the plans and specifications. d. If the CONTRACTOR while performing the contract discovers utility facilities not identified by the public agency in the contract plans or specifications, he or she shall immediately notify the public agency and utility in writing. e. The public utility, where they are the owner, shall have the sole discretion to perform repairs or relocation work or permit the CONTRACTOR to do such repairs or relocation work at a reasonable price. 18.17 Contracts for Digging Trenches or Excavations; Notice on Discovery of Hazardous Waste or Other Unusual Conditions; Investigations; Change Orders; Effect on Contract As required under Section 7104 of the Public Contracts Code (Slats. of 1989), in any public works contract of a local public entity which involves the digging trenches or other excavations that extend deeper than 1.2 meters (4 feet) below the surface shall be subject to the following conditions: The CONTRACTOR shall promptly, and before the conditions specified in Article 4.5, herein, are disturbed, notify the public entity in writing, of any of the conditions described in Article 4.5, herein. 18.18 Resolution of Construction Claims: a. As required under Section 20104, of 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. b. 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. c. Within 30 days of the receipt of the claim, the CITY may request additional documentation supporting the claim or relating to defenses or claims the CITY may have against the CONTRACTOR If the amount of the claim is PALM SPRINGS DOWNTOWN PARKING STRUCTURE CONDITIONS OF THE CONTRACT CITY PROJECT 01-27 GENERAL CONDITIONS-PAGE 42 DATE 511102 0 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 J. 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 e. 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. f. If the meet and confer conference does not produce a satisfactory request, the CONTRACTOR may pursue the remedies authorized by law. END OF GENERAL CONDITIONS PALM SPRINGS DOWNTOWN PAWING STRUCTURE CONDITIONS OF THE CONTRACT CITY PROJECT 01-21 DATE 511102 GENERAL CONDITIONS-PAGE43 CONDITIONS OF THE CONTRACT SUPPLEMENTARY GENERAL CONDITIONS GENERAL These Supplementary General Conditions make additions, deletions, or revisions to the General Conditions, as indicated herein. All provisions which are not so added, deleted, or revised remain in full force and effect. Terms used in these Supplementary General Conditions which are defined in the General Conditions have the same meanings assigned to them in the General Conditions. ARTICLE 1 In addition to the definitions in the provisions of Article 1 of the General Conditions, the following respective definitions shall apply: Consultant-the architectural firm and its designated representatives acting on behalf of the City of Palm Springs as its authorized representative within the scope of authority defined in their contract with the City. Contractor- The word Contractor shall refer to the Trade Contractor. Engineer-The word Engineer shall mean the Consultant. Owners Representative - Mike E. Fontana of Mike E. Fontana and Associates, Palm Springs, CA or such other person as may be subsequently designated in writing to the Contractor. Project Representative - The word Project Representative shall refer to the Construction Manager, Turner Construction Company and its designated representative, or such other person or entity as may be subsequently designated by the City in writing to the Contractor. Said Construction Manager shall be the entity through whom all liaisons between the Contractor and the City shall be directed. Working Day-A Working Day is defined as any day, except as follows: (1) Saturdays, Sundays, and any legal holiday officially observed by the City of Palm Springs. (2) 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 a least 60 percent of the total daily time being currently spent on the controlling operation or operations. C'\PALM SPRINGS PARKING STRUCTURE\CITY BID DOCUMENTS\SUPPLEMENTARY GENERAL CONDITIONS.WPD -1- • • Article 2 - Preliminary Matters 2.2 Copies of Documents - Revise the number of copies of the contract documents to be (2) copies in lieu of(5) copies. 2.3 Commencement of Contract Times: Notice to Proceed Delete the following..." or, if no Notice to Proceed is issued, on the thirtieth day after the Effective Date of the Agreement." 2.4 Starting the Project: Delete entire paragraph. 2.5 Starting the Work: Revise to read: The CONTRACTOR shall start to perform the Work on the date authorized by the Notice to Proceed, but no Work shall be done at the site prior to the Notice to Proceed. 2.8 Initially Acceptable Schedules: In this section, substitute the words PROJECT REPRESENTATIVE for the work ENGINEER. 2.9 Legal Address of the City:The official address of the City shall be the City of Palm Springs, 3200 E.Tahquitz Canyon Way, Palm Springs, CA 92262, or such other address as the City may subsequently designate in written notice to the Contractor. 2.10 Legal Address of the Owner's Representative: The official address of the Owner's Representative shall be Mike E. Fontana, Mike E. Fontana and Associates, 1276 N. Palm Canyon Drive, Palm Springs, CA 92262, or such other address as the City may subsequently designate in writing to the Contractor. ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING AND REUSE 3.1 Contract Documents: The following subparagraph (b) shall be added to Article 3.1 of the General Conditions: (b) The location of the Work, its general nature and extent, and the form and general dimensions of the Project and appurtenant works are shown on the drawings, hereby made a part of these Contract Documents, as listed on Sheet Number A 0.1 of the Drawings entitled, "Palm Springs Downtown Parking Structure," dated prior to the date of opening bids. Drawing changes made subsequent to the date of the opening bids shall only be issued under a Change Order, as provided in Article 10 of the General Conditions. The following Article 3.7 shall be added to the General Conditions: 3.7 Scope: (a)The Work to be performed under this Contract shall consist of furnishing all plant,tools, equipment, materials, and manufactured articles and for furnishing all transportation services, and all fuel, power,water, and essential communications, and forthe performance of all labor, work, or other operations required for the fulfillment of the contract in strict accordance with the Specifications, Drawings, Schedules, and other Contract Documents as defined in the Contract, all of which are made a part hereof and including such detail sketches as may be furnished by the Engineer from time to time during construction in CAPALM SPRINGS PARKING STRUCTURE\CITY BID DOCUMENTS\SUPPLEMENTARY GENERAL CONDITIONS.WPD -2- explanation of said Drawings or other Contract Documents. (b) The Work shall be complete and operable, and all work, materials, and services not expressly called for or shown in the Contract Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally so specified or shown, at no additional cost to the City. Article 5 - Bonds and Insurance 5.1 Performance and Other Bond Amounts: (a) The Contractor shall furnish a satisfactory Performance Bond and a Payment Bond, each in the amount of 100 percent of the Contract price. 5.2 Bonding Company Waiver of Right of Notification. The Contractorshall assure that its bonding company is familiarwith all of the terms and conditions of these Specifications, and shall obtain a written acknowledgment by the Bonding Company that said Bonding Company thereby waives the right of special notification of any changes or modifications of the contract or of extensions of time or of decreased or increased Work or of cancellation of the Contract, or any other act Contract bythe City or any of its authorized representatives. 5.3 Insurance Amounts: The limits of liability for insurance as required by Article 5.2 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation: Under Article 5.2b.1 ofthe General Conditions: (a) State: Statutory Amount or minimum of$1,000,000 (b) Employer's Liability $ 100,000 2. Comprehensive General Liability. Under Article 5.2b.2 of the General Conditions: (a) Bodily injury (including completed operations and products liability and wrongful death); See "Exhibit C -Trade Insurance Requirements" Property damage: See "Exhibit C -Trade Insurance Requirements" (2) Property damage liability insurance will provide explosion, collapse, and underground coverages where applicable. (3) Personal injury, with employment exclusion deleted. $1,000,000 Annual Aggregate CAPALM SPRINGS PARKING STRUCTURE\CITY BID DOCUMENTS\SUPPLEMENTARY GENERAL CONDITIONSOPD -3- 3. Comprehensive Automobile Liability Under Article 5.2b 3 of the General Conditions (1) Property damage $1,000,000 Each Occurrence or a combined single limit of $1,000,000 4. Builder's Risk: Under Article 5.2b.5 ofthe General Conditions will be paid for and obtained bythe City of Palm Springs. 5. Provide Certificate(s) of Insurance naming the CITY OF PALM SPRINGS and TURNER CONSTRUCTION COMPANY as additional insured. Article 6 -The Contractor's Responsibilities 6.15 Waiver of Rights: 6.15.a Add "Project Representative,Turner Construction Company"in all references where the CITY, the ENGINEER, and the ENGINEER CONSULTANTS are named, or where the CITY, the ENGINEER, and the CITY'S CONSULTANTS are named. 6.15.b Add"Project Representative,Turner Construction Company"in all references where the CITY, the ENGINEER, and the CITY'S CONSULTANTS are named. 6.15.c Add "Project Representative, Turner Construction Company." 6.5 Permits, License Fees, and Royalties The following subparagraphs"d","e,"and"f,"are hereby added to Article 6.5 of the General Conditions: (4) Business License and Permits:All permits issued by the City of Palm Springs shall be obtained by the Contractor, but will be paid by the City; provided, that prior to beginning the work hereunder,the Contractor shall obtain and pay for a City of Palm Springs business license. Except as otherwise provided herein,all permits issued by other agencies and authorities having jurisdiction shall be obtained and paid for by the Contractor. (5) Building Permits:The Contractorshall obtain all licenses and shall assist in obtaining permits required to perform the Work of this project. The general Building Permit and Plan Check fee will be paid for by the City. Other permit fees, including encroachment fees and electrical, mechanical, and plumbing permit fees will be paid directly by the City. No separate payment therefor will be allowed under the Contract for any of the permits or fees under this Article. (6) Utility Fees: Utility connection fees, lateral fees, utility structure changes and tariffs, inspection fees, and similar utility-related fees will be paid for directly by the City. C.\PALM SPRINGS PARKING STRUCTURE\CITY BID DOCUMENTS\SUPPLEMENTARY GENERAL CONDITIONS.WPD -4- Annexation fees, flood control fees, pollution district fees, and similar fees will also be paid bythe City. No separate payment therefor will be allowed under the Contract for any of the fees under this Article. 6.7 Laws and Regulations: The following subparagraph (d) is hereby added to Article 6.7 of the General Conditions: (d)The Work is located in the City of Palm Springs in the County of Riverside, State of California. The Contractor shall comply with all ordinances, regulations, and other lawful requirements of said City, County, and State governing the work on public property. In particular, the Contractor's attention is directed to the section entitled "Temporary Environmental Controls." ARTICLE 9 - THE ENGINEER'S STATUS DURING CONSTRUCTION 9.1 The word ENGINEER shall mean Project Representative for Articles 9.2, 9.3 and 9.4. 9.1 The word ENGINEER shall be defined in ARTICLE 1 for Articles 9.5, 9.6, 9.7, 9.8 and 9.9. ARTICLE 10 - CHANGES IN THE WORK 10.2 Allowable Quantity Variations: Deleted (UNIT PRICE JOBS ONLY). 10.3 Increases of More than 25 Percent: Deleted (UNITPRICE JOBS ONLY). 10.4 Decreases of More Than 25 Percent: Deleted (UNIT PRICE JOBS ONLY). ARTICLE 11 - PAYMENTS TO CONTRACTOR AND COMPLETION: CHANGE OF CONTRACT PRICE 11.2 Equipment:The following wording shall be added to the end of Article 11.2 subparagraph (d): Whenever under the terms of the Contract the Contractor is entitled to additional payment for the use of rental equipment, the Contractor will be paid for the use of the equipment at the rental rate listed for such equipment specified in the current edition of the following reference publication: "Labor Surcharge and Equipment" rental rates; as published by the State of California, Department of Transportation, Sacramento, CA. AED Green Book, 48th Edition, 1997 Rental Rates & Specifications for Construction Equipment, as published and compiled by Machinery Information Division of K-III Directory Corporation, 1735 Technology Drive, Suite 410, San Jose, CA 95110-1313; telephone (800) 669- 3282. ARTICLE 14 - PAYMENTS TO THE CONTRACTOR AND COMPLETION 14.2 Unit Price Bid Schedule: Deleted. 14.3 Application for Progress Payment: C:\PALM SPRINGS PARKING STRUCTURE\CITY BID DOCUMENTS\SUPPLEMENTARY GENERAL CONDITIONS.WPD -5- The following provision shall be added to Article 14.3c of the General Conditions: In addition to the provisions of Article 14.11 of the General Conditions for withholding of funds from the Final Payment,the City may retain a portion of the amount of each progress payment otherwise due to the Contractor, as follows: 1. The City will retain 10 percent of each approved progress payment until the Work is 50 percent complete;then, the City may at its option suspend further retainage until the final progress payment. 2. The City reserves the right to reinstate up to 20 percent retainage of the total of the Work done if the City determines, at its discretion, that the Contractor is not performing the Work satisfactorily, orthere is otherspecific cause forsuch retainage. 14.3 Application for Progress Payment: Add a new subparagraph (3), as follows: (3) For all long lead purchases of electrical and mechanical building equipment that has been delivered in accordance with project schedules and approved by Project Representative to the site and safely and securely stored in accordance with the requirements of Section 01600, Materials and Equipment, the City will pay 50 percent of the Supplier's invoice price to the Contractor; provided that no payment will be made for any materials,equipment, or compensation thereof,whose value is less than $5,000. ARTICLE 17 MISCELLANEOUS 17.8 Add the following: "Nothing contained herein shall be deemed to create any contractual relationship between the Project Representative and the Contractor, its Subcontractors or material suppliers on the Project; nor shall anything contained in this Agreement with the Project Representative be deemed to give any third party any claim or right of action against the Owner or the Project Representative which does not otherwise exist." END OF SUPPLEMENTARY GENERAL CONDITIONS C:\PALM SPRINGS PARKING STRUCTURE\CITY BID DOCUMENTS\SUPPLEMENTARY GENERAL CONDITIONS WPD -6- CITY OF PALM SPRINGS SPECIFICATIONS PART III - EXHIBITS Exhibit A Safety Program dated 2/13/2001 Exhibit S Construction Master Schedule Exhibit C General Liability and Automotive Insurance Limits Exhibit D Document List, dated May 6, 2002 Exhibit E Construction Manager' s Standard Provisions Exhibit F Temporary Utilities for Construction Purposes Exhibit G Liquidated Damages CONDITIONS OF THE CONTRACT PALM SPRINGS DOWNTOWN PARKING STRUCTURE GENERAL CONDITIONS-CONTENTS CITY PROJECT 0 1-27 DATE. 6/6/02 �N� "aq� frj'� 2002 escrip k 122,129 06 12 1 9 1 E 102 106"113 OL,�7 P3 110C 1 1 z OSET; _V1 SlTg��k -Z- DEMOLITION FIRST PHASE 10 03JUN02 14JUN02 �IIIM DEMOLITION FIRST PHASE �i�.�I�U�B�F�I�RS'RO'AD' CLOSURES, FENCE:: SET UP BARRIERS ROAD CLOSURES, 3 03JUN02 JUN02 GROUND BREAKING CEREMONY 1 03JUN02 03JUN02 GROUIND BREAKING CEREMONY : UTILITY RELOCATIONS 15 06JUN02 26JUN02 UTILITY RELOCATIONS EXCAVATION AND RECOMPACTION 12 18JUN02 03JUL02 -EXCAVATION AND RECOMPACTION : INSTALL NEW GREASE INTERCEPTOR 10 27JUN02 11JUL02 •INSTALL NEW GREASE INTERCEPTOR NEWT I RANS'FOPM'ER'VAULT NEW TRANSFORMER VAULT 10 05JUL02 18JUL02 ABANDON EXISTING GREASE INTERCEPTOR ABANDON EXISTING GREASE 1 12JUL02 12JUL02 _15AU 7. 1 INSTALL NEW FEEDS AND TRANSFORMER 20 19JUL02 G02 INSTALL NEW FEEDS AND TRANSFORMER CURBS AND GUTTER 15 05SEP02 25SEP02 =211,CURBS AND GUTTER A DE MOLITION G U E IN NEW X E E R S 79 E I B INSTALL _U - ----- - ------------- L 10 26SEP02 090CT02 I PLANTERS PLANTERS ASPHALT PAV ING 5 040 OT02 100 02 ASPHALT PAVING PAVERS 10 11OCT02 240CT02 PAVERS PLANTING 5 25OCT02 31 OCT02 ��`A PLANTING STREET LIGHTING 5 01 NOV02 07NOV02 '),I STREET LIGHTIN Willimmlill FRANK H FRANK BUILDING PARKING REMODEL I 15106NOV02 26NOV02 'BUILDING 57,10ft1c �!�d T 11, STRUCTURE FOUNDATIONS 18 24JUN02 18JUI_02 ► FOUNDATIONS PITS 15 27JUN02 I8JUL02 PITS UNDERGROUND UTILITIES WITHIN BLDG 10 05JUL02 18JULC)2 IN mm UNDERGROUND UTILITIES WITHIN BLDG FINE GRADE/UNDER SLAB SAND/ViSQUEEN 10 12JUL02 25JUL02 "IIIIIIIIIIIIIII-FINE GRADE/UNDER SLAB SANDNISQUEEN SL'AB ON GRADE SLAB ON GRADE 12 19JUL02 05AUG02 L'. - ------------ -- ---- -------- SRC SHEARWALL 1 -2 . . . . . . 10 23JUL02 05AUG02 i SRC SHEARWALL I -Z L SRC COLUMNS N 1 -2 5131JUL02 06AUG02 • MRSRCCOLUMNSN1 -2 • _F 5 05SEP02 11SEP02 C COLUMNS N 2-3 SRC C :Ei" COLUMNS S I -2 5 07AUG02 13AUG02 *=�-SRC COLUMNS S I -Z SRC DECKS/RAMPS POUR I LVL 2 5 14AUG02 20AUG02 /RAMPS POUR I LVL 2 SRC COLUMNS N 2-3 5 21AUG02 27AUG02 COLUMNS N 2-3 SRC DECKS/RAMPS POUR 2 LVL 2 5 21AUG02 27AUG02 KS/RAMPS POUR 2 LVL 2 SRC DECKS/RAMPS POUR 3 LVL2 5 28AU . . . . DECKS/RAMPS POUR 3 LVL2 G02 04SE SRC SHEARWALL 2-3 5 28AUG02 04SEP02 SHEARWALL 2-3 SRC COLUMNS N 2-3 la PR02 Start 26t. 2EI�NOV02 Data date 30APR02 CITY OF PALM SPRINGS Run date 2 DOWNTOWN PARKING STRUCTURE Update May 01 02 Turner Page number 1A ', @Primavera Systems, Inc. T� *AT-14Wy Nov In 3, 1C�17 45 1 8-1,5 2 29- $'TZ 19,2 2 9 16 23 r SRC DECKS/RAMPS POUR I LVL 3 5 05SEP02 11 SEP02 SRC DECKS/ POUR I LVL 3 SRC COLUMNS N 3- SRC COLUMNS N 3-4 5 12SEP02 I8SEP02 al SRC DECKS/RAMPS POUR 2 EVIL 3 5 12SEP02 18SEP02 POUR 2 LVL 3 - SRC DECKS/RAMPS POUR 3 LVL 3 5 19SEP02 25SEP02 ► SRCDECKS/RAMPS POUR 3 LVL 3: SRC COLUMNS S 3-4 5 19SEP02 25SEP02 U'M SRC COLUMNS S 3,-4' -wo�SRC SRC SHEARWALL.3-4 5 19SEP02 25SEP02 SHEARWALL 3-4 'RAMP 4 SRC DECK/RAMP 4 02 030CT02 SRC DECK, POUR STRIPS LEVEL 2 3 036CT02 070CT02 �.o!POUR STRIPS LEVEL 21 T INSTALL ACCESS STAIRS 5 040CT02 10OCT02 j rd^A INSTALL ACCESS STAIRS POURSTRIPS LEVEL 3 3 240CT02 28OCT02 L^t'flqPOURSTRIPS LEVEL '�n POUR STRIPS POUR STRIPS LEVEL 4 3 01NOV02 05NOV02 ---.-1--.-----T FINISHES WATERPROOFING PITS 3 19JUL02 23JUL02 !rz,WATERPROOFING PT S li, II CONSTRUCT ELEVATOR SHAFTS 20 06AUG02 03SEP02 CONSTRUCT ELEVATOR SHAFTS MASONRY WALLS 30 05SEP02 160CT02 M A S 0 N R Y WALLS INSTALL ELEVATORS 40 12SEP02 06NOV02 INSTALL ELEVAT( —ELECTRICAL PANEL AND FEEDERS 30 12SEP02 230CT02 luulmzlf ELECTRICAL PANEL AN Tt 1�u INSTALL FLOOR DRAIN INSTALL FLOOR DRAINS AND LEADERS 25 19SEP02 230CT02 GUARD RAILS AND PLATES 20 26SEP02 23OCT02 --Z I GUARD RAILS AND FLA PLASTER 15 010CT02 210CT02 -►MTR 2-lUK'J PI-ASTERI — I fl i SPRINKLER SYSTEM/RISERS 20 080CT02 04NOV02 I�.-zA.� S P R I N K L E R S Y S T I BRICK VENEER 10 170CT02 30OCT02 BRICK VENEER ------------- ------ -- -- ---------- ------ CONSTRUCT GROUND FLOOR DISPLAY 15 170CT02 06NOV02 CONSTRUCT GR( CAULK JOINTS 10 230CT02 05NOV02 CAULK JOINTS MISCELLANEOUS IRON FEATURES 5 240CT02 30OCT02 -,P,22-MISCELLANEOUS IR' INSTALL SH INSTALL SHADE STRUCTURE ELEMENTS 10 280CT02 08NOV02 PAINTING 10 310CT02 13NOV02 AINTING P CARD ACCESS SYSTEM 5 06NOV02 12NOV02 CARD ACCESS STRIPING 10 06NOV02 19NOV02 �-.66WJSTRIFiNG EXTERIOR LIGHTING 5 07NOV02 13NOV02 41.1 EXTERIOR LIG TICKET ENTRY/EXIT CONTROLS 2 13NOV02 14NOV02 TICKET ENTR' PUNCH AND FINALS 5 20NOV02 26NOV02 `,�-MiPUNCH GRAND OPENING 0 26NOV02 . . . . . . j j j j j u-GRAND Start date 08APR02 Finish date 26NOV02 CITY OF PALM SPRINGS Data date 30APR02 Run date 06MAY02 DOWNTOWN PARKING STRUCTURE Update May 01 02 1 Turm Page number 2A Primavera Systems, Inc. • 0 EXHIBIT C TRADE INSURANCE REQUIREMENTS GENERAL LIABILITY AND AUTOMOTIVE INSURANCE LIMITS Bid Trade General Liability Automobile Package # Combined Single Insurance Limit 1 Selective Demolition $3,000,000 $1,000,000 2 Earthwork $3,000,000 $1,000,000 3 Site Utilities $3,000,000 $1,000,000 4 Elevators $3,000,000 $1,000,000 5 Landscape & Irrigation $1,000,000 $1,000,000 6 Asphalt Paving $1,000,000 $1,000,000 7 Concrete & Reinforcing $3,000,000 $1,000,000 8 Precast Concrete $3,000,000 $1,000,000 9 Masonry $3,000,000 $1,000,000 10 Miscellaneous Metals $3,000,000 $1,000,000 11 Waterproofing $3,000,000 $1,000,000 12 Glass & Glazing $3,000,000 $1,000,000 13 Metal Stud Framing & Plaster $3,000,000 $1,000,000 14 Painting $1,000,000 $1,000,000 15 Parking Control Equipment $1,000,000 $1,000,000 16 Parking Structure Signage $1,000,000 $1,000,000 17 Plumbing $3,000,000 $1,000,000 18 HVAC $3,000,000 $1,000,000 19 Fire Protection $3,000,000 $1,000,000 20 Electrical $3,000,000 $1,000,000 EXHIBIT D PALM SPRINGS DOWNTOWN PARKING STRUCTURE DOCUMENT LIST May 6, 2002 Architectural Architect/ Description Date Drawing No. Engineer A0.1 Walker Abbreviations & Code Summary 4/30/02 A1.0 Walker/JCA Architectural Site Plan 4/30/02 1 Sanborn A/E Site Utility Plan 5106/02 1 Sanborn A/E Demolition Plan 5106/02 1 Sanborn A/E Grading Plan 5/06/02 0 0 EXHIBIT F TEMPORARY UTILITIES FOR CONSTRUCTION PURPOSES I. Temporary Plumbing A. Scope of Work provided to the Trade Contractors by the Plumbing Contractor. The temporary plumbing to be provided to the Trade Contractors will include, but not limited to the following: 1. Temporary water from domestic water point of connection. • 3/4" hose bibs Two (2) per level, evenly distributed and located 48"AFF • System will be sanitized for drinking purposes. B. Cost of water will be paid by the City of Palm Springs II. Temporary Electrical A. Power Consumption 1. Power consumption will be paid by the City of Palm Springs B. Scope of Work 1. Power The temporary power to be provided to the Trade Contractors shall include, but not be limited to the following: a) The temporary electrical work installed so as not to interfere with permanent construction. b) Provide a 400 amp, 3 phase, 480 volt service. c) Provide six (6) temporary power boxes (spider boxes) at each level. d) Provide temporary power for the elevator(s) to be used as temporary elevator(s) during construction. 2. Lighting Lighting to be provided to the Trade Contractors shall include, but not limited to the following: a) Lighting of not less than one foot candle per square foot or as required by CAL-OSHA on each floor. Task lighting will be by the respective Trade Contractors. b) Stairway lighting with a minimum of five (5) foot candles at each landing and between landings per CAL-OSHA 0 EXHIBIT G LIQUIDATED DAMAGES AND ANTICIPATED DURATION DATED BY TRADES FROM NOTICE TO PROCEED (NTP) TO END OF ACTIVITY Bid Trade Duration Liquidated Package # Damages/Day 1 Selective Demolition $750 2 Earthwork $750 3 Site Utilities $750 4 Elevators $500 5 Landscape & Irrigation $250 6 Asphalt Paving $250 7 Concrete & Reinforcing $1,000 8 Precast Concrete $250 9 Masonry $500 10 Miscellaneous Metals $500 11 Waterproofing $250 12 Glass & Glazing N/A 13 Metal Stud Framing & Plaster $250 14 Painting $250 15 Parking Control Equipment $250 16 Parking Structure Signage $250 17 Plumbing $500 18 HVAC $500 19 Fire Protection $750 20 Electrical $750 The duration of each Trade Contract/Bid Package is subject to revision WI N"* DATE lMwDDiyY) PRODUCES THIS CERTIFICATE IS ISSUED AS A MATrIER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HRH Ins gem of So Callbrala HOLDER, THIS CERTIFICATE DOES NOT AMEND. FXMNI) OR License Number 0884509 ALTER THE COVERAGE AFFORDED By THE POLICIES BELOW. 77-564 County Club Dr.#401 COMPANIES AFFORDING COVERAGE Palm Desert CA 92211 COMPANY A Steadfast Swett&Crawfo>r1 COMPANY Demo Unlimited, loo. Et At B Mel-Car )no 8170 Av;5O COMPANY 0 State Fund Indio CA 92201 COMPANY CQVERAGE$, D American Stale Insurance ice • g�l g�M t-, THE POLICY PERIOD THIS is fo'DERTnFY THATIYHE''PbdcIE 6 TO N Offib NrVS AMED'A§bvF KdR T INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED OY T%,,P000IES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED RY PAID CLAIMS, POLICY EFFECINVE POLICY FXPIR4TFONI TYPE OF INSURANCE POLICY NUMBER LIMITS LTR PATE (MMA)DfYY) DATE (MMfi)D/YY) A GENERAL LIABILITY SCG3881066-00 12ili 12/16102 GENERAL AGGREGATE Is 2,000,000 X]COMMERCIAL GENERAL LIABILITY PRODUCTS-rompiop AGO 8 2,000,000 CLAIMS MADE M OCCUR PERSONAL A AbN INJURY S 1,000,000 , X OWNER'S 4 CONTRACTOR'S PROT EACH OCCURRENCE s 1,G00,000 FIRE DAMAGE(Any we fire) MED EXP(Any me persar) S D AUT MOBILE LIABILITY 01 as 09260610 12116101 12/15102 COMBINED SINGLE LIMITS I'ma coo IANY AVYO ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Pet person)'U I AUTOS X HIRED AUTOS HSED AU709 GODLY NARY X NON OWN 0 (Per accident) NON-OWNED AUTOS PROPERTY DAMAGE S GARAGE LIABILITY AUTO ONLY -EA ACCIDENT S ANY AUTO OTNEA THAN AUTO ONLY, FF777777�� EACH ACCIDENT S AGGREGATE S B EXC9$S LIABILITY CUW525 12116101 1211002 EACH OCCURRENCE I 8,000,000 pX UMBRELLA FOAM AGGREGATE x]OTHER THAN UMBRELLA FORM P14A205920 12116/01 12116102 WORKERS COMPENSATION AND T'FY W&TA 046.9421-01 01/01/02 01/01/03 EL EACH ACCIDENT 5 EMPLOYERS'4iA&LBY . 1. tw� 000 THE PRDPR15TOFU MUL DISEASE-POLICY LIMIT 1,000,000 PARTNERSIEXECUTIVE OFFICERS ARE EASE -EA EMPLOYEE 5 1,000,000 GYHER QESGRIPTI.ON OF a ional insured but Onl;y}}with respect arising out of your Ongoing operations OTIR)d for in'Ur,d. w 7 0r -1) Re Palm Springs low AI'WR U le L 10 days notice of cancel ymOnl of preMiUM. CEIR'nPICATE H ER Rl NOW SHOULD ANY OF THE ASCVC DESCRIBED POLICIES BE CANCELLED BEFORE THE 'City Of Palm SpringsEXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 3200 E. Tahquft Canyon Way 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEPy, BUT FAILURE TO MNL S OTiCSS SHALL IMPOSE NO OBLIGATION On Ukaltfn' Palm Springs CA 9M52 NOTICE W" np"�OF ANY KIND UPON TF1 COMPANY, ITS AGENTS OR EPRE$ENTATNES A ORZ ATWEO REPRESS ATiVE Kayo S. Pluss ACOR,DI 25, „TICF A, 1),:W,RdFATION:1-W i. 0/ 12 ' 1,1 ecZe6;?213 01 664V 09C 09L ADNU JnSNI H?JH bJ Wd OS ; 21 Z00a 0Z lHw May-20-02 10= 55A Hartley, scott,&Knier 619.291 0912 P _ 02 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder In lieu of such ondorsement(s). If SUBROGAT ION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the revers¢side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ■ Client#:24063 2DEMOUNL ACORD,M CERTIFICATE OF LIABILITY INSURANCE 1DATE 2/23/03Dnvr PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HRH Insurance Services of ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE Southern Calif LIC#0684503 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 77-564 Country Club Dr.,#401 1-- '^•,.. Palm Desert,CA 92211 INSURERS AFFORDING COVERAGE A.�r�;?)�-����" ^�; NAIC# INSURED INSURERA Steadfast Demo Unlimited Inc Et AI u- INsuRER a State Fund .__ 81750 Avenue 50 INSURER c. Travelers �' �E Indio,CA 92201 " INSURER D: COVERAGES —" THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GATE MMIDDAY DATE MMIDO/YY A GENERAL LIABILITY SC0388195502 12116/03 12/16/04 EACH OCCURRENCE $1000000 NIMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $50000 " CLAIMS MADE a OCCUR MED EXP(Any one person) $O CO O PERSONAL B ADV INJURY $1000000 X OCP GENERAL AGGREGATE $2 OOO OOO G 11.AGGREGATELIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2000000 POLICY jEUTp LOG AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANYAUTO (Ea accident) $ ALL OWNED AUTOS BODILY INJURY SCHEDULEDAUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident)dent) PROPERTY DAMAGE $ (Peracudent) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO OTHERTHAN EA ACC S AUTO ONLY. AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE S RETENTION $ E V WORK-R."CCME;:ATIOII"ND-- 04'.0942-i 03 - -- 01101104 _ --_ 61/UI/U5_.. _— -INQSTATL---_D1E- -- _ FR EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNEWEX50UTIVE El FACH ACCIDENT 0,000,000 OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1,000,000 SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 _ C OTHER Equipment QT66031SE2136 12/16/03 12/16/04 Leased/Rented$275,000 Scheduled$1,722,017 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Certificate holder and Turner Construction also named as additional insured but only with respect to liability arising out of your ongoing F operations performed for that insured. Re:Palm Springs Downtown Parking Structure , 10 days notice of cancellation for nonpayment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Palm Springs DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL In DAYS WRITTEN 3200 E.Tahquitz Canyon Way NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Palm Springs,CA 92262 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESE TATIVE ACORD 25(2001108)1 Of 1 #S97124/M96968 2CHEI © ACORD CORPORATION 1988 �.n -- - - - LICENSE #0684503-- - -- -- - - - --