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HomeMy WebLinkAbout04470 - CONTRERAS CONSTRUCTION RUTH HARDY SIDEWALK CP01-28 MO7042 TITY OF PALM SPMN• CALIFORNIA P O.Box 2743,Palm Springs, California 92263, (760)323-9253 Department of Public Works and Engineering NOTICE OF ACTION FOR: ■PUBLIC AND/OR ❑ PRIVATE IMPROVEMENTS TO: Contreras Construction Co. ACCEPTANCE DATE: June 17,2002 P.O.Box 1808 PROJECT: CP401-28,Ruth Hardy Park Indio,CA 92201 Sidewalk Improvements AGREEMENT NO 44"10 MINUTE ORDER NO '7042 This is to inform you that a Notice of Completion has been filed and recorded on the above-named project. PUBLIC IMPROVEMENTS PRIVATE IMPROVEMENTS Curbing L F Curbing L.F. Street Paving S.F. Street Paving S.F. Sidewalks 3304 S.F. Sidewalks S.F. Driveway Approaches S.F. Driveway Approaches S F. Bike Paths S.F. Bike Paths S.F. Sewer Mains L.F. Sewer Mains L.F. Sewer Laterals L.F. Sewer Laterals L.F. Sewer Manholes EA. Sewer Manholes EA Storm Drains L F Storm Drains L.F. Survey Monuments EA. Survey Monuments EA. Lighting/Landscaping L.S. Location' Ruth Hardy Park-700 Tamarisk Road,Palm Springs,CA C.P.S.Drawing No(s) 10-B-1-67 Permit No. 12764 Contractor(s)actually doing the work Contreras Construction Comuanv Notify your bonding company/bank to release the following bonds: No 826749 P in the amount of $ 17,835.00 Performance_k d& b No 826749 P in the amount of S 17,835.00 Payment a No in the amount of $ Monuments No in the amount of $ Maintenance Security No. in the amount of $ Correction&Repair Construction bond in the amount of $ for Engineer: CITY ENGINEER Bond Co./Bank: Developers Surety&Indemnity Co. Comments: FINAL CONTTR1RACCTT-AMOUNT: S 16,033.20 Submitted by U%Yn / Dated ZS GZ- E ineering K10 Supervisor ��} Approved by: az� Dated:_? Director of Public Works/City Engineer Distribution: Original to Engineering Project File;Copies to Addressee, City Clerk,Engineering File,Engineering Field Supervisor,Building, and Facilities Index No. 0209 DOC as 42-350686 .t 06/26/2002 08:OOA Fee:NC Page 1 of 1 - _ - - - _---, - Reeo��i-n—Of f-a cTa i- eR cord- - County of Riverside Gary L. Orso Assessor, County Clerk & Recorder 11P II l 111 II II P111 111 111111111 Recording Requested By And M S I U 11 PAGE SIZE DA PCOR NOCOR SMF MISC When Recorded Return To: City of Palm Springs Attn: City Clerk I/ EXAM P.O. Box 2743 (, R L COPY LONG REFUND NCHG Palm Springs, CA 92263-2743 - -- - - ----- - - " (SPACE ABOVE THIS LINE FOR RECORDING USE) (EXEMPT FROM RECORDING FEE PER GOV.CODE§6103) +,_Mm NOTICE OF COMPLETION NOTICE IS HEREBY given that: 1. The City of Palm Springs, California, is a municipal corporation, organized and incorporated pursuant to the laws of the State of California. 2. The City Clerk of the City of Palm Springs is authorized and directed to execute,on behalf of said City,any and all Notices of Completion. 3. The address of the City of Palm Springs is City Hall,3200 E. Tahquitz Canyon Way, Palm Springs, California (P.O. Box 2743, Palm Springs, CA 92263-2743). 4. The public work of improvement on the hereinafter referred to real property within the city was COMPLETED on the 7°i day of June, 2002. 5. The name of the contractor(if named)for such work of improvement was: Contreras Construction Company. 6. The public work of improvement,which was completed in the City of Patin Springs, County of Riverside,State of California, is described as follows: Ruth Hardy Park Sidewalk Improvements. 7. The property address or location of said property is: 700 Tamarisk Road. 8. City Project No. 01-28, Agreement Number: 4470 Minute Order Number: 7042 CITY OF PALM SPRINGS: REVIEWED BY:y BY: . '' DATED: Director of Public Works/City Engineer David J. Barakian PATRICIA A. SANDERS, being duly sworn, says: That she is the City Clerk of the aforesaid City of Palm Springs, California, the corporation that executed the foregoing notice; that she makes this verification on behalf of said corporation; that she has read the foregoing Notice of Completion, and knows the contents thereof,and that the facts stated therein are true; that as said City Clerk, she makes this verification on behalf of said municipal corporation. City Clerk -Patricia A. Sanders WP:clr/Iunc02 Index No. 0902 V CITY OF PALM SPRINGS CONTRACT CHANGE ORDER To: Contreras Construction Company Date: June 18,2002 P.O.Box 1808 Project No.: C.P. 01-28 Indio, Ca. 92201 Project Name: Ruth Hardy Park Sidewalk Improvements Change Order No.: One (1) Attn: Henry Contreras Contract Purchase No.: 216375 Account Number(s): 261 - 4802 - 63537 Agr.#4470 M.O.#7042 Res.# A. CHANGES IN WORK: Decrease to Contract Bid Item: Item Description 2 Construct PCC Sidewalk and Pads B. CHANGES IN CONTRACT COST: Decrease to Contract Bid Item: Item Description 2 Construct PCC Sidewalk and Pads 396 SF @ $4.55 ($ 1,801.80) TOTAL (CREDIT) CHANGE ORDER = ($ 1,801.80) NOTE: No additional markup will be added to any items in this Contract Change Order. All cost per each item are final. C. REASON FOR CHANGE: Contract quantities were measured and agreed by both the Contractor and the City Inspector. Quantities for sidewalk were less than contract estimate.This credit will be applied to the contract. D.SOURCE OF FUNDS: Ruth Hardy Park Sidewalk Improvements: 261 - 4802 - 63537 = ($ 1,801.80) Summary of Costs Contract Time Original Contract Amount: $ 17,835.00 Original Completion Date: June 17,2002 This Change Order: ($ 1,801.80) Days Added for this C.C.O.: 0 Previous Change Order(s): $ 0.00 Previous Days Added: 0 Revised Contract Amount: $ 16,033.20 Revised Completion Date: June 17,2002 1 have received a copy of this Change Order and the City Approval: above AGREED PRICES are acceptable-to the contracj f� Submitted � Date 23 � 02 Field r i eerin Su erviso ByG �7 Approved By^�-� ? ✓� Date Title_�r it / (� L� 4� Y Director of Public�rks/City Engineer Date 3 Approved by Date / •,F i Manager !F June 18, 2002 C.P. 01-28 Ruth Hardy Park Sidewalk Improvements Change Order No. 1 Page 2 of 2 Distribution: Original Conformed Copies Conformed-File Copy Engineering (1) Engineering File (1) Finance (1) Engineering Field Inspector (1) Contractor (1) Engineering Field Supervisor (1) City Clerk (1) Purchasing Agent (1) • • Contreras Construction Ruth Hardy Sidewalk Impr AGREEMENT #4470 AGREEMENT M07042, 4-3-02 THIS AGREEMENT made this y" day of in the year 20OZ by and between the City of Palm Springs, a charter city, organized and e ' tang m the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and _CONTRERAS CONSTRUCTION COMPANY hereinafter designated as the Contractor. The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 --THE WORK The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the City s Contract Documents entitled: RUTH HARDY PARK SIDEWALK IMPROVEMENTS CITY PROJECT NO.01-28 The Work is generally described as follows: The Work comprises the constmction of concrete sidewalk and concrete pads, providing and installing picnic tables and grills, and all appurtenant work. ARTICLE 2--COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual lass suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay(but not as a penalty), the Contractor shall pay the City the sum of $425.00 for each calendar day that expires after the time specified in Article 2, herein. ARTICLE 3 --CONTRACT PRICE The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid and Bid Schedulels)• ARTICLE 4--THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, Federal Labor Standards Provisions, Federal Rates of Prevailing Wages, the accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid Band, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers 1 _ to _1 , inclusive, and all Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5--PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the Engineer or the City as provided in the Contract Documents. ARTICLE 6--NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is RUTH HARDY PARK—SIDEWALK IMPROVEMENTS AGREEMENT FORM CITY PROJECT NO.01-28 AGREEMENT AND BONDS- PAGE 1 2/21/02 unr4p;°wa ef:Ne +Lin intended, or if delivered at or sent by registered or certified mail, postage prepaid,to the last business address known to the giver of the Notice. ARTICLE 7--MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications for Public Works Construction ("Greenbook") and the Special Provisions will have the meanings indicated in said Standard Specifications and Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents, IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written. TEST: TY OF PA S, C�AL,IFO�R,NIA 6 APPROVED BY THE CITY COUNCIL: Minute Order No. 7042 Date 4/3/02 City Clerk Agreement No. A4470 CONTENTS APPROVED: ✓a By /6 �7,. City Engineer r�r r Date 1�7is /l T✓ By �✓ Cit anager Date AgreementewiFtander$25,000 Reviewed will approved bi► Procarem d*Contracting, Inldah&T-' ,,.Date U— °-2-- - P.O.Number RUTH HARDY PARK—SIDEWALK IMPROVEMENTS AGREEMENT FORM CITY PROJECT NO, 01-28 AGREEMENT AND BONDS - PAGE 2 2/21/02 "IVY A"m Inoww'!, CON- RACTOR: y �i (Check one)/ indivi a partnership, corporation) � t! fir'--• // �igna[ure/(�� (NOTARIZED) Print Name and Title By Y signature (NOTARIZED) Print Name and Title: Mailing Address qA to f Date (Corporations require two signatures; one from each of the following groups: A. Chairman of Board, President, or any Vice President; AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). End of Signatures RUTH HARDY PARK-SIDEWALK IMPROVEMENTS AGREEMENT FORM " CITY PROJECT NO, 01-28 AGREEMENT AND BONDS - PAGE 3 2/21/02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r�,r'�.c,�r�r�C.crcr`.crcccrc<'.cr�r�rc,<'.crcr`.c<`.ct`.crcrc�'.ercrercr.�t'.cr-c�'.c<`tit'.c<'.ct`-c�'-c�'.cl'�`-c<'.crc<`.c<'.crcrcrc��li State of California 1 ss. County of RIVERSIDE J On 04/22/02 , before me, RAMON CARLOS DIAZ (NOTARY PUBLIC) Date Name and Title of officer(e g "Jane Doe,Notary Public') personally appeared ENRIQUE G. CONTRERAS Names)of Signer(s) [S personally known to me ❑ proved to me on the basis of satisfactory fi evidence to be the persons) whose name(s) is/are `I � RAMON CARLOS DIAZ subscribed to the within instrument and 1 acknowledged to me that he/she/they executed �1 the same in his/her/their authorized f) MYCamr�EieDne�7r1� capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. � / 3 WITNESS my hand a o i'cial seal. r% ?' Place Notary Seal Above Sign a to of jofili Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document Cand could prevent fraudulent removal and reattachment of this form to another document. r r Description of Attached Document AGREEMENT Title or Type of Document: 1;3 Iz fit 04/03/02 3 fi Document Date: Number of Pages: Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer Signer's Name S ❑ Individual (� Top of Thumb here 2� �I ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: ;rs of T Signer Is Representing: CONTRERAS CONSTRUCTION CO. �I S� T 01999 National Notary Association•935o tie Solo Ave..P.0 Box 2402•Chatsworth,CA91313-2402•wwwrallonalnolaryorg Pee No 5907 Reoltler Call Toll Face 1.6006166627 �a��' '��' ..,,r�,�«:i �� " 'r. �, , - ., . E uted in four original con rparts PERFORMANCE BOND Pem : 06P r r emium 28 . 00 >r �„ precilurn is for c'� trac, term and is subject to adjustment baveld on KNOW ALL MEN BY THESE PRESENTS, final contract price, That CONTRERAS CONSTRUCTION COMPANY as Contractor, And Developers Surety and Indemnity Company 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: Seventeen thousand eight hundred thirty five and 00/100---- dollars, for the payment of which sum well and truly to be made, we bind ourselves, our harts, 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: RUTH HARDY PARK SIDEWALK IMPROVEMENTS CITY PROJECT NO.01-28 J 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 affect. PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said Contractor or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED,this 18th day of April 2002 SURETY: CONTRACTOR: Developers Surety and Indemnity Company Contreras Construction Company (Check one; _individual, _partners fp, corpgration) By - /�f j Ann Wi ar BY �� Title Attorney —in— Paat rr, X7 (�jG ��� (SEAL AND NOTARIAL ACKNOWLEDGMENT--- - ' signature OF SURETY( _ (NOTARIZED) Print Name and Title: r � i By signature (NOTARIZED) Print Name and Title: (Corporations require two signatures; one from each of the following groups;A.Chairman of Board,President,or any Vice Presdent; AND B. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer). RUTH HARDY PARK-SIDEWALK IMPROVEMENTS PERFORMANCE BOND CITY PROJECT NO 01-28 AGREEMENT AND BONDS - PAGE 5 2/21/02 STATE OF CALIFORNIA COUNTY OF RIVERSIDE ON 2002 BEFORE ME, YVONNE R. ORTIZ - NOTARY PUBLIC, PERSONALLY APPEARED ANN WILLARD personally known to me (or proved to me r' on the basis of satisfactory evidence) to be �ci's4 the person(s) whose name(s) is/are subscribed t� o 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 SEAL which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ALL PURPOSE ACKNOWLEDGMENT EX ted in four original counterpa PAYMENT BOND Bond/ 826749P Premium is included in KNOW ALL MEN BY THESE PRESENTS, Performance Bond. That CONTRERAS CONSTRUCTION COMPANY as Contractor And Developers Surety and Indemnity Company 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: Seventeen thousand eight hundred and thirty five and 00/100--------------- dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS, said Contractor has been awarded and is about to enter into the annexed agreement with said City to perform the Work as specified or indicated in the Contract Documents entitled: RUTH HARDY PARK SIDEWALK IMPROVEMENTS CITY PROJECT NO.01-28 NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators, successors, or assigns shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for, or about the performance of the Work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Cade, 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 furnishing said materials, provisions, equipment, or other supplies, appliances, or power used in,upon,for, or about performance of the Work contracted to be executed or performed, or any 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 hereinbefore 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 furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said Contractor or said Surety, and notice of said alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED,this 18th day of April 2002 RUTH HARDY PARK—SIDEWALK IMPROVEMENTS PAYMENT BOND CITY PROJECT NO. 01-28 AGREEMENT AND BONDS - PAGE 6 2/21/02 CONTRACTOR: • Contreras Construction Company (Check one- individual, partnership, _corporation) By i- /i signature`� c (NOTARIZED) PrinName and Title: r J a By signature (NOTARIZED) Print Name and Title: (Corporations require two signatures;one from each of the following groups:A. Chairman of Board, President, or any Vice President;AND S.Secretary, Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officed, SURETY: Developers Surety and Indemnity Company L By - _ _1 lri ".: lar u. Title Attorney-in-Fact (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) RUTH HARDY PARK-SIDEWALK IMPROVEMENTS PAYMENT BOND CITY PROJECT NO 01-28 2/21/02 AGREEMENT AND BONDS - PAGE 7 STATE OF CALIFORNIA COUNTY OF RIVERSIDE ON- q�1 g , 2002 BEFORE ME, YVONNE R. ORTIZ - NOTARY PUBLIC, PERSONALLY APPEARED ANN WILLARD 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 SEAL which the person(s) acted, executed the instrument. WITNESS my hand and official sea]. Signature ALL PURPOSE ACKNOWLEDGMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT '--Inti�:��^,:.cam^ . .;- =^`-F,�- �^tom^.c.^ti,•rr.,sS�'��.� �C_'..s:�"'.C�.C.S_.�,�^_.:c`rc`_':���'.,. '.rv:E-ti„�,_:,ti'��`-!-�",2c:.�:`s' State of California t County of Riverside ss. tl ,/ / �I On ✓� `�/AZ before me, Luis Garcia, Notary PublicI Oa[e Name and Ttle of DPocer Iz g.,'Jane Doe,N.ot PubhC) r r personally appeared fix; cif �o vTiLen A l �I II. Name(e)of Slyner(s) v ❑ personally known to me proved to me on the basis of satisfactory r�l I evidence * n to be the person(s) whose name(s) is/are �I subscribed to the within instrument and !t LUIS GARCIA 71 Commission#131t)163 acknowledged to me that he/she/they executed Notary Public-Califomia E the same in his/her/their authorized j RlversideCounty capacity(ies), and that by his/her/their t h � My Comm.Expires Jul 20,2005 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. k� tq WITNESS my hand nd 'icial seal. ^! Place Notary Seal Above algo IF OPTiONAL fil Though the information below is not required by law it may prove valuable to persons relying on the document r and coved prevent fraudulent removal and reattachment of this form to another document. _sl ^ Description of Attached Doct:went 4 I6 Title or Type of Document: I � r Document Date: yflt8oa Number of Pages: F I? fiSigner(s) Other Than Named Above: I �6 F Capacity(ies) Claimed by Signer Signer's Name: _ I El - P" Top of thumb here k' < ❑ Corporate Officer—Title(s): r' I� D< Partner—[I Limited XGeneral Ih .Q ❑ Attorney in Fact 'I ❑ Trustee ❑ Guardian or Conservator !; fi ❑ Other J; C Signer lsP,epreseniing:�6�'�eti�95 ✓—CS27=—_:' 7 7711 '—.�t`T.,<_�V`c 7.CILZ, O 1999 Nallonal Molar/Assanalion•9250 De Solo Ave„PC Box 2902•ChatoLve h,CA91315-2,102-m ,ynallonalnolar org Prod No.5907 ReoNer Call Tall Frae 1-000 876 6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY"OF CALIFORNIA PO BOX 19729,IRVINE.CA 92623.(949)263-3300 ,"NOW ALL ibIEN BY THESE PRESENTS, that except as c\pressly funned, DEVELOPERS SURETY"AND INDEMNITY COMPANY and INDEMNITY CO:NIPANY OF CALIFORNIA,do each severally,but noijounly,hereby make.constitute and appoint. ""PAUL W. LEWIS, ANN WILLARD, DIANE M. NIELSEN, VAN G. TANNER, MATT COSTELLO, JEANETTE MCCULLOCH, LINDA N. WELD, EDWARD J. TALEN, JOINTLY OR SEVERALLY"` as the one and lawful Anomcy(s)-m-Pact, to make,execute,dchrer and acknowledge,for and on behalf of surd corporations as sureties,bands, undcnakinus and Contracts of suretyship giving and ,rantmg unto said Adomcyls)-in-Fact full power and authority to do and to perform ever, act necessary, requisite or proper to he done in connection therewith as each of said corporations could do, but reszrving to each of said cementations full power of subslitutmn and revocation,and all of the acts of said Altomcy(s)-tit-Fact,pursuant to these presents,arc hereby ratified and conlimned This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adapted by the respective Board of Directors of DEVELOPERS SURETYAND 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 than hereby is,authorized to execute Powers of Attorney,qualifying the attamcy(s)named to the Powcrs of Attomcv to execute,on behalf of the corporations,bonds,un lcnakmgs and contracts of suretyship,and that the Secretary or any Assistant Secretary of the corporations be,and each of them hcrcby is,authorized to attest the execution ofany such Power of Attomcy; RESOLVED,FURTHER, that the signatures of such effects may be allixed to any such Power of Attomcy or to any certificate relating thereto by facsimile,and any such Pow cr of Attorney or certificate bearing such facsimile signamres shall be valid and btndmg upon the corporation when so alrixed and in the rune wah respect to any bond, undertaking or contract of suretyship to which it is attached IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY' and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and arrested by their mspcc ive Secretary[his 8'1'day of November,2000 t By David H.Rhodes,Executive Vice President .°`"4<Y AND i,110 •• OON1PANy 0� OJP:OP,P Or�I"?' AA OPPOgq , �2` SEAL `<'- a o 0 Sa; zit_ 0 967 1967 z By =p: 1936 Walmr A.Crowell, Secretary �9�+.,, iOVyp ''d�9` c'141FOPN\P STATE OF CALIFORNIA ) )SS COUNTY OF ORANGE ) On November S.2000,before me,Diane J.Kav,ata.personally appeared David H Rhodes and Walter A.Crowell,personally known to tine(or pro%cd to me on the basis D:` satisfactory evidence) to be the persons whose names are subscribed to the wuhm mstrumtnt and acknowledged to me that Elroy executed the name in their authorized capacities,and that by their signatures on the instrument the entity upon behalf ofwhmh the persons acted Cxctutcd the instrument WITNESS my hand and official seal. II f CUWEJ.K1W929 / ill` J✓R_ COMM.J.KAWAT9 1 L-.}� _ NOWY PUBLIC-CALIFORiZA Signature L ��� w ORANGE COUNTY hhi Comm.Ern Jui-P,2oG2 CERTIFICATE The undcrsm_ned. as Chicl"Opemung Officcr of DEVELOPERS SURETY AND INDEtNINITY' COMPANY and INDEMNITY COMPANY Of CALIFOR.Nd dons hereby Berry that the foregoing Power of Attorney remains to full force and has not been re,oked,and furthermore that the provisions of the reEotuti DnS DI the rC'pttri: Boards ol'Dnectors of said corporations set fordi in 1hC Power Of AtlOmey arc in farce as of the date of fits Ccrrfl eau, This Ccntficalc is executed to the Gry Dl lrvinc,Caltlm 18th oia,the day of April 2002 Br / // WORKER'S COMPENSATION CERTIFICATE (AS REQUIRED BY SECTION 1861 OF THE CALIFORNIA LABOR CODE) I am aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions of said Code, and I will comply with such provisions before commencing the performance of the Work of this Contract. Contrac oI l_L' 61 �. ra Title — RUTH HARDY PARK-SIDEWALK IMPROVEMENTS WORKER'S COMPENSATION CERTIFICATE CITY PROJECT NO.01-28 AGREEMENT AND BONDS- PAGE 4 2/21/02 BID BID TO: CITY OF PALM SPRINGS, CALIFORNIA The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with the City in the form included in the Contract Documents (as defined in Article 4 of the Agreement) to perform the Work as specified or indicated in said Contract Documents entitled: RUTH HARDY PARK SIDEWALK IMPROVEMENTS CITY PROJECT NO. 01-28 Bidder accepts all of the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids and the Instructions to Bidders dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids, unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders, and will furnish the insurance certificates, Payment Bond, Performance Bond, and all Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents, including the following Addenda (receipt of which is hereby acknowledged): Number _ Date , 2 / �'•�'" Number Date Number Date Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of California Labor Code Section 1860, at seq.,the undersigned confirms the following as its certification: I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing, and including all Bid Schedulels), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept in full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). _'_, C ��Yl y'i ��_� Dated: �C €� — Bidder: �) / �- `• " .�` _ 1--C9" r (Si ature) [/ p Title: t`ll '�')�'�f;t.�!" ,') RUTH HARDY PARK—SIDEWALK IMPROVEMENTS CITY PROJECT NO.01-28 2/21/02 BID (PROPOSAL) BID FORMS- PAGEAGE2 2 BID SCHEDULE A RUTH HARDY PARK SIDEWALK IMPROVEMENTS CITY PROJECT NO. 01-28 Item Description Estimated Unit Unit Amount No. Quantity Price 1 Initial Mobilization LS $1,000.00 2• Construct PCC Sidewalk and Pads 3,700 SF $ S r��P '�' 3? TOTAL OF ALL ITEMS OF BID SCHEDULE A: $ (Price In figure.) ��a' P� `� Vl�-('r `v'�-'w��^�'S'��� � C E�•i! � �a-.:nitr�f�,�r � I/V�� �1 �� [�I ,_'PIT" ��\/�`�.. ADDITIVE BID SCHEDULE B RUTH HARDY PARK SIDEWALK IMPROVEMENTS CITY PROJECT NO. 01-28 Item Description Estimated Unit Unit Amount No. Quantity Price 1• Provide and Install Picnic Table 2 EA $ $ 2• Provide and Install Grill 2 EA $ -� "_ $ 7�1e TOTAL \OF ALL ITEMS OF ADDITIVE BID SCHEDULE B: ,u p r (Price in figures) 'c-t',A c N�a -7 e (Price In word.) Name of Bdder or Firm RUTH HARDY PARK-SIDEWALK IMPROVEMENTS CITY PROJECT N0, 01-28 2/21/02 UNIT PRICE BID SCHEDULE BID FORMS-PAGE 3 ADDITIVE BID SCHEDULE C RUTH HARDY PARK SIDEWALK IMPROVEMENTS CITY PROJECT NO. 01-28 r i I Item Dmcripttan Estimated Unit Unit Amount No. Quantity Price 1• Construct PCC Sidewalk 270 SF 1 $q- `� $ c . :`S 2• Construct Type "B" Access Ramp 1 EA $ �- $ Cl TOTAL OF ALL ITEMS OF ADDITIVE BID SCHEDULE C: $ (Price in flpuresl ,�.g ,� ai. vC��`2 ^vti 1 CS n 0 �g r)f'vil (Price In wordal � C' � t" r-7 `f'� ADDITIVE BID SCHEDULE D RUTH HARDY PARK SIDEWALK IMPROVEMENTS CITY PROJECT NO. 01-28 Item Description Estimated Unit Unit Amount No. Quantity Price 1• Construct PCC Sidewalk 1,150 SF $ P• `, $ c� ? .'� l TOTAL OF ALL ITEMS OF ADDITIVE BID SCHEDULE D: (Price in figures) IN.in words/ TOTAL OF ALL ITEMS OF BID SCHEDULE A, ADDITIVE BID SCHEDULE B, ADDITIVE BID SCHEDULE C AND ADDITIVE BID SCHEDULE D COMBINED: (Price in figuna) pp q (� ,y e i&. �tL � '�) f .1`4'" '�\'d`rt'1 " (�n..Jt�El '^ 4� 4 j [',�Oil f7S' k iAJW r6'9 R.t�" CA ^4 _ l3 ` I�Ice in wordal QUANTITIES OF WORK: The quantities of work or material stated in the unit price items of the Bid Schedule are supplied only to give an indication of the general scope of the Work. The City does not expressly nor by implication agree that the actual amounts of work or material will correspond therewith, and reserves the right after award to increase or decrease the quantity of any unit price bid item, by an amount up to 25 percent of increase or decrease, without a change in the unit prices, and shall have the right to delete any bid item In its entirety, and receive full credit in the amount shown in the Bid Schedule for the deleted item of Work. Name Idder or Firm RUTH HARDY PARK—SIDEWALK IMPROVEMENTS C TY PROJECT NO.01.28 ?121102 UNIT PRICE BID SCHEDULE BID FORMS-PAGE 4 • s INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100, et seq., of the Public Contract Code, the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work which will be done by such subcontractor. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. Contractor's Percent License of Total Work to be Performed �Number Contract Subcontractor's Name & Address 1. C) 2. 3. 4. 5. 6. 7. 8. RUTH HARDY PARK-SIDEWALK IMPROVEMENTS C TY PROJECT NO.01-28 2121102 LIST OF SUBCONTRACTORS BID FORMS-PAGE 5 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the City of Palm Springs PUBLIC WORKS AND ENGINEERING DEPARTMENT In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof,or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non-collusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. J77 p, y RUTH HARDY PARK-SIDEWALK IMPROVEMENTS CITY PROJECT NO. 01-28 2/21/02 NON-COLLUSION AFFIDAVIT BID FORMS - PAGE 6 l? State of California ` ss. C� County of Riverside On 03/15/02,before me, Ramon Carlos Diaz(Notary Public), personally appeared Enrique G. Contreras LS O'personally known to me ❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are RAMON CARLOS DIAZ subscribed to the within instrument and QMIRI*d*n01246= � acknowledged to me that he/she/they 1�-Cdd1� f executed the same in his/her/their Oaf authorized capacity(ies), and that by his/her/their signature(s)on the instrument �r 1 the person(s), or the entity upon behalf of �— which the person(s) acted, executed the L instrument. WITNESS my hand and official seal. ' L -, L � OPTIONAL Though the mfarntatton beimv is not requnred by daiv, it nary prove valuable to persons relying on the Lq� document and could prevent fraududent removal and reattachment of this form to another document [raj CYO bb L� Description of Attached Document � �. Title or Type of Document: Non-Collusion Affidavit L Document Date: 03/15/02 Number of pages: 1 C Signer(s)Other Than Named Above: (� Capacity(ies)Claimed by Signer Signer's Name: g ❑Individual ❑Corporate Officer-Title(s): pppL� ❑Partner-01uniled[I General C� ❑Attorney in Fact Zia ❑Trustee ❑Guardian or Conservator ❑Other: Signer is Representing: Contreras Construction Co. i PC included in Performance Bo BID BOND KNOW ALL MEN BY THESE PRESENTS, That Contreras Construction as Principal, And Developers Surety and Indemnity Company as Surety, are held and firmly bound unto the City of Palm Springs, hereinafter called the "City" in the sum of: 10% of bid (not less than 10 percent of the total amount of the bid) dollars for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a Bid to said City to perform the Work required under the Bid Schedule(s) of the City's Contract Documents entitled: RUTH HARDY PARK SIDEWALK IMPROVEMENTS CITY PROJECT NO. 01-28 NOW THEREFORE, if said Principal is awarded a Contract by said City, and within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a written Agreement on the Form of Agreement bound with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this Bond by said City, and City prevails, said Surety shall pay all costs incurred by said City in such suit, including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED, this 8th day of March 2002. PRINCIPAL: SURETY: Contreras Construction (Check one: _individual, partnership, Developers Surety and Indemnity Company _corporation) BY � By �—�-, lane M, Nielsen signaturu Title Attorney —in— Pact (NOTARIZED) ,— Print Name and Title: (SEAL AND NOTARIAL ACKNOWLEDGMENT j r it) OF SURETY By signature (NOTARIZED) Print Name and Title: (Corporations require two signatures;one Irom each of the following groups:A.Chairman of Board,President,or any Vice President;AND B. Secretary, Assistant Secretary, Treasurer,Assistant Treasurer, or Chief Financial officer). RUTH HARDY PARK—SIDEWALK IMPROVEMENTS CITY PROJECT NO. 01-28 2/21/02 BID BOND (BID SECURITY FORM) BID FORMS - PAGE 7 State of California � ss. �' County of Riverside L On 03/15/02,before me, Ramon Carlos Diaz(Notary Public), L� Spersonally appeared Enrique G. Contreras � L E personally known to me ❑proved to me on the basis of satisfactory L evidence �j L to be the person(s) whose name(s) is/are - subscribed to the within instrument and RAMON CARLOS DIAZ acknowledged to me that he/she/They COIIr1 MM01Z"M executed the same in his/her/their -Cam authorized capacity(ies), and that by emwo C=* his/her/their signature(s)on the instrument MVCWM80= the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. p L _✓d f OPTIONAL 4' Though the information below Isis not required by law, it may prove valuable to persons relying on the C�.q7 document and could prevent fraudulent removal and reattachment of this forni to another document. Description of Attached Document Q Title or Type of Document: Bid Bond Document Date: 03/15/02 Number of pages: 1 Signer(s)Other Than Named Above: L Capacity(ies)Claimed by Signer Signer's Name: ❑Individual ❑Corporate Officer-Title(s): ❑Partner-0 limited❑General ¢� ❑Attorney in Fact L ❑Trustee 'r_ Q� ❑Guardian or Conservator ❑Other: L Signer is Representing: Contreras Construction Co. y w?`iFticat� !.. STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ON '-U , BEFORE ME, LUIS GARCIA, Notary Public PERSONALLY APPEARED: DIANE M. NIELSEN Capacity Claimed By Signer(s): ( ) Individual(s) ( ) Corporate_ O Partner(s) (X) Attorney In Fact ( ) Trustee(s) ( ) Guardian/Conservator ( ) Other: 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& acknowledged to me that be/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signatures (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. LUIS C-ARCU WITNESS my hand and official seal. Communion#t3tot®s Notary Public-Caliromia Riverside County MY Comm.Expires Jul 20,2005 Signature: Luis Garc' , Notary ALL PURPOSE ACKNOWLEDGMENT POWER OFATTORNI:Y FOR DEVELOPERS SURETY AND IINDENLNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BON 19725,IRVINE,CA 92623 •(9,19)263-3300 KNOB ALL MIEN BY IHESE PRESEN IS. that except as eylressly limited, DEVELOPERS SURETY"AND T) COMP,ANY and INDL'rlA Il` CO,bIPAV1 OF CALIFORNI A,do zach severally,ban noi)otudy,hereby make-Canstnutc and appoint "'PAUL W LEWIS, ANN WILLARD, DIANE M. NIELSEN, VAN G. TANNER, MATT COSTELLO, JEANETTE MCCULLOCH, LINDA N. WELD, EDWARD J. TALEN, JOINTLY OR SEVERALLY.._ as the Ire and lawful ARomcy(s)-in-fact to mai.c, execute,dch.cr and acknowledge, [or and pn bchalFof said corporations as sureucs,bonds, undonalfin_s and Lonvacn of surcly�lnp gry mg and gtantmq time said Anamn u)-m-Pail Cull power and authority to do and to oolong exev act neccssar✓, requisite of proper to oc dune ur connection Iherewuh as cacti oCsatd Corpuranons mould do, bat m,crvmg to each of and corporations Cull power of subsmutme and revocation, and ail of the acts cf said Altomcy(s)-m-Fact pur5ua't10 these presents,are hcecoy rauticd and coniimrad Fills Power of Auontey is granted and is si•ncd by lacsumle under and by authority of the following resolutions adopted by the respective Buard of Directors of DEVELOPERS SURETY AND INDENINI FY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effcetn c as of November I,2000 RESOLVED,that the Chairman of the Board, the President and any Bice President of the corporation be,and that each of sham hereby is,authorized to ascetic Pourers of Attorney,qualdving the anomey(s)named in the Powers of Auomev to execute on behall'of the corporations,bonds,undenakines and comrade oI suretyShm,and that the Secrelary litany Assistant Secretary ofthe corporations be,and each ofthcm hereby is,authorized to attest the exccutmn of anv such Power of Attorney, RESOLVED, FURFHER that the srcnalures of such ofhc'ca may be allixed to any such Power of Attorl or to any centfmcau relating thereto by iacemlde,and any such 1'L cr ul Allorncy or ceruheate bearing such le¢imdc signattacs shall be valid and bmdtng upon the corporation when so aflizcd and in the fimuc uah rnpeci m any bond. undertukmg or contract.1 sumtvsblp to:vhtch it is attached IN WITNESS WHEREOF, DEC ELOPERS SURETY AND INDENINITI' COMPANY and INDEMNITY COMPANY OF CALIFORNIA hate scvcrally caused these presents to be signed by their respective Executive Vice President and attested by then respective Secretary this 8'o day of November,2000 By David H Rhodes,Executive Vice President �J4�jY.F00/'VOA,'-., AGO, PANlOx'c r�i : �' SEAL '-<' acts o 3a n? mop 196; a g,r 30 : 1936 roe z a -- `"- :'a C' �P YValterA Crowell, Secretary =7�'.,, yOWP +.a 'QL/FGPN STATE OF CALIFORNIA ) ISS COUNTY OF ORANGE ) On Not cnmbcr R.2000,before me, Diane 1 Kawala pernolr lF, appeared David H Rhodes and Walter,A Crowell personally known to are(or proved to tire on the basis of saosfacluty evidence) to be the persom whose names are subscnocd la the wrhin instrument and acknowledged to me that they executed the same in their authorized capacities,and that by tlmir sntnaRires on the msinanent the entry upon behalf of which ilia persons acted,exer.umd the instrument w ITNESS try hand and oiiictal seal DIANE J.K WATA ,IC COMM #116926 L ,AQr--t �� •L'-\T"= � IYJU'RY PUBLIC-CALIFORIU Signature �L--- N ORANGE COUNTY "J I My Correct.6a Jan.A,ZoC2 CER"f I FI CATE fhc undersigned as Chicl Oucranna Officer of DE\ELOPERS SURETY -AND INDENINITY CONIMNA and 1%DEVI`,II'V ( ONIPvN 01 CAL If OR,\,IA, does hereby cent y That the Ioregumg Power of At(Dmcy icm,i r,in lull JOrLC and has nor been rnol.cd, acid IUnhConOr6 that the prom awns tit 1110 ic,ul tit tons of the respecII"v Boards of Ditwoo,of said c01­110oeo)rs act forth m diu Po',ci ul Arinmcy,arc in tClLL as of the dmc of Ibis CCroucatc This CcndEcalc is cvcntlCd in the City at In mC,Cnitlomia the 8 Lh dat of Narch 7002 Daval Ci Lanc,Chicl Operann T Oil tear BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRALTO-'S Name and Street Address: v;57ti'�L`rC�`�TR S 1 �r��\� ' r4ly? 6,G (?,4-c- �'.�' oa, 2. CONTRACTOR'S Telephone Number:) Facsimile Number. 3. CONTRACTOR'S License: Primary Classification State License Number(s) Supplemental License Classifications — 4. Surety Company and Agent who will provide the required Bonds on this Contract::L Name of Surety 01U 0 L )p O IL.C1_ SIL vte C:.a; n J_not Address Pi o b q —I4 - P Company Telephone Numbers: Agent ( cam) Surety (,'III q) ,LXa� 3 ) 5. Type of Firm (Individual, Partnership or Corporation): -iC a f ��'or J 6. Corporation organized under the laws of the State of: � f�; 7. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm: INN' e,�-Cu� 14 l , U_"> DIC,n a —,,1- RUTH HARDY PARK-SIDEWALK IMPROVEMENTS CITY PROJECT NO. 01-28 2/21102 BIDDER'S GENERAL INFORMATION BID FORMS- PAGE 8 i BIDDER'S GENERAL INFORMATION (Continued) S. Number of years experience as a contractor in this specific type of construction work: 9. List at least three related projects completed to date: a. Owners''. "9 b CC ( ('� o jC Address Ia'TI N Contact.-"i Class of Work. K°l: a-,-Uyz 5 2 /� ry Phone �G9`�1'" Contract Amount Project # ry'&)�f� � h•ssi 'C�� Date Completed Contact Person Telephone number b. Owne� L) 1 T✓�E�I�� II le ddress Contact ' ,✓ Class of Work Phone Contract Amount 6s Project _ Date Completed Si) Contact Person Telephone number C. Ownek Address Contact , C ��9<;C•� c. E `9• � Class of Work _�('L7 v Phone Contract Amount f / ,16 {+ Project W cau i, r4 Date Completed Contact Person✓t - er Telephone number 10. List the name and title of the person who will supervise,full-time therpCoposed work for your 1 firm: �/)r//� 11. Is full-time supervisor an employee contract services 12. A recent financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. RUTH HARDY PARK-SIDEWALK IMPROVEMENTS CITY PROJECT NO.01-28 2121/02 BIDDER'S GENERAL INFORMATION BID FORMS - PAGE 9 CERTIFICATE OF BIDDER REGARDING AFFIRMATIVE ACTION PROGRAM The Bidder hereby certifies that he or she is in compliance with the Civil Rights Act of 1964, Executive Order No. 11246, The California Fair Employment Practices Act, and all other applicable Federal and State laws and regulations relating to equal opportunity employment. Bidder's Name: ��� '�nw's Yl_y'' ��r�l �L Address Name and Title of Signer: <1 �7 1� J� �i Signature and Date The above certification of the Bidder regarding its affirmative action program shall be tilled out completely, signed, and submitted by each Bidder, and shall be a part of the Contract Documents. RUT HARDY PARK-SIDEWALK IMPROVEMENTS CITY PROJECT NO.01-28 2121102 AFFIRMATIVE ACTION PROGRAM CERTIFICATE BID FORMS - PAGE 10 OF PALAl so City of Palm Springs �� Department of Public Works \. 'ro �'' ` + - Engineering Division �C �P 3200 Tahquirz Canyon Way • Palm Springs, California 92262 TEL: (760) 323-8253 • FAX(760) 322-8360 • TDD(760)864-9527 CITY OF PALM SPRINGS Public Works and Engineering Department P.O. Box 2743 Palm Springs, CA 92263 ADDENDUM NO. 1 To all prospective bidders under Specifications for the Ruth Hardy Park Sidewalk Improvements, City Project No. 01-28, which are to be received by the City of Palm Springs in the Department of Procurement and Contracting at 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262, until 3:00 P.M. on Tuesday, March 19, 2002: I. The following change shall be made in Part III - Appendix: Delete the Federal Prevailing Wage Rates, General Decision CA010036, published December 28, 2001 ; and replace with Federal Prevailing Wage Rates, General Decision CA020036, dated March 1 , 2002. II. The Special Provisions as originally issued shall be used in submitting bids, and an acknowledgment of receipt of this Addendum No. 1 shall be entered on Page 2 of the Bid forms. Failure to provide such acknowledgment shall render the bid as non-responsive and subject to rejection. BY ORDER OF THE CITY OF PALM SPRINGS Date: March 8, 2002 City of Palm Springs, California e/ Z71 By l� i''A✓( ; Marcus L. Fuller, PE Acting Director of Public Works/City Engineer (/ f Civil Engineer C 57271 Post Office Box 2743 Palm Springs, California 92263-2743 GENERAL DECISION CA0206 03/01/02 CA36 General Decision Number CA020036 Superseded General Decision No. CA010036 State: California Construction Type: BUILDING DREDGING HEAVY HIGHWAY County(ies) : RIVERSIDE BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work) ; HEAVY CONSTRUCTION PROJECTS (does not include water well drilling) ; HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 03/01/2002 CITY OF PALM SPRINGS NOTICE INVITING BIDS RUTH HARDY PARK SIDEWALK IMPROVEMENTS - CITY PROJECT NO. 01-28 N-1 NOTICE IS HEREBY GIVEN that sealed bids for the Ruth Hardy Park Sidewalk Improvements will be received at the office of the Director of Procurement and Contracting of the City of Palm Springs, California, until 3 : 00 P.M. on March 19, 2002, at which time they will be opened and read aloud. N-2 DESCRIPTION OF THE WORK: The Work comprises the construction of concrete sidewalk and concrete pads, providing and installing picnic tables and grills, and all appurtenant work at Ruth Hardy Park located at 700 East Tamarisk Road. N-3 AWARD OF CONTRACT: (a) The City reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a bid, or to make award to the lowest responsive, responsible bidder on the basis of the total sum of Bid Schedule A, Additive Bid Schedule B, Additive Bid Schedule C, and Additive Bid Schedule D, and reject all other bids, as it may best serve the interest of the City. Bidders shall bid on all Bid Schedules . (b) As a condition of award, the successful bidder will be required to submit payment and performance bonds and insurance . N-4 BID SECURITY: Each bid shall be accompanied by a certified or cashier' s check or Bid Bond in the amount of 10 percent of the total sum of Bid Schedule A, Additive Bid Schedule B, Additive Bid Schedule C, and Additive Bid Schedule D payable to the City of Palm Springs . N-5 BIDS TO REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a period of 60 calendar days from the date of bid opening. N-6 CONTRACTOR' S LICENSE CLASSIFICATION: The Contractor shall possess a valid Class A or C-8 Contractor license at the time of award. N-7 CALIFORNIA WAGE RATE REQUIREMENTS: The Contractor shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed. A copy of said wage rates is on file at the office of the City Engineer. The Contractor and any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates at the project site. RUTH HARDY PARK-SIDEWALK IMPROVEMENTS NOTICE INVITING BIDS CITY PROJECT NO.01-28 2/21/02 PAGE 1 N-8 FEDERAL 'WAGE RA ES: The general prevailing rate of wages by the Secretary of Labor are included in the Contract. If there is any difference between the State or Federal wages rates, the Contractor must pay the higher of th,e 2 rates . N-9 RETAINAGE, FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code. N-10 FEDERAL NON-DISCRIMINATION PROVISION: Bidders shall comply with the President ' s Executive Order No. 11246. N-11 FEDERAL INTEREST EXCLUSION: Any contract or contracts awarded under this Notice Inviting Bids are expected to be funded in part by a grant from the United States Government . Neither the United States nor any of its departments, agencies, or employees is or will be a party to this Notice Inviting Bids or any resulting Agreement . This procurement will be subject to regulations contained in 40 CFR Part, 33 and 35 . N-12 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: (a) Contract Documents may be inspected without charge at the Office of the City Engineer, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262 . (b) Complete sets of said Contract Documents may be purchased at $25 . 00 per set and are obtainable from the office of the City Engineer, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262 . No refund will be made of any charges for sets of Contract Documents . (c) An additional fee of $20 . 00, will be charged for sets of documents sent by mail. N-13 ADDRESS AND MARKING OF BIDS: The envelope enclosing the Bid shall be sealed and addressed to the City of Palm Springs, and shall be delivered or mailed to the Director of Procurement and Contracting at 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262 .. The envelope shall be plainly marked in the upper left hand corner with the name and address of, the Bidder and shall bear the words "Bid For. . " followed by the title of the Project and the date and hour of opening Bids . The certified or cashier' s check or Bid Bond shall be enclosed in the same envelope with the Bid. BY ORDER OF THE CITY OF PALM SPRINGS i- By— �� Date d b David J. Barakian, PE Director of Public Works/City Engineer RUTH HARDY PARK-SIDEWALK IMPROVEMENTS NOTICE INVITING BIDS CITY PROJECT NO.01-2B PAGE 2 2/21/02 CITY PROJECT NO . 01 -28 The Special Provisions contained herein have been prepared by, or under the direct supervision of, the following Registered Civil Engineer: Q?'pFESS10 �Q��oPGE F. c7 m * No.C-62254 Exp: 3 0Q� sr C1 1V1- George F. Farago, P.E. �TEOF CAUF��� Engineering Assistant Civil Engineer C 62254 Approved by: David J. Barakian, P.E. Director of Public Works/City Engineer Civil Engineer C 28931 RUTH HARDY PARK-SIDEWALK IMPROVEMENTS CITY PROJECT NO.01-28 2/21/02 SIGNATURE PAGE NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND SPECIAL PROVISIONS TABLE OF CONTENTS PART I -- BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS Notice Inviting Bids Instructions to Bidders Bid Forms Bid (Proposal) Bid Schedule List of Subcontractors Non-collusion Affidavit Bid Bond (Bid Security Form) Bidder' s General Information Affirmative Action Program Certificate Agreement and Bonds Agreement Form Worker' s Compensation Certificate Performance Bond Payment Bond Certificate of Insurance PART II -- SPECIAL PROVISIONS Section 1 - Terms, Definitions, Abbreviations, and Symbols Section 2 - Scope and Control of Work Section 3 - Changes in Work Section 4 - Control of Materials Section 5 - Utilities Section 6 - Prosecution, Progress, and Acceptance of the Work Section 7 - Responsibilities of the Contractor Section 8 - Facilities for Agency Personnel Section 9 - Measurement and Payment Section 10 - Construction Details RUTH HARDY PARK-SIDEWALK IMPROVEMENTS CITY PROJECT NO. 01-28 2/21/02 SPECIAL PROVISIONS GENERAL CONTENTS- PAGE 1 PART III - APPENDICES APPENDIX "A" - CDBG Project Sign - Dust Control Sign - C. P. S . Standard Drawing No. 210 - C. P. S . Standard Drawing No. 212-A - C. P. S . Standard Drawing No. 213 - One Piece Concrete Picnic Table - Federal Supplement I - Federal Prevailing Wages RUTH HARDY PARK-SIDEWALK IMPROVEMENTS CITY PROJECT NO.01-2E 2/21/02 � SPECIAL PROVISIONS GENERAL CONTENTS - PAGE 2 • • CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING DEPARTMENT PART I - BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS RUTH HARDY PARK SIDEWALK IMPROVEMENTS CITY PROJECT NO. 01-28 Notice Inviting Bids Instructions to Bidders Bid Forms Bid (Proposal) Bid Schedule List of Subcontractors Non-Collusion Affidavit Bid Bond (Bid Security Form) Bidder' s General Information Affirmative Action Program Certificate Agreement and Bonds Agreement Form Worker' s Compensation Certificate Performance Bond Payment Bond Certificate of Insurance RUTH HARDY PARK-SIDEWALK IMPROVEMENTS CITY PROJECT NO.01-28 2/21/02 PART 1 CONTENTS PAGE 1 CITY OF PALM SPRINGS INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS - Terms used in these Instructions to Bidders and the Notice Inviting Bids and not defined herein shall have the meanings assigned to them in the General and Special Provisions. The term "Bidder" shall mean one who submits a Bid directly to the City, as distinct from a sub-bidder, who submits a Bid to a Bidder. The term "Engineer" shall be as defined in the Special Provisions. 2. COMPETENCY OF BIDDERS - In selecting the lowest responsive, responsible Bidder, consideration will be given not only to the financial standing of the Bidder, but also to the general competency of the Bidder for the performance of the Work covered by the Bid. To this end, each Bid shall be supported by a statement of the Bidder's experience as of recent date on the form entitled "Bidder's General Information," bound herein. Except as otherwise provided under Public Contract Code §20103.5, no Bid for the Work will be accepted from a contractor who does not hold a valid contractor's license in the State of California for the classifications named in the Notice Inviting Bids at the time of award. 3. DISQUALIFICATION OF BIDDERS - More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. If the City believes that any Bidder is interested-in more than one Bid for the Work contemplated, all Bids in which such Bidder is interested will be rejected. If the City believes that collusion exists among the Bidders, all Bids will be rejected. 4. BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND THE SITE - (a) It is the responsibility of each Bidder before submitting a Bid to examine the Contract Documents thoroughly; visit the site to become familiar with local conditions that may affect cost, progress, or performance of the Work; consider federal, state, and local laws and regulations that may affect cost, progress, or performance of the Work; study and carefully correlate the Bidder's observations with the Contract Documents; and notify the Engineer of all conflicts, errors, or discrepancies noted in the Contract Documents. (b) Reference is made to the Special Provisions for identification of those reports of explorations and tests of subsurface conditions at the site which may have been utilized by the Engineer in the preparation of the Contract Documents. However, such reports are NOT a part of the Contract Documents. The interpretation of such technical data, including any interpolation or extrapolation thereof, together with non-technical data, interpretations, and opinions contained therein or the completeness thereof is the responsibility of the Bidder. (c) Copies of such reports and drawings will be made available for inspection by the City to any Bidder upon request. Those reports and drawings are NOT part of the Contract Documents, but any technical data contained therein upon which the Bidder is entitled to rely is limited to that set forth in the Special Provisions. (d) Subject to the provisions of Section 4215 of the California Government Code, information and data reflected in the Contract Documents with respect to underground utilities at or contiguous to the site is based upon information and data furnished to the City and the Engineer by the owners of such underground utilities or others, and the City does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Special Provisions. (e) Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground utilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in the Standard Specifications and Special Provisions. (f) Before submitting a Bid, each Bidder must, at Bidder's own expense, make or obtain any additional examinations and investigations which pertain to the physical conditions (surface, subsurface, and underground utilities) at or contiguous to the site or otherwise which may affect cost, progress, or performance of the Work and which the Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents. (g) Where feasible, upon request in advance, the City will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submittal of a Bid. The Bidder shall fill all exploration and test holes made by the Bidder and shall repair damage, clean up, and restore the site to its former condition upon completion of such exploration. (h) The lands upon which the Work is to be performed, the rights-of-way and easements for access RUTH HARDY PARK-SIDEWALK IMPROVEMENTS CITY PROJECT NO. 01-28 2121/02 INSTRUCTIONS TO BIDDERS- PAGE 1 thereto, and other lands designator use by the Contractor in performing the Al are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Contractor. Easement for permanent structures or permanent changes in existing structures will be obtained and paid for by the City unless otherwise provided in the Contract Documents. (i) The submittal of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article; that without exception the Bid is premised upon performing the Work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents; and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all the terms and conditions for performance of the Work. 5. INTERPRETATIONS - All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be resolved by the issuance of Addenda mailed or delivered to all parties recorded by the Engineer or the City as having received the Contract Documents. Questions received less than 5 days prior to the date of opening Bids may not be answered. Only questions that have been resolved by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. 6. BID SECURITY, BONDS, AND INSURANCE - Each Bid shall be accompanied by a certified or cashier's check or approved Bid Bond in the amount stated in the Notice Inviting Bids. Said check or bond shall be made payable to the City and shall be given as a guarantee that the Bidder, if awarded the Work, will enter into an Agreement with the City and will furnish the necessary insurance certificates, Payment Bond, and Performance Bond. Each of said bonds and insurance certificates shall be in the amounts stated in the Standard Specifications or Special Provisions. In case of refusal or failure of the successful Bidder to enter into said Agreement, the check or Bid Bond, as the case may be, shall be forfeited to the City. If the Bidder elects to furnish a Bid Bond as its security, the Bidder shall use the Bid Bond form bound herein, or one conforming substantially to it in form. 7. RETURN OF BID SECURITY - Within 14 days after award of the Contract, the City will return all bid securities accompanying such of the Bids that are not considered in making the award. All other Bid securities will be held until the Agreement has been finally executed. They will then be returned to the respective Bidders whose Bids they accompany. 8. BID FORM -The Bid shall be made on the Bid Schedule sheets bound herein. Unless otherwise provided in the Notice Inviting Bids, in the event there is more than one Bid Schedule, the Bidder may Bid on any individual schedule or on any combination of schedules. All bid items shall be properly filled out. Where so indicated in the Bid Docurents, Bid price shall be shown in words and figures, and in the event of any conflict between the words and figures, the words shall govern. The envelope enclosing the sealed bids shall be plainly marked in the upper left-hand corner with the name and address of the Bidder and shall bear the words "BID FOR," followed by the title of the Contract Documents for the Work, the name of the "CITY OF PALM SPRINGS," the address where the bids are to be delivered or mailed to, and the date and hour of;opening of bids. The Bid Security shall be enclosed in the same envelope with the Bid. 9. SUBMITTAL OF BIDS - The Bids shall be delivered by the time and to the place stipulated in the Notice Inviting Bids. It is the Bidder's sole responsibility to see that its Bid is received in proper time. Bids will not be accepted after the appointed time for opening of bids, no matter what the reason. 10. DISCREPANCIES IN BIDS - In the event that there is more than one Bid Item in the Bid Schedule, the Bidder shall furnish a price for all Bid Items in the schedule, and failure to do so will render the Bid as non-responsive and may cause its rejection. In the event that there are unit price Bid Items in a Bid Schedule and the "amount" indicated for a unit price Bid Item does not equal the product of the unit price and quantity listed, the unit price shall govern and the amount will be corrected ,accordingly, and the Contractor shall be bound by such correction, subject to the provisions of Section 5100 et seq. of the California Public Contract Code. In the event that there is more than one Bid Item in a Bid Schedule and the total indicated for the schedule does not agree with the sum of prices Bid on the individual items, the prices bid on the individual items shall govern and the total for the schedule will be corrected accordingly, and the Contractor shall be bound by said correction, subject to the provisions of Section 5100 at seq. of the California Public Contract Code. 11. QUANTITIES OF WORK - (a) The quantities of work or material stated in unit 'price items of the Bid are supplied only to give an indication of the general scope of the Work; the City does not expressly or by implication agree that the actual amount of work or material will correspond therewith. RUTH HARDY PARK-SIDEWALK IMPROVEMENTS CITY PROJECT NO.01-28 2121/02 INSTRUCTIONS TO BIDDERS-PAGE 2 0 0 (b) In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit prices established for such work under the Contract Documents; provided, that on unit price contracts, increases of more than 25 percent, decreases of more than 25 percent, and eliminated items shall be adjusted as provided in Section 3 of the Standard Specifications and Special Provisions. 12. WITHDRAWAL OF BID - The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or it's properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids prior to the scheduled closing time for receipt of Bids. 13, MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS - Unauthorized conditions, limitations, or provisos attached to the Bid will render it informal and may cause its rejection as being non-responsive. The completed Bid forms shall be without interlineation, alterations, or erasures. Alternative Bids will not be considered unless expressly called for in the Notice Inviting Bids. Oral, FAX, telegraphic, or telephone Bids or modifications will not be considered, 14. LIQUIDATED DAMAGES - Provisions for liquidated damages, if any, shall be as set forth in the Agreement and the provisions of the Special Provisions. 15. SUBSTITUTE OR "OR-EQUAL" ITEMS - The procedure for submittal of any application for a substitute or "or-equal" item by the Contractor and consideration by the Engineer is set forth in Section 6 of the Standard Specifications and Special Provisions. 16. AWARD OF CONTRACT - Award of Contract, if it is awarded, will be based primarily on the lowest overall cost to the City, and will be made to a responsive, responsible Bidder whose Bid complies with all the requirements prescribed. Unless otherwise specified, any such award will be made within the period stated in the Notice Inviting Bids that the Bids are to remain open, unless extended by mutual agreement of the bidders. Unless otherwise indicated, a single award will not be made for less than all the Bid Items of an individual Bid Schedule. In the event the Work is contained in more than one Bid Schedule, the City may award schedules individually or in combination. In the case of 2 or more Bid Schedules which are alternative to each other, only one of such alternative schedules will be awarded. 17. EXECUTION OF AGREEMENT - The Bidder to whom award is made shall execute a written Agreement with the City on the form of agreement provided, shall secure all insurance, and shall furnish all certificates and bonds required by the Contract Documents within 15 calendar days after receipt of the Agreement forms from the City. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award and forfeiture of the Bid Security. If the lowest responsive, responsible bidder refuses or fails to execute the Agreement, the City may award the Contract to the second lowest responsive, responsible Bidder. If the second lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the City may award the Contract to the third lowest responsive, responsible Bidder. On the failure or refusal of such second or third lowest Bidder to execute the Agreement, each such bidder's Bid Securities shall be likewise forfeited to the City. 16. WORKER'S COMPENSATION REQUIREMENT - The Bidder should be aware that in accordance with laws of the State of California, the Bidder will, if awarded the Contract, be required to secure the payment of compensation to its employees and execute the Worker's Compensation Certification. - END OF INSTRUCTIONS TO BIDDERS - RUTH HARDY PARK-SIDEWALK IMPROVEMENTS CITY PROJECT NO 01-28 2/21102 INSTRUCTIONS TO BIDDERS- PAGE 3 CITY OF PALM SPRINGS PUBLIC WORKS AND 'ENGINEERING DEPARTMENT PART II -- SPECIAL PROVISIONS RUTH HARDY PARK SIDEWALK IMPROVEMENTS CITY PROJECT NO. 01-28 Section 1 - Terms, Definitions, Abbreviations, and Symbols Section 2 - Scope and Control of Work Section 3 - Changes in Work Section 4 - Control of Materials Section 5 - Utilities Section 6 - Prosecution, Progress, and Acceptance of the Work Section 7 - Responsibilities of the Contractor Section 8 - Facilities for Agency Personnel Section 9 - Measurement and Payment Section 10 - Construction Details RUTH HARDY PARK-SIDEWALK IMPROVEMENTS PART II -- SPECIAL PROVISIONS CITY PROJECT NO 01-28 GENERAL CONTENTS - PAGE 1 2/21/02 CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING DEPARTMENT SPECIAL PROVISIONS RUTH HARDY PARK SIDEWALK IMPROVEMENTS CITY PROJECT NO. 01-28 SECTION 1 -- TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 GENERAL 1-1 . 1 Standard Specifications. - The Work hereunder shall be done in accordance with the Standard Specifications for Public Works Construction ("Greenbook") , 2000 Edition, including all current supplements, addenda, and revisions thereof, these Special Provisions, and the Standard Plans identified in the Appendix, insofar as the same may apply to, and be in accordance with, the following Special Provisions. In case of conflict between the Standard Specifications for Public Works Construction ("Greenbook") and these Special Provisions, the Special Provisions shall take precedence over, and be used in lieu of, such conflicting portions . 1-2 LEGAL ADDRESS 1-2 . 1 Legal Address of the City. - The official address of the City shall be City of Palm Springs, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, or such other address as the City may subsequently designate in written notice to the Contractor. 1-2 .2 Legal Address of the Engineer. - The official address of the Engineer shall be David J. Barakian, P.E. , Director of Public Works/City Engineer, City of Palm Springs, Engineering Department, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, or such other address as the Engineer may subsequently designate in writing to the Contractor. RUTH HARDY PARK-SIDEWALK IMPROVEMENTS TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS CITY PROJECT NO.01-28 SPECIAL PROVISIONS-SECTION 1 - PAGE 1 2/21/02 1-2 . 3 Legal address of the City' s Project Representative. - The name and address of the City' s designated Project Representative shall be the Engineering Field Supervisor, City of Palm Springs, Public Works and Engineering Department, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, , or such other address as the Project Representative may subsequently designate in writing to the Contractor. 1-3 DEFINITIONS AND TERMS 1-3. 1 Definitions and Terms . - Wherever in the Standard Specifications the following terms are used, the definitions shall be amended to read: Agency - The City of Palm Springs, a charter city organized and existing in the County of Riverside, State of California. Engineer - The Director of Public Works/City Engineer of the City of Palm Springs, California. Liquidated Damages - The amount prescribed in the Special Provisions, pursuant to the authority of Government Code Section 53069. 85, to be paid to the City or to be deducted from any payments due, or to become due, the Contractor for each day's delay in completing the whole or any specified portion of the Work beyond the time allowed in the Special Provisions. Standard Plans - The Standard Drawings and the Special Drawings of the City of Palm Springs. Owner - The Owner shall be the Agency, as defined above. - END OF SECTION - RUTH HARDY PARK-SIDEVVALK IMPROVEMENTS TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS CITY PROJECT NO.01-28 SPECIAL PROVISIONS-SECTION 1 - PAGE 2 2/21/02 SECTION 2 -- SCOPE AND CONTROL OF WORK 2-1 GENERAL Particular attention is directed to the provisions of Section 6- 1, "Construction Schedule and Commencement of Work, " Section 6- 7, "Time of Completion, " and Section 6-9, "Liquidated Damages" of the Standard Specifications. After the Contract has been approved by the City, and a written Notice to Proceed has been issued to the Contractor, the Contractor shall start the Work within 10 working days after the date specified in said Notice to Proceed. Said Work shall be diligently prosecuted to completion before the expiration of: 10 WORKING DAYS from the date specified in the Notice to Proceed from the City. As set forth in the Agreement, the Contractor shall pay to the City as liquidated damages the sum set forth in the Agreement per day for each and every calendar day' s delay in finishing the Work in excess of the number of working days prescribed above. 2-2 CONTRACT BONDS 2-2 .1 BONDING COMPANY WAIVER OF RIGHT OF NOTIFICATION The following shall be added at the end of Section 2-4 of the Standard Specifications : "The Contractor shall ensure that its Bonding Company is familiar with all of the terms and conditions of the Contract Documents, and shall obtain a written acknowledgement by the Bonding Company that said Bonding Company thereby waives the right of special notification of any changes or modifications of the Contract, or of extensions of time, or of decreased or increased Work, or of cancellation of the Contract, or of any other act or acts by the City or any of its authorized representatives." 2-2 .2 EXECUTION OF BONDS Bonds shall be executed by either: (a) two (2) or more sufficient personal sureties; (b) one sufficient admitted surety insurer; or (c) a combination of sufficient personal sureties and admitted surety insurers . If a corporate surety insurer is used, a County Clerk' s certificate evidencing that it is an admitted surety insurer shall be submitted with the bonds . If RUTH HARDY PARK-SIDEWALK IMPROVEMENTS SCOPE AND CONTROL OF WORK CITY PROJECT NO.01-28 SPECIAL PROVISIONS-SECTION 2- PAGE 1 2/21/02 a personal surety is used, all requirements set out in Code of Civil Procedure Section 995 . 510 shall be met to the satisfaction of the City Engineer. 2-3 PRECEDENCE OF CONTRACT DOCUMENTS The provisions of Section 2-5. 2 of the Standard Specifications shall be revised to read as follows : In resolving disputes resulting from conflicts, errors, or discrepancies in any of the Contract Documents, the document highest in precedence shall control. The order of precedence shall be as listed below: 1. Change Orders or Work Change Directives 2. Agreement 3. Addenda 4. Contractor's Bid (Bid Forms) 5. Special Provisions 6. Notice Inviting Bids 7. Instructions to Bidders 8. Plans (Contract Drawings) 9. Standard Plans 10. Standard Specifications 11. Reference Documents With reference to the Drawings, the order of precedence shall be as follows : 1. Figures govern over scaled dimensions 2. Detail drawings govern over` general drawings 3. Addenda or Change Order drawings govern over Contract Drawings 4. Contract Drawings govern over Standard Drawings 5. Contract Drawings govern over Shop Drawings 2-4 SUBSURFACE DATA Section 2-7 of the Standard Specifications shall be revised to read as follows : 112-7.1 Limited Reliance by Contractor. - Soils reports and other reports of subsurface conditions may be made available for Inspection by the Contractor. HOWEVER, SUCH REPORTS AND DRAWINGS ARE NOT CONTRACT DOCUMENTS. The Contractor may rely upon the general accuracy of the "technical data" contained in such reports and drawings only where such "technical data" are specifically identified in the Special Provisions. Except for such reliance on such "technical data, " the Contractor may not rely upon or make any claim against the City, the Engineer, nor any', of the Engineer's Consultants with respect to any of the following: 2-7.1.1. Completeness. - The', completeness of such reports and drawings for Contractor's purposes, lincluding, but not limited to, any aspects of the means, methods,! techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident therefo, or RUTH HARDY PARK-SIDEWALK IMPROVEMENTS SCOPE AND CONTROL OF WORK CITY PROJECT NO.01-28 SPECIAL PROVISIONS - SECTION 2 - PAGE 2 2/21/02 2-7.1.2. Other Information. - Any other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings, or 2-7.1.3. Interpretation. - Any interpretation by the Contractor of such "technical data," or any conclusion drawn from any "technical data" or any such data, interpretations, opinions or information." 2-5 TEMPORARY ACCESS OR CONSTRUCTION RIGHTS-OF-WAY Unless indicated otherwise, all temporary access or construction rights-of-way, other than those shown on the Plans, which the Contractor may find it requires during progress of the Work, shall be arranged by and paid for entirely by the Contractor, at its own expense. 2-6 PROTECTION OF SURVEY MONUMENTS It shall be the Contractor' s responsibility to protect all the existing survey monuments, bench marks, survey marks and stakes . Removal of such monuments, or displacement thereof, shall require their resetting per City requirements, including corner record filing, for the existing type of monument in question at the Contractor' s expense. Any existing monument shall not be disturbed. The Contractor' s surveyor shall maintain a survey location check on all existing monuments without cost to the City. The Contractor is advised that any resetting of monuments shall be the responsibility of the Contractor' s surveyor, without cost to the City. Should the Contractor anticipate disturbance of any survey monuments, it shall notify the Engineer prior to removal . The Contractor' s surveyor shall provide and record appropriate Corner Record documents with the Riverside County Surveyor, as required by law. 2-7 SURVEYING - It is the Contractor' s responsibility to provide all construction staking and field marking for job limits, saw-cut lines and removals; the Engineer reserves the right of final approval for all construction surveying provided in the field to determine that construction of improvements conform to approved plans. The Contractor shall provide all construction surveying as required by the Engineer or his representative. 2-8 AUTHORITY OF THE ENGINEER The Engineer will decide all conflicts which may arise as to (1) the quality or acceptability of the materials or equipment furnished, (2) the performance of the Work, (3) the manner of performance and rate of progress of the Work, (4) the RUTH HARDY PARK-SIDEWALK IMPROVEMENTS SCOPE AND CONTROL OF WORK CITY PROJECT NO.01-28 SPECIAL PROVISIONS-SECTION 2- PAGE 3 2/21/02 interpretation of the Plans, Specifications, and Special Provisions, (5) the acceptable fulfillment of the Contract on the part of the Contractor, and ( 6) compensation of the Contractor. The Engineer ' s decision p hall be final, and he shall have the authority to enforce and make effective such decisions and orders which the Contractor may fail to carry out promptly. 2-9 INSPECTION The Engineer shall have complete and safe access to the Work at all times during construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the Specifications, the Special Provisions, and the Plans . All labor, materials, and equipment furnished shall be subject to the Engineer' s inspection. When the Work is completed, a representative of the Engineer will make the final inspection. 2-10 SITE EXAMfINATION The Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work, and the general and local conditions, such as, but not limited to, all other matters, which could in any way affect the Work or the costs thereof. The failure of the Contractor to acquaint itself with all available information regarding any applicable existing or future conditions shall not relieve it from the responsibility for properly estimating either the difficulties, responsibilities, or costs of successfully performing the Work according to the Contract Documents . 2-11 FLOW AND ACCEPTANCE OF WATER. Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges th,it it has investigated the risk arising from such waters, and has prepared its Bid accordingly; and the Contractor, by submitting such a Bid, assumes all said risk. 2 .12 SUBMITTALS The following provisions shall be added at the end of Paragraph 2-5 . 3 . 3 of the Standard Specifications : on lump sum items, the Contractor shall submit, for approval by the Engineer, a Schedule of Values, or lump sum price breakdown, which will serve as the basis for progress payments and shall be incorporated RUTH HARDY PARK-SIDEWALK IMPROVEMENTS �� SCOPE AND CONTROL OF WORK CITY PROJECT NO.01-28 SPECIAL PROVISIONS - SECTION 2 - PAGE 4 2/21/02 • 0 into a form of Application for Payment acceptable to the Engineer. Such Schedule of Values shall be submitted for approval at the Pre-construction Conference and must meet the approval of the Engineer before any payments can be made to the Contractor. END OF SECTION - RUTH HARDY PARK-SIDEWALK IMPROVEMENTS SCOPE AND CONTROL OF WORK CITY PROJECT NO.01-28 2/21l02 SPECIAL PROVISIONS-SECTION 2- PAGE 5 0 SECTION 3 -- CHANGES IN WORK 3-1 EXTRA WORK The provisions of Section 3-3 of the Standard Specifications shall apply; provided, that the provisions for markup percentages for overhead and profit for extra work referenced in subparagraph 3-3 . 2 . 3 of the 2000 edition shall be deleted in its entirety and the following substituted therefor: 3-2 PAYMENT 3-2 . 1 Markup: The provisions of Subsection 3-3 . 2 . 3 Markup, shall be amended to read as follows : (a) Work by Contractor. The following percentages shall be added to the Contractor' s costs and shall constitute the markup for all overhead and profit . 1) Labor 24 percent (includes bonding) 2) Materials 15 percent 3) Equipment rental 15 percent 4) Other items and expenditures 15 percent 5) Subcontracts (1st tier only) 5 percent 6) lower tier subcontractors none To the sum of the costs and markups provided for in this subsection, except for labor, one percent shall be added as compensation for bonding. 3-2 .2 Contract Unit Prices: The provisions of Subsection 3- 2 . 2 . 1 of the Standard Specifications shall be revised to read as follows : 3-2 .2 .1 (a) Allowable Quantity Variations on Unit Price Contracts : In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the Contract Documents, wherever such unit price has been established; provided, that an adjustment in the Contract Unit Price may be made for changes which result in an increase or decrease in the quantity of any unit price bid item of the Work in excess of 25 percent, or for eliminated items of work. 3-2 .2 . 1 (b) Increases of More Than 25 Percent on Unit Price Contracts : On a unit price contract, should the total RUTH HARDY PARK-SIDEWALK IMPROVEMENTS CHANGES IN WORK CITY PROJECT NO.01-28 SPECIAL PROVISIONS- SECTION 3 - PAGE 1 2/21/02 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 as provided in Section 3-3 . 2 of the Standard Specifications, as amended in these Special Provisions . Such adjustment of the Contract Unit Price will be the difference between the Contract ,Unit Price and the actual unit cost, which will be determined as hereinafter provided, of the total pay quantity of the item. If the costs applicable to such item of work include fixed costs, such fixed costs shall be deemed to have been recovered by the Contractor by the payments made for 125 percent of the Engineer ' s Estimate of the quantity for such item, and in computing the actual unit cost, such fixed costs will be excluded. Subject to the above provisions, such actual unit cost will be determined by the Engineer in the same manner as if the work were to be paid for as extra work as provided in Section 3-3 . 2 of the Standard Specifications, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the City. When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the Engineer' s Estimate is less than $5, 000 at the applicable Contract Unit Price, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor. 3-2 .2 .1 (c) Decreases of More Than 25 Percent on Unit Price Contracts : On unit price contracts, should the total pay quantity of any item of work required under the contract be less than 75 percent of the Engineer' s Estimate therefor, an adjustment in compensation pursuant to this Section will not: be made unless the Contractor so requests in writing. If the Contractor so requests, the quantity of said item performed, unless covered by an executed contract change order specifying the compensation payable therefor, will be paid for by adjusting the Contract Unit Price as hereinafter provided, or at the option of the Engineer, payment for the quantity of the work of such item performed will be made as if the work were) to paid for as extra work as provided in Section 3173. 2 of the Standard Specifications, as amended in these Special Provisions, or RUTH HARDY PARK-SIDEWALK IMPROVEMENTS CHANGES IN WORK CITY PROJECT NO. 01-28 SPECIAL PROVISIONS - SECTION 3 - PAGE 2 2/21/02 such adjustment as will be as agreed to by the Contractor and the City; provided however, that in no case shall the payment for such work be less than that which would be made at the Contract Unit Price. Such adjustment of the contract unit price will be the difference between the contract unit price and the actual unit cost, which will be determined as hereinafter provided, of the total pay quantity of the item, including fixed costs. Such actual unit cost will be determined by the Engineer in the same manner as if the work were to be paid for as extra work as provided in Section 3-3 . 2 of the Standard Specifications, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the City. The payment for the total pay quantity of such item of work will in no case exceed the payment which would be made for the performance of 75 percent of the Engineer' s Estimate of the quantity for such item at the original Contract Unit Price. 3-2 .2 .1 (d) Eliminated Items on Unit Price Contracts: On unit price contracts, should any contract item of the Work be eliminated in its entirety, in the absence of an executed contract Change Order covering such elimination, payment will be made to the Contractor for actual costs incurred in connection with such eliminated contract item if incurred prior to the date of notification in writing by the Engineer of such elimination. If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the Engineer, and if orders for such material cannot be canceled, it will be paid for at the actual cost to the Contractor. In such case, the material paid for shall become the property of the City and the actual cost of any further handling will be paid for by the City. If the material is returnable to the vendor and if the Engineer so directs the Contractor, the material shall be returned and the Contractor will be paid for the actual cost of charges made by the vendor for returning the material . The actual cost of handling returned material will be paid for. The actual costs or charges to be paid by the City to the Contractor as provided in this Section 3-2 will be computed in the same manner as if the work were to be paid as extra work as provided in Section 3-3 . 2 of the Standard Specifications, as amended in these Special Provisions, or RUTH HARDY PARK-SIDEWALK IMPROVEMENTS CHANGES IN WORK CITY PROJECT NO.01-28 2/21/02 SPECIAL PROVISIONS- SECTION 3- PAGE 3 such adjustment as will be as agreed to by the Contractor and the City. - END OF SECTION - RUTH HARDY PARK-SIDEWALK IMPROVEMENTS CHANGES IN WORK CITY PROJECT NO. 01-28 SPECIAL PROVISIONS - SECTION 3- PAGE 4 2/21/02 SECTION 4 -- CONTROL OF MATERIALS 4-1 TRADE NAMES OR EQUALS 4-1 .1 Substitutions. - Subparagraph 2 of Section 4-1 . 6 of the Standard Specifications shall be amended to read as follows : Whenever any particular material, process, or equipment is indicated by a patent, proprietary, or brand name, or by the name of the manufacturer, such product shall be followed by the words "or equal . " A Contractor may offer any material, process, or equipment considered as equivalent to that indicated, unless a sole source is specified. Failure of the Contractor to submit requests for substitution promptly after bid opening shall be deemed to signify that the Contractor intends to furnish one of the brands named in the Special Provisions, and the Contractor does hereby waive all rights to offer or use substitute materials, products, or equipment for that which was originally specified. Unless otherwise authorized by the Engineer, the time for submission of data substantiating a request for substitution of an "or equal" item shall be not more than 20 days after bid opening. 4-1 .2 Submittals for Approval of "Or Equals. " - Should the Contractor request approval for "or equal" products, it shall submit data substantiating such request to the Engineer as per Subsection 4-1 . 1, above. Data for approval of "or equal" products shall include complete calculations, technical specifications, samples, or published documents relating to the performance and physical characteristics of the proposed substitute. The appearance of manufacturer and product names or trademarks, details of materials or services, or product descriptions in either the Plans or the Specifications are for reference only and do not constitute an endorsement of same by the Engineer or the City. 4 .2 MATERIALS 4-2 . 1 Quantities . - The Contractor shall submit with each of its billing invoices, a corrected list of quantities, verified by the Engineer, for unit price items listed in the Bid Schedule. 4-2 .2 Placing Orders. - The Contractor shall place the order (s) for all long-lead supplies, materials, and equipment, for any traffic signing, striping, legends, and traffic control facilities within 3 working days after the award of Contract by RUTH HARDY PARK-SIDEWALK IMPROVEMENTS CONTROL OF MATERIALS CITY PROJECT NO 01-28 SPECIAL PROVISIONS -SECTION 4-PAGE 1 2/21/02 0 the City. The Contractor shall furnish the Engineer with a statement from the vendor (s) that the order (a) for said supplies, materials, and equipment has been received and accepted by said vendor (s) within 15 working days from the date of said award of Contract . - END OF SECTION - RUTH HARDY PARK-SIDEWALK IMPROVEMENTS CONTROL OF MATERIALS CITY PROJECT NO.01-28 SPECIAL PROVISIONS - SECTION 4- PAGE 2 2/21/02 SECTION 5 -- UTILITIES 5-1 REMOVAL, RELOCATION, OR PROTECTION OF EXISTING UTILITIES (a) The following full text of Government Code Section 4215 shall replace the provisions of Section 5-5, subparagraph 4, of the Standard Specifications: "In accordance with the provisions of Section 4215 of the California Government Code, any contract to which a public agency as defined in Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids . The agency will compensate the Contractor for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. The Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the public agency or the owner of the utility to provide for removal or relocation of such utility facilities . Nothing herein shall be deemed to require the public agency to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve the public agency from identifying main or trunk lines in the plans and specifications. If the Contractor while performing the contract discovers utility facilities not identified by the public agency in the contract plans or specifications, he or she shall immediately notify the public agency and utility in writing. RUTH HARDY PARK-SIDEWALK IMPROVEMENTS CITY PROJECT NO 01-28 UTILITIES 2/21/02 SPECIAL PROVISIONS - SECTION 5 - PAGE 1 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. " (h) Removal, Relocation, or Protection of Existing Utilities . - The following provisions shall be added to the end of Section 5-5 of the Standard Specifications : "If the Contractor, while performing the Contract, discovers utility facilities not identified by the public agency in the Contract Plans or Specifications, he or she shall immediately notify the public agency and utility in writing. The public utility, where they are the owner, shall have the sole discretion to perform repairs or relocation work, or permit the Contractor to do such repairs or relocation work at a reasonable price. " 5-2 TEMPORARY SUPPORT OF UTILITIES The Plans identify the approximate locations of existing utilities that parallel or cross the Work. These locations are based on the best information available to the City. The Contractor shall verify these locations . During construction of the Work, some of the existing utilities may fall within the prism of trenches . If the existing utility does fall within the Contractor' s trenches, the utility involved shall be supported properly by the Contractor to the satisfaction of the utility owner. 'The method of support of the utility, precautions to be taken during trench backfill and compaction, etc. , shall be per the utility owner' s requirements . The Contractor shall contact the utility owner should it anticipate such exposure of any of the existing utilities . 5-3 UTILITY LOCATION .AND PROTECTION Locations of existing utilities , shown on the Plans are approximate and may not be complete . Therefore, the Contractor shall notify Underground Service , Alert at 1-800-422-4133 a minimum of 2 working days prior', to any excavation in the vicinity of any potentially existing underground facilities in order to verify the location of all utilities prior to the commencement of the Work. RUTH HARDY PARK-SIDEWALK IMPROVEMENTS UTILITIES CITY PROJECT NO.01-28 SPECIAL PROVISIONS -SECTION 5 - PAGE 2 2/21102 0 The Contractor shall be responsible for coordinating its work with all utility companies during the construction of the Work. All water meters, water valves, sprinklers, fire hydrants, Southern California Edison vaults, General Telephone vaults, Southern California Gas Company valves, and other subsurface structures shall be relocated or adjusted to grade by the Contractor. The Contractor shall notify each utility owner a minimum of 2 working days before commencing the Work. - END OF SECTION - RUTH HARDY PARK-SIDEWALK IMPROVEMENTS CITY PROJECT NO.01-28 UTILITIES 2/21/02 SPECIAL PROVISIONS-SECTION 5 - PAGE 3 • SECTION 6 -- PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 LIQUIDATED DAMAGES 6-1 . 1 Amount. - The amount of liquidated damages as specified in Section 6-9 of the Standard Specifications shall not apply, but shall be as stated in the Agreement. 6-2 TIMES OF OPERATION 6-2 . 1 Hours of Operation. - It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following, other than between the hours of 7 : 00 a .m. to 3 : 30 p.m. , Monday through Friday, with no work allowed on City- observed holidays, unless otherwise approved by the Engineer: 1 . Powered Vehicles 2 . Construction Equipment 3 . Loading and Unloading Vehicles 4 . Domestic Power Tools 6-3 NOTIFICATION The Contractor shall notify the City and the owners of all utilities and substructures not less than 2 working days prior to commencing the Work. The following list of names and telephone numbers is intended for the convenience of the Contractor only and is not guaranteed to be complete or correct : CITY OF PALM SPRINGS Tom Cartwright, Engineering Field Supervisor (760) 323-8253 Sherman Ferguson, Streets Maintenance Supervisor (760) 323-8167 Dave Barakian, Director of Public Works/City Engineer (760) 323-8253 VERIZON Attention: Mr. Bill Morrow (760) 778-3627 DESERT WATER AGENCY Attention: Mr. Woody Adams (760) 323-4971 SOUTHERN CALIFORNIA EDISON COMPANY Attention: Mr. Garry Dean (760) 202-4257 SOUTHERN CALIFORNIA GAS COMPANY Attention: Mr. Ken Kennedy (909) 335-7716 TIME-WARNER CABLE Attention: Mr. Dale Scrivner (760) 778-3400 WHITEWATER MUTUAL Attention: Mr. Stan Clark (760) 325-5880 SPRINT Attention: Mr. Lynn Durrett (909) 874-7450 CI TH HARDY PARK-SIDEWALK IMPROVEMENTS PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK CITY PROJECT N0. 01-28 2/21/02 SPECIAL PROVISIONS - SECTION 6 - PAGE 1 UNDERGROUND SERVICE ALERT 1 (800) 227-2600 6-4 EMERGENCY INFORMATION The names, addresses, and ' telephone numbers of the Contractor, sub-contractors, their owners, officers, and superintendents, shall be filed with the Engineer at the Pre- Construction Conference. - END OF SECTION - PROSECUTION, PROGRESS, RUTH HARDY PARK-SIDEWALK IMPROVEMENTS AND ACCEPTANCE OF THE WORK CITY PROJECT NO.01-28 SPECIAL PROVISIONS-SECTION 6- PAGE 2 2/21/02 SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR 7-1 General. - The provisions of Section 7-13 of the Standard Specifications shall be revised to read as follows : "The Contractor shall keep itself fully informed of all existing and future State and Federal laws, and county and municipal ordinances and regulations, which in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any way affect the conduct of the Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. He or she shall at all times observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any or all authority over the Work, and shall indemnify the City and all officers and employees thereof connected with the Work, including, but not limited to, the City Engineer, , against any claim or liability arising from, or based on, the violation of any such law, ordinance, regulation, order, or decree, whether by itself or its employees . If any discrepancy or inconsistency is discovered in the Plans, Drawings, Special Provisions, or Contract for the Work in relation to any such law, ordinance, regulation, order, or decree, the Contractor shall forthwith report the same to the Engineer in writing. " 7-2 Hours of Labor. - Eight hours labor constitutes a legal day' s work. The Contractor shall comply with all applicable provisions of Section 1810 to 1815, inclusive, of the California Labor Code relating to working hours. The Contractor shall forfeit, as a penalty to the City, $25 . 00 for each worker employed in the execution of the contract by the Contractor or by any subcontractor under him for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day or 40 hours in any one calendar week, unless such worker receives compensation for all hours worked in excess of 8 hours per day, or 40 hours during any one week at not less than one and one-half times the basic rate of pay- 7-3 Prevailing Wage. - As required by Sections 1770 and following, of the California Labor Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations . Copies of such prevailing rate of per diem wages are on file at the office of the Engineer, which RUTH HARDY PARK-SIDEWALK IMPROVEMENTS RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO.01-28 SPECIAL PROVISIONS - SECTION 7 - PAGE 1 2/21/02 copies shall be made available to any interested party on request. The Contractor shall post ,a copy of such determination at each job site . The Contractor shall, as a penalty to the City, forfeit $50 . 00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director for such work or craft in which such worker is employed for any public work done under the Contract by it or by any subcontractor under it .. 7-4 Travel and Subsistence Payments . - As required by Section 1773 . 8 of the California Labor Code, the Contractor shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Article. To establish such travel and subsistence payments, the representative of any craft, classification, or type of worker needed to execute the Contract shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within 10 days after their execution and thereafter shall establish such travel and subsistence payments whenever filed 30 days prior to the call for Bids . 7-5 Apprentices on Public Works . -' The Contractor shall comply with all applicable provisions of Sections 1777 . 5 and 1777 . 6 of the California Labor Code relating to employment of apprentices on public works . 7-6 Lrnpaid Claims . - If, at any time prior to the expiration of the period for service of a Stop Notice, there is served upon the City a Stop Notice, as provided in Sections 3179 through 3210 of the Civil Code of the State of California, the City shall, until the discharge thereof, withhold from the moneys under its control so much of said moneys due or to become due the Contractor under this Contract, as shall be sufficient to answer the claim stated in such Stop Notice, and to provide for the reasonable cost of any litigation thereunder, provided, that if the: Engineer shall, in its discretion, permit the Contractor to file with the City the bond referred to in Section 3196 of the Civil Code of the State of California, said moneys shall not thereafter be withheld on account of such Stop Notice. 7-7 Ftetainage From Monthly Payments . - Pursuant to Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any money withheld by the City to RUTH HARDY PARK-SIDEWALK IMPROVEMENTS RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 01-28 SPECIAL PROVISIONS - SECTION 7 - PAGE 2 2/21/02 ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent, who shall return such securities to the Contractor upon satisfactory completion of the Contract . Deposit of securities with an escrow agent shall be subject to a written agreement for in-lieu construction payment retention, provided by the City between the escrow agent and the City, which provides that no portion of the securities shall be paid to the Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City will not certify that the Contract has been satisfactorily completed until at least 30 days after filing by the City of a Notice of Completion. Securities eligible for investment under Public Contract Code Section 22300 shall be limited to those listed in Section 16430 of the Government Code, and to bank or savings and loan certificates of deposit. 7-8 Contracts for Trenches or Excavations; Notice on Discovery of Hazardous Waste or Other Unusual Conditions; Investigations; Change Orders; Effect on Contract. - (a) As required under Section 7104 of the Public Contract Code, in any public works contract of a local public entity, which involves the digging of trenches or other excavations that extend deeper than 4 feet below the surface, shall be subject to the following conditions : the Contractor shall promptly, before the conditions are disturbed, notify the public entity in writing of such conditions . (b) It has been determined that the OSHA soil classification in Palm Springs has designated to be Type C soil throughout the City. All protective measures shall be based upon that determination. 7-9 Resolution of Construction Claims . - As required under Section 20104, et seq. , of the California Public Contract Code, any demand of $375, 000 or less, by the Contractor for a time extension, payment of money, or damages arising from the work done by or on behalf of the Contractor pursuant to this Contract, or payment of an amount which is disputed by the City, shall be processed in accordance with the provisions of said Section 20104, et seq. , relating to informal conferences, non- binding judicially-supervised mediation, and judicial arbitration. A single written claim shall be filed under this Article prior to the date of final payment for all demands resulting out of the Contract . RUTH HARDY PARK-SIDEWALK IMPROVEMENTS RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO.01-28 SPECIAL PROVISIONS -SECTION 7- PAGE 3 2/21/02 0 10 Within 30 days of the receipt of the claim, the City may request additional documentation supporting the claim, or relating to defenses or claims the City may have against the Contractor. If the amount of the claim is less than $50, 000, the Contractor shall respond to the request for additional information within 15 days after receipt of the request. The Contractor shall respond to the request within 30 days of receipt, if the amount of the claim exceeds $50, 000, but is less than $375, 000 . Unless further documentation is ,requested, the City shall respond to the claim within 45 days, if the amount of the claim is less than $50, 000, or within 60 days, if the amount of the claim is more than $50, 000, but less than $375, 000 . If further documentation is requested, the City shall respond within the same amount of time taken by the Contractor to respond, or 15 days, whichever is greater, after receipt of the information, if the claim is less than $50, 000 . If the claim is more than $50, 000, but less than $375, 000, and further documentation is requested by the City, the City shall respond within the same amount, of time taken by the Contractor to respond, or 30 days, whichever is greater. If the Contractor disputes the City' s response, or the City fails to respond, the Contractor may demand an informal conference to meet and confer for ,settlement of the issues in dispute . The demand shall be served on the City, within 15 days after the deadline of the City to respond, or within 15 days of the City' s response, whichever occurs first . The City shall schedule the meet and confer conference within 30 days of the request. If the meet and confer conference does not produce a satisfactory request, the Contractor may pursue the remedies authorized by law. 7-10 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 the placement of concrete . Where the said Section 1717 requires the services of a civil engineer registered in the State of California to approve design calculations and working drawings of the falsework or shoring system, or to inspect such system prior to the placement of concrete, ' the Contractor shall employ a registered civil engineer for these purposes, and all costs therefor shall be included in the Bid item price named in the Contract for completion of the Work ,as set forth in the Contract Documents . RUTH HARDY PARK-SIDEWALK IMPROVEMENTS RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT N0. 01-28 SPECIAL PROVISIONS - SECTION 7- PAGE 4 2/21/02 7-11 Payroll Records; Retention; Inspection; Noncompliance Penalties; Rules and Regulations . - The Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records, enumerated under paragraph one of this Section 7-11, shall be certified and shall be made available for inspection at all reasonable hours at the principal office of the Contractor on the following basis : 1 . A certified copy of an employee' s payroll record shall be made available for inspection, or furnished to the employee, or his or her authorized representative on request . 2 . A certified copy of all payroll records, enumerated herein, shall be made available for inspection, or furnished upon request, to a representative of the body awarding the Contract, or the Division of Labor Standards Enforcement, or the Division of Apprenticeship Standards of the California Department of Industrial Relations . 3 . A certified copy of all payroll records, enumerated herein, shall be made available upon request to the public for inspection, or copies thereof made, provided, however, that a request by the public shall be made through either the body awarding the Contract, or the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to Section 7 . 11, paragraph 2, herein, the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the Contractor, sub- contractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of the Contractor. RUTH HARDY PARK-SIDEWALK IMPROVEMENTS RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO.01-28 SPECIAL PROVISIONS-SECTION 7 -PAGE 5 2/21/02 The Contractor and each subcontractor shall file a certified copy of the records, enumerated in paragraph one of this Section 7-11, herein, with the entity that requested the records within 10 days after receipt of a written request. Any copy of records made available for inspection as copies, and furnished upon request to the public or any public agency by the awarding body„ the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, shall be marked or obliterated in such a manner as to prevent disclosure of an indivi.dual ' s name, address, and social security number. The name and address of the Contractor awarded the Contract or performing the Contract shall not be marked or obliterated. The Contractor shall inform the body awarding the Contract of the location of the records enumerated under said Section 7-11, paragraph one, herein, including the street address, city and county, and shall, within 5 working days, provide a notice of any change of location and address . In the event of noncompliance with the requirements of this Section, the Contractor shall have 10 days in which to comply subsequent to receipt of a written notice specifying in what respects the Contractor must comply with this Section. Should noncompliance still be evident after the 10-day period, the Contractor shall, as a penalty to the State or political subdivision on whose behalf the Contract is made or awarded, forfeit 25 dollars for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A copy of all payrolls shall be submitted weekly to the Engineer. Payrolls shall contain the full name, address and social. security number of each employee, his or her correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made, and actual wages paid. They shall also indicate all apprentices and ratio of apprentices to journeymen. The employee ' s address and social security number need only appear on the first payroll on which his or her name appears . The payroll shall be accompanied by a "Statement of Compliance, " signed by the employer or its agent, indicating that the payrolls are correct and 'complete, and that the wage rates contained therein are not less than those required by the Contract . The "Statement of Compliance" shall be on forms furnished by the City, or on any form with identical wording. The Contractor shall be responsible for the submission of copies of payrolls from all subcontractors . RUTH HARDY PARK-SIDEWALK IMPROVEMENTS RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO.01-28 SPECIAL PROVISIONS - SECTION 7 - PAGE 6 2/21/02 0 If, by the 15th of the month, the Contractor has not submitted satisfactory payrolls for all work performed during the monthly period ending on or before the 1st of that month, the City will retain an amount equal to 10 percent of the estimated value of the work performed during the month from the next monthly estimate, except that such retention shall not exceed $10, 000, nor be less than $1, 000 . Retentions for failure to submit satisfactory payrolls shall be in addition to all other retentions provided for in the Contract . The retention for failure to submit payrolls for any monthly period will be released for payment on the monthly estimate for partial payments next following the date that all the satisfactory payrolls for which the retention was made are submitted. 7-12 INSURANCE AMOUNTS The insurance provided by the CONTRACTOR hereunder shall be (1) with companies licensed to do business in the state of California, (2) with companies with a Best ' s Financial Rating of VII or better, and (3) with companies with a Best ' s General Policy Policyholders Rating of not less than A, except that in case of Worker' s Compensation Insurance, participation in the State Fund, where applicable, is acceptable. The limits of liability for insurance, as required by Section 7- 3 and 7-4 of the Standard Specifications, shall provide coverage for not less that the following amounts, or greater where required by laws and regulations : 1 . Workers ' Compensation: a) State: Statutory Amount Or minimum $1, 000, 000 b) Employer' s Liability: $1, 000, 000 2 . Comprehensive General Liability: a) Bodily Injury (Including completed operations and products liability and wrongful death) : $ 1, 000, 000 Each Occurrence $ 1, 000, 000 Annual Aggregate Property Damage: $ 1, 000, 000 Each Occurrence $ 1, 000, 000 Annual Aggregate RUTH HARDY PARK-SIDEWALK IMPROVEMENTS RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO.01-28 SPECIAL PROVISIONS- SECTION 7 - PAGE 7 2/21/02 9 0 b) Property damage liability insurance will provide explosion, collapse,, and underground coverages where applicable. c) Personal injury, with employment exclusion deleted: $ 1, 000, 000 Annual Aggregate 3 . Comprehensive Automobile Liability: a) Bodily Injury (Including wrongful death) : $1, 000, 000 Each Person $1, 000, 000 Each Occurrence b) Property Damage $1, 000, 000 Each Occurrence Or a combined single limit of $1, 000, 000 7-13 PERMITS 7-13 .1, Business License. The Contractor and all of its subcontractors shall possess a current City business license issued by the City prior to commencement of the Work, in accordance with Title 3 of the City' s Municipal Code. The Contractor shall obtain a Business License from the City of Palm Springs prior to commencement of work. The Business License can be obtained from the City of Palm Springs, Business License Office, 3200 Tahquitz Canyon Way, Palm Springs, CA 92262, (760) 323-8289 . 7-13 .21 City of Palm Springs Construction Permit. The Contractor shall be required to obtain and sign a City of Palm Springs Construction Permit prior to commencement of the Work, but the fee for this permit shall be waived., The Construction Permit can be obtained from the office of the Engineer. All other provisions of Section 7-5 of the Standard Specifications shall remain in force'. 7-14 SITE CLEANUP Throughout all phases of construction, including suspension of work, and until final acceptance of! the project, the Contractor shall keep the work site clean and free from rubbish and debris . The Contractor shall also abate dust nuisance, as required in RUTH HARDY PARK-SIDEWALK IMPROVEMENTS RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 01-28 SPECIAL PROVISIONS - SECTION 7- PAGE 8 2/21/02 Section 7-14 of these Special Provisions. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods . Materials and equipment shall be removed from the site as soon as they are no longer necessary; and upon completion of the work and before final inspection the entire worksite shall be cleared of equipment, unused materials, trash, rubbish and debris so as to present a satisfactory clean and neat appearance, as approved by the Engineer. All cleanup costs shall be absorbed in the Contractor' s bid. Full compensation for all work required in this section shall be considered as included in the contract prices paid for the related items of work and no additional compensation will be allowed therefor. 7-15 DUST CONTROL 7-15.1 General A. The Contractor shall be responsible for stabilizing the disturbed soil during construction. The method which it will use must be approved by the Engineer. If a water meter is required by the Engineer during construction, the Contractor shall contact the Desert Water Agency at (760) 323-4971 to obtain said meter. The cost of this work shall be included in the price of various items in the Bid Schedule, and no additional payment will be made therefor. B. The Contractor shall be responsible for maintaining the project site and providing adequate dust control 24 hours a day, everyday, through the duration of the project in conformance with City requirements, Section 10 of the Standard specifications, and to the satisfaction of the City Engineer. 7-15 .2 Dust Control Sign Requirements 7-15 .2 . 1 Sign Materials and Fabrication. - The Contractor shall construct, erect, and maintain a rectangular, painted sign, outside of any proposed work area. The sign shall be installed within 5 days of the execution of the Contract, and the Contractor shall maintain the sign in good condition until the execution of the Notice of Completion, at which time the Contractor shall remove the sign and deliver it to the City yard. The sign board shall be minimum 3-foot wide by 2-foot high, constructed as follows : a. 3/4" High Density Overlay exterior type plywood, Grade designation APA HDO EXT. RUTH HARDY PARK-SIDEWALK IMPROVEMENTS RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO.01-28 SPECIAL PROVISIONS-SECTION 7- PAGE 9 2/21/02 s • b. Two 4" x 4" posts securely buried not less than 36 inches into the ground. No concrete shall be used to secure the sign posts . The posts shall be treated with linseed replacement oil tinted with redwood stain. C . Posts shall be attached to the edges of the plywood with a minimum of two (2) carriage bolts on each post . d. The front surface of the sign should be painted in the contrasting colors of a white background with black lettering. All paint shall be weather-proof non fading enamel . e . Commercially prepared metal ,signs mounted on steel posts are also acceptable . f . For large projects, signs shall be installed at 300 feet spacing along adjacent streets, or as required by the City Engineer. No handwritten signs will be accepted. Stenciled or professionally prepared signs are required. 7-15 .2 .2 Sign Installation. - The sign shall be installed such that members of the public can easily view, access, and read the sing at all times and shall be located along the street frontage such that it will not be subject to damage from equipment or vehicles working, at the project site . Additionally: a. The lower edge of the sign shall be mounted a minimum of 2 feet above existing ground level for easy viewing. b. On the construction site the sign should be positioned so as to be visible from all major streets . c . For construction projects that are developed in phases, the sign should be relocated to the areas which are under active construction. 7-15 .2 . 3 Sign Lettering. - The sign shall contain the following words in the top portion' of the sign in minimum 3/4" high, bold face type letters : Project Name: RUTH HARDY PARK SIDEWALK IMPROVEMENTS Contractor: City Project No: 01-28 The sign shall contain the following words in the largest, minimum 11-�", bold face type letters : TO REPORT BLOWING DUST FROM THIS PROJECT CALL: (XXX) )=-;XXXX The Contractor shall provide its Superintendent' s or Project Manager' s 24 hour telephone number.' RUTH HARDY PARK-SIDEWALK IMPROVEMENTS RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 01-28 SPECIAL PROVISIONS - SECTION 7 -PAGE 10 2/21/02 0 Underneath in smaller, min. 3/8" bold face type letters shall be the following words : If you do not get a response within one hour, please call: 8:00 a.m.-5:00 p.m. Monday through Friday: (760) 323-8253 Palm Springs Public Works & Engineering Department After hours or weekends: (760) 323-8115 Palm Springs Police Department Or call A.Q.M.D. : 1-800-286-7664 The sign planning, appearance, and layout shall substantially conform to the sketch included in Appendix A, and shall be subject to the approval of the Engineer. The sign shall be placed into its final position as a part of the work of Initial Mobilization, as specified in Section 9. 7-15 .2 .4 Sign Maintenance. - Dust Control Sign shall be maintained in good condition by the Contractor at all times during the entire contract . In case of damage to the sign from any cause, including graffiti, vandalism, environmental conditions and fading, the Contractor shall repair, re-install, and/or repaint the sign, as required. All such repair or maintenance shall be completed promptly within 2 days of any such damage to the full satisfaction of the Engineer. 7-15 .2 .5 Payment. - Full compensation for providing 24 hour dust control and project maintenance; and for furnishing, erecting, maintaining, and removing the dust control sign shall be considered as included in the contract lump sum price paid for mobilization, and no additional compensation will be allowed therefor. - END OF SECTION - RUTH HARDY PARK-SIDEWALK IMPROVEMENTS RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 01-28 SPECIAL PROVISIONS- SECTION 7 - PAGE 11 2121/02 • • SECTION 8 -- FACILITIES FOR AGENCY PERSONNEL (BLANK) - END OF SECTION - RUTH HARDY PARK-SIDEWALK IMPROVEMENTS FACILITIES FOR AGENCY PERSONNEL CITY PROJECT NO 01-28 SPECIAL PROVISIONS-SECTION 8 - PAGE 1 2/21/02 SECTION 9 - MEASUREMENT AND PAYMENT 9-1 GENERAL 9-1 . 1 Payment. - Payment for the various items of the Bid Sheet, as further specified herein, shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of work being described, as necessary to complete the various items of work, all in accordance with the provisions for Measurement and Payment in the Standard Specifications and these Special Provisions, and as shown on the Drawings, including all appurtenances thereto, and including all costs of compliance with the regulations of public agencies having jurisdiction, including the Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration of the U. S . Department of Labor (OSHA) . No separate payment will be made for any item that is not specifically set forth in the Bid Sheet, and all costs therefor shall be included in the prices named in the Bid Sheet for the various appurtenant items of work. 9-1 .2 Partial and Final Payments . - Acceptance of any progress payment accompanying any estimate without written protest shall be an acknowledgement by the Contractor that the number of accumulated contract days shown on the associated statement of working days is correct. Progress payments made by the City to the Contractor after the completion date of the Contract shall not constitute a waiver of liquidated damages . Subject to the provisions of Section 22300 of the Public Contract Code, a 10 percent retention will be withheld from each payment . All invoices and detailed pay requests shall be approved by the Engineer before submittal to the City for payment. All billings shall be directed to the Engineer. The Contractor shall submit with its invoice the Contractor ' s conditional waiver of lien for the entire amount covered by such invoice; valid unconditional waivers of lien from the Contractor and all subcontractors and material-men for all work and materials included in any prior invoices; Waivers of lien shall be in the forms prescribed by California Civil Code Section 3262 . Prior to final payment by the City, the Contractor shall submit a final waiver of lien for the Contractor' s work, together with releases of lien from any subcontractor or material-men. RUTH HARDY PARK-SIDEWALK IMPROVEMENTS MEASUREMENT AND PAYMENT CITY PROJECT NO.01-28 SPECIAL PROVISIONS - SECTION 9 - PAGE 1 2/21/02 0 9-1 . 3 Payment. - The last subparagraph of Standard Specifications Section 9-3 . 1 shall be DELETED and the following substituted therefor: At the expiration of 35 days after acceptance of the Work by the City Council, or as prescribed by law, the amount deducted from the final estimate and retained by the City will be processed for payment to the Contractor, except for such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-2 PAYMENT SCHEDULE 9-2 . 1 Bid Schedule. - All pay line items will be paid for at the unit prices named in the Bid Sheet (s) for the respective items of work. The quantities of work or material stated as unit price items on the Bid Sheet (s) are supplied only to give an indication of the general scope of the Work. The City does not expressly, nor by implication, agree that the actual amount of work or material will correspond therewith, and reserves the right after the award of Contract to increase or decrease the quantity of any unit price item of work, and shall have the right to delete any Bid item in its entirety, or to add additional Bid items . 9-2 .2 Initial Mobilization. - Measurement for payment for initial mobilization will be based upon completion of such work as a lump sum, non-proratable pay item, and shall require completion of all of the listed items during the first 10 days following the Notice to Proceed. Payment for Initial Mobilization will be made at the lump sum allowance named in the Bid Sheet (s) under Item No. 1, which price shall constitute full compensation for all such work. Payment for Initial Mobilization will be made in the form of a single, lump-sum, non-proratable payment, no part of which will be approved for payment under the Contract until all Initial Mobilization items listed herein have been completed as specified. The scope of the work included under Pay Item No. 1 shall include the obtaining of all bonds, insurance, and permits, moving onto the site of all plant and equipment, and the furnishing and erecting of plants, temporary buildings, and other construction facilities, all as required for the proper performance and completion of the:, Work. Mobilization shall include, but not be limited to, the following principal items: 1 . Moving onto the site of all Contractor' s plant and equipment required for the first month' s operations . 2 . Installing temporary construction power, wiring, and lighting facilities' per Paragraph 7-8 . 5, RUTH HARDY PARK-SIDEWALK IMPROVEMENTS MEASUREMENT AND PAYMENT CITY PROJECT NO 01-28 SPECIAL PROVISIONS - SECTION 9 - PAGE 2 2/21/02 "Temporary Light, Power, and Water" of the Standard Specifications and these Special Provisions . 3 . Providing on-site sanitary facilities and potable water facilities, as specified per Paragraph 7- 8 . 4, "Sanitation" of the Standard Specifications . 4 . Obtaining and paying for all required bonds, insurance, and permits . 5 . Posting all OSHA-required notices, and establishment of OSHA-approved safety programs . 6. Having the Contractor' s superintendent at the job site full-time. 7 . Submitting of the required Construction Schedule, as specified in the Section 6-1, "Construction Schedule and Commencement of Work" of the Standard Specifications . 8 . Constructing and erecting the CDBG project sign as specified in Section 10 . 9. Installing and maintaining Dust Control Sign. 10 . Ordering all long lead items . No payment for any of the listed Initial Mobilization Work items will be made until all of the listed items have been completed to the satisfaction of the Engineer. The aforementioned amount will be retained by the City as the agreed, estimated value of completing all of the mobilization items listed. Any such retention of money for failure to complete all such mobilization items as a lump-sum item shall be in addition to the retention of any payment pursuant to the provisions of Public Contract Code 22300. - END OF SECTION - RUTH HARDY PARK-SIDEWALK IMPROVEMENTS MEASUREMENT AND PAYMENT CITY PROJECT NO.01-28 2/2 7/02 SPECIAL PROVISIONS - SECTION 9 -PAGE 3 SECTION 10 -- CONSTRUCTION DETAILS 10-1 .1 GENERAL. - The Contractor shall construct, erect, and maintain a 6-foot wide by 2-foot high, rectangular, painted construction sign prominently within Ruth Hardy Park at an approved location, outside of any proposed work area . The sign shall be installed within 7 days of the execution of the Contract, and the Contractor shall maintain the sign in good condition until the execution of the Notice of Completion, at which time the Contractor shall remove the sign and deliver it to the City yard. 10-1 .2 SIGN MATERIALS. - The sign board shall be constructed of a single sheet of High Density Overlay exterior type plywood, Grade Designation APA HDO EXT. The sign board shall be trimmed to 6 foot by 2 foot size and shall be of all new material. Sign posts shall be two 4 by 4 inch Redwood posts . 10-1 .3 FABRICATION. - The sign board shall be securely bolted to the support posts using three 1/4-inch carriage bolts through each sign post, with the smooth bolt head located at the face of the sign. 10-1 .4 PROTECTIVE COATING. - All paint shall be weather-proof, non-fading enamel . Sign board surface shall be prepared with an enamel undercoat prior to application of the base coat . Lettering shall be in a dark brown color on a tan background and shall be of a size that allows the sign to be read from a distance of 50 feet. Sign posts shall be treated with linseed replacement oil tinted with redwood stain. 10-1 .5 ERECTION. - The sign shall be erected in a prominent location along the street frontage, and shall be located such that it will not be subject to damage from equipment or vehicles working at the project site. The sign board shall be mounted so that the lower edge will be 4 feet above the ground. The 4 by 4 posts to which the sign board is mounted shall be securely buried not less than 36 inches into the ground. No concrete shall be used to secure the sign posts . 10-1 . 6 SIGN LETTERING. - The sign shall contain the following words in the top portion of the sign in smaller letters : A Cooperative Project of the City of Palm Springs and the U.S . Department of Housing and Urban Development RUTH HARDY PARK SIDEWALK IMPROVEMENTS CITY PROJECT NO. 01-28 CONSTRUCTION DETAILS 2/21/02 SPECIAL PROVISIONS -SECTION 10- PAGE 1 0 The sign shall contain the following words in the largest letters : RUTH HARDY PARK SIDEWALK IMPROVEMENTS PALM SPRINGS, CALIFORNIA CITY OF PALM SPRINGS PUBLIC WORKS & ENGINEERING DEPARTMENT (CONTRACTOR NAME) Underneath in smaller letters shall be the following words : U.S. Department of Housing , and Urban Development Community Development Block Grant Program Equal Opportunity -- Affirmative Action Employer Executive Order 11246 and Section 3 of Housing and Urban Development Act of 1968. The sign planning, appearance, and layout shall substantially conform to the sketch included in Appendix A, and shall be subject to the approval of the Engineer. The sign shall be placed into its final position as a part of the work of Initial Mobilization, as specified in Section 9. 10-1 . 7 SIGN MAINTENANCE. - Project sign shall be maintained in good condition by the Contractor at all times during the entire contract. In case of damage to the sign from any cause, including graffiti, vandalism, environmental' conditions and fading, the Contractor shall repair, re-erect, and/or repaint the sign, as required. All such repair or maintenance shall be completed promptly within 5 days of any such damage to the full satisfaction of the Engineer. 10-1 .13 PAYMENT. - Full compensation for furnishing, erecting, maintaining, and removing the construction project funding identification sign shall be considered as included in the contract lump sum price paid for mobilization and no additional compensation will be allowed therefore. 10-2 Record Drawings The Contractor shall keep a complete set of record drawings at the job site. The Construction Plans shall be legibly marked showing each actual item of record construction including: 1 . Measured depths of elements in relation to fixed datum points . 2 . Measured horizontal and vertical locations of underground utilities and appurtenances with reference to permanent surface improvements . RUTH HARDY PARK SIDEWALK IMPROVEMENTS CITY PROJECT NO.01-28 CONSTRUCTION DETAILS 2121/02 SPECIAL PROVISIONS -SECTION 10- PAGE 2 3 . Field changes of dimensions, locations and/or materials with details as required to clearly delineate the modifications . 4 . Any details not in the original Construction Plans developed by the City throughout construction necessary to clarify or modify the Construction Plans. The Contractor shall maintain all record information daily and make this information available to the Project Inspector upon request . The Contractor' s progress payment will not be approved unless project record drawings are current . 10-3 TRAFFIC CONTROL 10-3. 1 Maintaining Traffic. - Attention is directed to Sections 7-10, "Public Convenience and Safety, " of the Standard Specifications . 10-3 .2 Field Operations. - The Engineer retains the authority to initiate field changes in traffic control to ensure public safety and minimize traffic disruptions . The Contractor shall maintain all traffic control devices in proper working condition 24 hours a day, 7 days a week for the duration of the Work, regardless of whether the subject traffic control devices were originally included in the Contract or were added at the discretion of the Engineer. All traffic control devices shall be removed from view and non-operational when not in use. 10-3 .3 Construction Signing, Lighting and Barricading - Construction signing, lighting and barricading shall be provided on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1996, or subsequent editions in force at the time of construction. These signs and barricades shall be indicated on and be an integral part of the Traffic Control Plan. 10-3 .4 Traffic Access and Control. - The Contractor shall provide and maintain all necessary traffic control to protect and guide traffic around all work in the construction zone. Ali traffic controls shall be clearly posted with signs prior to the commencement of the Work. Local access shall be maintained to all properties fronting the Work at all times . 10-3.5 Pedestrians. - The Contractor shall erect signs and barricades to direct pedestrians through or around the RUTH HARDY PARK SIDEWALK IMPROVEMENTS CITY PROJECT NO.01-28 CONSTRUCTION DETAILS 2/21/02 SPECIAL PROVISIONS -SECTION 10 - PAGE 3 0 construction zone. These signs and barricades shall be an integral part of the Contract . 10-3. 6 Public Safety During Non-Working Hours . - Notwith- standing the Contractor' s primary responsibility for safety at the site of the Work when the Contractor is not present, the Engineer, at his option, after attempting to contact the Contractor, may direct City forces to perform any functions he may deem necessary to ensure public safety at or in the vicinity of the site of the Work. If such procedures are implemented, the Contractor shall be responsible for all expenses incurred by the City. 10-3 . 7 Payment - Payment for traffic control shall be considered as included in the various bid items of work, and no additional compensation will be made therefore. 10-4 EARTHWORK 10-4 .1 Clearing and Grubbing. - All clearing and grubbing shall conform to Sections 300-1 . 1, 300-1 . 2, and 300-1 . 3 of the Standard Specifications . Clearing and grubbing shall consist of removing all existing objectionable natural materials in the area of the proposed Work to the satisfaction of the Engineer. Said objectionable materials shall be hauled away and properly disposed of. 10-•4 . 1, . 1 Existing Facilities. •- I,t shall be the Contractor' s responsibility to protect all existing improvements not designated for removal . Should the Contractor anticipate removal of any sidewalk, handicap ramps, curbs, gutters, driveway approaches, trees, hedges, oleanders, fences, walls, signs, water valves, etc. , that is not slated for removal as part of the Contract, repair and replacement shall be at least equal to the existing improvements prior to such damage, all in accordance with requirements of the Contract Documents . Protection of Existing Irrigation System. - If there is any damage to the existing irrigation system' (piping, risers, irrigation heads, remote control valves, etc. } the Contractor shall repair the irrigation system to the satisfaction of the City Engineer, at the Contractor' s own expense. Protection of Existing Electrical System. - If after the Contractor' s Work there is any damage to the existing electrical system, the Contractor shall repair: the electrical system to the satisfaction of the City Engineer, at the Contractor' s own expense . RUTH HARDY PARK SIDEWALK IMPROVEMENTS CITY PROJECT NO,01-28 CONSTRUCTION DETAILS 2/21/02 SPECIAL PROVISIONS-SECTION 10- PAGE 4 The Contractor shall be responsible for any and all damage done to existing property and adjacent properties during all construction work under this contract, and the Contractor, at its expense, shall make any repairs that result from its operations, to the approval of the Engineer. 10-4 . 1.2 Rights of Way. - The Contractor shall not do any work that would affect any oil, gas, sewer, or water pipeline; any telephone, television, telegraph, or electric transmission line or cable; any fence; or any other structure, nor shall the Contractor enter upon the rights-of-way involved until notified by the Engineer that the City has secured authority therefor from the proper party. After authority has been obtained, the Contractor shall give said party due notice of its intention to begin work, and shall give said party convenient access and every facility for removing, shoring, supporting, or otherwise protecting such improvements and for replacing same. Maintaining in Service: All oil and gasoline pipelines, power, and telephone television, or other communication cable ducts, gas and water mains, irrigation lines, sewer lines, storm drain lines, poles, and overhead power and communication wires and cables encountered along the line of the Work shall remain continuously in service during all the operations under the Contract, unless other arrangements satisfactory to the Engineer are made with the owner of said pipelines, duct, main, irrigation line, sewer, storm drain, pole, or wire or cable. The Contractor shall be responsible for and shall repair all damage due to its operations, and the provisions of this Section shall not be abated even in the event such damage occurs after backfilling or is not discovered until after completion of the backfilling. All repairs to damaged improvements are subject to inspection and approval by an authorized representative of the improvement owner before being concealed by backfill or other work. 10-4 . 1 . 3 Payment - Payment for Clearing and Grubbing shall be considered as included in the various bid items of work, and no additional compensation will be made therefor. 10-4 .2 REMOVALS Disposal Site. - The Contractor shall specify the route and the disposal site of the material that is required to be removed and hauled away. The Contractor shall provide this information at the Pre-Construction Conference. The Contractor shall not stockpile any removals on any adjacent lots, with or without the property owner' s approval. RUTH HARDY PARK SIDEWALK IMPROVEMENTS CITY PROJECT NO.01-28 CONSTRUCTION DETAILS 2/21/02 SPECIAL PROVISIONS - SECTION 10- PAGE 5 0 Asphalt Concrete Pavement - Removal of existing asphalt concrete pavement shall be done to neatly sawed edges, as shown on the plans or as directed by the Engineer: P.C.C. Sidewalk, Curb and Access Ramp: Portland cement concrete shall be removed to neatly sawed edges, with saw cuts made to a minimum depth of one-half the thickness of said concrete, as shown on the plans or as directed by the Engineer. Concrete sidewalk, curb and gutter and access ramps to be removed shall be neatly sawed in straight lines, either parallel to the curb or at right angles to the alignment of the , existing concrete flatwork. Concrete shall be sawcut to the nearest cold joint, weakened plane joint, or expansion joint in all directions, regardless of panel size or the distance from sawcut to joint . Payment. - Payment for removal of asphalt concrete pavement or Portland cement concrete sidewalk, curb or access ramp, shall be considered as included in the Bid item price paid for "Construct Type B Access Ramp" from Additive Bid Schedule C (if awarded) , and which shall, in addition to including full compensation for construction of Type B access ramps, shall include full compensation for sawcutting, removal, and disposal of all resulting materials as shown on the 'plans, and as directed by the Engineer, and no additional compensation will be allowed therefor. 10-4 .3 Unclassified Excavation 10-4 . 3 . 1 Unclassified Excavation. - Unclassified excavation shall consist of all excavations, any flatwork removals, including existing planter areas, unless separately designated. 10-4 . 3 .2 Selected Materials. - The text of Subsection 300-2 . 7 of the Standard Specifications is hereby deleted and replaced with the following: "Selected materials encountered in the excavations within the limits of the Work that conform to the Standard Specifications for base material, trench bedding, backfill, topsoil, or other specified materials shall be used as shown on the Plans, in the Special Provisions, or as directed, by the Engineer. Topsoil excavated may be considered only for the purpose of backfilling areas to be planted. " 10-4 .3 .3 Payment. - Payment for unclassified excavation shall be considered as included in the various bid items of work, and no additional compensation will be made' therefore. 10-4 . 41 Unclassified Fill. 10-4 .41 .1 Unclassified Fill - The Work shall conform to Section 300-4, "Unclassified Fill" of the Standard Specifications . RUTH HARDY PARK SIDEWALK IMPROVEMENTS CITY PROJECT NO.01-28 CONSTRUCTION DETAILS 2/21/02 SPECIAL PROVISIONS - SECTION 10- PAGE 6 0 However, the top 12 inches of subgrade and topsoil shall have a minimum relative compaction of 95 percent . 10-4 . 4 .2 Payment. - Payment for Unclassified Fill shall be considered as included in the various bid items of work, and no additional compensation will be made therefore. 10-5 PORTLAND CEMENT CONCRETE 10-5 .1 Material. Portland Cement Concrete of the class and type shown on City Standard Drawings shall be used to construct new sidewalks and concrete pads . Where class and type are not specified in the standard drawings or plans, Portland Cement Concrete of type 560-C-3250 (6 Sack) shall be used for construction. 10-5.2 Sidewalk and Concrete Pads. Construction of sidewalk shall conform to City of Palm Springs Standard Drawing No. 210 which provides sidewalk thickness requirements and special notes for construction. Concrete pads shall be constructed in accordance with the same requirements as sidewalk, except as modified by the details shown on the plans. Application details and other specifications not explicitly stated or shown in either the Standard Drawings or the Construction Plans shall conform to Section 303-5 of the Standard Specifications . 10-5 .3 Verification of Finish Grade. All new concrete sidewalk and concrete pads shall be constructed a minimum of 1" higher than adjacent grade, with a minimum 1% cross-slope. The Contractor shall be responsible for preparation of subgrade prior to construction of new concrete improvements, and shall ensure appropriate finish grade is provided as shown on the plans . The Contractor shall notify the Engineer if any proposed finish grades will result in ponding or blocking of localized drainage within the park grounds, at which time the Engineer shall direct the Contractor to relocate or modify the location of proposed sidewalks as shown on the plans . 10-5 .4 Curb Ramp. Construction of Portland cement concrete curb ramps shall conform to the City of Palm Springs Standard Drawing Number 213 . Type B curb ramps shall be constructed to the dimensions as specified in the City' s Standard Drawing but, application details and other specifications not explicitly shown or stated in the City' s Standard Drawing, shall conform to Section 303-5 the Standard Specifications. The Contractor shall also construct 6" thick Portland cement concrete pavement adjacent to the curb ramp in that area where existing asphalt concrete pavement was removed, as required to construct the curb ramp. The concrete paving shall be constructed in accordance with the RUTH HARDY PARK SIDEWALK IMPROVEMENTS CITY PROJECT NO.01-28 CONSTRUCTION DETAILS 2/21/02 SPECIAL PROVISIONS -SECTION 10- PAGE 7 Standard Specifications and shall match the sawcut edge of asphalt concrete pavement to the satisfaction of the City Engineer. 10-5 . 5 Vandalism. The Contractor is responsible for protecting all new Portland cement concrete construction from vandalism. All construction of Portland cement concrete shall be conducted under direct supervision of the Contractor' s staff, and shall be monitored until the work has adequately cured and is not susceptible to damage from vandalism. Any vandalism identified on new concrete construction shall be removed and replaced by the Contractor, as required and directed by the City Engineer. 10-5 . 6 Payment. - Payment for construction of Portland cement concrete items will be based on the unit prices bid for the items shown in the bid schedule, for Portland cement concrete items constructed complete in place as shown on the plans, as specified in the standard specifications and in these special provisions and as directed by the Engineer. Payment for construction of sidewalk and pads shall be made at the unit bid price per square foot for "Construct PCC Sidewalk and Pads," for those portions as included in Bid Schedule A, and shall constitute full compensation for preparation of subgrade, clearing and grubbing, grading, removal and disposal of objectionable materials, Portland cement concrete ,materials, and all labor, and no additional compensation will be made therefore. Payment for construction of sidewalk shall be made at the unit bid price per square foot for "Construct PCC Sidewalk," for those portions as included in Additive Bid Schedule C and/or D (if awarded) , and shall constitute full compensation for preparation of subgrade, clearing and grubbing, grading, removal and disposal of objectionable materials, Portland cement concrete materials, and all labor, and no additional compensation will be made therefore . Payment for construction of Type B curb ramps will be made at the unit bid price per ramp for "Construct Type B Curb Ramp," as included in Additive Bid Schedule C (if awarded) , complete in place (including 6" thick Portland cement concrete paving where required) as shown on the plans, as specified in the Standard Specifications and in these special provisions, and as directed by the Engineer, and no additional compensation will be allowed therefore . The Contractor is directed to Section 10-4 . 2 of these Special Provisions and the requirement that payment for removal of existing asphalt concrete pavement ' and Portland cement concrete curb, sidewalk and access ramps shall be considered as included in the price paid for "Construct Type BlCurb Ramp," and no additional compensation will be allowed therefore. RUTH HARDY PARK SIDEWALK IMPROVEMENTS CITY PROJECT NO.01-28 CONSTRUCTION DETAILS 2/21/02 SPECIAL PROVISIONS-SECTION 10 - PAGE 8 0 Payment for Portland cement concrete items shall include full compensation for construction of those items including all material, labor, plant, equipment, furnishing all transportation, hauling, spreading, finishing, and protecting from vandalism, complete in place, in accordance with the standard specifications and these special provisions . No separate payment will be made for grading, preparation of subgrade, furnishing and setting of expansion joint material, disposal of excess materials, removal and replacement of vandalized concrete, and all other appurtenant items for which separate payment is not specifically provided in the bid. 10-6 MISCELLANEOUS FACILITIES 10-6 . 1 Picnic Tables . The contractor shall provide and install disabled access compliant concrete picnic tables at locations shown on the drawings . Picnic tables shall be one piece tables, Type Q-LBT-96PT, by Quick Crete Products Corp. P.O. Box 639, 731 Parkridge Avenue, Norco, CA 92860; Phone: (909) 737-6240, Fax: (909) 737-7032; Website: www. quickcrete. com, or equal, see product description in Appendix. 10-6.2 Grills . The contractor shall provide and install cooking grills at locations shown on the drawings . Grills shall be permanently installed, heavy duty steel grills, with 4 level adjustable height grill surfaces, made by Highland Products Group, Product No. 136-1021, as seen in "The Park Catalog" by Highland Products Group, LLC, 3601 N. Dixie Highway, Suite #12, Boca Raton, FL 33431; (888 ) 447-2401, fax: (561) 620-8668; website : www. theparkcatalog. com, or equal. 10-6 .3 Payment - Payment for providing and installing picnic tables shall be made at the unit price Bid per each for " Provide and Install Picnic Table," as included in Additive Bid Schedule B (if awarded) , and shall include purchasing, obtaining, providing and installing picnic tables, complete and in place, and no additional payment will be allowed therefore . Payment for providing and installing cooking grills shall be made at the unit price Bid per each for " Provide and Install Grill," as included in Additive Bid Schedule B (if awarded) , and shall include purchasing, obtaining, providing and installing cooking grills, complete and in place, and no additional payment will be allowed therefore. 10-7 LANDSCAPING AND IRRIGATION 10-7 . 1 Landscaping Provision. The Contractor shall replace existing landscaping adjacent to all new sidewalk and concrete RUTH HARDY PARK SIDEWALK IMPROVEMENTS CITY PROJECT NO.01-28 CONSTRUCTION DETAILS 2/21/02 SPECIAL PROVISIONS- SECTION 10- PAGE 9 i • pads to the satisfaction of the Engineer. Landscaping replacement may include, but not be limited to: ground cover, turf and gravel . The Contractor may propose alternative means of replacing existing ground cover, subject to the approval of the Engineer. All costs for replacement of existing landscaping shall be considered as included in the various bid items of work in the Bid Schedule, and no additional compensation will be made therefore . 10-7 .2 Existing Irrigation System Modification. - The Contractor shall modify the existing irrigation system if it interferes with the Work, as directed by the Engineer, and in accordance with the currently adopted Uniform Plumbing Code. All spray heads shall be installed above grade on either threaded PVC swing-joint or poly swing pipe. No outlets below grade will be permitted. All heads are to be set back a minimum of 2" from all new concrete sidewalk or pads . Irrigation system modifications shall include all materials, labor, equipment, and services required. Ail costs for irrigation system modifications shall be considered as included in the various bid items of work in the Bid Schedule, and no additional compensation will be made therefore. - END OF SECTION - RUTH HARDY PARK SIDEWALK IMPROVEMENTS CITY PROJECT NO.01-28 CONSTRUCTION DETAILS 2121/02 SPECIAL PROVISIONS -SECTION 10- PAGE 10 CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING DEPARTMENT PART III - APPENDIX RUTH HARDY PARK SIDEWALK IMPROVEMENTS CITY PROJECT NO. 01-28 - CDBG Project Sign - Dust Control Sign - City of Palm Springs Standard Drawing No. 210 - City of Palm Springs Standard Drawing No. 212-A - City of Palm Springs Standard Drawing No. 213 - One Piece Concrete Picnic Table - Federal Supplement - Federal Prevailing Wages RUTH HARDY PARK SIDEWALK IMPROVEMENTS CITY PROJECT NO.01-28 CONTENTS 2/21102 PART III e' ze,eR;M = a TME CITYOF ma a e, . DEPARTMENT MITS(NIG AND ,« , mv o7c M£: RcHARDY PARK - amp 4< I±oJ-ME s g NE E R: CITY Or PALM SPRINGS _ OF PUBLIC VVO R&s a ENGINEERING 2' c�ACT e FUND : L. s «_ » » w AND URBARw CO-MMI:M« DEVELOPMENT a » PROGRAM, FQLAL o UNM- BROWN AFFIRMATIv-t ACTiON EMPLOYEP EXECUTIVE ORDER uP AND m> ! LETTERS OF »U« « DEVELOP-'VENT ACIF x :w: BACKGROUNDTAN C . D , B . G , PPLI. O JE C T SIGN Project Name : RUTH HARDY PARK SIDEWALK IMPROVEMENTS Contractor : ----------------------------- City Project No . 01 - 28 TO REPORT BLOWING DUST FROM THIS PROJECT9 CALL , ( XXX ) xxx o xxxx If you do not get a response within one hour, please call: 8:00 a.m. - 5:00 p.m. Monday through Friday (760) 323-8242 - Palm Springs Building Division After hours of weekends (760) 323-8115 - Palm Springs Police Department Or call A.Q.M.D. 1-800-288-7664 Z O IE m ZONE C.B.D. - FACE OF CURB TO PROPERTY LINE Z ZONES R-2 THRU 8, C, AND M - 8' [_] z ZONE R-1 - 5' :;D A.C. PAVEMENT 4' MIN. ^jI SIDEWALK SLOPE = 1/4" 1' Z ro HILLSIDE STREETS I 2 7 is x " a r M4 m .7DJ FOR FINISH SEE SECTION 4" P. C. CONC. SHALL BE A MINIMUM 3250 LB. 303-5.5 OF THE STD. SPECS. CONCRETE IN ACCORDANCE WITH THE STANDARD CURB & GUTTER FOR PUBLIC WORK CONSTRUCTION SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION OZ xi m Z SEE C.P.S. STD. DWG. 200 LATEST EDITION. LATEST EDITION (560-C-3250, 6 SACK). co NOTES 1. FOR EXPANSION AND WEAKENED PLANE JOINTS SEE SECTION 303-5.4.2 AND 303-5.4.3 OF THE N STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, LATEST EDITION. THE SPACING FOR O n D m m 1" DEEP WEAKENED PLANE JOINTS SHALL BE 10 FEET. SCORING SHALL BE DONE EVERY 5 FEET. -m0 = n n 2. ORNAMENTAL SIDEWALKS SHALL BE ALLOWED IF STRENGTH AND TEXTURE ARE EQUAL TO OR GREATER m ;:D o m x THAN THE PROVISIONS OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, LATEST o m z (D _ EDITION AND ARE APPROVED BY THE PLANNING COMMISSION. < < I l = 3. PALM CANYON DRIVE FROM TRAMWAY TO EAST CITY LIMITS - SIDEWALK FROM FACE OF CURB 70 z c PROPERTY LINE. � z 4. INDIAN CANYON DRIVE FROM CAMINO PAROCELA TO VIA ESCUELA - SIDEWALK FROM FACE OF CURB rrI -0 m TO PROPERTY LINE. 5. STREETS IN EXCESS OF 5 % SLOPE, WITH SIDEWALKS, SHALL HAVE MIN. 6' X 6' LANDING AREAS z o m EVERY 400' WITH A MAXIMUM 2% SLOPE BEHIND THE SIDEWALK. D 6. A MINIMUM 48" CLEAR PATH OF TRAVEL SHALL BE PROVIDED AT ALL OBSTRUCTIONS. m m oT 7. MODIFICATIONS BASED ON SITE-SPECIFIC CONDITIONS SHALL BE REVIEWED BY THE DEVELOPMENT p Z Z o O COMMITTEE. < O D A m m B. SEE ALSO BIKEWAY REQUIREMENTS. o 9. FOR ZONING SEE THE OFFICIAL ZONING MAP OF THE CITY OF PALM SPRINGS. iV o Z io F Co V o Dy O p ^ cz zj� m ti �- Aft NO. REVISIONS mwAPPROVED DATE GENERAL NOTES 1. IF DISTANCE FROM CURB TO BACK OF SIDEWALK IS TOO SHORT TO ACCOMMODATE RAMP AND 4' PLATFORM, THE SIDEWALK MAY BE DEPRESSED LONGITUDINALLY. 2. IF SIDEWALK IS LESS THAN 6' WIDE, THE FILL WIDTH OF THE SIDEWALK SHALL BE DEPRESSED AS SHOWN ON DRAWING NO. 213. 3. RAMPS SHALL HAVE A 12-INCH WIDE BORDER WITH 1/4-INCH GROOVES APPROXIMATELY 3/4-INCH ON CENTERS. (SEE GROOVING DETAIL) 4. CURB RAMPS THAT HAVE A RAMP SLOPE FLATTER THAN 6.67% SHALL HAVE A DETECTABLE WARNING SURFACE (RAISED TRUNCATED DOMES) THAT EXTENDS THE FULL WIDTH OF THE RAMP AND 2' MINIMUM LENGTH. DETECTABLE WARNING SURFACES, AT THE OPTION OF THE CONTRACTOR, CONTRACTOR, SHALL BE CONSTRUCTED BY CAST-IN-PLACE OR STAMPED METHOD, OR CONSIST PREFABRICATED SURFACE 5. WHEN DETECTABLE WARNING SURFACE IS NOT REQUIRED ON A CURB RAMP, THE CONCRETE FINISH OF THE RAMP AND ITS FLARED SIDES SHALL HAVE A TRANSVERSE BROOMED SURFACE TEXTURE ROUGHER THAN THE SURROUNDING SIDEWALK. 6. TRANSITION FROM RAMPS TO WALKS, GUTTERS, OR STREETS, SHALL BE FLUSH AND FREE OF ABRUPT CHANGES. 7. RAMPS IN CURB RETURNS SHALL BE LOCATED IN THE CENTER OF THE CURB RETURN, UNLESS OTHERWISE DIRECTED BY THE CITY ENGINEER. 8. RAMP SIDE SLOPE VARIES UNIFORMLY FROM A MAXIMUM OF 10% AT CURB TO CONFORM WITH LONGITUDINAL SIDEWALK SLOPE ADJACENT TO TOP OF THE RAMP, EXCEPT TYPE B (DWG. NO.). 9. EXISTING CURB FACE HEIGHTS, SIDEWALK AND GUTTER SLOPES AND DIMENSIONS WILL VARY FROM LOCATION TO LOCATION. EXISTING PARAMETERS AND MAXIMUM RAMP SLOPES SHALL CONTROL FINAL HORIZONTAL DIMENSIONS. 10. RAMPS SHALL BE MARKED IN THE FIELD BY THE CONTRACTOR AND APPROVED BY THE CITY ENGINEER PRIOR TO SAW CUTTING. 11. THE CONTRACTOR SHALL COORDINATE THE WORK WITH AFFECTED UTILITY AGENCIES OR OTHER PUBLIC AGENCIES TO RELOCATE ANY INTERFERING UTILITY PULL BOXES, MANHOLES, VAULTS OR UNDERGROUND LIVE OR ABANDONED LINES. 12. THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY DAMAGE CAUSED BY HIM TO EXISTING UTILITIES OR IRRIGATION LINES. 13. THE DETAILS SHOWN IN STD. DWG. NO. 212 ARE BASED UPON CONSTRUCTION WHERE A LEVEL CURB GRADE SITUATION EXISTS. WHERE STREET GRADES SLOPE, STRICT ADHERENCE TO THE MAXIMUM SIDE FLARE SLOPE OF 10 PERCENT MAY NOT BE POSSIBLE TO ACHIEVE. IN SUCH CASES, THE SIDE FLARES WILL BE PERMITTED TO VARY DEPENDING UPON CURB GRADE. THE FOLLOWING TABLE LISTS THE APPROXIMATE SIDE FLARE DIMENSIONS CORRESPONDING TO INCREASING CURB GRADES (FOR 6-INCH AND 8-INCH CURB HEIGHTS) IN ADHERENCE TO A.D.A. MAXIMUM ALLOWABLE SLOPES. SIDE FLARES IN EXCESS OF 20 FEET WILL NOT BE REQUIRED. CURB GRADE 6-INCH CURBS 8-INCH CURBS DOWNHILL SIDE UPHILL SIDE DOWNHILL SIDE UPHILL SIDE 0 (LEVEL) 4.0 FT. 4.0 FT. 5.0 FT. 5.0 FT. 2 PERCENT 4.0 FT. 4.4 FT. 5.0 FT. 6.0 FT. 4 PERCENT 4.0 FT. 5.4 FT. 4.0 FT. 7.4 FT. 6 PERCENT 4.0 FT. 7.1 FT. 4.0 FT., 9.6 FT. 8 PERCENT 4.0 FT. 10.2 FT. 4.0 FT. 13.9 FT. 10 PERCENT 4.0 FT. 18.3 FT. 4.0 FT. 20.0 FT. 12 PERCENT 4.0 FT. 20.2 FT. 4.0 FT. 20.0 FT. CITY OF PALM SPRINGS APPROVED: �j ENGINEERING DEPARTMENT o DATE: 28931 CITY ENGINEER R.C.E. CURB RAMP - GENERAL NOTES DRAWN BY: G.F.F. FILE NO. STANDARDS CHECKED BY: M.V.H DWG. No. 212-A Ask N0. REVISIONS • APPROVED DATE TRUNCATED DOMES REQUIRED IF RAMP VARIABLE HEIGHT SLOPE IS LESS THAN 6.67% (FULL WIDTH I RETAINING CURB, IF OF RAMP AND 2' MINIMUM LENGTH) 5' —►1 NECESSARY AT EDGE OF B I SIDEWALK r x - 12" (TYP.) EXISTING P.C.C. SIDEWALK 8.33% MAXI (TYP.) N I SEE NOTE NO.3 OF STD. DWG. 212A A P.C.C. I A EXIST. CURB AND GUTTER - FACE OF CURB (OR MONOLITHIC CROSS-GUTTER) 4" OVERCUT B APPROX. 3/4" EXISTING p\�1 CROSSWALK N f 1/4�': "• " EXIST. FCC SIDEWALK GROOVING DETAIL TOP OF VARIABLE HEIGHT RETAINING CURB (IF NECESSARY) N . 15/6' o 8.33% Mom' - �- 4" (TYP.) I�— ►I O O O 0=91�— SECTION A-A n @ @ Q O EXIST. PCC CURB AND RAISED TRUNCATED IL EXIST. PCC SIDEWALK GUTTER (OR MONOUTHIC `� CROSSGUTTER) DOME PATTERN 1 - - - - -- -� 2x MAX. —y :. . .. . CI_ 4" OVERCUT I MATCH EXIST. PCC VARIABLE HEIGHT RETAINING GUTTER 6 MIN. CURB, IF NECESSARY NOTE: SECTION B-13 THICKNESS) 1. SEE C.P.S. STD. DWG. 212-A FOR GENERAL NOTES 2. P.C. CONCRETE SHALL BE MINIMUM 560-C-3250 CONCRETE IN ACCORDANCE 'MTH THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, 2000 EDITION (6 SACK). N.T.S. CITY OF PALM SPRINGS APPROVEDAPPROVED�DATE: }/� ENGINEERING DEPARTMENT 8931 CITY ENGINEER R.C.E FILE . CURB RAMP DETAIL - TYPE B DRAWN BY: G.F.F. N0. STANDARDS CHECKED BY: M.V.H. DWG, N0. 213 y1 PICNIC TABLES ;Ji �vfi ':AC iN Q-Lirr-96 PT ONL 1' ECE CONSTRUCTION, • 5000 PSI C"t xNCRE 1 Nl) ASSFsk113LY REQUIRED RL1N OR(_LI) 11 Hil RKRAR. WIA D! 1) 11 IRE ,AO ANC:HORINO NF(TSSARY h'IFSH S_ NYLON PILLRS 1-IL'.1u FS OR All. STNI k:AND • 3 COATS OF GRAFFITI RES1S]A'� 151 11 1 R FEDERAL DISABLIA) W HEELC' 4AIR • 5 YEAR GUARAN-1'17 �C'C'I;,SSIli1L.1'1"ti' R1i(1L,P112.15 11 N !'S. • 1Wi 1GF1T: 2600 lips. x 0 0 Federal Labor Standards Provisions U.S.Department of Housing and Urban Development Applicability The Project or Program to which the construction work covered by istration, U.S. Department of Labor, Washington, D.C. 20210. The this contract pertains is being assisted by the United States of America Administrator, or an authorized representative, will approve, modify, and the following Federal Lobar Standards Provisions are included in or disapprove every additional classification action within 30 days of this Contract pursuant to the provisions applicable to such Federal receipt and so advise HUD or its designee or will notify HUD or its assistance. designee within the 30-day period that additional time is necessary. A. 1. (1) Minimum Wages. All laborers and mechanics employed (Approved by the Office of Management and Budget under OMB con- or working upon the site of the work(or under the United States Hous- troll number 1215-0140.) ing Act of 1937 or under the Housing Act of 1949 in [lie construction (c) In the event the contractor, the laborers or mechanics to be am- or development of the project), will be paid unconditionally and not played in the classification or their representatives, and HUD or its less often than once a week,and without subsequent deduction or re- designee do not agree on the proposed classification and wage rate bate on any account(except such payroll deductions as are permitted (including the amount designated for fringe benefits, where appropri- by regulations issued by the Secretary of Labor under the Copeland ate),HUD or its designee shall rotor the questions,including the views Act (29 CFR Part 3), the full amount of wages and bona fide fringe of all interested parties and the recommendation of HUD or its desig- benefits (or cash equivalents thereof@ due at time of payment cam- nee,to the Administrator for determination. The Administrator, or an pitted at rates not less than those contained in the wage determination authorized representative, will issue a determination within 30 days of the Secretary of Labor which is attached hereto and made a part of receipt and so advise HUD or its designee or will notify HUD or its hereof, regardless of any contractual relationship which may be al- designee within the 30-day period that additional time is necessary. leged to exist between the contractor and such laborers and mechan- (Approved by the Office of Management and Budget under OMB Con- ics. Contributions made or costs reasonably anticipated for bona fide trot Number 1215-0140.) fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on be. (d) The wage rate (including fringe benefits where appropriate) Be- half of laborers or mechanics are considered wages paid to such la- ternined pursuant to subparagraphs (1)(b) or (c) of this paragraph, borers or mechanics,subject to the provisions of 29 CF13-53(a)(1)(iv); shall be paid to all workers performing work in the classification un- also, regular contributions made or costs incurred for more than a der this contract from the first day on which work is performed in the weekly period (but not less often than quarterly) under plans, funds, classification. or programs,which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. (➢➢i) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not Such laborers and mechanics shall he paid the appropriate wage rate expressed as an hourly rate, the contractor shall either pay the benefit and fringe benefits on the wage determination far the classification of as stated in the wage determination or shall pay another bona fide work actually performed, without regard to skill, except as provided fringe benefit or an hourly cash equivalent thereof. in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified (iv) If the contractor does not make payments to a trustee or other for each classification for the time actually worked therein: Provided, third person, the contractor may consider as part of the wages of any That the employer's payroll records accurately set forth the time spent laborer or mechanic the amount of any costs reasonably anticipated in each classification in which work is performed. The wage determi. in providing bona fide fringe benefits under a plan or program, Pro- nation (including any additional classification and wage rates con- vided, That the Secretary of Labor has found, upon the written re- formed under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster quest of the contractor, that the applicable standards of the Davis- (WH-1321)shall be posted at all times by the contractor and its sub- Bacon Act have been met. The Secretary of Labor may require the contractors at the site of the work in a prominent and accessible,place contractor to set aside in a separate account assets for the meeting of where it can be easily seen by the workers. obligations under the plan or program. (Approved by the Office of (ii) (a) Any class of laborers or mechanics which is not listed in the Management and Budget under OMB Control Number 1215-0140.) wage determination and which is to be employed under the contract 2, Withholding. HUD or its designee shall upon its own action or shall be classified in conformance with the wage determination. HUD upon written request of an authorized representative of the Depart- shall approve an additional classification and wage rate and fringe mint of Labor withhold or cause w be withheld from the contractor benefits therefore only when the following criteria have been met: under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis- (1) The work to be performed by the classification requested is not Bacon prevailing wage requirements,which is held by the same prime performed by a classification in the wage determination; and contractor so much of the accrued payments or advances as may be (2) The classification is utilized in the area by the construction in- considered necessary to pay laborers and mechanics, including ap- dustry; and prentices, trainees and helpers, employed by the contractor or any (3) The proposed wage rate,including any bona fide fringe benefits, subcontractor the full amount of wages required by the contract In the bears a reasonable relationship to the wage rates contained in the wage event of failure to pay any laborer or mechanic,including any appren- determination. tice, trainee or helper, employed or working on the site of the work (b) If the contractor and the laborers and mechanics to be employed (or under the United States Housing Act of 1937 or under the Housing in the classification(if known), or their representatives, and HUD or Act of 1949 in the construction or development of the project), all or its designee agree on the classification and wage rate (including the part of the wages required by the contract,HUD or its designee may, amount designated for fringe benefits where appropriate), a report of after written notice to the contractor, sponsor, applicant, or owner, the action taken shall be sent by HUD or its designee to the Adminis- take such action as may be necessary to cause the suspension of any trator of the Wage and Hour Division, Employment Standards Admin- further payment, advance, or guarantee of funds until such violations form HUD-4010(2/84) Previous edition Is obsolete Page 1 of 4 ref.Handbook 1344.1 have ceased. HUD or its designee may, after written notice to the (3) That each laborer or mechanic has been paid not less than the contractor,disburse such amounts withheld for and on account of the applicable wage rates and fringe benefits or cash equivalents for the contractor or subcontractor to the respective employees to whom they classification of work performed, as specified in the applicable wage are due. The Comptroller General shall make such disbursements in determination incorporated into the contract. the case of direct Davis-Bacon Act contracts. (c) The weekly submission of a properly executed certification set 3. (i) Payrolls and basic records. Payrolls and basic records relat- forth on the reverse side of Optional Form WH-347 shall satisfy the ing thereto.shall be maintained by the contractor during the course of requirement for submission of the"Statement of Compliance"required the work preserved for a period of three years thereafter for all labor- by paragraph A.3.(ii)(b) of this section. ors and mechanics working at the site of the work(or under the United (d) The falsification of any of the above certifications may subject "- States Housing Act of 1937. or under the Housing Act of 1949,in the the contractor or subcontractor to civil or criminal prosecution under construction or development of the project), Such records shall con- Section 1001 of Title 18 and Section 231 of Title 31 of the United -- fain the name,address,and social security number of each such worker, States Code. his or her correct classification,hourly rates of wages paid(including (ili) The contractor or subcontractor shall make the records required -- rates of contributions or costs anticipated for bona fide fringe ben- under paragraph A.3.(i)of this section available for inspection,copy- efits or cash equivalents thereof of the types described in Section ing, or transcription a authorized representatives t HUD ep its des- I(b)(2)(B)of the Davis-bacon Act),daily and weekly number of hours _ ignee�or the Department of Labor, and shall permit such rresenta- worked, deductions made and actual wages paid. Whenever the Sec- tives to interview employees during working hours on the job. If the retary of Labor has found under 29 CFR 5.5 (a)(1)(iv)that the wages contractor or subcontractor fails to submit the required records or to of any laborer or mechanic include the amount of any costs reason- make them available,HUD or its designee may, after written notice to ably anticipated in providing benefits under a plan or program de- the contractor, sponsor, applicant or owner, take such action as may scribed in Section I(b)(2)(B) of the Davis-Bacon Act, the contractor be necessary to cause the suspension of any further payment advance, shall maintain records which show that the commitment to provide or guarantee of funds, Furthermore, failure to submit the required such benefits is enforceable, that the plan or program is financially records upon request or to make such records available may be grounds responsible, and that the plan or program has been communicated in for debarment action pursuant to 29 CFR Part 5.12. writing to the laborers or mechanics affected,and records which show " the costs anticipated or the actual cost incurred in providing such ben- 4. Apprentices and Trainees. efits. Contractors employing apprentices or trainees under approved (i) Apprentices. Apprentices will be permitted to work at less than programs shall maintain written evidence or the registration of ap- the predetermined rate for the work they performed when they are prenticeship programs and certification of trainee programs, the reg- employed pursuant to and individually registered in a bona fide ap- — istration of the apprentices and trainees,and the ratios and wage rates prenticeship program registered with the U.S. Department of Labor, prescribed in the applicable programs. (Approved by the Office of Employment and Training Administration, Bureau of Apprenticeship Management and Budget under OM B Control Numbers 1215-0140 and Training, or with a State Apprenticeship Agency recognized by and 1215-0017.) the Bureau, or if a person is employed in his or her first 90 days of (ii) (a) The contractor shall submit weekly for each week in which probationary employment as an apprentice in such an apprenticeship any contract work is performed a copy of all payrolls to HUD or its program, who is not individually registered in the program, but who designee if the agency is a party to the contract, but if the agency is has been certified by the Bureau of Apprenticeship and Training or a not such a party, the contractor will submit the payrolls to the appli- State Apprenticeship Agency (where appropriate) to be eligible for cant sponsor, or owner, as the case may be, for transmission to HUD probationary employment as an apprentice. The allowable ratio of or its designee. The payrolls submitted shall set out accurately and apprentices to journeymen on the job site in any craft classification completely all of the information required to be maintained under 29 shall not be greater than the ratio permitted to the contractor as to the CFR Part 5.5(a)(3)(i).This information may be submitted in any form entire work force under the registered program. Any worker listed on desired. Optional Form WH-347 is available for this purpose and a payroll at an apprentice wage rate, who is not registered or other- may be purchased from the Superintendent of Documents (Federal wise employed as stated above, shall be paid not less than the appli- Stock Number 029-005-00014-1), U.S. Government Printing Office, cable wage rate on the wage determination for the classification of Washington, DC. 20402. The prime contractor is responsible for the work actually performed. In addition,any apprentice performing work submission of copies of payrolls by all subcontractors. (Approved by on the job site in excess of the ratio permitted tinder the registered the Off ice of Management and Budget under OMB Control Number program shall be paid not less than the applicable wage rate on the - 1215-0149.) wage determination for the work actually performed. Where a con- (b) Each payroll submitted shall be accompanied by a"Statement of tractor is performing construction on a project in a locality other than — Compliance," signed by the contractor or subcontractor or his or her that in which its program is registered, the ratios and wage rates (ex- pressed in percentages of the journeyman's hourly rate) specified in agent who pays o[ supervises the payment of the persons employed the contractor's or subcontractor's registered program shall be ob- under the contract and shall certify the following: served. Every apprentice must be paid at not less than the rate speci- (1) That the payroll for the payroll period contains the information fied in the registered program for the apprentice's level of progress, required to be maintained under 29 CFR Part 5.5 (a)(3)(i) and that expressed as a percentage of the journeymen hourly rate specified in such information is correct and complete; the applicable wage determination. Apprentices shall be paid fringe — (2) That each laborer or mechanic(including each helper,apprentice, benefits in accordance with the provisions of the apprenticeship pro. and trainee) employed on the contract during the payroll period has gram.: If the apprenticeship program does not specify fringe benefits, _ been paid the full weekly wages carried, without rebate, either di- apprentices must be paid the full amount of fringe benefits listed on rectly or indirectly, and that no deductions have been made either the wage determination for the applicable classification. If the Ad- directly or indirectly from the full wages earned, other than permis. ministrator determines that a different practice prevails for the appli. sible deductions as set forth in 29 CFR Part 3; cable,apprentice classification, fringes shall be paid in accordance form HUD-4010(2184) Previous edition Is obsolete Page 2 of 4 rel.Handbook 1344.1 with that determination. In the event the Bureau of Apprenticeship resolved in accordance with the procedures of the Department of La- and Training, or a State Apprenticeship Agency recognized by the bor set forth in 29 CFR Puts 5,6,and 7.Disputes within the meaning _ Bureau, withdraws approval of an apprenticeship program, the con- of this clause include disputes between the contractor (or any of its tractor will no longer be permitted to utilize apprentices at less than subcontractors) and HUD or its designee,the U.S. Department of La- the applicable predetermined rate for the work performed until an her, or the employees or their representatives. -- acceptable program is approved. 10. (1) Certification of Eligibklity. By entering into this contract (ii) Trainees. Except as provided in 29 CFR 5.16, trainees well not the contractor certifies that neither it(nor he or she)nor any person or be permitted to work at less than,the predetermined rate for the work firm who has an interest in the contractor's firm is a person or firm performed unless they are employed pursuant ',to and 'individually ineligible to be awarded Government contracts by virtue of Section — registered in a program which has received prior approval, evidenced 3(a) of the Davis-Bacon Act or 29 CFR 5,12(1)(1) or to be awarded by formal certification by the U.S. Department of Labor, Employ- HUD contracts a"participate in :HUD programs pursuant to 24 CFR ment and Training Administration. The ratio of trainees to journey- Part 24. men on the job site shall not be greater than permitted under the plan (ii) No part of this comract shall be subcontracted ro any person or approved by the Employment and Training Administration. Every firm ineligible for award of a Government contract by virtue of Sec- trainee must be paid at not less than the rate specified in the approved tion 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded _ program for the trainee's level of progress, expressed as a percentage HUD contracts or participate in MUD programs pursuant to 24 CFR of the journeyman hourly rate specified in the applicable wage deter- Part 24. mination. Trainees shall be paid fringe benefits in accordance with _ the provisions of the trainee program. If the trainee program does not (rif) The penalty for making false statements is prescribed in the U.S. mention fringe benefits,trainees shall be paid the full amount of fringe Criminal Code, 18 U.SC. 1001. Additionally, U.S. Criminal Code, benefits listed on the wage determination unless the Administrator of Section 1 0, Title 18, U.S.C., "Federal Housing Administration the Wage and Hour Division determines that there is an apprentice- ship transactions", , provides in part: "Whoever,for the purpose of. . . in program associated with the corresponding journeyman wage rate fHuencing in any way the action of such Administration...., makes, on the wage determination which provides for less than fall fringe utters or publishes any statement knowing the same to be false..... benefits for apprentices. Any employee listed on the payroll at a trainee shall be fined not more than $5,000 or imprisoned not more than two — rate who is not registered and participating in a training plan approved years, or both" by the Employment and Training Administration shall be paid not Bess 11. Complaints, Proceedings, or Testlmouay by Employees. No than the applicable wage rate on the wage determination for the work laborer or mechanic to whom the wage, salary, or other labor stan- actually performed. In addition, any trainee performing work on the dards provisions of this Contract are applicable shall be discharged or job site in excess of the ratio permitted under the registered program in any other manner discriminated against by the Contractor or any shall be paid not less than the applicable wage rate on the wage deter- subcontractor because such employee has filed any complaint or in- mination for the work actually performed. In the event the Employ- stituted or caused to be instituted any proceeding or has testified or is went and Training Administration withdraws approval of a training about to testify in any proceeding under or relating to the labor stan- program,the contractor will no longer be permitted to utilize trainees dards applicable under this Contract to his employer. at less than the applicable predetermined rate for the work performed until an acceptable program is approved. B. Coatroct Work Hours and Safety Standards Act. As used in - (iii) Equal employment opportunity. The utilization of appren- this paragraph, the terms "laborers"and "mechanics" include watch- tices, trainees and journeymen under this part shall be in conformity men and guards.with the equal employment opportunity requirements of Executive 0) Overtime requirements. No contractor or subcontractor con- Order 11246, as amended, and 29 CFR Part 30. tracting for any part of the contract work which may require or in- 5. Compliance with Copeland Act requirements. The contractor volve the employment of laborers or mechanics shall require or per- shall comply with the requirements of 29 CFR Part 3 which are incor- mit any such laborer or mechanic in any workweek in which he or she porated by reference in this contract is employed on such work to work in excess of eight hours in any 6. Subcontracts. The contractor or subcontractor will 'insect in any calendar day or in excess Of forty hours in such workweek unless such subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) laborer or mechanic receives compensation at a rate not less than one and such other clauses as HUD or its designee may by appropriate and one-half times the basic rate of pay for all hours worked in excess instructions require, and also'a clause requiring the subcontractors to of eight hours in any calendar day or in excess of forty hours in such include these clauses in any lower tier subcontracts. The prime con- workweek, whichever is greater. tractor shall be responsible for the compliance by any subcontractor (2) Vk ilirdou; Nubility for unpaid wages; liquidated damages. In or lower tier subcontractor with ail the contract clauses in 29 CFR the event of any violation of the clause set forth in subparagraph (I) Part 5.5. of this paragraph, the contractor and any subcontractor responsible - 7. Contract termination; debarment. A breach of the contract therefor shag be liable for the unpaid wages. in addition, such con- clauses in 29 CFR 5.5 may be grounds for termination of the contract tractor and subcontractor shall be liable to the United States (in the and for debarment as a contractor and a subcontractor as provided in case of work done under contract for the District of Columbia or a 29 CFR 5.12. territory, to such District or to such territory), for liquidated dam. 8. Compliance with Davis-Bacon and Related Act Requirements. All ages. Such liquidated damages shall be computed with respect to rulings and interpretations of the Davis-Bacon and Related Acts con- each individual laborer or mechanic,including watchmen and guards, tained in 29 CFR Parts 1, 3, and 5 are herein incorporated by refer- employed in violation of the clause set forth in subparagraph (1) of rice in this contract this paragraph,in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of eight hours -- 9. Disputes concerning labor standards. Disputes arising out of or in excess of the standard workweek of forty hours without payment the labor standards provisions of this contract shall not be subject to of the overtime wages required by the clause set forth in sub para- — the general disputes clause of this contract. Such disputes shall be graph (1)of this paragraph. form HUD-4010(2/84) - Previous edition is obsolete Page 3 of 4 ref.Handbook 1344.1 (3) Withholding for unpaid wages and liquidated damages. HUD C. Health and Safety or its designee shall upon its own action or upon written request of an (1) No laborer or mechanic shall be required to work in surroundings authorized representative of the Department of Labor withhold orcause or under working conditions which are unsanitary,hazardous,or dan- to be withheld, from any moneys payable on account of work per- gerous',to his health and safety as determined under construction safety formed by the contractor or subcontractor under any such contract or and health standards promulgated by the Secretary of Labor by regu- any other Federal contract with the same prime contract, or any other lation. Federally-assisted contract subject to the Contract Work Hours and (2) The Contractor shall comply with all regulations issued by the Safety Standards Act which is held by the same prime contractor such Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 151 sums as may be determined to be necessary to satisfy any liabilities 8) and failure to comply may result in imposition of sanctions pursu- of such contractor or subcontractor for unpaid wages and liquidated ant to the Contract Work Hours and Safety Standards Act(Public Law damages as provided in the clause set forth in subparagraph(2)of this 91-54, 83 Stat 96). paragraph. (3) The Contractor shall include the provisions of this Article in ev- (4) Subcontracts. The contractor or subcontractor shall insert in any ery subcontract so that such provisions will be binding on each sub- subcontracts the clauses set forth in subparagraph (1) through (4) of contractor. The Contractor shall take such action with respect to any this paragraph and also a clause requiring the subcontractors to in- subcontract as the Secretary of Housing and Urban Development or — clude these clauses in any lower tier subcontracts. The prime con- the Secretary of Labor shall direct as a means of enforcing such pro- tractor shall be responsible for compliance by any subcontractor or visions. lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. form HUD4010(2104) Previous edition is obsolete Page 4 of 4 ref.Handbook 1344.1 SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 AS AMENDED 24 CFR PART 135 ECONOMIC OPPORTUNITIES FOR LOW-AND VERY LOW-INCOME PERSONS CONTRACT REQUIREMENT'S EFFECTIVE .II1LY I91.994 The amendments to Section 3 of the housing Act of 1968 saapersede tine Section 3 requirements as contained in the General Conditions of the Contract for Construction, Administrative Requirements.Equal Opportunity for Businesses and Loawer-•Income Persons. Section 3.Contract Forms 0 1'0 rile iuSi.it I FD 1tN A[.l. e,e>N riz:�c rS rt�iz Sia:� leis SECTION 3 CLAUSE A. The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greater extent feasible, be directed to low-and very low- income persons, particularly persons who are recipients of HUD assistance for housing. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u(section 3). B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization of workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled(1) after the contractor is selected, but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be'directed, were not filled to circumvent the contractor's obligations under 24 CFR part f 35. Section 3.Form 4 l 0/97 0 F. 1lo lick)[lip IIancc wuh l *1)'s regutauons in '-4 C fK part 13� may result in sanctions, termination of this contract tier default, and debarment or suspcnsion,from tu(nre EIIJD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 45Oe) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shalt be given to Indian organizations and Indian- owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7 (b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7 (b). SECTION 3 GOALS A. During the term of this contract,when a person is hired to a full time position to work all or part of their time on activities funded or generated in whole or in part by this contract, Contractor and subcontractors commit to employ Section 3 residents as: 30 percent of the aggregate number of new hires for the one year period beginning in HUD Fiscal Year 1998 (September 1, 1998 - October 31, 1999) and continuing thereafter. B. Preference shall be provided to the hiring of Section 3 residents in the following order of priority: 1. Residents of the housing development or developments for which the Section 3 covered assistance is expended (Category 1 Residents); 2. Residents of other housing developments managed by the Dousing Authority (Category 2 Residents); 3. Participants in a DUI) Youthbuild Program in Riverside or San Bernardino County (Category 3 Residents); 4. Other Section 3 residents (Category 4 Residents). C. Should contractor and/or subcontractors contract out any portion or all of the work, then contractor and/or subcontractors commit to award to Section 3 business concerns(where they exist): Section 3 Form 4 10197 s • I . At least 10 percent of the total dollar amount of all Section 3 covered contracts for building trades work for housing maintenance, repair, modernization, or development, or tier building trades work arising in connection with housing rehabilitation. housing construction and other public construction. 3. At least 3 percent of the total dollar amount of all other Section 3 covered contracts. D. A Section 3 Resident is a person living in San Bernardino or Riverside County who is a Public Housing resident or who is low income E. Low-income Persons mean families (including single persons) whose income does not exceed 80 percent of the median income, as adjusted by HUD, for Riverside and San Bernardino Counties. F. &ction 3 Business Concern means a business where: 1. 51 percent or more is owned by Section 3 residents; or 2. 30 percent of the permanent full-time employees are currently Section 3 residents or were Section 3 residents when first hired (if within the past three years); or 3. The business commits in writing to subcontract over 25 percent of the total dollar amount of all subcontracts to be let to businesses that meet the requirements of paragraphs 1 and 2 of this definition; AND , The Business was formed in accordance with state law and is licensed under state, county, municipal law to engage in the busmi ess activity for which it was formed. Section 3.Form 4 10/97 HUD LOW-INCOME LIMITS—March 29, 2001 Family r Income erson'sAnuuall Mgathl Wgekl Flonrl _ 1 $27,950 $2,329.17 $537.50 $13.44 2 $31,950 $2,662.50 $614.42 $15.36 3 $35,950 $2,995.83 $656.73 $16.42 4 $39,900 $3,325.00 $767.31 $19.18 5 $43,100 $3,591.67 $828.85 $20.72 6 $46,300 $3,858.33 $890.38 $22.26 $49,500 $4,125.00 E$951.92 $23.80 $529700 $4,391.67 6 $25.34 Monthly Income x 12 =Annual Income Weekly Income x 52 =Annual Income Hourly Income x 2,080=Annual Income Annual Income Limit is increased by$2,700 for each person over 10 persons in the family. NOTE: The hourly income limit is based on full time (2,080 hours/year) employment. If employee did not work full time for the previous year, use total annual income as the limit. 0 0 CONTRACTOR CERTIFICATION REGARDING STATUS AS A SECTION 3 BUSINESS CONCERN 1, hereby certify that the business entity (print name and title) known as (print business name) is not a Section 3 business. (Please complete the bottom section.) is a Section 3 business because (check one of the following:) 51 percent or more is owned by Section 3 residents; or 30 percent of the permanent full-time employees are currently Section 3 residents or were Section 3 residents when first hired(if within the past three years); or The business commits in writing to subcontract over 25 percent of the total dollar amount of all subcontracts to be let to businesses that meet the requirements of paragraphs 1 and 2 of this defmition; AND The business was formed in accordance with state law and is licensed under state, county, or municipal law to engage in the business activity for which it was formed. A Section 3 Resident is a person living in San Bernardino or Riverside County who is a Public Housing resident or who is low income. Low-Income Persons mean families (including single persons) whose income does not exceed 80 percent of the median income, as adjusted by HUD, for Riverside and San Bernardino Counties. (See next page.) • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Signature Business Address Date Phone No. (� Project $ Section 3,Certification Category 2198 Section 3 Contractor/Sub-Contractor Monthly Compliance Report INI)IVIDUAI, NEW HIRES (submitted with each payroll) Company Contact Person Project Description Project No. CAI Report Period: From to Program Code (see bottom of page) ANY NEW HIRES? ❑ No If no, please sign and date the bottom of the form. ❑ Yes If yes, please complete the following information: 1. Name Date Hired Part Time Full Time Address Street City State Zip Job/Craft/Trade Public Housing Resident? Yes No *Income Qualified?(see *below)Yes No Section 3 Resident? Yes No Preference Priority Code(see below) Racial Ethnic Code(see below) 2. Name Date Hired Part Time Full Time Address Street City State Zip Job/Craft/Trade Public Housing Resident? Yes No *Income Qualified?(see *below)Yes No Section 3 Resident? Yes No Preference Priority Code (see below) Racial Ethnic Code(see below) Income Qualified• Persons in Household 1 2 3 4 5 6 7 8 Total Family Income $27,950 $31,950 $35,950 $39,900 $43,100 $46,300 $49,500 $52,700 (last 12 months) *New Hire is income qualified as a Section 3 resident if his/her total family income is less than the family income shown above for his/her household size. Proeram ode • Preference PriorityCodes; Racial Ethnic Codes: 3. Public Housing 1. Site Resident I. White American a. Development 2. Other Housing Authority Residents 2. Black American b. Operation 3. HUD Youthbuild Participant 3. Native American c. Modernization 4. Other Low-Income Persons 4. Hispanic American 5. None 5. Asian Pacific American Section 3. Form 6 Signature Date 2/98 CONTRACTOR(S) CERTIFICATION ON FEDERAL CONTRACT REQUIREMENTS I hereby certify that I have reviewed the diversified Federal construction contract and related requirements imposed on the Contractor(s) of HUD funded construction projects, and fully understand all my obligations if the project is awarded to me. City Project No. Contract Amount Date Project Title Contractor Signature Address Telephone • 0 CERTIFICATION OF BIDDER REGARDING SEGREGATED FACILITIES The undersigned hereby certifies that no segregated facilities will be maintained. City Project No. Contract Amount Date Project Title Contractor Signature Address Telephone 0 GENERAL DECISION CA010036 12/28/2001 CA36 Date: December 28, 2001 General Decision Number CA01003G Superseded General Decision No. CA000036 State: California Construction Type: BUILDING DREDGING HEAVY HIGHWAY County(ies) : RIVERSIDE BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work) ; HEAVY CONSTRUCTION PROJECTS (does not include water well drilling) ; HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 03/02/2001 1 03/09/2001 2 03/16/2001 3 03/23/2001 4 04/13/2001 5 06/01/2001 6 07/27/2001 7 08/10/2001 8 08/31/2001 9 09/21/2001 10 09/28/2001 11 10/26/2001 12 11/02/2001 13 11/09/2001 14 ll/16/2001 15 12/28/2001 u Diver, wet • 486.08 per day 5.61� Diver, stand-by 243 .04 per day 5.61 Diver tender 235.04 per day 5.61 ---------------------------------------------------------------- CARP0002Q 07/01/1999 Rates Fringes DRYWALL INSTALLERS: Work on wood-framed apartment buildings under 4 stories 19.00 6.33 All other work 25.75 6.33 DRYWALL STOCKER/SCRAPPER 10.00 5.32 ---------------------------------------------------------------- CARP0003E 07/01/1998 Rates Fringes CARPENTERS: Work on wood frame, tilt up or concrete block construction including but not limited to: shopping centers, stores, office buildings, fast food establishments, also including curb, gutter and sidewalks where the total cost of the project does not exceed seven and one-half million ($7,500, 000.00) dollars. CARPENTERS: Carpenter, cabinet installer, insulation installer, floor worker and acoustical installer 22.75 6,28 Shingler 22.88 6.28 Roof loader of shingles 15.42 6.28 Saw filer 22.83 6.28 Table power saw operator 22.85 6.28 Pneumatic nailer or power stapler 23.00 6.28 Fence builder 20.30 6.28 Millwright 23.25 6.26 Pile driver; Derrick barge; Bridge or dock carpenter; Cable splicer; Heavy framer; Rockslinger 22.88 6.28 Head rockslinger 22.98 6.28 Rock barge or scow 22.78 6.28 Scaffold builder 17.00 6.28 All other work: CARPENTERS: Carpenter, cabinet installer, insulation installer, floor worker and acoustical installer 24.75 6.28 Shingler 24.88 6 .28 Roof loader of shingles 17.42 6 .28 Saw filer 24.B3 6 .28 Table power saw operator 24.85 6.28 Pneumatic nailer or power stapler 25.00 6.28 Fence builder 22.30 6.28 Millwright 25.25 6 .28 Pile driver; Derrick barge; Bridge or dock carpenter; Cable splicer; Heavy framer; Rockslinger 24.88 6.28 Head rockslinger 24.98 6.28 Rock barge or scow 24.78 6.28 Scaffold builder 19.00 6.28 FOOTNOTE: Work of forming in the construction of open cut sewers or storm drains, on operations in which horizontal lagging is used in conjunction with steel H-Beams driven or placed in pre-drilled holes, for that portion of a lagged trench against which concrete is poured, namely, as a substitute for back forms (which work is performed by piledrivers) : $0.13 per hour additional. ---------------------------------------------------------------- CARP0003H 07/01/2001 Rates Fringes MODULAR FURNITURE INSTALLER 14.99 5.805 LOW WALL MODULAR TECHNICIAN 18.22 5.805 FULL WALL TECHNICIAN 21.47 5.805 ---------------------------------------------------------------- * ELEC0011C 12/01/2001 Rates Fringes COMMUNICATIONS AND SYSTEMS WORK: Installer 22.13 3% + 4.40 Technician 23.93 3% + 4.40 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, nurse call systems, radio page, school intercom and sound, burglar alarms, fire alarm (see last paragraph below) and low voltage master clock systems in commercial buildings. Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. 0 Does not cover work performed at China Lake Naval Ordnance Test Station. Fire alarm work shall be performed at the current inside wireman total cost package. ---------------------------------------------------------------- * ELEC0440A 11/29/1999 Rates Fringes ELECTRICL4N 25.43 31 + 9.11 CABLE SPLICER 25.93 3% + 9.11 ZONE PAY: Zone A: Zone A: Free travel zone for all contractors performing work in Zone A. Zone B:Any work performed in Zone (B) shall add $8.00 per hour to the current wage scale. Zone (B) shall be the area from the eastern perimeter of Zone (A) to a line which runs north and south beg.ininng at Little Morongo Canyon (San, Bernardino/Riverside County Line) , Southeast along the Coachella Tunnels, Colorado River Aqueduct and Mecca Tunnels to Pinkham Wash the South to Box Canyon Road, then southwest along Box Canyon Road to Highway 195 west onto 195 south to Highway 86 to Riverside/Imperial County Line. --------- ------------------------------------------------------- * ELEC1245C 06/01/2000 Rates Fringes OUTSIDE iT,CILITY TRANSMISSION WORK: Line worker; Cable splicer 31.26 4. 5% + 7.35 Powder worker 29.70 4.5% + 7.46 Ground person 20.32 4.5% + 7.56 Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below) , and overhead and underground distribution line equipment) 26.57 - 4 .5% + 7.07 SCOPE OF WORK: All outside work on electrical transmission, lines, switchyards and substations, and outside work in electrical utility distribution systems owned, maintained and operated by electrical utility companies, municipalities, or governmental agencies. --------- ------------------------------------------------------- ELEVOO18A 09/15/2001 Rates Fringes ELEVATOR MECHANIC 33.695 7.455 FOOTNOTE: Vacation Pay: 8o with 5 or more years of service, 6% for 6 months to 5 years service. Paid Holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Friday after, and Christmas Day. ENGI0012C 07/01/2001 Rates Fringes POWER EQUIPMENT OPERATORS: GROUP 1 27.05 11.30 GROUP 2 27.83 11.30 GROUP 3 28.12 11.30 GROUP 4 29.21 11.30 GROUP 5 29.43 11.30 GROUP 6 29.54 11.30 GROUP 7 29.66 11.30 GROUP 8 29.83 11.30 GROUP 9 29.93 11.30 GROUP 10 29.96 11.30 GROUP 11 30.04 11.30 GROUP 12 30.16 11.30 GROUP 13 30.33 11.30 GROUP 14 30.43 11.30 GROUP 15 30.54 11.30 GROUP 16 30.66 11.30 GROUP 17 30.83 11.30 GROUP 18 30.93 11.30 GROUP 19 31.04 11.30 GROUP 20 31.16 11.30 GROUP 21 31.66 11.30 CRANES, PILEDRIVING & HOISTING EQUIPMENT: GROUP 1 28.00 11.30 GROUP 2 28.78 11.30 GROUP 3 29.07 11.30 GROUP 4 29.21 11.30 GROUP 5 29.43 11.30 GROUP 6 29.54 11.30 GROUP 7 29.66 11.30 GROUP 8 29.83 11.30 GROUP 9 30.00 11.30 GROUP 10 31.00 11.30 GROUP 11 32.00 11.30 GROUP 12 33.00 11.30 GROUP 13 34.00 11.30 TUNNEL WORK: GROUP 1 29.28 11.30 GROUP 2 29.57 11.30 GROUP 3 29.71 11.30 GROUP 4 29.93 11.30 GROUP 5 30.04 11.30 GROUP 6 30.46 11.30 0 FOOTNOTES: Workers required to suit up and work in a hazardous material environment: $1.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator-inside; Engineer Oiler; Forklift operator (includes loed, lull or similar types under 5 tons; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2 : Asphalt-rubber plant operator (nurse', tank operator) ; Concrete mixer operator-skip type; Conveyor operator; Fireman; Forklift operator (includes loed, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant) ; Petromat laydown machine; PJU side dum jack; Screening and conveyor machine oeprator (or similar types) ; Skiploade:r (wheel type up to 3/4 yd. without attachment) ; Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3 : Asphalt-rubber blend operator; Bobcat or similar type (side steer) ; Equipment greaser (rack) ; Ford Ferguson (with dragtype attachments) ; Helicopter radioman (ground) ; Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or similar type) ; Boring machine operator; Boxman or mixerman (asphalt or concrete) ; Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable) ; Drilling machine operator, small auger types (Texoma super economatic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30, maximum) ; Equipment greaser (grease truck) ; Guard rail post driver operator; Highline cableway signalman; Horizontal Directional Drilling Machine; Hydra-hammer-aero stomper; Micro Tunneling (above ground tunnel) ; Power concrete curing machine operator; Power concrete saw operator; Power-driven jumbo form setter operator; Power sweeper operator; Roller operator (compacting) ; Screed operator (asphalt or concrete) ; Trenching machine operator (up to 6 ft. ) ; Vacuum or much truck GROUP 5 : Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type) ; Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type) ; Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45- maximum) ; Drilling machine operator (including water wells) ; Hydrographic seeder machine operator (straw, pulp or seed) , Jackson track maintainer, or similar type; Kalamazoo Switch tamper,, or similar type; Machine tool operator; Maginnis internal full A vibrator, Mechanical berm, cur r gutter(concrete or asphalt) ; Mechanical finisher operator (concrete, Clary-Johnson-Bidwell or similar) ; Micro tunnel system (below ground) ; Pavement breaker operator (truck mounted) ; Road oil mixing machine operator; Roller operator (asphalt or finish) , rubber-tired earth moving equipment (single engine, up to and including 25 yds. struck) ; Self-propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd. and up to and including 1-1/2 yds. ) ; Slip form pump operator (power driven hydraulic lifting device for concrete forms) ; Tractor operator-bulldozer, tamper-scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types) ; Tugger hoist operator (1 drum) ; Ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 6: Asphalt or concrete spreading operator (tamping or finishing) ; Asphalt paving machine operator (Barber Greene or similar type) ; Asphalt-rubber distribution operator; Backhoe operator (up to and including 3/4 yd. ) , small ford, Case or similar; Cast-in-place pipe laying machine operator; Combination mixer and compressor operator (gunite work) ; Compactor operator (self-propelled) ; Concrete mixer operator (paving) ; Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum) ; Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar type; Kolman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator (Athey, Euclid, Sierra and similar types) ; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type) ; Pumperete gun operator; Rotary drill operator (excluding caisson type) ; Rubber-tired earth-moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds, struck) ; Rubber-tired earth-moving equipment operator (multiple engine up to and including 25 yds. struck) ; Rubber-tired scraper operator (self-loading paddle wheel type-John Deere, 1040 and similar single unit) ; Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds. ) ; Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p. and over, or similar-bulldozer, tamper, scraper and push tractor single engine) ; Tractor operator (boom attachments) , Traveling pipe wrapping, cleaning and bendng machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating) ; Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 7: Drilling machine operator, Bucket or auger types a 0 (Calweld 200 B bucket or similar types-Watson 13000 or 5000 auger or similar types-Texoma 900 auger or similar types-drilling depth of 105 ' maximum) ; Dual drum mixer, dynamic compactor LDC350 (or similar types) ; Monorail locomotive operator (diesel, gas or electric) ; Motor patrol-blade operator (single engine) ; Multiple engine tractor operator (Euclid and similar type-except Quad 9 cat. ) ; Rubber-tired earth-moving equipment operator (single engine, over 50 yds. struck) ; Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber-tired earth-moving equipment 'operator (single engine, over 50 yds. struck) ; Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over 25 yds. and up to 50 yds. struck) , Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds. ) ; Woods mixer operator (and similar Pugmill equipment) GROUP 8 : Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson, auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types- drilling depth of 175 ' maximum) ; Hoe ram or similar with .compressor; Mass excavator operator less tha 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi-engine) ; Pipe mobile machine operator; i Rubber-tired earth- moving equipment operator (multiple engine., Euclid, Caterpillar and similar type, over 50 cu. yds. struck) ; Rubber-tired self- loading scraper operator (paddle-wheel-auger type self-loading - two (2) or more units) GROUP 9: rubber-tired earth-moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 10: Canal liner operator; Canal trimmer operator; Remote- control earth-moving equipment operator (operating a second piece of equipment: $1.00 per hour additional) ; Wheel excavator operator (over 750 cu. yds. ) GROUP 11: Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine-up to and including 25 yds. struck) GROUP 12 : Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 13 : Rubber-tired earth-moving equipment, operator, 0 0 operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck) ; Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 14 : Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 15: Rotex concrete belt operator (or similar types) ; Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck) ; Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 16 : Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 17: Rubber-tired earth-moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 18: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 19: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck) ; Rubber-tired earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Concrete pump operator-truck mounted; Rubber-tired 0 0 earth-moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes loed, lull or similar types) GROUP 2 : Truck crane oiler GROUP 3 : A.-frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4 : Bridge-type unloader and turntable operator; Helicopter hoist operator GROUP 5 : Hydraulic boom truck; Stinger crane ,(Austin-Western or similar type) ; Tugger hoist operator (1 drum) GROUP 6: Bridge crane operator; Cretor crane operator; Hoist operator (Chicago boom and similar type) ; Lift mobile operator; Lift slab machine operator (Vagtborg and similar types) ; Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type) ; Shovel, backhoe, dragline, clamshell operator (over 3/4 yd. and up to 5 cu. yds. mrc) ; Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc) ; Tower crane repair; Tugger hoist operator (3 drum) GROUP S: Crane operator (up to and including 25 ton capacity) ; Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity) ; Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity) ; Shovel, backhoe, dragline, clamshell operator (over 7 cu. yds. mrc) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc) ; Derrick barge operator (over 25 tons up to and including 50 tons mrc) ; Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc) ; K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up, to and including 100 tons mrc) ; Derrick barge operator (over 50 tons up to and including 100 tons mrc) ; Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons mrc) , Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C. ) ; Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc) ; Derrick barge operator (over 100 tons up to and including 200 tons mrc) ; Hoist operator, stiff legs, Guy derrick 0 0 or similar type (over 100 tons up to and including 200 tons mrc) ; Mobile tower crane operator (over 100 tons up to and including 200 tons mrc) GROUP 12 : Crane operator (over 200 tons up to and including 300 tons mrc) ; Derrick barge operator (over ,200 tons up to and including 300 tons mrc) ; Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tons mrc) ; Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13 : Crane operator (over 300 tons) ; Derrick barge operator (over 300 tons) ; Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons) ; Mobile tower crane operator (over 300 tons) TUNNEL CLASSIFICATIONS GROUP 1: Skiploader (wheel type up to 3/4 yd. without attachment) GROUP 2: Power-driven jumbo form setter operator GROUP 3 : Dinkey locomotive or motorperson (up to and including 10 tons) GROUP 4 : Bit sharpener; Equipment greaser (grease truck) ; Slip form pump operator (power-driven hydraulic lifting device for concrete forms) ; Tugger hoist operator (1 drum) ; Tunnel locomotive operator (over 10 and up to and including 30 tons) GROUP 5: Backhoe operator (up to and including 3/4 yd. ) ; Small Ford, Case or similar; Drill doctor; Grouting machine operator; Heading shield operator; Heavy-duty repairperson; Loader operator (Athey, Euclid, Sierra and similar types) ; Mucking machine operator (1/4 yd. , rubber-tired, rail or track type) ; Pneumatic concrete placing machine operator (Hackley-Presswell or similar type) ; Pneumatic heading shield (tunnel) ; Pumperete gun operator; Tractor compressor drill combination operator; Tugger hoist operator (2 drum) ; Tunnel locomotive operator (over 30 tons) GROUP 6: Tunnel mole boring machine operator ---------------------------------------------------------------- ENG10012D 08/01/2001 Rates Fringes POWER EQUIPMENT OPERATORS: DREDGING: Leverman 33.65 11.30 Dredge dozer 30.18 11.30 Deckmate 30.07 11,30 Winch operator (stern winch on dredge) 29.52 11.30 Fireman; deckhand and bargeman 26.98 11.30 , Barge mate 29.59 11.30 ------------------------------------------------------- IRON00021E 07/01/2001 Rates Fringes IRONWORKERS : Fence erector 25.19 14.575 Ornamental, reinforcing and structural 26.08 14.575 FOOTNOTE: Work at Chocolate Mountains Naval Reserve -' Niland: $3 .00 per hour additional. ---------------------------------------------------------------- LABOOOOlB 07/01/2001 Rates Fringes BRICK TENDER 20.41 9.26 FORK LIFT OPERATOR 20.71 9.26 ---------------------------------------------------------------- LABO0002;H 07/01/2001 Rates Fringes LABORERS: GROUP 1 19.46 9.81 GROUP 2 19.96 9.81 GROUP 3 20.46 9.81 GROUP 4 21.91 9.81 GROUP 5 22.16 9.81 TUNNEL LABORERS: GROUP 1 22.37 9.81 GROUP 2 22.64 9.81 GROUP 3 23.05 9.81 GROUP 4 23 .64 9.81 GUNITE LABORERS: CROUP 1 22 .34 12.23 GROUP 2 21.39 12.23 GROUP 3 17.85 12.23 HOUSEMOVERS (ONLY WHERE HOUSEMOVING IS INCIDENTAL TO A CONSTRUCTION CONTRACT) : Housemover 15.50 6.38 Yard maintenance person 15.25 8.38 FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a Bosn'n's Chair or suspended from a rope or cable shall receive 40 cents per hour above the foregoing applicable classification rates. I Workers doing gunite and/or shotcrete workiin a tunnel shall receive 35 cents per hour above the foregoing applicable classification rates, paid on a portal-to-portal basis. Any work performed on, in or above any smoke stack, silo, 0 storage elevator or similar type of structure, when such structure is in excess of 75' -0" above base level and which work must be performed in whole or in part more than 75 ' -0" above base level, that work performed above the 75 - -0" level shall be compensated for at 35 cents per hour above the applicable classification wage rate. LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike-off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt-rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator '(walls, slabs, floors and decks) ; Plugging, filling of shee bolt holes; Dry packing of concrete; Railroad maintenance, repair track person and road beds; Streetcar and railroad construction track laborers; Rigging and signaling; Scaler; Slip form raiser; Slurry seal crew (mixer operator, applicator operator, squeegee person, shuttle person, top person) , filling of cracks by any method on any surface; , ar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2 : Asbestos abatement; Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement) ; Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curbs, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition) ; Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small) ; Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender) ; Septic tank digger and installer (lead) ; Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3 : Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same) ; Hydro seeder and similar type; Impact wrench multi-plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials ("applying" means applying, dipping, brushing or handling of such materials for pipe wrapping 0 and waterproofing) ; Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; Pipelayer' s backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; 'Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, Wacker and similar type; Trenching machine, hand-propelled GROUP 4: Asphalt raker, lute person, ironer, asphalt dump person, and asphalt spreader boxes (all types) ; Concrete core cutter (walls, floors or ceilings) , grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand-guided lagging hammer; Head rock slinger; Laborer, asphalt- rubber distributor boot person; Laser beam in' connection with laborers' work; Oversize concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in the ditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic, conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No-joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person) , water blasting, Ports. Shot-Blast; Welding in connection with laborers' work GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all other types of mechanical drills without regard to the form of motive power; Toxic waste removal TUNNEL LABORER CLASSIFICATIONS GROUP 1: Batch plant laborer; Bull gang mucker, track person; Changehouse person; Concrete crew, including rodder and spreader; Dump person; Dump person (outside) ; Swamper (brake person and switch person on tunnel work) ; Tunnel materials handling person GROUP 2: Chucktender, cabletender; Loading and unloading agitator cars; Nipper; Pot tender, using mastic or other materials (for example, but not by way of limitation, shotcrete, etc. ) ; Vibrator person, jack hammer, pneumatic tools (except driller) GROUP 3 : Blaster, driller, powder person; Chemical grout jet person; Cherry picker person; Grout gun person; Grout mixer person; Grout pump person; Jackleg miner; Jumbo person; Kemper and other pneumatic concrete placer operator; Miner, tunnel (hand or machine) ; Nozzle person; Operating of troweling and/or grouting machines; Powder person (primer house) ; Primer person; Sandblaster; Shotcrete person; Steel form raiser and setter; Timber person, retimber person, wood or steel; Tunnel Concrete finisher GROUP 4 : Diamond driller; Sandblaster; shaft and raise work GUNITE LABORER CLASSIFICATIONS GROUP 1: Nozzle person and rod person GROUP 2: Gun person GROUP 3 : Rebound person ------- LABO0783C 08/01/2001 Rates Fringes INYO AND KERN COUNTIES: Plasterer tender 22.30 9.62 Plaster clean-up laborer 19.75 9.62 MONO COUNTY Mountain Warfare Training Center, and U.S. Marine Corps Pickle Meadows: PLASTERER TENDER 25.30 9.62 PLASTER CLEANUP LABORER 22.75 9.62 Mono County(remainder of County) PLASTERER TENDER 22.30 9.62 PLASTER CLEANUP LABORER 19.75 9.62 ---------------------------------------------------------------- * LABO07831 08/02/2000 Rates Fringes PLASTERER TENDERS: Plasterer tender 22.30 6.63 Plaster clean-up laborer 19.75 6.63 ---------------------------------------------------------------- LABO0882B O1/01/2001 Rates Fringes ASBESTOS REMOVAL LABORER 20.12 7.50 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos-containing material and toxic waste, encapsulation, enclosure and disposal of asbestos- containing materials and toxic waste by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. ---------------------------------------------------------------- LABO1184A 07/01/2001 Rates Fringes LABORERS - STRIPING: GROUP 1 • 20.24 7.97• GROUP 2 20.94 7. 97 GROUP 3 23 .01 7.97 GROUP 4 24.66 7. 97 LABORERS - STRIPING CLASSIFICATIONS GROUP 1: Protective coating, pavement sealing; including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2 : Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblast:ing, grinding, etc. ) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3 : Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bears, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4 : Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment --------- ------------------------------------------------------- PAIN0036A 07/01/2001 Rates Fringes PAINTER (includes lead abatement) : Work on service stations and and car washes; Small new commercial work (defined as construction up to and including 3 stories in height, such as small shopping centers, small stores, small office buildings and small food establishments) ; Small new industrial work (defined as light metal buildings, small warehouses, small storage facilities and tilt-up buildings) ; Repaint work (defined as repaint f • any structure with the exception of work involving the aerospace industry, breweries, commercial recreational facilities, hotels which operate commercial establishments as part of hotel service, and sports facilities) ; Tenant improvement work (defined as tenant improvement work not included in conjunction with the construction of the building, and all repainting of tenant improvement projects 21.25 5.63 All other work 24.52 5.63 ---------------------------------------------------------------- * PAIN0036H 10/01/2001 Rates Fringes DRYWALL FINISHERS 25.33 7.93 ---------------------------------------------------------------- * PAIN0636B 06/01/1999 Rates Fringes GLAZIER 26.10 7.23 FOOTNOTES: Work in a condor, from the third (3rd) floor and up: $1.25 per hour additional. Work on the outside of the building from a swing stage or any suspended contrivance, from the ground up: $1.25 per hour additional. ---------------------------------------------------------------- PAIN1247B O1/01/2001 Rates Fringes SOFT FLOOR LAYER 25.45 6.22 ---------------------------------------------------------------- PLAS0200D O8/O6/1997 Rates Fringes PLASTERER 24.13 4.04 ---------------------------------------------------------------- PLASO500B 07/01/2001 Rates Fringes CEMENT MASONS: Work on projects where the total permit value of the general and all subcontracts is $12 million or less: Cement Mason; curb and gutter machine; Clary and similar type of screed operator (cement only) ; grinding machine (all types) ; Jackson vibratory, Texas screed and similar type screed operator; scoring machine operator 20.47 9.45 Cement mason (magnesite, magnesite - terrazzo and mastic composition, epoxy, urethanes and exotic coatings, Dex-O-Tex) 20.60 9.45 Cement mason, floating and troweling machine operator 22.31 11.45 All other work: Cement mason; curb and gutter machine operator. ; Clary and similar type of screed operator (cement only) ; grinding machine (all types) ; Jackson vibratory, Texas screed and similar type screed operator; scoring machine operator 22.31 11.45 Cement mason (magnesite, magnesite - terrazzo and mastic composition, epoxy, urethanes and exotic coatings, Dex-O-Tex) 22 .43 11.45 Cement Mason - floating and troweling machine operator 22.56 11.45 FOOTNOTE: Work on a swinging stage, bosun chair, or suspended scaffold, whether swinging or rigid, above or below ground: $0.25 per hour additional. ---------------------------------------------------------------- PLUM0016A 07/01/2001 Rates Fringes PLUMBER & PIPEFITTER: SEWER AND STORM DRAIN WORK 17.83 10.60 SERVICE AND REPAIR 25.46 11.27 ALL OTHER WORK 26.33 11.68 ----—---------------—-------------------------------------—- PLUM0345A 07/01/2001 Rates Fringes LANDSCAPE & IRRIGATION FITTER 20.38 11.10 -------------------------------------- -------------- PLUM0364A 03/09/1998 Rates Fringes REFRIGERATION & AIR CONDITIONING 24.98 6.34 ---------------------------------------------------------------- ROOF0146A 09/01/1994 Rates Fringes ROOFERS 18.78 8.25 ------------------------- SFCA0669B 04/01/2001 Rates Fringes SPRINKLER FITTER (FIRE) 26.50 6.00 ---------------------------------------------------------------- * SHEE0102G 02/01/2001 Rates Fringes INDUSTRIAL Work on all air pollution control systems, noise abatement panels, blow pipe, air-veyor systems, dust collecting, baghouses, heating, air conditioning, and ventilating (other than creature comfort) and all other industrial work, including metal insulated ceilings SHEETMETAL WORKER 24.91 13 .62 -------------------------------------------------------- * SHEE0102H 07/01/2001 Rates Fringes COMMERCIAL: Work on all commercial HVAC for creature comfort and computers clean rooms, architectural metals, metal roofing and lagging, over insulation SHEET METAL WORKER 28.95 10.57 ---------------------------------------------------------------- TEAM0011E 07/01/2001 Rates Fringes TRUCK DRIVERS: GROUP 1 21.44 12.39 GROUP 2 21.59 12.39 GROUP 3 21.72 12.39 GROUP 4 21.91 12.39 GROUP 5 21.85 12.39 GROUP 6 21.97 12.39 GROUP 7 22.22 12.39 GROUP 8 22.47 12.39 GROUP 9 22.67 12.39 GROUP 10 22.97 12.39 GROUP 11 _ 23.47 12.39 TRUCK DRIVER CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck-mounted broom GROUP 3 : Driver of vehicle or combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less than 16 yds. water level; Erosion control driver GROUP 4: Driver of transit mix truck, under 3 yds. ; Dumperete truck, less than 6-1/2 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person) ; Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6 : Transit mix truck, 3 yds. or more; Dumperete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axle; Oil spreader truck; Dump truck, 16 yds. to 25 yds. water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds. or more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; Water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) (v) ) . ---------------------------------------------------------------- In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing'. 0 0 WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3 . ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requester considers relevant to the issue. 3 . ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION COUNTY(ies) : RIVERSIDE * ASBEOOOSB O1/01/2000 Rates Fringes INSULATOR/ASBESTOS WORKER Includes the application of all insulating materials, protective coverings, coatings, and finishings to all types of mechanical systems 30.46 7.53 ---------------------------------------------------------------- * ASBE0208B 10/04/1999 Rates Fringes INYO AND KERN COUNTIES HAZARDOUS MATERIAL HANDLER Includes preparation, wetting, stripping, removal, scrapping, vacuuming., bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not 19.70 4.81 ________________________________________________________________ BOIL0092F 10/01/2000 ' Rates Fringes BOILERMAKER 30.06 9.61 ---------- ------------------------------------------------------ BRCA0004U O5/01/2001 Rates Fringes BRICKLAYER; MARBLE SETTER 27.02 7.20 MARBLE FINISHER 15.50 1.52 --________ ______________________________________________________ BRCA0018G 01/01/2001 Rates Fringes TILE SETTERS 22.00 3 .23 TILE FINISHERS 14.00 3 .23 ----------'---------------------------------------—-------—--- BRCAOO18K 12/01/2000 ' Rates Fringes TERRAZZO WORKER 26.78 5.34 TERRAZZO FINISHER 20.53 5.34 ------------------------------—---- —----—- CARP0002B 07/01/2001 Rates Fringes DIVERS : '}�wr ...Ey�t yyy .. �/1/���I/® CYI��CA7; I � l l 1 .: 174I.1!'V\, ....DATE(MMIDDlY10 oaneroz PRoouceR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HRH Ins Sery of So California HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR License Number 0684503 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 77-664 Country Club Dr. #401 COMPANIES AFFORDING COVERAGE Palm Desert CA 92211 COMPANY A INSCORP INSURED COMPANY Contreras Construction Co. B California Indemnity Ins. P 0 Box 1808 COMPANY Indio CA 92202 C COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. GO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONLTH LIMITS DATE (MMIDDIYY) DATE (MMIDDPYY) A GENERAL LIABILITY CAIC1001992101 07/01/01 07/01/02 GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP ADS $ 2,000,000 CLAIMS MADE OCCUR PERSONAL&ADV INJURY $ 1,000,000 OWNERS&CONTRACTOR'S PLOT EACH OCCURRENCE $ 11000,000 FIRE DAMAGE(Any one Pre) $ 100,000 MED EXP(Any one person) $ 5,000 A AUTOMOBILE LIABILITY CAIC1001992101 07/01/01 07/01/02 COMBINED SINGLE LIMIT 5 1,000,000 000 ANY AUTO ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON OWNED AUTOS (Per accident) PLOPERTV DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ OTHER THAN AUTO ONLY: 77777777777777 EACH ACCIDENT $ AGGREGATE $ A EXCESS LIABILITY CAIC4000159001 07/01/01 07/01/02 EACH OCCURRENCE 5 1,000,000 UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND X TORV LIMTT OTF EMPLOYERS'LIABILITY B THE PROPRIETOR) EC73417K 01/01/02 01/01/03 EL EACH ACCIDENT Is 1,000,000 I PARTNERS/EXECUTIVE NCL EL DISEASE-POLICY LIMIT $ 1 000 000 OFFICERS ARE: X EXCL EL DISEASE�EA EMPLOYEE $ 1 000,000 OTHER A Contractors Equipment Cov CAIC1001992102 07/01/01 07/01/02 150,000 Rented/Leased Coverage Deductible 1,000 4ESCRIPTION gut ERATIONSIL CATIONSN HICL ISP CIAL ITEMS F rolect: ut�i Hardy ark SidFewaFl�C improvements, City Project No. 01.28, Palm Springs CA. Certificate holder is named as additional insured but only IT respects to liability arising out of our named insureds operations per contract. CG2010(11/85) attached. A 10-day notice of cancellation applies or non- a ment of rW um. Xret: bond# 826749P CERTIFICATE.HOt1CF1 CAt4C!tiATIfN4, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Palm Springs (Project No. 01-28) EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Dept of Procuremt & Contractin 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, PO Box 2743 BUT FAILURE TO MAIL SUC NOTICE SHALL IMPO E NO OBLIGATION OR LIABILITY Palm Springs CA 92263-2743 OF ANY KIND UPON THE C PANY, IT AGENTS R REPRESENTATIVES, AUTHORIZED REPRESENTAIR Sal Sandoval, Age p�RD CpAI?ORATIdN,ieiie. 04/18/02 INSURED: Contreras Construction Co. P O Box 1808 Indio, CA 92202- Re: Package - C - INSCORP Policy# CAIC1001992101 Effective 07/01/01 To 07/01/02 This endorsement changes the policy. Please read it carefully. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED (Section 1I) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your work for that insured by or for you. SCHEDULE NAME OF PERSON OR ORGANIZATION: City of Palm Springs PO Box 2743 Palm Springs CA 92263-2743 Project: Ruth Hardy Park Sidewalk Improvements, City Project No. 01-28, Palm Springs CA 11/85 LICENSE #0684503