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HomeMy WebLinkAbout04443 - ALLEN FENCE FLOOD GATES ARABY GOLF CLUB CP01-20 MO6997 r • CITY OF PALM SPRINGS CALIFORNIA P.O.Box 2743,Palm Springs, California 92263, (760)323-8253 Department of Public Works and Engineering NOTICE OF ACTION FOR: ■PUBLIC AND/OR O PRIVATE IMPROVEMENTS TO: Allan Fence&Gates ACCEPTANCE DATE: May 9,2002 23450 El Toro Road PROJECT: CPMO1-20 Emergency Flood Gates Perris,CA 9570 at Araby Drive and Golf Club Drive AGREEMENT NO 4443 MINUTE ORDER NO. 6997 This is to inform you that a Notice of Completion has been filed and recorded on the above-named project. PUBLIC IMPROVEMENTS PRIVATE IlvIPROVEMENTS Curbing 22 L.F. Curbing L.F. Street Paving S.F. Street Paving S.F. Sidewalks 23 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. S6werManholes EA. Storm Drains L.F. Storm Drains L F. Survey Monuments EA. Survey Monuments EA. 6"thick Concrete Pad 276 S.F. Gates 6 EA. Location. Araby Drive at Palm Canyon Wash and Golf Club Drive at Palm Canyon Wash C.P.S.Drawing No(s). Specifications Permit No. 12728 Contractor(s)actually doing the work Allan Fence& Gates Notify your bonding company/bank to release the following bonds: No 58601927 in the amount of $ 21,525.00 Performance b 7 03 No 58601927 in the amount of $ 21,525.00 Payment_ I 1110a. 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:Western Surety Company Comments, FINAL CONTRACT AMOUNT: $ 19,747.32 Submitted by: En`giwering Field Supervisor Approved by: ` , - City Engineer Distribution: Original to Engineering Project File;Copies to Addressee,City Clerk,Engineering File,Engineering Field Supervisor,Building,and Facilities. Index No. 0207 DOC Ri 22-311418 . 06/07/2002 , 00P Fee:NC "�¢ t.�' Page 1 of 1 I �J-(�-1,1•W Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk & Recorder 111111111111� _ f M s ❑ PAGE SIDT OA PCOR NOCOR SMF ME Return To: I A City Clerk 1 •� City of Pahn Springs ,j �✓� P.O. Box 2743 �� Palm Springs, CA 92263-2743 A R L COPY LONG REFUND NCHG EMM NOTICE OF COMPLETION `' ^NOTICE IS HEREBY given that: I. The City of Palm Springs, California, is a municipal eor_p_oration,_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 9" day of May,2002. 5. The name of the contractor (if named) for such work of improvement was: Allan Fence and Gates. 6. The public work of improvement,which was completed in the City of Palm Springs, County of Riverside,State of California, is described as follows: Emergency Flood Gates at Araby Drive and Golf Club Drive. 7. The property address or location of said property is:Araby Drive at Palm Canyon Wash,and Golf Club Drive at Palm Canyon Wash. 8. City Project No. 01-20, Agreement Number: 4443, Minute Order Number: 6997 DATED: G `'�67' CITY OF,PA LM SPRINGSL�I p BY: i City Engineer PATRICIA A. SANDERS, being duly sworn, says: That she is the City Clerk of the aforesaid City of Palm Springs, California, the corporation that executed the foregoing notice; that she makes this verification on behalf of said corporation; that she has read the foregoing Notice of Completion, and knows the contents thereof,and that the facts stated therein therein are ttrrruep; that as said City Clerk, she makes this verification on behalf of said municipal corporaC,n!—�\--5�� City Clerk wPx1r/DecOl Index No. 0702 CITY OF PALM SPRINGS CONTRACT CHANGE ORDER To: Allan Fence &Gates Date: May 7,2002 23450 El Toro Road Project No.: C.P. 01-20 Perris CA Project Name: Flood Gates Change Order No.: One(1) Attn: Jerry Upper Contract Purchase No.: 216343 Account Number(s): 133 - 4298 - 50162 Agr.#4443 M.O. # 6997 Res. # A.CHANGES IN WORK: Decrease to Contract Bid Items: Schedule B Item Description 5 Construct Type A1-6 Curb 6 Construct 4 in. PCC Sidewalk 7 Construct 3 in.AC Pavement 8 Construct 6 in. Crushed Miscellaneous Base Increase to Contract Bid Item (New): Schedule B Item Description A Construct 6 in. PCC Pad B. CHANGES IN CONTRACT COST: Decrease to Contract Bid Items: Schedule B Item Description 5 Construct Type Al-6 Curb (3 LF @$25.00) ($ 75.00) 6 Construct 4 in. PCC Sidewalk 77 SF @$5.00 ($ 365.00) 7 Construct 3 in.AC Pavement (160 SF @$12.00) ($ 1,920.00) 8 Construct 6 in. Crushed Miscellaneous Base (160 SF @$8.00) ($ 1,280.00) Sub-Total ($ 3,660.00) Increase to Contract Bid Item (New): Schedule B Item Description A Construct 6 in. PCC Pad 276 SF @$6.82 $ 1,882.32 Total ($ 1,777.68) TOTAL NET (CREDIT) CHANGE ORDER = < $ 1,777.68 > NOTE: No additional markup will be added to any items in this Contract Change Order. C. REASON FOR CHANGE: In Schedule B, Bid Item 5 was field measured by both the Contractor and the City Inspector. The quantity was less than contract estimate (3 L.F.) and the credit amount will be applied to the contract total. May 7,2002 C.P.01-20 Flood Gates Change Order No. 1 Page 2 of 2 (Continued) C. REASON FOR CHANGE: In Schedule B, Bid Item 6 was field measured by both the Contractor and the City Inspector. Quantity was less than contract estimate (77 S.F.) and the credit amount will be applied to the contract total. Only 1 panel of sidewalk was removed and re-constructed (23 S.F.) due to the installation of the demountable post foundation at Golf Club Drive and Montecito Drive. In Schedule B, Bid Items 7 and 8 were deleted. Per the Contractor's request and the approval of the City Inspector, in lieu of these bid items, construct 6 in. PCC Concrete Pad for vehicles and bike path crossing through the existing landscape median. Credit for these deleted bid items will be applied to the contract total. In Schedule B, Bid Item A (New), construct 6 in. PCC Concrete Pad, at agreed unit price, including additional asphalt removal of the existing asphalt bike path in the landscape median (104 SF) on Golf Club Drive, south of Palm Canyon Wash, grading and compacting. SOURCE OF FUNDS: Flood Gates Account No.: 133 - 4298 - 50162 = ($ 1,777.68) Summary of Costs Contract Time Original Contract Amount: $ 21,525.00 Original Completion Date: April25,2002 This Change Order: ($ 1,777.68) Days Added for this C.C.O.: 0 Previous Change Order(s): $ 0.00 Previous Days Added: 0 Revised Contract Amount: $ 19,747.32 Revised Completion Date: April25,2002 1 have received a copy of this Change Order and the City Approval: above AGREED PRICES are acceptable to the contractor. � Submitte Date✓� -7 OL Field fingering �pervisor By_: �L' l/ Approved B " � Date y Director of Public Works/City Engineer Title 00/ e;L Approved by Date �� C' anager Date 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) AVM ROVED 8y Thi CRY Cu1UL AC-Irsi=ti fIan Fence and Gates ood Gates AGREEMENT #4443 M06997, 1-16-02 AGREEMENT 7�7n� THIS AGREEMENT made this otol day of in the year 200.p, by and between the City of Palm Springs, a charter city, organized d existing in the JCounty of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as thg City, and ALLAN FENCE AND GATES 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: FLOOD GATES CITY PROJECT NO.01-20 The Work is generally described as follows: The Work comprises the construction of flood gates (pipe swing gates and concrete foundations) on two City Streets: Araby Drive and Golf Club Drive; and concrete curb removal and reconstruction, asphalt concrete paving, and landscaping where required, and all appurtenant work. ARTICLE 2--COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with the applicable provisions of the Standard Specifications, as modified herein. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum of $426.00 for each calendar day that expires after the time specified in Article 2, herein. ARTICLE 3--CONTRACT PRICE The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid and Bid Schedule(s). ARTICLE 4--THE CONTRACT DOCUMENTS The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedulelsl, List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers 0 to 0 , inclusive, and all Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5--PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with provisions of the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the Engineer or the City as provided in the Contract Documents. ARTICLE 6--NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid,to the last business address known to the giver of the Notice. FLOOD GATES AGREEMENT FORM CITY PROJECT NO.01-20 AGREEMENT AND BONDS - PAGE 1 1117101 ARTICLE 7 --MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications as amended by the Special Provisions will have the meanings indicated in said Standard Specifications and Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due 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. TT EST:'E TY OF PAL �RI CALIFORNIA City Clerk APPROVED AS TO FORM: By City Attorney Date CONTENTS APPROVED: By City Engineer Date City Manager Date APPROVED BY THE CITY COUNCIL: Minute Order No. 6997 Date 1/16/02 Agreement No. 4443 FLOOD GATES AGREEMENT FORM CITY PROJECT NO.01-20 AGREEMENT AND BONDS-PAGE 2 11l7101 CONTRACTOR: (Check one:individual,_partnership, _corporation) By nature INOTARIZED) Print Name and Title: By signa[ura (NOTARIZED) Print Name and Title: Mailing Address: ,41,6 1 Al -D3ys-O Cl- 7DRO , /s7 cA . �00 770 Date 07—/"- d 7 (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 FLOOD GATES AGREEMENT FORM CITY PROJECT NO.01-20 AGREEMENT AND BONDS- PAGE 3 11/7101 I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT state of California ss. County of J, � { On I ) �, before me, Dale Name and Tllle of OHlcer to g,"Jane Doe,Notary Public') personally appeared � L Ho I� I P Y PP Nameu�lslgnerla) C7-persona4ly-knewr,-Ee-�le proved to me on the basis of satisfactory evidence to be the person(4 whose nam_e(s)(is ar subscribed to the within instrument and SNER ion 9 121t353 z RI t).INMAN acknowledged to me tha !1e'/sh(e/they executed l co 'mmiss3 _ the same in his)hdr/their authorized county rnia Riversi caa_pacity( §), and that by slier/their 11 "ny Comm.ExP'res Jvn°.z003 signature(g) on the instrument the person,( or the entity upon behalf of which the person(g) acted, executed the instrument. I � WIT f ESs� kt� ftry Place Notary Seal Above Ignature •v I OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document i and could prevent fraudulent removal and reattachment of this form to another document. t Description of Attached Documeyr t ( C} I Title or Type of Document: II r� Document Date: G I �P Number of Pages: ` I. Signer(s) Other Than Named Above: � l Capacity(ies) Claimed b Signer Signer's Name: `- i ❑ Individual Top of thumb here 7 ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: I I ®1999 Natmnal Notary Assodanon•93W De Soto Aw.,Re.Box 2402•Chatsworth,CA91313 2402-w aalmnalnclaryorg Prod.No.59W eeordar.Call Toll-Free 1-000.3]6662] Bond No. 58601927 PAYMENT SONG KNOW ALL MEN BY THESE PRESENTS, Thal ALLAN FENCE AND GATE as Contractor. An7 Western Surety Company as Surety, Y era hold firmly bound unto the City of Palm Springs, a charter city, organized and existing In the County of Rlv*rslde, State of California, hamin*frmr rated the "City,"in the auto of, Twenty one thousand five hundred and twenty five----------------------- dcieson for the payment et which eum well and truly to be made, we bind ounalves, our hairs, axebitnrs, adm',r,i,tretara, aueeeesors, end aasitine.jointly and aervvnlly, firmly by the**Prasaoe. WHEREAS, sold Contractor has been awarded end is about to enter into the annexed agreement with said City to perform the Work as specified or Indicated In the Contract Documents ereined- FLOOD f1ATES CITY PROJECT No, 10-20 NOW THFREFORE, if said Contracli Its subcontractors, Its heirs, gxotxtors. edmlNetraoore, euccessdn, or assign aheli tall to pay law any materials, provldone, provender, equipment, or tither supplies used in, upon, for, or about the performance of the Work contracted to-bo done, Or for any work or labor thereon of any kind, or fa amounts due under the unemployment Insurance Code, or for any amounts required to be deducted, wltntWd, and paid over to the Employment Development Department from the wages of amployaoa of ma Contractor and its subcmlrecmra pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions of Title KV. Chapter 7, Saeriona 3247.3262, inclusive. of the Civil Codo of the State of ColHomia and acts emendatory thereof, and Sections of other Codes of the State of California referred to therein and acts amendatory thereof, and provided that the portions, companies, or corporations ao furnishing said materials, provislna, eouipmant. or other supplies, appliances, a power used in, upon, lot, or about Performance;of the Work contracted to be executed or performed,of any person. Donegal, or cwooreuun renting or hiring impiernamm or machinery or power for.or contributing to.said walk to be dare, or any person who Payfun *work or labor upon the Some, or any person who Supplies both work end materials !herder. Shall have Complied with the provisions of said laws. than Said surely will pay the same In an amount net exceeding the auto herainbolisre bet forth, and also will pay.In case suit is brought upon this bond, a raoaonable anomay's fee es shell be fixed by ono Court, This Bond snail inure to the benefit of any and 211 eererim maned In Section 3181 of the Civil Code of the State of California so As to give m right of lotion to them or their mseigns in any suit brought upon this bond. PROVIDED, test any an*rations in the Work to be done or the ne1eh219 to be fumiahod, or changes In tho time of completion, which may ba made Pufsuent to de terms of said Contract Documents, shall not in an way raise&* said Contractor or said Suracy tharaunder, nor shall any eetanslons of lime premed under The provision of "id Contlacl Documents ralaue either sold Contractor or maid Surety, and notirs or said alwarationa or extenvions of who Agreament is hereby waivod by said Sumty SIGNED AND SEALED,This 22nd day of January , 2002 FLOOD GATES CITY PROJECT NO,01-20 PAYMENT BOND 11 r29101 AGREEMFNT AND BONDS-PAGE 0 CONTRACTOR: Allan Fence and Gate - (Check one- X_indMdubl, _^pm�.renrp, _ r rear.ton) Ry r4nlNvs (NOTARIZEDI Print Name and Ta1w By r4nrlMn •••• - (NOTARIZED) PnM Name and Title, (Coroa.oan. ..awr. two signatures: drN rm NM of tru feeaWng drocec: A. CtelrTen of Board, Prasidmi. or any Virs pgldent: AND 9, 8eernary,Asslehrft SsvMm y,Treaewer.Aw sisM Trnewar.or CNaf Finandal Officer). SURETY: Western Surety Company _ Gerald L. Ervin - Tlde Attorney-in-Fact - (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) - -- FLOOD GATES PAYMENT RONO CITY PROJFr.T NO 01-20 AGREEMENT AND BONDS PAGE 7 11/7f01 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of I "of`(-'�oirc, } On �t..� 41 ( �00 before me, �� �C l� f �b'?V ➢ L (� a4P\i, Date e4ne end The of Officer(e g,'Jane Doe,Notary Publ¢') v��,(7n I v1 personally appeared w(�� � ( �M I f Name(s)of Signer(s) E-p erne na ll y-kn owri-t,Q m e © proved to me on the basis of satisfactory evidence to be the persou(�) whose nam4s)(Slard subscribed to the within instrument and acknowledged to me tha�he he/they executed s E R o, i,ti n�rl I comrnl«Icn 1218533 , the same in LI's7h r/ttl¢ir s�uthorized Notnn 'ublic—ccntomia capacity(ie8), and that by ��s/hr/thr ', 9;iy R,:=arcee county signature(on the instrument the prrson(g), or My .expir cus the entity upon behalf of which the person(p) acted, ex 7the instrument. I W1TN 1 r'It'°a /2 d pilicial seal. Place Notary Seal Above Signature of Nolary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons-relying on the document and could prevent fraudulent removal and reattachment of this form to another document. I I Description of Attached Document �Jy, I Title or Type of Document: Document Date: Number of Pages: I Signer(s) Other Than Named Above: I Capacity(ies) Claimed by Signer Signer's Name: o- I ❑ Individual Top or thumb here I ❑ Corporate Officer—Title(s): ❑ Partner—El Limited ❑General ❑ Attorney in Fact ❑ Trustee I ❑ Guardian or Conservator ❑ Other: Signer Is Representing: I I _a 01999 Natural Notary Aesoc Iaa-9350 De5io Ave.R.0.Box 2402•ChalswoM,CA 91319.21021 w rotieralnmaryorp Prod.No.5907 ReoNer.CaATM F.1-000-3764;827 1 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CNA For All the Commitments Yw Make- State of California County of T.na Angeles On January 22 , 2002 before me, Gina Tucker, Notary Public Date personally appeared Gerald L. Ervin NAME(S) OF SIGNER(S) (JU personally known to me - OR - (_) proved to me on the basis of satisfactory evidence to be the person( whose name(e) is/aw.subscribed to the within instrument and acknowledged to me that he/sloWawy executed the same in his/her heir authorized capacity(ioa), and that by his/#Mr0tlq@ r signature* on the instrument the person(e), or the entity upon behalf of which the persona}acted, executed the instrument. r GINA TUCKER WITNE my hand and official seal. Commission#1252748 (Jg, z - Notary Public-Calffomfa z `-' v7 Los Angeles County > SIGtSA 0 AR rMy COMM,Ecpi2s i'vb 7,20Cy OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (_) INDIVIDUAL (—) CORPORATE OFFICER Payment Bond TITLE(S) TITLE OR TYPE OF DOCUMENT (—) PARTNER(S) (_) LIMITED (—) GENERAL 2 (�) ATTORNEY-IN-FACT NUMBER OF PAGES (_) TRUSTEE(S) (—) GUARDIAN/CONSERVATOR (—) OTHER January 22, 2002 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Western Surety Company SIGNER(S) OTHER THAN NAMED ABOVE sA G-107426-C Y� Y Bond No. 58601927 Premium $646.00 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That_ ALLAN FENCE AND G?1TE _ _ _ as Camrnrror, And Western Surety Company ae Surety, Oro held firmly gourd unto trio City of Palm Springs. o charter city, organrzed and existing In Trio County of (41Iyvr,�ea, Ca6larfira, naraiaaitor palled the'City."In the sum of: Trtentyr one thousand five bi Lp4i ed and_ twenty Live ----- -douars, for the paymom of wnlul sum wolf and truly to Oo made, we wind 0otaalyea, our heir%. OXiatu10ta, odminieRetors, aucrAaeda, and"sign,jointly and severally. Firmly by thane presents, WHEREAS sell Contractor has been A. Ordad and is about to enter Into the annexed Agreement with said City to parform the Work as apedfied of indicated in the Contract Dotumant%antltlad. FLOOD GATES CITY PROJECT NO,0140 NOW THEREFORE,If said Contractor shall perform all the requirements of gala Contract Documents required is be perfiormoa on its pert, at fhb timea and in the manner apedtled heroin. then this obligation stall he null and void, otherwlae it shall remain in full force and effect. PROVIDED, that any adoration in The work to be done or the materials to be furnished. or chanaas in the time of cemptetion, which may bo made pursuant to the terms of said COnTrRpt DOCemame, Oheg rot in any way release said Contractor or said Surety thwitundar, nor shell any extanslons of time promea under the ptovwswm of geld Contract Documents, release either said Contractor or paid Surety, and notice of such sltaratlons or extension..of the Agraamant is hereby waived by said Surety. SIGNED AND SEALED,this 22nd day of_ Janus ry — 200 2 CONTRACTOR Allan Fence and Gate j heck one. Individual, poritlprsnip. SURETY: - .,,_ cdrooreoonl Western Surety Company -- By By Gerald L. Ervin (NOTARIZEDI Title Attornev-in-Fact Dint Nome and II It {SEAL AND NOTARIAL ACKNOWLEDGMENT i)i)F - - - �� SURETY) 0y �--- Yenenae [NOTARIZED) Print Nema and Title: ICrxvaefion.. lnnuua two algMtunq eras Tmm gent of me idm.vu,p groups:A.Chula n of board,Praeddnr.o, env v¢e P,aeideno ANO B 9ecnury, Aaat,mrl Irm,eu,na Aammm�, uaaeu m, or �nmr Fnlnuai Offinerl. PL000 GATES PERFORMANCE BOND CITY PROJECT NO.01.20 AGREEMENT AND BONGS- PACE 6 1 nsro l r ., i • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT f7California ss. nU before me,a' &C fi ( J_) •�.V�Vl LC v� j UJ12n 1 Date Name and Title of OlGcer(e 9 `Jane Doe,Notary Public) L personally appeared .t Y)� U I Name(sYo Signers) tl I -- Wally nown o me ;proved to me on the basis of satisfactory evidence to be the person(A) whose n�( is afk �"�"— --�- - subscribed to the within instrument and s ERRI�,(a,�� acknowledged to me tha he/ lie/they executed - �' CommlSSlonr lz1a533 the same in hid her/th r authorized < :� » hlpFcary Pub:iC�—Califarni4 i l 1 Rlveaide County capacity(ies), and that by his/herf/thpir rx y COMM,Expires Jun 4,2003 signatureO on the instrument the perso�r( , or the entity upon behalf of which the person(,) acted, execute- th instrument. WIT h 'I ft a d ff 'al s al Place Natal,Seal Above gnature of Notary PublicI I I OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. I I Description of Attached Document Title or Type of Document: i Document Date: Number of Pages: I Signer(s) Other Than Named Above: I � Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney in Fact ❑ Trustee i ❑ Guardian or Conservator ❑ Other: I Signer Is Representing: 01999 Nat"Ndary Acsotlalinn•9350 Do Soto Ave..P.O.Box 2402•ChatseoM,CA 9131&2402•vmw naliwulnolaryoq Prof.No.5907 Feo,der.Call Toli 1-800.E]6-6B2] I � J e • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ��� Fnr All the Cnmmltmenb Yw Naq' State of California County of Los Angeles On January 22, 2002 before me, Gina Tucker, Notary Public Date personally appeared Gerald L. Ervin NAME(S) OF SIGNER(S) (c) personally known to me — OR — (_) proved to me on the basis of satisfactory evidence to be the person{&) whose name*) is/are subscribed to the within instrument and acknowledged to me that he/eke/*W executed the same in his/leer/their authorized capacity(iee), and that by his4mrA"r signature(e) on the instrument the person(&), or the entity upon behalf of which the person jo acted, executed the instrument. GINA TUCKER WITNESS hand and official seal. ,--�, �, +� '5 4- Commission#k 12b27.1t� �✓`�.G`' z 9 ,a Notary Public-Ccllfomia� ''*',1P Los /Angeles Gourrk9f GNATURE OF NOTARY 'V. � My Comm.Empires Fab 7,?CC>�i OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (_) INDIVIDUAL (_) CORPORATE OFFICER Performance Bond TITLE(S) TITLE OR TYPE OF DOCUMENT (_) PARTNER(S) (_) LIMITED 1 (�) GENERAL NUMBER OF PAGES (X) ATTORNEY-IN-FACT (_) TRUSTEE(S) (—) GUARDIAN/CONSERVATOR January 22, 2002 (_) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Western Surety Company SIGNER(S) OTHER THAN NAMED ABOVE G.107426-C �� Western Surety Company POWER OFAIIUHNtfArrvuviuvuuvu,v,uUHLHfi�nivcr-iiJ-� �T Know All Men By These Presents,That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing cetrn­n­, it, nrincioal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Gerald L. Ervin Gina Tucker, Individually of Woodland Hills, California its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted, as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Executive Vice President and its corporate seal to be hereto affixed on this llth day of April 2001 omrz WESTE ( J RETY C M NY tephen T.Pate,Executive Vice President State of South Dakota ss County of Minnehaha On this llth day of April 2001 ,before me personally came Stephen T.Pate,tome known, who,being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Executive Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said Corporation. }4444444444444rr444444444} JrJr l My commission expires Jr D. KRELL r `n November 30,2006 f SEAL NOTARY PUBLIC SEAL + � r SOUTH DAKOTA r r D.Krell,Notary Public r My Cnmm,ss,nn Expires 11-30-2006 it }4444Y444Y's4 Y'+44444\44\4} CERTIFICATE I, L. Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the sea,of,he said ;h;o 22nd January 2002 `+ ol WEST R SURETY COMPANY t/ Rr elson,Assistant Secretary Form F4280-4.2001 �i • Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY;COMPANY. This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary,Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The Presidant, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may ❑ppcirt attorneys in Pact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bands, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. i Company Profile • Page 1 of 2 CaifHyrni Company Profile ��1S1����1C� WESTERN SURETY COMPANY P.O. BOX 5077 SIOUX FALLS, SD 57117-5077 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC#: 13188 NAIC Group #: 0218 California Company ID #: 0761-7 Date authorized in California: July 29, 1930 License Status: UNLIMITED-NORMAL Company Type: Property& Casualty State of Domicile: SOUTH DAKOTA Dines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms,please refer to the gloss LIABILITY SURETY Company Complaint Information 4 I. Company Performance& Comparison Data Composite Complaint Studies http://www4.ii,isurance.ca.gov/w-Li/idb_co_prof—utl.get co_prof?p_EID=2977 2/27/2002 UNTS Only the following listed documents, identified in the louver right corner as "Bid Forms" and reproduced on colored paper, shall be frilly executed and submitted with the Bid at the time of opening of Bids. Bid (Proposal) Bid Schedule(s) List of Subcontractors Non-collusion Affidavit Bid Bond (Bid Security Form) Bidder's General Information Failure of a Bidder to fully execute and submit all of the listed docunnents with the Bid will render a Bid as non-responsive and subject to rejection. FLOOD GATES COVER SHEET CITY PROJECT NO.01-20 BID FORMS-PAGE 1 11/7/01 • 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: FLOOD GATES CITY PROJECT NO.01-20 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 Number Date Number Date Number Date Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, m performance of the Work, and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of California Labor Code Section 1860, et seq.,the undersigned confirms the following as its certification: I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to 6e insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents, and to accept In full payment therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the aforementioned Bidding Schedule(s). Dated: �/�� . Z, ZaUy Bidder: 444441 By: (Signature) Title: Q(.(�j✓/�2 FLOOD GATES BID (PROPOSAL) CITY PROJECT NO.01-20 BID FORMS-PAGE 2 1117/01 BID SCHEDULE A Lump Sum Price for Construction of FLOOD GATES CITY PROJECT NO. 01-20 Araby Drive at the Palm Canyon Wash In Palm Springs, California Description Install, complete and in place, one (1) pipe swing gate (30 feet long) with two (2) demountable post foundations and one (1) demountable post, and one (1) non- demountable post and foundation at a location approximately 215 feet south-east of Anza Trail; - Install, complete and in place, one (1) pipe swing gate (30 feet long) with two (2) demountable post foundations and one (1) demountable post, and one (1) non- demountable post and foundation at a location approximately 15 feet north of the existing sewer manhole (approximately 830 feet north-west of Cholla Avenue); - Install two (2) C19 Signs ("Road Closed Ahead"); -Traffic control; and all appurtenant work in accordance with the Contract Documents. TOTAL BID PRICE FOR SCHEDULE A For the lump sum of Gov. a� (Price in figures) a T�lOdS¢ivA ,`c+9e �ckrlJe� 0 ¢ �ar�aa — 4 (Price in words) A 4zl AVID 7165 Name of Bidder or Firm FLOOD GATES LUMP SUM BID SCHEDULE CITY PROJECT NO.01-20 BID FORMS- PAGE 3 11/7/01 • BID SCHEDULE B • Schedule of Prices for the Construction of the: FLOOD GATES CITY PROJECT NO. 01-20 Golf Club Drive at the Palm Canyon Wash In Palm Springs, California Item Description Estimated Unit Unit Amount No. Quantity Price 1. - Install, complete and in place, two (2) pipe swing gates (38 feet long) with four (4) demountable post foundations and two (2) demountable posts, and two (2) non-demountable posts and foundations at a location approximately 60 feet south of Montecito Drive; - Install, complete and in place, two (2) pipe swing - - - LS gates (38 feet long) with four (4) demountable post foundations and two (2) demountable posts, and two (2) non-demountable posts and foundations at a location 297 feet north of Portola Drive; - Install two (2) C19 Signs ("road Closed Ahead") - Traffic control; and all appurtenant work in accordance with the Contract Documents. 2. Landscaping - - - LS $ SOC 00 3. 30-Day Landscape Maintenance. - - - LS $ 5 00, 00 4. Irrigation. LS $ z 000, 0V 5. Construct Type A1-6 Curb 25 LF $ Z!5.Oil $ 62�•O(! � 6. Construct 4" PCC Sidewalk 100 SF $ 5.00 $ 6-ja- 00 7 Construct 3" AC Pavement 160 SF $ tz- 00 $ jg20 , 8 Construct 6" Crushed Miscellaneous Base 160 SF $ Go $ /Z SO .Q TOTAL OF ALL ITEMS OF THE BID SCHEDULE B: $ i7 , o 1 ON..In Ila.... 1-/uNJeat Wk.In wa,Eal I I " A1,A 1 ��AXII GicrTftS' Name of Bidder or Firm FLOOD GATES UNIT PRICE BID SCHEDULE CITY PROJECT NO.01-20 BID FORMS-PAGE 4 11/29/01 BID SCHEDULE (Continued) FLOOD GATES CITY PROJECT NO. 01-20 In Palm Springs, California TOTAL OF ALL ITEMS OF BID SCHEDULES A AND B COMBINED: (Price in figures) 7�u1��I ty a� "fta4 41a �IAAMe.d1J Y&L" ifl*- (Price in words) QUANTITIES OF WORK: The quantities of work or material stated in the unit price items of the Bid Schedules 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. 19t 1sC j Rd(Z- . (zb- CfiaT S Name of Bidder or Firm FLOOD GATES UNIT PRICE BID SCHEDULE CITY PROJECT NO.01-20 1117/01 BID FORMS-PAGE 5 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 Li Address 1 r NQ SCJa S r/ 2. 3. 4. 5. 6. 7. B. FLOOD GATES LIST OF SUBCONTRACTORS CITY PROJECT NO.01-20 BID FORMS-PAGE 6 11/7/01 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BUDDER AND SUBMITTED WITH BID State of California ) 1 ss. County of ) I. � DaE2 being first duly sworn, deposes and says that he or she is T 6"k-K of O' 74_5 the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain From bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her Bid price, or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid. Bidder �LG�f/1/ G9k(:7, 2�' &r47-C S By t' t\3 V"— Title Organization Address 2 3 ySQ A74 'TORO KD -P66e6. CA 9ZT70 FLOOD GATES NON-COLLUSION AFFIDAVIT CITY PROJECT NO. 01-20 BID FORMS-PAGE 7 1117/01 BID BOND KNOW ALL MEN BY THESE PRESENTS, That as Contractor, and as Surety, are held and firmly bound unto the City of Palm Springs, hereinafter called the "City" in the sum of: dollars Inot less than 10 percent of the total amount of the bid) for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a Bid to said City to perform the Work required under the Bid Schedule(s) of the City's Contract Documents entitled: FLOOD GATES CITY PROJECT NO. 01-20 NOW THEREFORE, if said Principal is awarded a Contract by said City, and within the time and in the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a written Agreement on the Form of Agreement bound with said Contract Documents, furnishes the required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this Bond by said City, and City prevails, said Surety shall pay all costs incurred by said City in such suit, including a reasonable attorney's fee to be fixed by the court. SIGNED AND SEALED, this day of 200 CONTRACTOR: SURETY: (Check one: _individual, _partnership, _corporation) By By signature (NOTARIZED) Print Name and Title: Title (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) 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 B. Secretary,Assistant Secretary,Treasurer,Assistant Treasurer, or Chief Financial Officer). FLOOD GATES BID BOND (BID SECURITY FORM) CITY PROJECT NO.01-20 BID FORMS- PAGE B 11/29/01 BIDDER'S GENERAL INFORMATION The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to be non-responsive and may cause its rejection. 1. BIDDER/CONTRACTOR'S Name and Street Address: �1Z-4.4 l 4*6 vim_ ADO C14 1-155 s1c-0 F '1e)eo FZ.D P_6?�eI C Aq 92570 2. CONTRACTOR'S Telephone Number: (4 % Facsimile Number: ('7w 3. CONTRACTOR'S License: Primary Classification /3 State License Number(s) 6(e305 Supplemental License Classifications 4. Surety Company and, Agent who will provide the required Bonds on this Contract: Name of Surety . //r/fl r15;L UR�-T y Goiy/QAnJ Y Address /0 Z Af209/ R7 :SU,TE /I(" 124AX146 I UCGAeOe&1 C� / -A 19/730 r'~ /IUb&d Surety Company p Telephone Numbers: Agent (�fdj ) 95�f /Co7 surety ( ) 5. Type of Firm (Individual, Partnership or Corporation): ZA/D/V/D I/,GL 6. Corporation organized under the laws of the State of: 7. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm: ��eQy �JG 'IrL ion R o P#_et/S' L54 YZS'70 FLOOD GATES BIDDER'S GENERAL INFORMATION CITY PROJECT NO 01-20 BID FORMS-PAGE 9 11/7/01 BIDDER'S GENERAL INFORMATION (Continuedp 8. Number of years experience as a contractor in this specific type of construction work: /0 y.TA z S 9. List at least three related projects completed to date: a. OwnerVAtZe• Address_ 2_771 IJ, L Vel' Avg fZLA-To�G,� Contact &EPE VAOCE Class of Work Grf/A/A/ liy/t' 4r"CF 0 r yar,�p Phone99 -3a 4 33 Contract Amount /�000-ro Projects. CO. Date Completed _A V,, /� Zoo Contact Person Telephone number b. Owner J UVF£2 Address 3GY& /ZA,,j;WA ' Ad1E . 21 1/ G9. Contact(V Z/AGL Class of Work_�A'.r��L - A& ne?,e S' Phone9d9 n4/• ZZ/o3 Contract Amount /n000, 00 Project R/I/ /(14A)7 Date Completed &W- GO/�JCT Contact Person Telephone number C. OwnerX7- 4:70 Address 33g7 1016,gIE-56A/ Contact M,k V4e?_E Class of Work ! 'Z' PhoneM-660- 5367 Contract Amount ,60 Project 6W9. 'FkACrt Date Completed 5W7./5 GZM/ Contact Person Telephone number 10. List the name and title of the person who will supervise full-time the proposed work for your firm: ©✓L /l/,mod gAdm 11. Is full-time supervisor an employee '5 contract services ? 12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Engineer. FLOOD GATES BIDDER'S GENERAL INFORMATION CITY PROJECT NO.01-20 BID FORMS-PAGE 10 1117/01 Western Surety Company Bid Bond KNOW ALL PERSONS BY THESE PRESENTS, That we Allan Fence & Gate, hereinafter referred to as the Principal, and Western Surety Company as Surety, are held and firmly bound unto the City of Palm Springs, hereinafter referred to as the Obligee, in the sum of Ten (10) percent of amount bid Dollars ($ 10% ) , for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has submitted or is about to submit a proposal to Obligee on a contract for Flood Pipe Gates. NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall, within such time as may be specified; enter into the contract in writing and give such bond or bonds as may be specified in the bidding or contract documents with surety acceptable to Obligee; or if Principal shall fail to do so, pay to Obligee the,damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 20th day of December, 2001. Allan Fence & Gateway (Pnnapa7j—�yea() (/ Western Surety Com an urety ( `ealT Bv: ��r�� � I Gerald L. Ervin, Attorney-in-Fact II' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CNA For All the Commitments You Ndm• State of California County of Los Angeles On December 20, 2001 before me, Gina Tucker, Notary Public Date personally appeared Gerald T . Ervin NAME(S) OF SIGNER(S) ( ) personally known to me - OR - (_) proved to me on the basis of satisfactory evidence to be the person(c) whose name(e) is/are subscribed to the within instrument and acknowledged to me that he/skoAM executed the same in his/ha#4heir authorized capacity(iee, and that by his/he#&mir signature(o on the instrument the person(e), or the entity upon behalf of which the person(e).acted, executed the instrument. GINA TUCKER WITNES y hand and official seal. Commission#1252748 zz / r Notary Public-Calltarnia g Los Angeles County SIGNATURE F NOTARY My Comm.Expires Feb 7,2004 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT (_) INDIVIDUAL (—) CORPORATE OFFICER Bid Bond TITLE(S) TITLE OR TYPE OF DOCUMENT (_) PARTNER(S) (_) LIMITED (_) GENERAL 1 NUMBER OF PAGES (-X-) ATTORNEY-IN-FACT (_) TRUSTEE(S) (_) GUARDIAN/CONSERVATOR (_) OTHER December 20, 2001 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Western Surety Company. SIGNER(S) OTHER THAN NAMED ABOVE A G-107426-C t Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Gerald L. Ervin, Gina Tucker, Individually of Woodland Hills, California its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - in Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted, as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Executive Vice President and its corporate seal to be hereto affixed on this llth day of April 2001 Swrctr0 W E S T E ! R ETY C MN Y i� rfl> tephen T.Pate,Executive Vice President State of South Dakota County of Minnehaha ss On this llth day of April 2001 ,before me personally came Stephen T.Pate,tome known, who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Executive Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. }444444444444444444444444} My commission expires i D. KRELL r November 30,2006 i SEAL NOTARY PUBLIC s AE L + r SOUTH DAKOTA r f My Commission Expires ua0 2006 i D.Krell,Notary Public 4444444444444Y44444444444 CERTIFICATE I,L. Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 20th day of December 2001 p ���$ WEST SURETY SURETY COMPANY ETr 3`s�J�jF elson,Assistant Secretary Form F4280.4-2001 CITY�PROJECT NO . 01 - 20 The Specia9 Provisions contained herein have been prepared by, or under the direct supervision of, the foHovvung Registered CiO Engineer-. �Q,aOFESS/ /ems r'a it my z 'y am.' No S727i Marcus L. Fuller (Z z"n Senior Civil Engineer ' City of Palm Springs9 %/ „a? Civil Engineer C 5727'I Approved by- r'U David J. 8arakian, P.E. Director of Public Works/City Engineer Civil Engineer C 28931 FLOOD GATES SIGNATURE PAGE CITY PROJECT NO.01-20 11/7101 NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND SPECIAL PROVISIONS TABLE OF CONTENTS PART I -- BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS Notice Inviting Bids Instructions to Bidders Bid Forms Bid (Proposal) Bid Schedule List of Subcontractors Non-collusion Affidavit Bid Bond (Bid Security Form) Bidder' s General Information Agreement and Bonds Agreement Form Worker' s Compensation Certificate Performance Bond Payment Bond Certificate of Insurance PART II -- SPECIAL PROVISIONS Section 1 - 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 FLOOD GATES SPECIAL PROVISIONS CITY PROJECT NO, 01-20 GENERAL CONTENTS - PAGE 1 1117/01 PART III - APPENDIX Project Drawings: 1 . Vicinity Map. 2 . Araby Drive - Flood Gate Locations . 3 . Golf Club Drive - Flood Gate Locations . 4 . Golf Club Drive - Flood Gate Location Details . 5 . Golf Club Dr. Flood Gates and Landscaping - North End 6. Golf Club Dr. Flood Gates and Landscaping - South End 7 . Single Pipe Swing Gate. 8 . Double Pipe Swing Gate. Standard Drawing: 1 . City of Palm Springs Standard Drawing No. 200 2 . City of Palm Springs Standard Drawing No. 210 3 . City of Palm Springs Standard Drawing No. 624 FLOOD GATES SPECIAL PROVISIONS CITY PROJECT NO.01-20 GENERAL CONTENTS-PAGE 2 11/21/01 • CITY OF PALM SPRINGS • PULIC WORKS AND ENGINEERING DEPARTMENT PART I - MDDING AND CONTRACTUAL DOCUMENTS AND FORMS FLOOD GATES CITY PROJECT NO. 01-20 Notice Inviting Bids Instructions to Bidders Bid Forms Bid (Proposal) Bid Schedule List of Subcontractors Non-Collusion Affidavit Bid Bond (Bid Security Form) Bidder' s General Information Agreement and Bonds AgreeinenL Form Worker' s Compensation Certificate Performance Bond Payment Bond Certificate of Insurance FLOOD GATES PART 1 CONTENTS CITY PROJECT NO, 01-20 PAGE 1 11/7/01 �G�i Y OF RALM SPFANGS For constructing F7,00D G11T S - Pi:oject Na. 01-20 N--1 NOTICE 'u S %iT-UBy CuJT '11Nd that sealed bids for the FLOOD GATES will be received at the office of the Procurement Manager of the City of Palm Springs, California, until 2 : 00 P.M. on January 2, 2002, at which time they will be opened and read aloud. N-2 DESCRIPTION OF TT0 WIOIAZa The Work comprises the construction of flood gates (pipe swing gates) on two City Streetso Araby Drive and Golf Club Drive; and concrete curb removal and reconstruction, asphalt concrete paving; and landscaping where required, and all appurtenant work. N-3 k13Xd`URD OT OOF.vrTI LCm°ir ; (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 and Bid Schedule B, and reject all other bids, as it may best serve the interest of the City. Bidders shall bid on all the Bid Schedules included in the Bid Documents . (b) As a condition of award, the successful bidder will be required to submit payment and performance bonds and insurance. N-A 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 bid price, payable to the City of Palm Springs. N--5 BIDS TO FLEUR& W OrlKN: The Bidder shall guarantee the Total Bid Price for a period of 60 calendar days from the date of bid opening. N-'S CONTPhCTORIS LICEIRS2, The Contractor shall possess a valid Class A or C13 Contractor License at the time of submitting bids . N-7 C;ALL-FOKer QA, ir321QA,' E?-/Y971, i EQUIP0Gu WITS: 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. FLOOD GATES NOTICE INVITING BIDS CITY PROJECT NO.01-20 PAGE 1 11/29/01 0 • N-S RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by the City, by depositing securities of equivalent 'value with the City in accordance with the provisions of Section 22300 of the Public Contract Code. N-9 OBTAINING OR INSPECTING CONTRACT DOCENTS: (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 $15. 00 will be charged for sets of documents sent by mail. N-10 ADDRESS AND MARKING OF BIDS: The envelope enclosing the Bid shall be sealed and addressed to the City of Palm Springs, and shall be delivered or mailed to the Procurement Manager 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 Date �� (2C�; Z0 ��1 CITY OF PALM SPRINGS By David J. Barakian, PE Director of Public Works/City Engineer City of Palm Springs FLOOD GATES NOTICE INVITING BIDS CITY PROJECT NO. 01-20 PAGE 2 11/29/01 OTY OF PALM SPRINGS METHMMNS TO UDDERS 3. 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 and, 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. DISQt ALiFICATHON 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. VDDER'S E3:AIdOdIN ATIG➢H 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 os 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 Bad 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 Bed. 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 FLOOD GATES INSTRUCTIONS TO CITY PROJECT NO.01-20 BIDDERS-PAGE 1 11/7/01 thereto, and other lands designated r use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Contractor. Easement for permanent structures or permanent changes in existing structures will be obtained and paid for by I 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. 11017ERPRETATIONS - All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be resolved by the issuance of Addenda mailed or delivered to all parties recorded by the Engineer or the City as having received the Contract Documents. Questions received less than 7 days prior to the date of opening Bids may not be answered. Only questions that have been resolved by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. S. 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. RFTURN 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. B. EWD FORM - The Bid shall be made on the Bid Schedule sheets bound herein. Unless otherwise provided in the Notice inviting Bids, in the event there is more than one Bid Schedule, the Bidder may Bid on any individual schedule or on any combination of schedules. All bid items shall be properly filled out. Where so indicated in the Bid Documents, Bid price shall be shown in words and figures, and any conflict between the words and figures, the words shall govern. g. 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 at seq. of the California Public Contract Code. In the event that there is more than one Bid Item in a Bid Schedule and the total indicated for the schedule does not agree with the sum of prices Bid on the individual items, the prices bid on the individual items shall govern and the total for the schedule will be corrected accordingly, and the Contractor shall be bound by said correction, subject to the provisions of Section 5100 et seq. of the California Public Contract Code. 1'9. QUANTITIES OF WORK — � (a) The quantities of work or material stated in unit, price items of the Bid are supplied only to give an indication of the general scope of the Work; the City does not expressly or by implication agree that the actual amount of work or material will correspond therewith. (b) In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit prices established for such work under the Contract Documents; provided, that on unit price contracts, increases of more than 25 percent, decreases of more than 25 percent, and eliminated items shall be adjusted as provided in Section 3 of the FLOOD GATES INSTRUCTIONS TO CITY PROJECT NO.01-20 BIDDERS-PAGE 2 11/7/01 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 UWAUTI-IOMZEa 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. UQUIDATED 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 4 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 �tost 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 thefailure or refusal of such second or third lowest Bidder to execute the Agreement, each such bidder's Bad Securities shall be likewise forfeited to the City. 18. WORKER'S COMPENSA T IOIM REQUI REMEN7 - The Bidder should be aware that in accordance with laws of the State of California, the Bidder will, if awarded the Contract, be required to secure the payment of compensation to its employees and execute the Worker's Compensation Certification. 19. LOCAL BUSI09ESS PR®I1 07IOiV — (a) In determining the lowest responsible Bidder, the following provisions of Section 3.12.205 of the City of Palm Springs Municipal Code shall be applied to a Bid submitted by a local business enterprise or contractor: For any contract for services, including construction services, a reciprocal preference shall be given as against a non-local business enterprise contractor from any state, county or city that gives or requires a preference to contractors from that entity in award of its service contracts. The amount of the reciprocal preference shall be equal to the amount of the preference applied by the entity in which the non-local business enterprise contractor is based as against the Bid of a City of Palm Springs contractor. (b) For all contract Bids proposing sub-contractors: (1) The prime contractor shall use good faith efforts to sub-contract the supply of materials and equipment to local business enterprises, and to sub-contract services to businesses whose work force resides within the Coachella Valley ("local sub-contractor"). (2) The prime contractor shall submit evidence of such good faith efforts at the time of submission of Bids. Good faith efforts may be evidenced by placing advertisements inviting proposals in local newspapers, sending requests for proposals to local sub-contractors, or by demonstrating that no local sub-contractors are qualified to perform the work or supply the materials or equipment. FLOOD GATES INSTRUCTIONS TO CITY PROJECT NO.01-20 BIDDERS- PAGE 3 11/7101 (3) Any notice inviting Bids which may require the use of sub-contractors shall include notification of this subdivision. (4) The City may reject as non-responsive the Bid of any contractor proposing to use sub- contractors that fails to comply with the requirements of this subdivision. - END OF INSTRUCTIONS TO BIDDERS- FLOOD GATES INSTRUCTIONS TO CITY PROJECT NO.01-20 BIDDERS-PAGE 4 11/7/01 CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING DEPARTMENT PART II -- SPECIAL PROVISIONS FLOOD GATES CITY PROJECT NO. 01-20 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 FLOOD GATES PART II --SPECIAL PROVISIONS CITY PROJECT NO. 01-20 GENERAL CONTENTS - PAGE 1 11/7/01 0 0 CITY OF FI ALM SPRINIGS PUBUC WOMI'S P KID ENUMEER9NG DEPARTMENT SPECIAL PROVOONS ROOD GATES C8 T Y PROJECT Rn. 01-20 SECTION 1 -- TERMS, DERMT8 ONS, AAOSREVI AT9UNS, LAND 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 'Lhe 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, Public Works and Engineering Department, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, or such other address as the Engineer may subsequently designate in writing to the Contractor. 1-2 .3 Legal address of the Gity' s Project Representative. - The name and address of the City' s designated Project Representative FLOOD GATES TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS CITY PROJECT NO. 01-20 SPECIAL PROVISIONS-SECTION 1 - PAGE 1 1 1/7/01 • • shall be the Engineering Field Super Ivisor, City of Palm Springs, Engineering Department, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, or such other address as the Project Representative may subsequently designate in writing to the Contractor. 1-g DEFINITIONS AND TERMS I-3 . 1 Definitions and Terms. - ', Wherever in the Standard Specifications the following terms ' are used, the definitions shall be amended to read: Agency - The City of Palm Springs, a charter city organized and existing in the County of Riverside, State of California. Engineer - The City Engineer of the City of Palm Springs, California. Liquidated Damages - The amount prescribed in the Special Provisions, pursuant to the authority of Government ',Code Section 53069.85, to be paid to the City or to be deducted from any payments due, or to become due, the Contractor for each calendar 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 - FLOOD GATES TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS CITY PROJECT NO. 01-20 SPECIAL PROVISIONS-SECTION 1 - PAGE 2 1 1/7/01 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: 25 110ll3EUNG DAYS from the date specified in the Notice to Proceed from the City. In the event one Bid Schedule is not awarded and included in the Work, the Work shall be completed as indicated below, with the contract time specified for the Bid Schedule awarded. The Work identified in Bid Schedule A shall be diligently prosecuted to completion before the expiration of: 10 f ORKZKG DAYS from the date specified in the Notice to Proceed from the City. The Work identified in Bid Schedule B shall be diligently prosecuted to completion before the expiration of: 15 R10RKENG DAYS from the date specified in the Notice to Proceed from the City. In addition to the construction duration time of 25 working days for Bid Schedules A and B or 15 working days for Bid Schedule B, Contractor shall be bound by a maintenance period of 30 calendar days which is to begin upon final City Engineer' s acceptance of landscaping and irrigation installation. 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. FLOOD GATES SCOPE AND CONTROL OF WORK CITY PROJECT NO. 01-20 SPECIAL PROVISIONS-SECTION 2 -PAGE 1 11/7101 In addition, the Contractor shall pay to the City as liquidated damages the same sum as above, for; each and every calendar day the 30-day maintenance period must be extended due to landscaping and/or irrigation improvements being unprepared or unreplaced. 2-2 CONTRACT BONDS 2-2 . a BONDING COMPANY ANY 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 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 DOCENTS The provisions of Section 2--5 . 2 of the Standard Specifications shall be revised to read as follows : In resolving disputes resulting from conflicts, errors, or discrepancies in any of the Contract Documents, the document highest in precedence shall control . The order of precedence shall be as listed below: 1. Change Orders or Work Change Directives 2. Agreement 3. Addenda 4. Contractor's Bid (Bid Forms�) 5. Special Provisions 6. Notice Inviting Bids 7. Instructions to Bidders B. Plans (Contract Drawings) 9. Standard Plans 10. Standard Specifications 11. Reference Documents FLOOD GATES SCOPE AND CONTROL OF WORK Cll"Y PROJECT NO. 01-20 SPECIAL PROVISIONS -SECTION 2 -PAGE 2 11/7/01 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 : 012-7.1 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, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto, or 2-7.1.2. Other Information. - Any other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings, or 2-7.1.3. Interpretation. - Any interpretation by the Contractor of such "technical data, " or any conclusion drawn from any "technical data" or any such data, interpretations, opinions or information." 2-5 TEMPORARY ACCESS OR CONSTRUCTION RIGHTS-OP'-WAY Unless indicated otherwise, all temporary access or construction rights-of-way, other than those shown on the Pians, which the Contractor may find it requires during progress of the Work, shall be arranged by and paid for entirely by the Contractor, at its own expense. 2-6 PROTECTION OF SURVEY MONUMENTS It shall be the Contractor' s responsibility to protect all the existing survey monuments, bench marks, survey marks and stakes . Any existing monument shall not be disturbed. The Contractor is advised that any resetting of monuments will be performed by the Engineer. Should the Contractor anticipate the removal of any FLOOD GATES SCOPE AND CONTROL OF WORK CITY PROJECT NO. 01-20 SPECIAL PROVISIONS -SECTION 2- PAGE 3 1 1/7/01 survey monuments, it shall notify the Engineer prior to removal . The Contractor shall be financially', responsible for reinstalling the existing monument well, and the Engineer will reset the monument . 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 RUTHORITY OF THE ENGINEER The Engineer will decide all conflicts which may arise as to (1) the quality or acceptability of the materials or equipment furnished, (2) the performance of ',the Work, (3) the manner of performance and rate of progress of the Work, (4) the interpretation of the Plans, Specifications, and Special Provisions, (5) the acceptable fulfillment of the Contract on the part of the Contractor, and (6) compensation of the Contractor. The Engineer' s decision ' shall be final, and he shall have the authority to enforce and make effective such decisions and orders which the Contractor may fail to carry out promptly. 2-9 INSPECTION The Engineer shall have complete and safe access to the Work at all times during construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the Specifications, the Special Provisions, and the Plans . All labor, materials, and equipment furnished shall be subject to the Engineer ' s inspection. When the Work_ is substantially completed, a representative of the Engineer will make the final inspection. 2-10 SITE EXAVIINATION 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, FLOOD GATES SCOPE AND CONTROL OF WORK CITY PROJECT NO. 01-20 SPECIAL PROVISIONS- SECTION 2- PAGE 4 11/7/01 0 responsibilities, or costs of successfully performing the Work according to the Contract Documents . 2-11 FLOW AND ACCEPTa?,tT.7CE Or WRTER Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, and has prepared its Bid accordingly; and the Contractor, by submitting such a Bid, assumes all said risk. 2-12 SUBMITTALS The following provisions shall be added at the end of Paragraph 2-5 . 3 . 3 of the Standard Specifications : On lump sum items, the Contractor shall submit, for approval by the Engineer, a Schedule of Values, or lump sum price breakdown, which will serve as the basis for progress payments and shall be incorporated into a form of Application for Payment acceptable to the Engineer. Such Schedule of Values shall be submitted for approval at the Pre-construction Conference and must meet the approval of the Engineer before any payments can be made to the Contractor. - END OF SECTION - FLOOD GATES SCOPE AND CONTROL OF WORK CITY PROJECT NO. 01-20 SPECIAL PROVISIONS-SECTION 2- PAGE 5 1 1/7101 • • SEC TM 3 e_ CHANGES IN WORK 3-1 EXTRL TIORK The provisions of Section 3-3 of the Standard Specifications shall apply; provided, that the provisions for markup percentages of for overhead and profit of for extra work referenced in subparagraph 3-3 . 2 . 3 of the 2000 edition shall be deleted in its entirety and the following substituted therefor: 3-2 P1AYbffNT 3-2 .1 14al:37."ID: The provisions of Subsection 3-3. 2 . 3 Markup, shall be amended to read as follows : (a) 6''ork Toy ContzactoF . 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 Contact Unit Pxic s: The provisions of Subsection 3- 2 . 2 . 1 of the Standard Specifications shall be revised to read as follows : 3-2 .2 . 1 (a) Quantity Va- a%.ions on Unit Price CoaaL= acts : In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually clone 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) Snoxcases of Nora Than 25 Percent on Unit Price Contracts : On a unit price contract, should the total quantity of any item of work required under the Contract exceed the Engineer' s Estimate therefor by more than 25 FLOOD GATES CHANGES IN WORK CITY PROJECT NO. 01-20 SPECIAL PROVISIONS-SECTION 3- PAGE 1 11/7101 percent, the work in excess of 12,5 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 . 9 (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 compensationlpayable therefor, will be paid for by adjusting the Contract Unit Price as hereinafter provided, or at thee, option of the Engineer, payment for the quantity of the work of such item performed will. be made as if the work were to paid for as extra work as provided in Section 3-3 . 2 of the Standard Specifications, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the City; provided however, that in no case shall the FLOOD GATES CHANGES IN WORK CITY PROJECT NO. 01-20 SPECIAL PROVISIONS - SECTION 3 - PAGE 2 1'1/7/01 10 0 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 . .11 (d) gb�aa� �n wd Eu� .s oaa TJI, T-a ic, Co On unit price contracts, should any contract item of the Work be eliminated in its entirety, in the absence of an executed contract Change Order covering such elimination, payment will be made to the Contractor for actual costs incurred in connection with such eliminated contract item if incurred prior to the date of notification in writing by the Engineer of such elimination. If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the Engineer, and if orders for such material cannot be canceled, it will be paid for at the actual cost to the Contractor. In such case, the material paid for shall become the property of the City and the actual cost of any further handling will be paid for by the City. If the material is returnable to the vendor and if the Engineer so directs the Contractor, the material shall be returned and the Contractor will be paid for the actual cost of charges made by the vendor for returning the material . The actual cost of handling returned material will be paid for. The actual costs or charges to be paid by the City to the Contractor as provided in this Section 3-2 will be computed in the same manner as if the work were to be paid as extra work as provided in Section 3-3 . 2 of the Standard Specifications, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the City. - END OF SECTION - FLOOD GATES CHANGES IN WORK CITY PROJECT NO. 01-20 SPECIAL PROVISIONS-SECTION 3- PAGE 3 11/7/01 SEOT9ON 4 -- CONTROL OF MATERIALS 4-1 TRAM INAVIES OR EQUALS 4-1 . 1 substitutions . tl 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 SLI]b ittmis for ,F,4,pj®r®ofral Of "Ox ZqzaZs° . °' -- 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 MTERI ALS 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 Oa:vdars . - The Contractor shall place the order (s) for all long-lead supplies, materials, and equipment within 3 working days after the award of Contract by the City. The Contractor shall furnish the Engineer with a statement from thevendor (s) that the order (s) for said supplies, materials, and FLOOD GATES CONTROL OF MATERIALS CITY PROJECT NO. 01-20 SPECIAL PROVISIONS- SECTION 4- PAGE 1 1 1/7/01 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 - FLOOD GATES CONTROL OF MATERIALS CITY PROJECT NO. 01-20 SPECIAL PROVISIONS-SECTION 4- PAGE 2 11/7/01 SECTION 5 -- UTILITIES 5-1 REMOVAL, RELOC�t ION, Oft PROTECTION OF EXISTING UTILITIES (a) The following full text of Government Code Section 4215 shall replace the provisions of Section 5-5, subparagraph 4, of the Standard Specifications : "in accordance with the provisions of Section 4215 of the California Government Code, any contract to which a public agency as defined in Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunk-line utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids . The agency will compensate the Contractor for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. The Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the public agency or the owner of the utility to provide for removal or relocation of such utility facilities . Nothing herein shall be deemed to require the public agency to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve the public agency from identifying main or trunk lines in the plans and specifications . If the Contractor while performing the contract discovers utility facilities not identified by the public agency in the contract plans or specifications, he or she shall immediately notify the public agency and utility in writing. FLOOD GATES UTILITIES CITY PROJECT NO. 01-20 SPECIAL PROVISIONS-SECTION 5 -PAGE 1 1 1/7/01 The public utility, where they are the owner, shall have the sole discretion to perform repairs or relocation work or permit the Contractor to do such .repairs or relocation work at a reasonable price. " (b) Removal, Relocation, or Protection of Existing Utilities. - The following provisions shall be added to the end of Section 5- 5 of the Standard Specifications. "If the Contractor, while performing the Contract, discovers utility facilities not identified by the public agency in the Contract Plans or Specifications, lie 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 TMMPORARY SUPPORT Of UTILITIES The Plans identify the approximate locations of existing utilities that parallel or cross the Work. These locations are based on the best information available to the City. The Contractor shall verify these locations. During construction of the Work, some of the existing utilities may fall within the prism of trenches . If the existing utility does fall within the Contractor' s trenches, the utility involved shall be supported properly by: the Contractor to the satisfaction of the utility owner. The method of support of the utility, precautions to be taken during trench backfill and compaction, etc. , shall be per the utility owner' s requirements . The Contractor shall contact the utility owner should it anticipate such exposure of any of the existing utilities. 5-3 UTILITY LOCATION AND PROTECTION Locations of existing utilities , shown on the Plans are approximate and may not be complete:', Therefore, the Contractor shall notify Underground Service ;Alert at 1-800-227-2600 a minimum of 2 working days prior ', to any excavation in the vicinity of any potentially existing underground facilities in order to verify the location of all utilities prior to the commencement of the Work. FLOOD GATES UTILITIES CITY PROJECT NO. 01-20 SPECIAL PROVISIONS-SECTION 5 - PAGE 2 11/7/01 • i The Contractor shall be responsible for coordinating its work with all utility companies during the construction of the Work. All water meters, water valves, fire hydrants, Southern California Edison vaults, General Telephone vaults, Southern California Gas Company valves, and other subsurface structures shall be protected by the Contractor as specified in the Special Provisions . - END OF SECTION - FLOOD GATES UTILITIES CITY PROJECT NO. 01-20 SPECIAL PROVISIONS - SECTION 5 - PAGE 3 1117/01 • i SECTION 6 -- MOSECU9 a MM, PROIGRESS, AND ACCEPTANCE OF THE WORK 6-1 aQUXX)X-0-WD DA.IVLAGrS 6-1.1 %mcusnt. - 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 TX1% S Or OPErlrETION 6-2 . 1 Mou:rs WE 01-XDI�.ti0srn. - 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 WOTFFICATIOM 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, 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: Ken Kennedy (909) 335-7716 TIME-WARNER CABLE Attention: Mr. Dale Scrivner (760) 340-1312 ext.257 WHITEWATER MUTUAL Attention: Mr. Stan Clark (760) 325-5880 PROSECUTION, PROGRESS, FLOOD GATES AND ACCEPTANCE OF THE WORK CITY PROJECT NO. 01-20 SPECIAL PROVISIONS - SECTION 6 - PAGE 1 1 1/7/01 SPRINT Attention: Mr. Lynn Durrett (909) 874-7450 UNDERGROUND SERVICE ALERT (800) 227-2600 6-4 EMERGENCY INFORMATION The names, addresses, and telephone numbers of the Contractor, sub-contractors, or their representatives, shall be filed with the Engineer at the preconstruction meeting. END OL SECTION - PROSECUTION, PROGRESS, FLOOD GATES AND ACCEPTANCE OF THE WORK CITY PROJECT NO. 01-20 SPECIAL PROVISIONS-SECTION 6- PAGE 2 11/7/01 SECTMN y ee RIkSPMIMNL�`LES OF THE CONTRACTOR 7-1 LAWS TO BE 0BSERW°n 7-1 .1 GeaaeraA. . - 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. " 7-1 .2 ikuUtrr-dst Claims . The Public Contract Code citation in the first sentence of Section 7-14 of the Standard Specifications shall be corrected to read as follows: "Section 7103.5 of the Public Contract Code provides:" 7a-1 .3 Hours of Laboz. - 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 the Contractor for each calendar day during which that worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, unless such worker receives compensation for all hours worked in excess of 8 hours per day, and 40 hours during any one week, at not less than 1-112 times the basic rate of pay- FLOOD GATES RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 01-20 SPECIAL PROVISIONS-SECTION 7- PAGE 1 11/7101 7-1 .4 Prevailing Wage. - As required by Sections 1770 and following, of the California Labor! Code, the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations . Copies of such prevailing rate of per diem wages are on file at the office of the Engineer, which copies shall be made available to any interested party on request . The Contractor shall post , a copy of such determination at each job site. The Contractor shall, as a penalty to the City, forfeit $50 . 00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director for such work or craft in which such worker is employed for any public work done under the Contract by it or by any subcontractor under it. 7-1 .5 Travel and Subsistence Payments . - As required by Section 1773 . 8 of the California Labor Code, the Contractor shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Article. To establish such travel and subsistence payments, the representative of any craft, classification, or type of worker needed to execute the Contract shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within 10 days after their execution and, thereafter shall establish such travel and subsistence payments whenever filed 30 days prior to the call for Bids . 7-1 . 6 Unpaid Claims . - If, at any 'Lime 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. FLOOD GATES RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 01-20 SPECIAL PROVISIONS -SECTION 7- PAGE 2 1 1/7/01 7-1 . 7 Re'kain acpa Pront iv,Ionthly Payments. - Pursuant to Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any money withheld by the City to ensure performance under the Contract . At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent, who shall return such securities to the Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement for in-lieu construction payment retention, provided by the City between the escrow agent and the City, which provides that no portion of the securities shall be paid to the Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City will not certify that the Contract has been satisfactorily completed until at least 30 days after filing by the City of a Notice of Completion. Securities eligible for investment under Public Contract Code Section 22300 shall be limited to those listed in Section 16430 of the Covernment Code, and to bank or savings and loan certificates of deposit . 7-1 . u Contracts Zor Trenches or n Kca`PaLions; Mo`r.ica 01-1 Discovery of Hazardous TIITe sta or f,Dil'!'flter Unusual Conditions; Investigations; Chang Orda=s; Effect one Coxnt. act. - (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. 7-1 . 9 Resolution of C®nastruotiona 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. FLOOD GATES RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 01-20 SPECIAL PROVISIONS-SECTION 7 - PAGE 3 1 1/7/01 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. 7-1. . 110 Concrete Fonas, tTalse oxk, 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 . FLOOD GATES RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 01-20 SPECIAL PROVISIONS- SECTION 7 - PAGE 4 1 1/7/01 0 7-1. 11 Payroll Records; Retention; Inspection; Noncompliance Penalties; Rules aind 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 7-1 . 12, 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 7-1 . 12, 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_ . FLOOD GATES RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 01-20 SPECIAL PROVISIONS-SECTION 7 - PAGE 5 1 1/7/01 0 The Contractor and each subcontractor shall file a certified copy of the records, enumerated in paragraph one of this Section 7-1 . 12, herein, with the entity that requested the records within 10 days after receipt of a written request. Any copy of records made available for inspection as copies, and furnished upon request' to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor, Standards Enforcement, shall be marked or obliterated in such a manner as to prevent disclosure of an individual ' s name, address, and social security number. The name and address of the Contractor awarded the Contract or performing the Contract shall not be marked or obliterated. The Contractor shall inform the body awarding the Contract of the location of the records enumerated under said Section 7- 1 . 12, 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 responsibleifor the submission of copies of payrolls from all subcontractors .) FLOOD GATES RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 01-20 SPECIAL PROVISIONS- SECTION 7 - PAGE 6 1 117/01 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--2 INSURANCE AMOUNTS The insurance provided by the CONTRACTOR hereunder shall be (1) with companies licensed to do business in the state of California, (2) with companies with a Best ' s Financial Rating of VII or better, and (3) with companies with a Best ' s General Policy Policyholders Rating of not less than A, except that in case of Worker' s Compensation Insurance, participation in the State Fund, where applicable, is acceptable. The limits of liability for insurance, as required by Section 7- 3 and 7-4 of the Standard Specifications, shall provide coverage for not less that the following amounts, or greater where required by laws and regulations: 1 . Workers ' Compensation: a) State: Statutory Amount Or minimum $1, 000, 000 b) Employer' s Liability: $1, 000, 000 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 FLOOD GATES RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 01-20 SPECIAL PROVISIONS-SECTION 7 -PAGE 7 11/7/01 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--3 PERMITS 7-3 . 1 Business Licanso. 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 . 7-3.2 City of Palm Syeiiags, Construction Peziiliti:. 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. 7-4 DUST CONTROL 9"-4 . 1 General 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 FLOOD GATES RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 01-20 SPECIAL PROVISIONS-SECTION 7- PAGE 8 11/7/01 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. END OF SECTION - FLOOD GATES RESPONSIBILITIES OF THE CONTRACTOR CITY PROJECT NO. 01-20 SPECIAL PROVISIONS -SECTION 7- PAGE 9 11/7/01 SECTION 8 -- FACILITIES FOR AGENCY PERSONNEL (BLANK) - END OF SECTION - FLOOD GATES FACILITIES FOR AGENCY PERSONNEL CITY PROJECT NO. 01-20 SPECIAL PROVISIONS-SECTION 8- PAGE 1 11/7/01 SECTION 9 - MEASUREMENT AND PAYMENT 9--1 GERr &A.T. 9-1. 1 Pon gaauont. - Payment for the various items of the Bid Sheet (s) , as further specified herein, shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of work being described, as necessary to complete the various items of work, all in accordance with the provisions for Measurement and Payment in the Standard Specifications and these Special Provision, and as shown on the Drawings, including all appurtenances thereto, and including all costs of compliance with the regulations of public agencies having jurisdiction, including the Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration of the U. S. Department of Labor (OSHA) . No separate payment will be made for any item that is not specifically set forth in the Bid Sheet (s) , and all costs therefor shall be included in the prices named in the Bid Sheet (s) for the various appurtenant items of work. 9-1 .2 Partial and rin ar -Pailmen ts. - 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 materialmen 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 materialmen. FLOOD GATES MEASUREMENT AND PAYMENT CITY PROJECT NO. 0 1-20 SPECIAL PROVISIONS-SECTION 9 -PAGE 1 11/7/01 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 he 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 P.A=-- QT 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 140bilizatican. - 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. The scope of the work included under Initial Mobilization 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 . Obtaining and paying for all required bonds, insurance and permits . 3 . Posting all OSHA-required notices, and establishment of OSHA-approved safety programs . 4 . Having the Contractor' s superintendent at the job site full-time. 5 . Submitting of the required' Construction Schedule, FLOOD GATES MEASUREMENT AND PAYMENT CITY PROJECT NO. 01-20 SPECIAL PROVISIONS - SECTION 9 - PAGE 2 11/7/01 as specified in the Section 6-1, "Construction Schedule and Commencement of Work" of the Standard Specifications . 6 . Ordering all long lead-time supplies, materials and equipment. Payment Fez: Mobili z&ti n: Payment for initial mobilization will be included as part of the lump sum Bid Schedule (s) or will be included as payment of various items of work and shall constitute full compensation for mobilization. A. The Contractor' s attention is directed to the condition that 5 percent of the total Contract Price will be deducted from any money due the Contractor as initial progress payments until all mobilization items listed above have been completed as specified. 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 payments due to the Contractor. B. Payment for mobilization will be made in the form of a single, lump-sum, non-proratable allowance determined by the Engineer, and no part thereof will be approved for payment under the Contract until all mobilization items listed above have been completed as specified. In addition to the requirements specified above, all submittals shall conform to the applicable requirements of Section 2-5 . 3, "Shop Drawings and Submittals" of the Standard Specifications . - END OF SECTION - FLOOD GATES MEASUREMENT AND PAYMENT CITY PROJECT NO. 01-20 SPECIAL PROVISIONS-SECTION 9 - PAGE 3 1 1/7/01 ! • 10-2 GEMERA2, 10-1 .1 Location of f�ork The flood gates shall be installed in the City of Palm Springs at the following locations : 1 . Araby Drive at the Palm Canyon Wash: - West end location: approximately 215 feet south-east of Anza Trail . Install, complete and in place, one (1) single pipe swing gate (30 feet long) with two (2) demountable post foundations and one (1) demountable post, and one (1) non-demountable post and foundation. - South end location: approximately 15 feet north of the existing sewer manhole (approx. 830' north-west of Cholla Avenue) . Install, complete and in place, one (1) single pipe swing gate (30 feet long) with two (2) demountable post foundations and one (1) demountable post, and one (1) non-demountable post and foundation. 2 . Golf Club Drive at the Palm Canyon Wash: - North end location: approximately 60 feet south of Motecito Drive. Install, complete and in place, two (2) single pipe swing gates (38 feet long) with four (4) demountable post foundations and two (2) demountable posts, and two (2) non-demountable posts and foundations . - South end location: approximately 297 feet north of Portola Drive. Install, complete and in place, two (2) single pipe swing gates (38 feet long) with four (4) demountable post foundations and two (2) demountable posts, and two (2) non-demountable posts and foundations . 10-1 .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 . FLOOD GATES CITY PROJECT NO. 01-20 CONSTRUCTION DETAILS 11/21/01 SPECIAL PROVISIONS -SECTION 10- PAGE 1 0 3 . Measured locations of internal , utilities and appurtenances concealed in construction with reference to visible and accessible features of construction. 4 . Field changes of dimensions„ locations and/or materials with details as required to clearly delineate the modifications . 5 . 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. 10-2 `.TRAFFIC CONTROL 10•-2 . 1 Maintaining Ti:affic. Attention is directed to Sections 7-10, " Public Convenience , and Safety," of the Standard Specifications . 10-2 .2 Fie1e1 The 'Engineer retains the authority to initiate field changes in traffic control to ensure public safety and minimize traffic disruptions . The Contractor shall maintain all traffic control devices in proper working condition 24 hours a day, 7 days a week for the duration of the Work, regardless of whether the subject traffic control devices were originally included in the Contract or were added at the discretion of the Engineer. All traffic control devices shall be removed from view and non-operational when not in use. 10-2 . 3 Construction Signing', 'Lighting and Barricading -- Construction signing, lighting and barricading shall be provided on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be', in accordance with State of California, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS FOR. CONSTRUCTION A-ND 10`a .mrlm mCF WORK ZONES" dated 1996, or subsequent editions in force at the time of construction. These signs and barricades shall be indicated on and be an integral part of the Traffic Control. Plan. 10-2 . 4 Temporary No parking Signs. - Temporary No Parking signs shall be posted at least 24 hours, but no more than 48 hours in advance of the work. The signs shall be placed no more than 100 feet apart on each side of the street and at shorter intervals if conditions warrant . The Contractor shall provide the signs and will be responsible for adding the , dates and hours of closure to FLOOD GATES CITY PROJECT NO.01-20 CONSTRUCTION DETAILS 11/21/01 SPECIAL PROVISIONS -SECTION 10- PAGE 2 0 0 the signs . Removal of signs and furnishing and placing of barricades, if necessary, for posting of signs will be provided. All signs shall be removed within 24 hours after the effective date . 10-2 .5 Traffic Disruptions. -- For all road closures, road detours, lane closures, and all night operations, the Contractor shall obtain written approval from the Engineer a minimum of 2 working days prior to the commencement of the Work. All warning signs shall be manufactured with high intensity faces and legends, and shall be placed at least 7 calendar days prior to the commencement of construction. All work done on major and secondary thoroughfares shall utilize solar powered flashing arrow boards, and all signs shall remain in place during nighttime hours . Any of the Contractor' s work that may disrupt normal traffic signal operation shall be coordinated with the Engineer a minimum of 2 working days prior to the commencement of the Work. 10-2 . 6 Travel Lanes. -- In public streets, during working hours, the Contractor shall maintain not less than one lane of traffic open in each direction at all times . At night and during non- working hours, the Contractor shall leave the work site in a safe condition and allow for the full use of two lanes of traffic in each direction. Flaggers shall be utilized to ensure the safe flow of traffic at intersections and businesses that may be affected. 10-:2 .7 Traffic Rcuess and Can txol. - The Contractor shall provide and maintain all necessary traffic control to protect and guide traffic around all work in the construction zone, including solar- powered arrow boards . All traffic controls shall be clearly posted with signs prior to the commencement of the Work. All traffic restrictions listed herein shall supplement any other traffic control requirements of the City, and are not intended to replace any part of these requirements . Local access shall be maintained to all properties fronting the Work at all times. 10-2 . 0 Pr 3slsaas an y,eccass. - Access shall be maintained to all driveways within the construction zone, unless other prior arrangements have been made with the Engineer and the affected property owner. 10-2 . 9 Pode, runs>. - The Contractor shall erect signs and barricades to direct pedestrians through or around the construction zone where required or as directed by the Engineer. 10-2 . 2.0 Public Safety Du:rin Hon-Noxhling 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 FLOOD GATES CITY PROJECT NO.01-20 CONSTRUCTION DETAILS 11/21/01 SPECIAL PROVISIONS- SECTION 10-PAGE 3 0 0 to ensure public safety at or in the vicinity of the site of the Work. If such procedures are implemented, the Contractor shall be responsible for all expenses incurred by the City. 10-2 . 11 Measurement and payment Measurement for payment for traffic control will be based upon the completion of all planning, design, engineering, furnishing, and construction, and maintenance and removal, of all traffic control', as a lump sum item, complete, as required under the provisions of any permits, and in accordance with the standard specifications and these special provisions . Payment for traffic control shall be considered as included in the various bid items of work, and no additional compensation will be allowed therefore . 10-3 F AR'THG ORK 10-3 .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, excavation for gate post foundations, and removal of the existing median at Golf Club Drive (including concrete curb removal) . Said materials shall be hauled away and properly disposed of. 10-3 . 1 .1 Existing E°acilitios . - It 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, irrigation system components and associated electrical service, etc. , that is not slated for removal as part of the Contract, repair and replacement shall be at least equal to the existing improvements prior to such damage, all in accordance with requirements of the Contract Documents . The Contractor shall be responsible for any and all damage done to existing property and adjacent properties during all construction work under this contract, and the Contractor, at its expense, shall make any repairs that result from its operations, to the approval of the Engineer and the subject property owner. 10-3 .1 .2 gees Within Project Limits General. - The Contractor shall exercise all necessary precautions so as not to damage or destroy any trees or shrubs, including FLOOD GATES CITY PROJECT NO.01-20 CONSTRUCTION DETAILS 11/21/01 SPECIAL PROVISIONS-SECTION 10- PAGE 4 0 those lying within project limits, including private property, street rights-of-way, and the City golf course, and shall not trim or remove any trees unless such trees have been approved for trimming or removal by the property owner, the City, or other jurisdictional agency. Ali existing trees and shrubs which are damaged during construction shall be trimmed or replaced by the Contractor or a certified tree company under permit from the City or other jurisdictional agency and to the satisfaction of said property owner, the City and/or agency. Tree trimming and replacement shall be accomplished in accordance with the following paragraphs . Replacement. - The Contractor shall immediately notify the property owner, the City, and/or other jurisdictional agency if any tree is damaged by the Contractor' s operations . If, in the opinion of the City or said other agency, the damage is such that replacement is necessary, the Contractor shall replace the tree at its own expense. The tree shall be of a like size and variety as the tree damaged, or, if of a smaller size, the Contractor shall pay to the owner of said tree a compensatory payment acceptable to the tree owner, subject to the approval of the property owner, the City, or other jurisdictional agency. The size of the trees shall be not less than 1-inch diameter nor less than 6 feet in height. Fines will be assessed against the Contractor for trees removed without the City' s prior written approval . The minimum amount of fine or restitution to the City will be the replacement of the tree removed, with one of equal or greater size and maturity and as approved by the property owner and the City. Larger fines may be assessed against the Contractor depending upon the circumstances and type of tree removed, especially in the case of oak trees . 10-3. 1 .3 1rtz.chts of Evans. - 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 FLOOD GATES CITY PROJECT NO.01-20 CONSTRUCTION DETAILS 11/21/01 SPECIAL PROVISIONS- SECTION 10- PAGE 5 0 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. 10-3 . 1 .4 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 will be allowed to stockpile removal material on adjacent lots with the written permission of the property owner. Said written permission must be approved by the Engineer prior to placement of any material on the property. All stockpiled material shall be removed and disposed of at the end of each work week. 10-3.1 .5 Payment. Payment for Clearing and Grubbing, including curb, median and sidewalk removal on Golf Club Drive, pavement removal and replacement on Araby Drive and all gate foundation excavations shall be included in payment for the various items of work, and shall constitute full compensation for removal and disposal of all resulting materiais as shown on the plans and required in the Standard Specifications and these special provisions and as directed by the Engineer. 10-4 CRUSHED MISCELUkNnOUS BR�SZ; 10-4 . 1 Material. All base material shall be imported crushed miscellaneous base, meeting the requirements of Section 200-2 . 4 of the Standard Specifications. 10-4 .2 Pa aent. - Payment for Crushed Miscellaneous Base will be made at the bid item price per square foot, and no additional compensation shall be made therefor'. 1.0-5 ASPM31L`T' CONCRETE 10-5. 1 Asphalt Concrc tas Pavement. Asphalt concrete pavement shall be laid in one lift of 3 inches of Type Cl--AR4000 asphalt concrete pavement. Asphalt concrete' pavement shall be placed on a prepared base. All asphalt concrete pavement material shall conform to Section 203-6 "Asphalt Concrete" of the Standard Specifications . FLOOD GATES CITY PROJECT NO.01-20 CONSTRUCTION DETAILS 11/29/01 SPECIAL PROVISIONS -SECTION 10-PAGE 6 10-5 .2 Tack Coat. Tack coat shall be a SS-lh emulsified asphalt and it shall be 'applied to all clean, existing asphalt areas prior to placing with new asphalt concrete. 10-5. 3 Asphalt Concrete Placement. Application of asphalt concrete shall conform to Section 302-5 . 5 "Distribution and Spreading" and Section 302-5. 6 "Rolling" of the Standard Specifications, unless otherwise approved by the Engineer. The Contractor may propose alternate method of distribution and spreading of asphalt concrete which will provide required compactions 10-5. 4 Measurement and Pa oya . Payment for Asphalt Concrete will be made at the bid item price per square foot, and shall include full compensation for construction of asphalt concrete including all material, labor, plant, equipment, furnishing all transportation, hauling, spreading, compacting, and protecting, complete in place, and tack coat, as shown in the Contract Drawings, in accordance with the Standard Specifications and these special provisions . 10-6 P®PTLhND CrMMT COMPUB E 10-6 . 1 Material . Portland Cement Concrete of the class and type shown on City Standard Drawings shall be used to construct new curb and foundations . 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. 10-6 .2 Curb. Construction of new curb shall conform to the City of Palm Springs Standard Drawing Number 200 . Portland Cement Concrete of type 560-C-3250 (6 Sack) shall be used for construction. Type Al-6 Curb 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 of the Standard Specifications . 10-6 .3 Cate Foundation . Construction of new foundations for the pipe swing gates shall conform to the drawing No. 7 . The foundations shall be located as shown on the plans, as specified in these special provisions and as directed by the Engineer. Portland Cement Concrete of type 560-C-3250 (6 Sack) shall be used for construction. It is the Contractor' s responsibility to survey the existing ground elevation and adjust the top of each flood gate foundation accordingly, such that the flood gate can swing open and shut level (not skewed or at odd angles) , in accordance with Drawing No. 7 . All foundations for each gate (two foundations for the FLOOD GATES CITY PROJECT NO 01-20 CONSTRUCTION DETAILS 11/21/01 SPECIAL PROVISIONS- SECTION 10 - PAGE 7 demountable post and one foundation for the non-demountable post) shall be at the same approximate elevation. 10-6 . 6 Sidewalk. Sidewalk material shall be Portland Cement Concrete of type 560-C-3250 (6 Sack) . Construction of sidewalk shall conform to City of Palm Springs Standard Drawing No. 210 . The Construction Plans indicate where sidewalk is to be installed. Application details and other specifications shall conform to Section 303-5 of the Standard Specifications . r 0-G .5 Payment. Payment for construction of Portland cement concrete curb shall be made at the bid item price per linear foot "Construct Type Al-6 Curb" , and shall include full compensation for P.C. C. curb 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 concrete gate foundations shall be included as part of the lump sum bid item for pipe swing gates, and shall constitute full compensation for P. C.C. foundations complete in place as shown on the plans, as specified in the standard specifications and in these special provisions and as directed by the Engineer. Payment for P. C.C. Sidewalk per C. P. S. Std. Dwg. 210 shall be made at the unit price Bid per square foot for "Construct 4" P.C.C. Sidewalk" , and shall constitute 'full compensation for P.C.C. sidewalk complete in place as shown on the plans, as specified in the standard specifications and in these special provisions and as directed by the Engineer. Payment for P.C.C. items shall include full compensation for construction of P.C. C. items including all material, labor, plant, equipment, furnishing all transportation, hauling, spreading, finishing, and protecting, complete in place, in accordance with the standard specifications and these special provisions. No separate payment will be made for grading, preparation of sub- grade, furnishing and setting of expansion joint material, disposal of excess materials, and all other appurtenant items for which separate payment is not specifically provided in the bid. 10 -`i INDMIMPING All landscaping and irrigation work shall conform to Section 308 "Landscape and Irrigation Installation" of the Standard Specifications . If any palm tree is damaged in the process of installing the flood gates, the , Contractor shall replace the FLOOD GATES CITY PROJECT NO.01-20 CONSTRUCTION DETAILS 11/21/01 SPECIAL PROVISIONS-SECTION 10- PAGE B damaged tree in kind (same species, height, and diameter or greater) , and remove and dispose of the damaged tree at the Contractor' s own expense. 10-7 .1 LANDSCAPING. - The Contractor shall provide and install the landscaping within the area of the Work as shown on the Plans, as per these Special Provisions, and to the satisfaction of the Engineer. Landscaping provision and installation may include, but not be limited to, trees, shrubs and ground cover as shown on the plans. 10-7 .2 IRRIGATION. - The Contractor shall modify and extend existing irrigation systems and install new irrigation as shown on the Plans, as directed by the Engineer, and in accordance with Section 308 of the Standard Specifications . If the flood gate foundations interfere with existing irrigation lines, the lines shall be relocated. 10-7 .3 TREES, PLANTS, A117D GI8oENDCOVER 10-7 .3 . 1 General. Plants and planting material shall meet or exceed the specifications of Federal, State, and County laws requiring inspection for plant disease and insect control . 10-7 . 3 .2 Products. Fertilizer: Agriform 10-10-5 Planting Tablets shall be used for fertilizing the soil. Pre-emergent Weed Control: Pre-emergent weed control shall be "Surflan" or approved equal . 10-7 .3 .3 Materials. Soil . Contractor shall use existing soil when possible. This and any imported soil shall meet the requirements listed in Section 300-2 . 7 of the Standard Specifications . All soil used around planting shall be free of rocks 2" and larger. All soil shall be fully compacted. No air pockets or settling of the soil below finish grade requirements will be permitted. Contractor shall be responsible to readjust soil to specified elevations if settling occurs . The Contractor shall be responsible for obtaining any required clearances from the California Department of Food and Agriculture (Red Imported Fire Ant Form CA-1) , as necessary, for any import of soil . Plant Materials. The Contractor shall furnish and install plants typical of their species or variety; with normal, densely- developed branches and vigorous, fibrous root systems . The FLOOD GATES CITY PROJECT NO.01-20 CONSTRUCTION DETAILS 11/21/01 SPECIAL PROVISIONS-SECTION 10- PAGE 9 Contractor shall provide only sound,, healthy vigorous plants free from defects, disfiguring knots, su;n-scald injuries, abrasions of the bark, plant diseases, insect eggs, borers, and all forms of infestation. All plants shall be fully developed without voids and open spaces . All plant material shall have been grown under climatic conditions comparable to those of the subject site, unless otherwise specifically approved by the Engineer. 10-7 . 3.4 Preparation. Contractor shall assure that all necessary site preparation and irrigation work is complete prior to planting. The location of plants shall be determined by scaling from Planting Plans or as directed by the Engineer. Plant centers are shown on the Planting Plan to determine plant spacing. Contractor shall clean up site as necessary prior to planting. All areas to receive planting shall be free of debris . 10-7 . 3 .5 Installation off Tzz.aa and Shares . 10-7 . 3 .5 .1 Goneral. Nursery stock shall be planted immediately upon delivery to the site and approval by the Owner. Nursery stock, in containers, shall be protected from sun and wind and shall be watered as necessary. 10-7 . 3.5 .2 Exczc;rat ng. Excavation for all plants shall be per Planting Details . If mechanical auger is used, probe by hand to determine if mechanical auger will hit any in-place utilities . 10--7 . 3 .5.3 Planting: (a) Native Soil 1 part Land Tech Dark Irish Peat Moss (b) Backfill : (Per cubic yard) 8 parts Dig holes - Native Soil on-site 2 parts well composed. (c) Fill excavated hole with water and allow to drain (d) Fill holes with back-fill', (e) Scarify sides of plant hole and root ball per installation details . (f) Fill to proper height to 'receive the plant, and thoroughly tamp the mixture before setting the plant. FLOOD GATES CITY PROJECT NO. 01-20 CONSTRUCTION DETAILS 11/21/01 SPECIAL PROVISIONS - SECTION 10-PAGE 10 (g) Set plant in upright position in the center of the hole, and compact the back-fill mixture around the ball and or roots . (h) Place plant tablets in back-fill per planting detail . Quantity of tablets used for each size plant container shall be per manufacturer' s specifications . (i) Thoroughly water each plant when the hole is 2/3 full . After watering, tamp the soil in place until the surface of the back-fill is level with surrounding area and the crown of the plant is at the finished grade of the surrounding area. (j ) After planting, finish grade all planting areas to a smooth and even condition, making certain that no water pockets of irregularities remain. All planting areas shall be finished graded to comply with contours and elevations specified on Grading Plans . Unless shown or noted otherwise on the Grading Plan, all finish grades are to be level 1 1/2"-2" below top of curb or adjacent hardscape. 10-7 . 4 MAINTENANCE AND PItA1'l7T ZST'ABLISFYC+FNT PERIOD. 10-7 .4 .1 Maintenance Period. The maintenance period shall be 30 days after completion of all landscaping installations and irrigation improvements as determined and approved by the Engineer. The Contractor shall notify the Engineer when installation is complete and schedule a preliminary walk-through. Maintenance period shall begin after all punch list items have been completed and written confirmation has been received. 10-7 . 4 .2 Replacement of Unacceptable Material . Unacceptable material will be all dead or damaged plants, inoperable irrigation equipment and broken/damaged rocks . If at any time during the maintenance period damage occurs, the Contractor shall immediately correct such damage. Once the unacceptable material has been repaired or replaced, that new material will have a new 30-day maintenance period from the date it was repaired or replaced. It is to the benefit of the Contractor to repair or replace any unacceptable material immediately, since the Contractor shall pay liquidated damages for each calendar day beyond the 30-day maintenance period. Pruning is to be done on trees and shrubs on a remedial basis only to correct form deficiencies. 10-7 .5 FINAL WALK-THROUGH. Final walk-through is to be scheduled at the end of the 30 day maintenance period. Final walk-through FLOOD GATES CITY PROJECT NO.01-20 CONSTRUCTION DETAILS 11/21/01 SPECIAL PROVISIONS-SECTION 10- PAGE 11 shall be done by the Engineer, and be followed by a punch list of items to be completed before the job is deemed completed. Final acceptance of the project shall occur only after the City has determined that all items of work have been completed and that all plant material has been established. 10--7 . 6 PA1�T��°iT. All costs for landscaping shall be', included as part of lump sum bid item for "Landscaping" , and shall include full compensation for excavating, grading, planting and all other appurtenant work, and no additional compensation will 'be made therefor. All costs for irrigation shall be included as part of the lump sum bid item for " Irrigation" , and no additional compensation will be made therefor. Payment for irrigation shall include all materials, labor,, equipment, and services required to provide landscaping irrigation complete and in place . 10-€3 SWING CMi TES 10-8 1 DOUERIALS . The Single Pipe Swing Gates shall be fabricated from commercial quality, 'or better, weldable steel. All materials shall be protected by galvanizing. The materials shall meet the requirements of Section 80-4 "Chain Link Fence" of the State of California, Department !, of Transportation Standard Specifications, 1992 edition. All metal surfaces shall be finish-treated with Permeon, or other approved surfacing material, such that the galvanized metal surfaces appear "weathered" and earth-tone in color. The Contractor shall provide approved 'product specifications at the pre-construction meeting, and shall test the product prior to treating the pipe swing gate metal surfaces . The galvanized iron pipe (Note No. 1 ' on Project Drawing No. 7) shall be taped at 1 . 5 feet intervals with high intensity contact sign sheeting (4-in. wide) . The gates shall be manufactured as, shown in the project drawing No. 7, and shall swing free of all adjacent obstructions encountered at the project locati',ons from an open and closed position. The "Road Closed" signs installed on each swing gate shall be a type of metal sign constructed to fold closed by means of a hinged joint, such that the sign can not be read by traffic when folded. The signs shall include a latch suitable for fixing the sign in a folded closed position. FLOOD GATES CITY PROJECT NO. 01-20 CONSTRUCTION DETAILS 11/21/01 SPECIAL PROVISIONS-SECTION 10- PAGE 12 All costs for construction and installation of pipe swing gates, including all materials (galvanized steel pipe, sheet metal, traffic signs, monument frame and cover, concrete foundations, galvanized chain, and various items as shown in the detail drawings) , finish treatment with Permeon or other approved product, required welding and all appurtenant work as shown on the plans, as specified in the standard specifications and in these special provisions and as directed by the Engineer, shall be included as part of the lump sum bid item for pipe swing gates . 10-9 TRAFFIC SIGNS The Contractor shall install new advance warning traffic signs Type C19 "Road Closed Ahead" minimum 300 feet ahead of each gate, at locations established by the Engineer. This work shall be done in accordance with Standard Drawing No. 624 (providing new signs, posts and sleeves) , a copy of which is included in these provisions . The "Road Closed Ahead" signs installed ahead of each gate shall be constructed to fold closed by means of a hinged joint, such that the sign cannot be read by traffic when folded. The signs shall include a latch suitable for fixing the sign in a folded closed position. All costs for installation of advance warning signs as specified in the standard specifications and in these special provisions and as directed by the Engineer, shall be included as part of the lump sum bid item for pipe swing gates and no other payment shall be made therefore. - END OF SECTION FLOOD GATES CITY PROJECT NO 01-20 CONSTRUCTION DETAILS 11/21/01 SPECIAL PROVISIONS-SECTION 10 - PAGE 13 CITY OF PALM SPRINGS PUBLIC WORKS AND ENGINEERING DEPARTMENT PART" III - APPENDIX FLOOD GATES CITY PROJECT NO. 01-20 Project Drawings: 1. Vicinity Map. 2. Araby Drive - Flood Gate Locations. 3. Golf Club Drive - Flood Gate Locations. 4. Golf Club Drive - Flood Gate Location Details. 5. Golf Club Dr. Flood Gates and Landscaping - North End 6. Golf Club Dr. Flood Gates and Landscaping - South End 7. Single Pipe Swing Gate. 8. Double Pipe Swing Gate. Standard Drawing: 1. City of Palm Springs Standard Drawing No. 200 2. City of Palm Springs Standard Drawing No. 210 3. City of Palm Springs Standard Drawing No. 624 FLOOD GATES CITY PROJECT NO.01-20 CONTENTS 11/21/01 PART III SAN RAFAEL DR. to OF P S y FRANC IS DR. PALM SPRINGS ALM sN MN✓W S COUNTRY CWO v�Ti 'z M TaNA O'wyyy u P ¢RACQUET CLUB ROAD VERONA RD. OyFmI¢li � IICgw[ GG CD Ld O a GG o p 5 VSTA< ChIIND ROAD 111 VISTA CHING ROAD ` y"1'F'ORA-T , cW N. yG SGWA GP. cq4 I FORN� w NSE EL MIRADRl 4CJ`IT a 1 a I a> o A H-VAH ROAD ¢ \ \\ zz o S D w 2 RUTH p T \\ \ [D U HARDY TAMARISK RD. \\ \\ a o O d z d y ALEJO ROAD o � z ¢ ¢ r AMADO ROAD nxrYi I iN'-\I\ NOT TO v TAHOUITZ CANYON WAY O 1 1� I \N SCALE 3 PALM SP RINGSMAU w El TENNNIS PCL I \ BARISTO ROAD Wy SANRNINO < a P.S.HIGH PALM SPRINGS I RAMON ROAD ¢ RAMON ROAD �� SCHOa' INTERNATIONAL AIRPORT 1 > S o WARM SANDS y, m GG o. F g SUNNY DUNES ROAD >_ j SUNNY DUNES ROAD o ti a w } I LL a w MESQUITE AVE. PNN mRlxcs LR '� 'TNiWIrz nTmc' Mrs UITE AVE, o GIXF COURSE DEMUIH U PARK (PURHC) TENNIS COURTS z SONORA ROAD a ,��MDIJTECITO DR. I^� CAST PALM CANYON DRIVE PNLI s svnwc GIXF CPR ir BOTANICAL GARDENS a iq,4Wln Py o WNr < > POR m 111 rDy DO f45I PgG'4C o ANYON ORl(c dJe/ ear=RD RD a < ` S Gai z � A a a 0 r 111 FT w �YZ N $MOKEIREE .\a0 iABLfs Qua CANYON SWM Q� ANGRY OWD OARABY DR. FLOOD GATE LOCATIONS °"�RRaY ®GOLF CLUB DR. FLOOD GATE LOCATIONS R BGGERT AIL VICINITY MAP CITY OF PALM SPRINGS, CALIFORNIA 1 ° PROPOSED C19 SIGN °ROAD CLOSED AHEAD' a R/W R/W AN_ZA 1 TRAIL I 5' 26' 5' PAVED 2' \ 35' ACCES RD. 2 PAVED ACCES RD. TO LEVEE TO LEVEE ,9 �\ PAVED ACCES RD, "p TO LEVEE - 9d� DEMOUNTABLE POST "JL PROPOSED GATE LOCATION AND FOUNDATION q\ � \ CONCRETE NON-DEMOUNTABLE POST I v'7EST END NOTES: AND FOUNDATION 1 c'S 1. INSTALL ONE (1) SINGLE PIPE SWING GATE (30' LONG) WITH TWO DEMOUNTABLE - 7 POST FUNDATIONS AND ONE DEMOUNTABLE POST, AND ONE NON-DEMOUNTABLE \ ' POST AND FOUNDATION. CONCRETE` y r�� 2. GATE SHALL SWING OPEN EASTHERLY. PAVED ACCESS RD. PAVEMENT 3. ROAD SLOPING TOWARDS THE WASH. TO LEVEE STREET SECTION LOOSING EAST - VEST END LOCATION P R/W R/W y1. QFv 30' i30, 3 o? 1 1' 1 2' DIRT BOULDER SLOPE I DIRT SOULDER QQy Is, PROPOSED GATE LOCATION DEMOUNTABLE POST) / 1 AND FOUNDATION NON-DEMOUNTABLE POST /c SOUTH END AND FOUNDATION NOTE: ISEWER MANHOLE 1. INSTALL ONE (1) SINGLE PIPE SWING GATE (30' LONG) WITH TWO DEMOUNTABLE POST FUNDATIONS AND ONE DEMOUNTABLE POST, AND ONE NON-DEMOUNTABLE y POST AND FOUNDATION. v I 2. GATE SHALL SWING OPEN NORTHERLY, �\p IP STREET SECTION LOOKING NORTH e SOUTH END LOCATION PROPOSED C19 SIGN - �: P \ Ain,ABY DRU` F' - ?+'LOOI3 GATE, LOCATIONS NOT TO SCAT — NOT TO SCALE gg PROPOSED C19 SIGN ` 'ROAD CLOSED AHEAD' R/W 44' 44' R/W � .6 34' 12' 34' y 2' q0� 2 DIRT I LANDSCAPED h7EDIAN ' SIDEWALK 5 p@ PROPOSED GATE LOCATION DEMOUNTABLE POST 5 6' CURB AND M1 6' BARRIER CURB (TYP) p NORTH END AND FOUNDATION GUTTER (TYP) I-2% (TYP)�NON-DEMOUNTABLE DEMOUNTABLE FOUABLE P VVV ' POSTS AND FOUNDATIONS AND FOUNDATIO NOTE: INSTALL TWO (2) SINGLE PIPE SWING GATES (38' LONG) WITH FOUR \ DEMOUNTABLE POST FUNDATIONS AND TWO DEMOUNTABLE POSTS, AND TWO NON-DEMOUNTABLE POSTS AND FOUNDATIONS. w W STPEET SECTION LOOSUNG NORTH - NOTTE END LOCATION C3 ` o PALM CANYON WASH U I �E3 v R/W 44' `� 44' R/W Lo L /I O 34' 12' 34' 5' E / / 2' 2' ti PROPOSED GATE LOCATION DIRT I LANDSCAPED MEDIAN SOUTH END DIRT i 8I`ep;I DEMOUNTABLE POST 6' CURB AND o 6' BARRIER CURB (TYP) / Ty r< AND FOUNDATION GUTTER (TYP) 1-2/. CTY. ) DEMOUNTABLE POST NON-DEMOUNTABLE AND FOUNDATION POSTS AND FOUNDATIONS �pOR1ILA N©TE: INSTALL TWO (2) SINGLE PIPE SWING GATES <38' LONG) WITH FOUR DEMOUNTABLE POST FUNDATIONS AND TWO DEMOUNTABLE POSTS, AND PROPOSED C19 SIGN TWO NON-DEMOUNTABLE POSTS AND FOUNDATIONS. 'ROAD CLOSED AHEAD' ' NOTES: STREET SECTION LOOIGNG NORTH v SOUTH END LOCATION I. ROAD SLOPING TOWARDS THE WASH. i 2. ALL GATE SUPPORTING POSTS SHALL BE GOLF CUUB DimVE e FLOOD GATE LOC'L''.,"T�FONS`I INSTALLED 2' BEHIND THE EXISTING CURB FACES, 67) NOT TO SCALE NOT TO SCALE 1 WASH PP NY�N � I I I I I i CURB AND GUTTER I I I I I I I I I MONTECITO TWO DEMOUNTABLE POSTS _—-—- AND FOUNDATIONS CURB AND GUTTER I I I DRIVE 0 I I 2'(TYP.) h I 1� COVERED DEHOUNTABLE IF 8D' ! TWO NON-DEMOUNTABLE FCOVE POST FOUNDATSON � (TYP.) 0 POSTS AND FOUNDATIONS 38 (SEE DWWG. No 6)(TYP.) 2' CTYPJMOUNTABLE a p COVERED DEMOUNTABLENDATiON nr I `� 'i ;; o I NDATION POST FOU tee_ I oeemeo_e No 6)COVERED DEMOUNTABLE-POST FOUNDATION 8' WIDE (SEE DWG. No 6) i I TWO NON-DEMOUNTABLE Dr BIKEPATH POSTS AND FOUNDATIONS I i SIDEWALK 34' 12' 34' I TWO DEMOUNTABLE POSTS I I CURB AND GUTTER CURB AND GUTTER AND FOUNDATIONS I I 3i 34' 12' 34' S' I 88' R/W �-- I N �I 44' 65' A W y I � > Cy oatDR �iQ � J V JIG 0 NOT TO SCALE lSOUTH END LOCATION NOT TO SCALE NOTES: 1. INSTALL TWO (2) SINGLE PIPE SWING GATES (38' LONG) WITH FOUR DEMOUNTABLE POST FUNDATIONS AND TWO DEMOUNTABLE NORTH END LOCATION POSTS, AND TWO NON-DEMOUNTABLE POSTS AND FOUNDATIONS. 2, ROAD SLOPES TO NORTH DOWN TO WASHNOTES: 1. INSTALL TWO (2) SINGLE PIPE: SWING GATES (38' LONG) WITH ! _ FOUR DEMOUNTABLE POST FUNDATIONS AND TWO DEMOUNTABLE i Citl GOLF CLUBDFF! POSTS, AND TWO NON-DEMOUNTABLE POSTS AND FOUNDATIONS. 2. ROAD SLOPES TO SOUTH DOWN T❑ WASH FLOOD GATE LOCATION DETAZ1 s I NOT TO SCALE L/2 L (VARIES - SEE PLANS) 8qMiN, _ (� n CALTRANS C2 SIGN WITHdJ�' WELD DIAMOND GRADE REFLECT. SHEETINGO F 17 a 2 _ - DEMOUNTABLE � 7 I m - A POST AND WELD -l- 17 ! FOUNDATION (SEE DWG. PIo.B C 14 I FOP. DETAILS)• SECTION � � e y mm d d CeCdl < I N F}— 0 NTS SHNGLE PIPE SWING GATE ti 0 . I 1/4' WEEP HOLE FRONT VIEW 4 � 4 2� .• I � NOTES: 1Q GALVANIZED IRON PIPE 2.375' O.D. (2' NONJ FOR THE 30' AND 38' LONG GATES WITH REFLECTIVE TAPE EVERY 1.5 FEET (HIGH INTENSITY CONTACT SIGN SHEETING, 4' WI➢E 2' GALVANIZED IRON PIPE 4 1/2' O.D. (4' NOMINAL). Q GATE REST. ONE-HALF OF GALVANIZED IRON PIPE 3.5' O.D. (3' NOMINAL). GRIND TO FIT VERTICAL POST. FIELD WELD. B ® PORTLAND CEMENT CONCRETE 560-C-3250 (6 SACK). $' I QS POSTS SHALL HAVE WELDED CAPS. 2 © HINGE BOLTS 5/8'. WELD THREADED END AFTER INSTALLATION, Q7 STANDARD HINGE CLAMPS. WELD THREADED END OF BOLTS AFTER INSTALLATION. 22' 3 ® 3/8' GALVANIZED CHAIN. FIELD WELD ONE LINK TO VERTICAL POST. PROVIDE 1 3 1 WELD OPENING IN LINKS FOR PADLOCK AS SHOWN. CHAIN SHALL BE OF SUFFICIENT LENGTH TO ENCIRCLE HORIZONTAL PIPE. ENDS OF PIPES TO BE JOINED SHALL BE GROUND TO FIT NEATLY BEFORE WELDING. 10 MATERIALS AND CONSTRUCTION METHODS SHALL CONFORM TO THE APPLICABLE 2 PORTION OF SECTIONS 206-6, 210-3 AND 304-3 OF 'STANDARD SPECIFICATIONS $ I FOR PUBLIC WORKS CONSTRUCTION`, LATEST EDITION. $ 14 THE 'ROAD CLOSED' SING SHALL BE FIXED TO THE GATE BY 1/4' ZINC PLATED 16 I U-BOLTS, AND SHALL,BE CAPABLE OF BEING FOLDED CLOSED, 16 16 PADLOCKS WILL BE PROVIDED BY THE CITY OF PALM SPRINGS. 1© 1/8' METAL SHEET PANELS. DETAIL A SECTHON P®P, SII�TGI E PIPE � �Ii�i GATE Q NOT To SCALE � NOT TO SCALE NOT T❑ SCALE L (VARIES - SEE PLANS) L L/2 fL 1 CALTRANS C2 SIGN WITH 5 mom 5 �WELD 1 DIAMOND GRADE REFLECT. SHEETING p C •LGk :^ 7 M 1 -- e_ 2 DEMOUNTABLE ` v 6 w Ln 17 B POST AND 8 FOUNDATION C 14 EXISTING ASPHALT CONCRETE PAVEMENT (SEE DWG. No.7) i a P F F 8 II N DOUBLE PIPE SLING GATE M • • f 114' WEEP HOLE FRONT -VIEI1 a • e WELD 4 �o 1/8' IS ® FOUR 2 24' LINKS ➢IAMETER NOTES: (DGALVANIZED IRON PIPE 1.66' O.D. (1 llb' NOM.) FOR 24', 24.5' AND 26' LONG GATES. GALVANIZED IRON PIPE 4 1/2' O.D. (4' NOMINAL) GATE PEST. ONE-HALF OF GALVANIZED IRON PIPE 2.375' O.D. (2' NOM.) FOR 24' 8 I WELD 24.5' AND 26' LONG GATES. GRIND TO FIT VERTICAL. POST. FIELD WELD. _ __ T ® PORTLAND CEMENT CONCRETE 560-C-3250 (6 SACK). 1 S 1, 3 I ( d QS POSTS SHALL HAVE CAPS (1/4' STEEL PLATE WELDED TO TOP). E 3 WELD i © HINGE BOLTS 5/8'. WELD THREADED END AFTER INSTALLATION. O7 STANDARD HINGE CLAMPS. WELD THREADED END OF BOLTS AFTER INSTALLATION. i - a ® 3/8' GALVANIZED CHAIN, FIELD WELD ONE LINK TO VERTICAL POST, PROVIDE OPENING IN LINKS FOR PADLOCK AS SHOWN, CHAIN SHALL HE OF SUFFICIENT ' WELD DETAIL 'B 11 LENGTH TO ENCIRCLE HORIZONTAL PIPE. WELD 12 NOT TO SCALE $ O ENDS OF PIPES TO BE JOINED SHALL BE GROUND TO FIT NEATLY BEFORE WELDING. 12 SO MATERIALS AND CONSTRUCTION METHODS SHALL CONFORM TO THE APPLICABLE L-_J 10 3/4' AC PORTION OF SECTIONS 206-6, 210-3 AND 304-3 OF 'STANDARD SPECIFICATIONS 16 13 13 FOR PUBLIC WORKS CONSTRUCTION', LATEST EDITION. __ 11 5' STEEL PIPE SLEEVE. PIPE SLEEVES SHALL HE LOCATED AT STREET CENTER- LINE LINE AND AT ROAD SHOULDER OR SIDEWALK, SO THAT GATE CAN BE LOCKED IN THE NOT TO SCALE H r__ GATE OPEN AND GATE CLOSED POSITIONS. THE POST WELLS SHALL BE COVERED 1 i II 1. ,D d nII' BY TYPICAL MONUMENT COVERS. 1/4' U-BAR, 3' LONG, WELD TO EACH GATE FOR LOCK CHAIN. • II • = _ 13 MONUMENT FRAME AND COVER TYPE ALHAMBRA FOUNDARY CO. A-2925 /'� i PADLOCKS WILL BE PROVIDED II, u5) 3B' BOLT <4' LONG) WITH NUT FOP. COVER REP90VAL (1/2' HOLE) BY THE CITY OF PALM SPRINGS. 5 SWING G a /�1/8' METAL SHEET PANELS �• DOUBLE PIPE SATE IQE FOR SECTION C-C SEE DRAWING No. 7 FOUNDATION COVER DETAIL Pi FOR DEMOUNT-0 LE POSTS NOT TO SCALE i NO. VISIONS APPROVED DATE G" IIj I/2" R= 1/2' BTA. ACPVMNT. 1 1/2" Rd/2" I/4" LIP ITYP.I _ R-�in C. PVMNT N (A A1-6 Al-8 A2-6 A. C. PVMT. R.122 � 6„ 12„ I. _I I I/2" I" I N 17YP.) A2—$ ONSITE ONLY ONSITE ONLY B1 B2 24" --1 6" 3' 3' IB"— c� 2.. _S �1/2" I SLOPE _ SLOPE I"R FLOWLINE 6 '1 OF GUTTER 1/2" FIBER EXPANSION JOINT 6 CROSS GUTTER-SECONDARY THOROUGHFARE D1 C1 - END OF CURB 4 4' 0" oil 2" I 6" 1 2.' I I 1 SLOPE (-1/2 SLOPE B B' CROSSGUTTER-MAJOR THOROUGHFARE NOTES: D2 A. C. PVMT A-HIGH DIKE I TYPES A-HIGH DIKE, A)-6. AND AI-B ARE BARRIER CURBS 2. TYPES A,B,C AND D ARE CONSTRUCTED OF PORTLAND CEMENT CONCRETE. 560•C-3250 16 SACK). 3 TYPE A-HIGH DIKE IS CONSTRUCTED OF ASPHALTIC CONCRETE lE AN BOCCI 4. TYPE B CURB AND GUTTERS ARE FOR ONSITE USE ONLY. 5 ALL EXPOSED CORNERS ON P C.C. CURBS AND GUTTERS SHALL BE ROUNDED WITH A 1/2" RADIUS 6 AC. PAVEMENT SHALL BE 1/4" ABOVE LIP OF GUTTER 7, EXPANSION AND WEAKENED PLANE JOINTS, SEE SECTION 303-5.4 SCORING 5 FEET MAXIMUM. SPACING FOR 1" DEEP WEAKENED PLANE JOINTS 10 FEET. CITY OF PALM SPRINGS ''APPROV5 - DATE. I G DEPARTMENT OF PUBLIC WORKS � - 2 931 CITY ENGINEER R C.E. DRAWN BY, S J C FILE NO STANDARDS CURB AND GUTTER CHECKED BY E.R.F. DWG. NO 200 Z O m ��.i ZONE C.B.D. - FACE OF CURB TO PROPERTY LINE zy C� ZONES R-2 THRU B, C, AND M - S' CrJ M ZONE R-1 - 5' .-lm7 A.C. PAVEMENT 4' MIN. SIDEWALK SLOPE = 1/4" 1' r z b HILLSIDE STREETS 2 % x 0a mi m d FOR FINISH SEE SECTION 4" P. C. CONC. SHALL BE A MINIMUM 3250 LB. y 303-5.5 OF THE STD. SPECS. CONCRETE IN ACCORDANCE WITH THE STANDARD O �y CURB do GUTTER FOR PUBLIC WORK CONSTRUCTION SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION Z z Z SEE C.P.S. STD. DWG. 200 LATEST EDITION. LATEST EDITION (550-C-3250, 6 SACK). U) —I 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 _ n ➢ m m 1" DEEP WEAKENED PLANE JOINTS SHALL BE 10 FEET. SCORING SHALL BE DONE EVERY 5 FEET. z _ n 2. ORNAMENTAL SIDEWALKS SHALL BE ALLOWED IF STRENGTH AND TEXTURE ARE EQUAL TO OR GREATER m Z ;0 THAN THE PROVISIONS OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, LATEST m Z O EDITION AND ARE APPROVED BY THE PLANNING COMMISSION. ZfGTI T 3. PALM CANYON DRIVE FROM TRAMWAY TO EAST CITY LIMITS - SIDEWALK FROM FACE OF CURB TO rl c PROPERTY LINE. 4. INDIAN CANYON DRIVE FROM CAMINO PAROCELA TO VIA ESCUELA - SIDEWALK FROM FACE OF CURB _ TO PROPERTY LINE. 5. STREETS IN EXCESS OF 5 % SLOPE, WITH SIDEWALKS. SHALL HAVE MIN. 6' X 6' LANDING AREAS z oT rmDi EVERY 400' WITH A MAXIMUM 2% SLOPE BEHIND THE SIDEWALK. D M t. 6. A MINIMUM 48" CLEAR PATH OF TRAVEL SHALL BE PROVIDED AT ALL OBSTRUCTIONS. ~ m 7. MODIFICATIONS BASED ON SITE-SPECIFIC CONDITIONS SHALL BE REVIEWED BY THE DEVELOPMENT zo o Do COMMITTEE. 0 m m B. SEE ALSO BIKEWAY REQUIREMENTS. p N 9. FOR ZONING SEE THE OFFICIAL ZONING MAP OF THE CITY OF PALM SPRINGS. D rQ O O D ® p m b ; m cn 94 NO. REVISIONS APPROVED DATE REGULATORY, WARNING OR GUIDE/y y\ SIGN .DBO GAUGE ALUM SIGN WITH WANTENSITY LETTERS AND BACKGROUND COVERED WITH 3M 1150 GRAFFITI— / PROOF OVERLAY / SIGNS SHALL BE ATTACHED TO , / POST UTILIZING TWO UNISTRUT —" DRIVE RIVETS NO TL 3806. 86° �^ 90 2" X 2' X 12 GAUGE TELESPAR o POST OF SUFFICIENT LENGTH TO m EXTEND FROM TOP OF SIGN TO — ° ]" INTO SLEEVE AND STILL a PROVIDE T OF CLEARANCE 4 Y m J Q 24" mf 4 U IF S!W o �+ 5' u o 4 V m 72 PLAN VIEW IF S/W > 5' EXIST. F,S FACE OF CURB 71, SEE DETAIL BELOW 90% FRONT ELEVATION FACE of 2-1/4" x 2-1/4" x 30" 112 GAUGE) 2-1/4" SIGN 7ELESPAR SLEEVE PER POLE 3-4" ABOVE THE EXISTING SURFACE. ° EXISTING GROUND-10 0 m 90% 88, O POST INSTALLATION DETAIL SIDE ELEVATION CITY OF PALM SPRINGS APPROVED: ,rv>: DATE DEPARTMENT OF TRANSPORTATION ) 2 931 CITY ENGINEER R C.E. DRAWN BY: R.B.J. FILL N � STANDARDS SIGN INSTALLATION CHECKED BY: E.R F DWG. NO. 624 ISSUE DATE(MWDD/YY) AIa/RI). CERTIFICATODF INSURANCE n0l/22/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND GEN INSURANCE SERVICES CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE 10722 ARROW ROUTE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. SUITE 116 COMPANIES AFFORDING COVERAGE RANCHO CUCAMONGA, CA 91730 COMPANY 909/941-0167 LETTER ANAVIGATORS INSURANCE COMPANY/AMERIC COMPALETTER NV B INSURED STATE COMPENSATION INSURANCE FUND COMPALETTER NY C ERRY UPPER,DBA:ALZAN CENTURY NATIONAL INSURANCE COMPANY FENCE & GATE COMPANY COMPANY 23450 EL TORO RD LETTER D ERRIS, CA. 92570 COMPANY LETTER E 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 CERTIRCAtE 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 EXPIRATION LIMITS LTR DATE (MM/DD/YY) DATE (MrWDD/YY) GENERAL UABIUTY GENERALAGGREGATE $20 000 COMMERCIAL GENERAL LIABILITY GA700498 09/21/01 09/21/02 PRODUCTS-COMP/OPS AGG $1000000 . CLAIMS MADE FX-1 OCCUR. PERSONAL&ADV.INJURY $1000000 . OWNER'S&CONTRACTORS PROT. EACH OCCURRENCE $1000000 . FIRE DAMAGE(Any one hre) $50000 . MED.EXPENSE(Any no person) $ 5000 . AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO 023143 01/22/02 01/22/03 LIMIT $1000000 . ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ NON-OWNEDAUTOS (PeracmdenU GARAGE LIABILITY PROPERTY DAMAGE S EXCESS LABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM STATUTORY LIMITS WORKER'S GUIv1PENSATKKJ AND 1655263 01 10/17/01 10/01/02 EACH ACCIDENT $1000000 . _ DISEASE,POUCY LIMIT $10 0 0 0 0 0 , EMPLOYERS'LIABILITY DISEASE-EACH EMPLOYEE $10 0 0 0 0 0 , OTHER DESCRIPTION OF OPERATKKJSU)CATK)NSVEHICLMPECML ITEMS P#01-20 .CITY OF PALM SPRINGS, ITS OFFICERS, AGENTS, EMPLOYEES & EPRESENTATIVES NAMED ADDITIONAL INSURED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF PALM SPRINGS EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO EPT OF PROCUREMENT & CONTRACT MAI110 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 3200 TAHQUIRZ CYN WAY LEFT,BUT FAILURE TO MAIL SUCH NOTICE SH ALL IMPOSE NO OBLIGATION OR PALM SPRINGS CA LIABILITY OF ANY KIND UPON/ COMPANY,ITSAGENTS OR REPRESENTATIVES. 92262 AUTHORIZED REPRESENTATIVE /! — BART A. NUGEN) ACQRD 25-5(7190) Lam/" _ ACORD CORPORATION 1990