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04359 - SIERRA LANDSCAPE RAMON FRONTAGE CP01-03
PALM s City of Palm Springs Office of the City Clerk (760) 323-8204 V N MEMORANDUM fC 1 DIIDMMTLD, r�cifoaN`� Date: March 31, 2003 To: Airport From: City Clerk AGREEMENT#4359 — Sierra Landscape Please let us know the status of the above agreement, and if it may be closed. Termination Date of Agreement: 5-1-02 STATUS: F r O COMPLETED: REMAIN OPEN UNTIL: Date & Initials fa. - CLOSE AGR t/i- Sign PLEASE RETURN TO THE OFFICE OF THE CITY CLERK c-clk\fomis.std\agr-clse.mem � U 2002-359611 6/28/2002 08:00A Fee:NC Page 1 of 1 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk d Recorder I(IIIII(IIIII IIIII IIIII IIIII(IIIII III I(III (III III Return To: M S _1PAGE SIZE VA PCOR NOCOR. SMF MSC City Clerk City of Palm Springs , / P.O. Box 2743 VTiT." Palm Springs, CA 92 2 63-2743 A R COPY ONG REFVNO NCH NOTICE OF COMPLETIONS G NOTICE IS HEREBY given that: 1. The City of Palm Springs, California,is a municipal corporation, organized and incorporated pursuant to the laws of the State of California. 2. The City Clerk of the City of Palm Springs is authorized and directed to execute, on behalf of said City, any and all Notices of Completion. 3. The address of the City of Palm Springs is City Hall,3200 E. Tahquitz Canyon Way,Palm Springs,California(P.O. Box 2743, Palm Springs, CA 92263-2743). 4. The public work of improvement on the hereinafter referred to real property within the city was COMPLETED on the 21'day of May, 2002. 5. The name of the contractor(if named)for such work of improvement was:Sierra Landscape Co.Inc. 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:Ramon Frontage Landscaping and Signage. 7. The property address or location of said property is: 4300 r/2 Ramon Road, Palm Springs 8. City Project No. 01-03, Agreement Number: A4359, Resolution Number: 20032 DATED: May 24, 2002 PITY OF PALM SPRINGS REVIEWED BY: MI'` l �C BY�tive Directo Airport PATRICIA A. SANDERS, being duly sworn, says: That she is the City Clerk of the aforesaid City of Palm Springs, California, the corporation that executed the foregoing notice; that she makes this verification on behalf of said corporation; that she has read the foregoing Notice of Completion, and knows the contents thereof, and that the facts stated therein are true; that as said City Clerk, she makes this verification on behalf of said municipal corporation. City Jerk �`�� WP:cat/May02 Index No. Sierra Landscape Co., Inc. Ramon Frontage Landscape & Signage - CP 01-03 AGREEMENT 14359 R20032, 5-2-01 AGREEMENT - THIS AGREEMENT made this�day of / p 1 �L� in the year 200 , by and between the City of Palm Springs, a charter city, organized and existing in t County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City,and Sierra Landscape Co. , Inc. hereinafter designated as the Contractor. The City and the Contractor,in consideration of the mutual covenants hereinafter.set forth,agree as follows: ARTICLE 7 --THE WORK The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the City's Contract Documents entitled: RAMON FRONTAGE LANDSCAPE&SIGNAGE CITY PROJECT NO.0"3 The Work is generally described as follows: Construction/installation of landscape, irrigation, lighting and signage improvements on the Ramon Road Frontage of Palm Springs International Airport and all appurtenant work in accordance with the Special provisions,Plans and Specifications. ARTICLE 2—COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications,as modified herein. They also recognize the delays,expense,and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof,the City and the Contractor agree that as liquidated damages or delay(but not as a penalty), the Contractor shall pay the City the sum of $ 700 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 accepted Bid and Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers #1 to #1 , inclusive, and all Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. I-19 ARTICLE 5—PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the Engineer or the City as provided in the Contract Documents. ARTICLE 6--NOTICES Whenever any provision of the Contract Documents requires the giving of a written Notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail,postage prepaid,to the last business address known to the giver of the Notice. ARTICLE 7--MISCELLANEOUS Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a parry 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. A Y OF PALM SPRING , AL FORNIA� City Clerk APPROVED BY THE CITY COUNCIL: APPROVED AS TO FORM: Resolution No. 20032 Date May 2, 2001 By /v. City Attorney Agreement No. 4359 Date �9I Z Z7� b � CONTENTS APPROVED: By City Engineer Date City Man r Date `-'�- 1-20 CONTRACTOR: Is trlet?hk L4 al (Check one:_individual,_partnership, corporation) By signature (NOTARIZED) Print Name and Title: By signature (NOTARIZED) Print Name and Title: &Z^non -/ r��✓ Mailing Address: — © 6x � a7 Date/ (Corporations require two ignatures; 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 Signature I-21 STATE OF CALIFORNIA COUNTY OF RIVERSIDE ON S O 52001 BEFORE ME, YVONNE R. ORTIZ - NOTARY PUBLIC. PERSONALLY APPEARED: r7,0 personally known to me (or proved to me on the basis of satisfactory evidence) to - be the person(s) whose name(s) is/are sub- a wONNe k. 0 TIT scribed to the within instrument & ,` _ Comm�aoc# i '1t 2v °+ts�c Notcry Public-Calrtomia acknow- ledged to me that he/she/they executed the Z Riverside tour,y same in his/her/their authorized capacity "' MyCcmm.F�ph-0ct3o'= (ies), and that by his signature(s) on the instrument the persons(s), or the entity upon behalf of which the person(s) SEAL acted, executed the instrument. WITNESS my hand and official seal. Signature ALL-PURPOSE ACKNOWLEDGEMENT LICENSE #0684503 • ued in quadruplicate end ## 816946P Premium: $4,585 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That Sierra Landscape Co. , Inc. as Contractor, And Developers Surety & Indemnity Company as surety, are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the County of Riverside, California, hereinafter called the "City," in the sum of: Two Attndred Thirr�-Nine ThonsAnd & npl7nn-------------------- dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,successors, and assigns,jointly and severally,firmly by these presents. WHEREAS said Contractor has been awarded and is about to enter into the annexed Agreement with said City to perform the Work as specified or indicated in the Contract Documents entitled: RAMON FRONTAGE LANDSCAPE&SIGNAGE CITY PROJECT NO.01-03 NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract Documents required to be performed on its part, at the times and in the manner specified herein,then this obligation shall he null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said Contractor or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED,this 21 s t day of May ,2001 .. SURETY: CONTRACTOR: - - - Developers Surety & ;indemnity-fp, (C k one: _individual _partnership, _ -) corporation) By - ,l Q. ��✓ , - ne M. Nielsen By Title Atty.-in-Fact (SEAL AND NOTARIAL ACKNOWLEDGMENT OF - signature SURETY) (NOTARIZED) Print Name and Title: 6� 6' �"- ey , ,-'" �a signature (NOTARIZED) Print Name and Title: _ ��ctid ire tw'�3nb/ /n�1i 1 iacc Cot ( orporations 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). I-23 STATE OF CALIFORNIA COUNTY OF RIVERSIDE ON 5 Zi e t , 2001 BEFORE ME, YVONNE R. ORTIZ - NOTARY PUBLIC PERSONALLY APPEARED: `7 A le L personally known to me (or proved to me on the basis of satisfactory evidence) to u be the person(s) whose name(s) is/are sub- �&= rvuNIJE R. °R'T"ii "'� scribed to the within instrument,& acknow- " Commsslo"# i2^oi� mia ledged to me that he/she/they executed the �"=`` Notayersde C un� same in his/her/their authorized capacity W Comm.6gxes Od 30,XM (ies), and that by his/her/their signature(s) on the instrument the persons(s), or the entity upon behalf of which the person(s) SEAL acted, executed the instrument. WITNESS my and and official seal. y —C(; �_ Signature ALL-PURPOSE ACKNOWLEDGEMENT LICENSE•.#0684503 STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ON E'2 1 —0 1 , BEFORE ME, LUIS GARCIA, Notary Public PERSONALLY APPEARED: DIANE M. NIELSEN Capacity Claimed By Signer(s): ( ) Individual(s) ( ) Corporate_ O Partner(s) (X) Attorney In Fact O Trustee(s) ( ) Guardian/Conservator ( ) Other: Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name (s) is/are subscribed to the within instrument & acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signatures (s) on the instrument the person (s), or the entity, upon behalf of which the person (s) acted, executed the instrument. WIS GARCIA WITNESS my hand and official seal. Commission� 11s7593 Notary Public-CaGtormia Riverside County My Comm.Expires Jul 20,2001 Signature: `"' Luis arcs o a ALL PURPOSE ACKNOWLEDGMENT POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623•(949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do cacti severally,but notjointly,hereby make,constitute and appoint. ***PAUL W. LEWIS, ANN WILLARD, DIANE M. NIELSEN, VAN G. TANNER, MATT COSTELLO, JEANETTE MCCULLOCH, LINDA N. WELD, EDWARD J. TALEN, JOINTLY OR SEVERALLY*** as(tic Into and lawful Attomcy(s)-in-Fact,to make,execute,deliver and acknowledge, for and on behalf of said corporations as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attomcy(s)-in-Fact fill power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomcy(s)-in-Fact,pursuant to these presents,are hereby ratified and conhmsd. This Power of Attorney is granted and Is signed by fhcsindc under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000. RESOLVED,that the Chainnan of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of surctyship:and that the Secretary or any Assistant Secretary of the corporations be,and Inch of them hereby is,authorized to attcs't file execution of any such Power ofAttomcy. RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Poacr of Attorney or to any certificate relating therein by facsimile,and any such Power ofAttomcy or certificate bearing such facsmu]c signatures shot]be valid and binding upon the corporation when so affixed and In the future with respect to any bond, undertaking or contract of suretyship to which it is attached IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 811'day of November,2000 By David H.Rhodes,Executive Vice President Q•EjV•AND 4j'Q„ COMPANY o cvJ•Gap,POggT F�ti 2, GOPPOq,9Ts 9 Eel: SEAL <= w ocrs o 0 ea; ;o; p 1967 rn 1936 Waher A Crowell, Secretary S��„ /oW P •=db c C'9</FOPNvP O ? .`° STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On November 8,2000,before me,Diane J.Kawata,personalty appeared David H.Rhodes and Walter A.Crowell,personalty known to me(or proved to me oil the basis of satisfactory evidence) to be the persons whose names are subscribed to time within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument. WITNESS my hand and official seal OIANE J.KAWATA COMM.N1167926 Signaurc L\, � - NOTARY PUGNPoRftIA V m ORANGE COU COUNTY MY Comm bill.Jan.a,2002 CERTIFICATE The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby eerily that the foregoing Power ofAttomcy remains in full force and has not been revoked,and furthemime, That time provisions critic resolutions of the respective Boards of Duvclors of said corporations set forth in the Power ofAttomcy.arc in force as of the date of this Certificate This Certificate is executed in(tic City of lrvnto,California,the 21 s t day of May 2001 By �, � } . David G.Lane.Chicf Operating OFficet ID-1380(11/00) • ISued in quadruplicate Bond# 816946P Premium: INCLUDED in performance PAYMENT BOND bond. KNOW ALL MEN BY THESE PRESENTS, That Sierra Landscape Co. . Inc. as Contractor, And Developers Surety & Indemnity .Co. as Surety, are held firmly bound unto the City of Palm Springs, a charter city, organized and existing in the County of Riverside, State of California, hereinafter called the "City," in the sum of: Two Hundred Thirty—Nine Thousand and no/100--------------------------- dollars, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents. -- WHEREAS, said Contractor has been awarded and is about to enter into the annexed agreement with said City to perform the Work as specified or indicated in the Contract Documents entitled: RAMON FRONTAGE LANDSCAPE&SIGNAGE CITY PROJECT NO.01-03 NOW THEREFORE, if said Contractor, its subcontractors, its heirs, executors, administrators, successors, or assigns shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for, or about the performance of the Work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections 3247-3252, inclusive, of the Civil Code of the State of California and acts amendatory thereof, and Sections of other Codes of the State of California referred to therein and acts amendatory thereof, and provided that the persons, companies, or corporations so furnishing said materials, provisions, equipment, or other supplies, appliances, or power used in, upon, for, or about performance of the Work contracted to be executed or performed,or any person, company, or corporation renting or hiring implements or machinery or power for,or contributing to, said work to be done,or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor, shall have complied with the provisions of said laws, then said surety will pay the same in an amount not exceeding the sum hereinbefore set forth, and also will pay, in case suit is brought upon this bond, a reasonable attorney's fee as shall be fixed by the Court. This Bond shall inure to the benefit of any and all persons named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said Contractor or said Surety,and notice of said alterations or extensions of the Agreement is hereby waived by said Surety. SIGNED AND SEALED,this 215 t day of May 2001 . I-24 CONTRACTOR: wpkrr (Check one:_individual, pa� hip corporation) BY .✓ A signature _ (NOTARIZED) _ Print Name and Title: 6 � ��� n�z� � - 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). SURETY yDevelopers Surety & Indemnity Co. Diane M„ Nialsen Title Atty.-in-Fact (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) I-25 STATE OF CALIFORNIA COUNTY OF RIVERSIDE ON / Z 1 v I , 2001 BEFORE ME, YVONNE R. ORTIZ - NOTARY PUBLIC PERSONALLY APPEARED: personally known to me (or proved to me on the basis of satisfactory evidence) to �„ .. .•>: .. . y ;<». be the person(s) whose name(s) is/are sub- ;; rvur��z R. cszriz scribed to the within instrument & acknow- commission# soizv i �. Notary Public- tomia ledged to me that he/she/they executed the Riverside c ounounty same in his/her/their authorized capacity ycamm.Eqaiesod30,27X1 (ies), and that by his signature(s) on the instrument the persons(s), or the entity upon behalf of which the person(s) SEAL acted, executed the instrument. WITNESS my d and official seal. Signatur /C, — ALL-PURPOSE ACKNOWLEDGEMENT LICENSE #0684503 STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ON �D-21 —01 BEFORE ME, LUIS GARCIA, Notary Public PERSONALLY APPEARED: DIANE M. NIELSEN Capacity Claimed By Signer(s): O Individual(s) ( ) Corporate O Partner(s) (X) Attorney In Fact ( ) Trustee(s) ( ) Guardian/Conservator ( ) Other: Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name (s) is/are subscribed to the within instrument & acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signatures (s) on the instrument the person (s), or the entity, upon behalf of which the person (s) acted, executed the instrument. LUIS GARCIA WITNESS my hand and official seal. Commission u 1147593 NOTM Public-COYfornic Riverside County My Comm.Expires Jul 20,2001 Signature: ''' Luis Gar otary ALL PURPOSE ACKNOWLEDGMENT Bond# 11856-03 Premium: NIL BID BOND KNOW ALL MEN BY THESE PRESENTS, /► That tt321/d4m as Principal, and Developers Surety & Indemnity Cd. as Surety, are held and firmly bound unto the City of Palm Springs, hereinafter called the "City" in the sum of: 10% of bid dollars (not 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: RAMON FRONTAGE LANDSCAPE & SIGNAGE CITY PROJECT NO. 01-03 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 5th day of April 2001. SURETY: PRINCIPAL: Developers Surety F Inriamall-y _CO. (heck one: _individual, _partnership, Y corporation) By Diane M. Nielsen Atty.-in-Fact Title signature (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) (NOTARIZED) Print Name and Title: ('fraoNzft PW, B\ � si tui �', (NOTARIZED) Print Name and Title: k A01r 110- y ITT O (Corporations require two signatures;one from eac of the fo owing groups:A.Chairman of Board,President,or any Vice President;AND B. Secretary,Assistant Secretary, Treasurer,Assistant Treasurer, or Chief Financial Officer). I-18 STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ON zll6/�)l , BEFORE ME, LUIS GARCIA, Notary Public PERSONALLY APPEARED: DIANE M. NIELSEN Capacity Claimed By Siguer(s): ( ) Individual(s) ( ) Corporate ( ) Partner(s) (X) Attorney In Fact ( ) Trustee(s) ( ) Guardian/Conservator ( ) Other: Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name (s) is/are subscribed to the within instrument& acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signatures (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. LUIS GARCIA WITNESS my hand and offic' at. - Commission# 1147593 zpr NotaryPubltc-Califomic Riverside County My Comm.Expires Ju120,2001 Signature: Luis G r i , ALL PURPOSE ACKNOWLEDGMENT W STATE OF CALIFORNIA COUNTY OF RIVERSIDE ON h� QI L ff"I _, 2001 BEFORE ME,YVONNE R. ORTIZ - NOTARY PUBLIC, PERSONALLY APPEARED: &eo rj2 &,Ito(r°Z +- personally known to me (or proved to me �`yy NE R. ORTIZ on the basis of satisfactory evidence) to 7 Cmomimon# 1240129 be the person(s) whose name(s) is/are sub- � ` , o,oy�Ic_California . scribed to the within instrument & acknow- RNMIde County ledged to me that he/she/they executed the Wcam. oct3o•a same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the persons(s), or the entity upon behalf of which the person(s) SEAL acted, executed the instrument. WITNESS m and and official seal. Signature ` ALL-PURPOSE ACKNOWLEDGEMENT LICENSE #0684503 • • POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623•(949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each severally,but not Jointly,hereby make,constitute and appoint **"PAUL W. LEWIS, ANN WILLARD, DIANE M. NIELSEN, VAN G. TANNER, MATT COSTELLO, JEANETTE MCCULLOCH, LINDA N. WELD, EDWARD J. TALEN, JOINTLY OR SEVERALLY*** as the true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and comiaeLt of suretyship giving and granting unto said Atouncy(s)-in-Pact fill] power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do,bill reserving to cacti of said corporations full power of substitution and revocation,and all of[he acts of said Attomcy(s)-in-Fact,pursuant to these presents,arc hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNN1 ,effective as of November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of surctyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by lacsmiile,and any such Pow i of Attorney or certificate beating such facsimile signatures shall be valid and binding upon the corporation When so affixed and in the future with respect to any bond. undertaking or contract of surctyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 81"day of November,2000. By: David FI,Rhodes,Executive Vice President ,1""j 4 AND ENO,,I GOOPANy OF r7,ao Rsr••;�`• a v 2Go F 'o w SEAL <°_ w ocrs a o _a- po: p 1967 M By: :09 1936 pee y _z Walter A.Crowell, Secretary =�''•., /OWP .°DF O �P a g41FOP� STATE OF CALIFORNIA ) )SS COUNTY OF ORANGE ) On Novembm 8,2000,before me,Diane J Kawata,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or In oved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the will"', instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the inshummein[tic minty upon behalf of which the persons acted,executed the instrument WITNESS my hand and official seal. OIANE J.1(AWATA COMM.*1167826 Si mature L v \ - 901MY PUBLIC-CALIFORNIAAN>, m ORGE COUNTY My Comm Es11.Jan.B,2092 CERTIFICATE Tile undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions ofthc resolutions of the respective Boards of Directors of said corporations set Ford,in the Power ofAllorncy,arc in force as of the date of this Certificate. This Certificate is executed"n the City of Irvine,California,the-5tFL__day of P,P r j ) 2On t_ Unvid G.Lane,Chief Operaluig Office ID-1380(11/00) 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: RAMON FRONTAGE LANDSCAPE AND SIGNAGE CITY PROJECT NO.01-03 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): ^�^I Number Date Number Date Number Date Number Date Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the Work, and has made such independent investigations as Bidder deems necessary. In conformance with the current statutory requirements of California Labor Code Section 1860, of seq.,the undersigned confirms the following as its certification: I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for worker's compensation, or to undertake self-insurance in accordance with the provisions, before commencing the performance of the Work of this Contract. To all the foregoing, and including all Bid 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: -15"d 1 Bidder. By: z A z�= ✓(Signature) Title: I-12 r BID SCHEDULE A Lump Sum Price for Construction of RAMON FRONTAGE LANDSCAPING AND SIGNAGE PROJECT NO. 01-03 In Palm Springs, California Item Description 1 . Installation/construction of landscape, irrigation, lighting and signage improvements on the Ramon Road Frontage of the Palm Springs International Airport. TOTAL BID PRICE - FOR SCHEDULE A For the lump sum of (Price in figures) r O b un2_�Tl,. cr._�,�1 � ► 0 0 (Price in words) S�zC G (YaCcnnO L.p �r1C, . Name of Bidder I-13 INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS As required under Section 4100, at seq., of the Public Contract Code, the Bidder shall list below the name and business address of each subcontractor who will perform Work under this Bid in excess of one-half of one percent of the Contractor's Total Bid Price, and shall also list the portion of the Work which will be done by such subcontractor. After the opening of Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of more than one subcontractor for each item of Work to be performed with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may cause its rejection. Contractor's Percent License of Total Work to be Performed Number Contract Subcontractor's Name & Address 1. C��✓ YC-1£ �b�1�5 Sg a5 b �C -C�.� eE- Act p, -=nA i o .CA a-Lzpz 2. 2 zii 3. loki to Ia0 U �1Z201 4• -l3`I 3°lr� le A P zcava r� =0,41Q , CA q2 I 5. 6. 7. 8. I-14 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of ) I, being first duly sworn, deposes and says that he or she is bl—ad,ear �dIG�/?A��� of jCP9 A LHf}rMaS G (l rfthe 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 BY 1 Title G' i Organization Address Aq 60 x I!yd !Y-? I-15 STATE OF CALIFORNIA COUNTY OF RIVERSIDE ON q "-5 - G I , 2001 BEFORE ME, YVONNE R. ORTIZ - NOTARY PUBLIC PERSONALLY APPEARED: G-e�rt2 L� personally known to me (or proved to me on the basis of satisfactory evidence) to YVONNE R. ORTIZ be the person(s) whose name(s) is/are sub- COMML%ion# 12�� scribed to the within instrument & acknow- -. niotay rubrsc-ca tfom a ledged to me that he/she/they executed the RIveiside county same in his/her/their authorized capacity n�ycomm.E�:esoaso,2ooa (ies), and that by his/her/their signature(s) on the instrument the persons(s), or the entity upon behalf of which the person(s) SEAL acted, executed the instrument. WITNESS7 hand and official seal. Signature - 2 ALL-PURPOSE ACKNOWLEDGEMENT LICENSE #0684503 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: S�2rfCJ ( nn( �5(QD2 Co T LA-1 '?iakm '-:�)Pse(4 CA g2'ZSS 2. CONTRACTOR'S Telephone Number:(-I too Facsimile Number: (-J(op 3. CONTRACTOR'S License: Primary Classification State License Number(s) 3p\'1\1-Un Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bands on this Contract: Name of Surety �71 LV��pc�fl5 =n8einnn1 r 00, Address m 1$0 �n'-`IA--C� ZcV kn _ C4k g21p23 Surety Company Telephone Numbers: Agent ( 1 Surety ( qyq ) re 5. Type of Firm (Individual, Partnership or Corporation): l�oc P . 6. Corporation organized under the laws of the State of: 01,2 1 Y. 7. List the names and addresses of the principal members of the firm or names and titles of the principal officers of thecorporation or firm: �re5 �reaSu�-er -oneo der,-% 'b2. if BIDDER'S GENERAL INFORMATION (Continued) I-16 0 i 8. Number of years experience as a contractor in this specific type of construction work: 20 V ks 9. List at least three related projects completed to date: l a. Owner A La—VJ OO II - Address& C S lS yecq Museu(y) Contact UES of 1 P ka" r Class of Work S P 4al I Phone-JW- SIA,S - 2AC'Up Contract Amount lusjo Xj �— Project Q• to., CA Date Completed i Contact�P7erson Telephone number b. Owner C��e\1. Address `yG A S�- Q Contact_�6plo nk66S Class of Work 3crAr\A 0 0� Phone-11o0- 51n�-�"'"lSss Contract Amount a�i�LSb Project Le Date Completed \ IC? l Contact, ,Person Telephone number C. OwnerMtrlIl� e�1i Address L0.Y II\_ � _ s, CA Contact t 4c Class of Work Lcxr8SCa?e po Phone-W -71'111n- LA7 Contract Amount 4 acC) oC -}- Project �eSeC'V2_. Date Completed "S n D r(_n reJ_55 Contact Person Telephone number 10. List the name and title of the person who will supervise full-time the proposed work for your firm: 'R4(-1O'A 7aIE7 11. Is full-time supervisor an employee YS 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. I-17 FROM . PHONE NO. : 760 772 7166 • Apr. 12 2001 10:54RM P2 ADDENDUM #1 TO: CONTRACT DOCUMENTS AND SPECIFICATIONS DATED FEBRUARY 27, 2001 RE: Ramon Road Frontage Landscape Development I submit the following for points of clarification and correction of plans: SIGN LETTERS Type: Americana Bold Material &Finish: Cast Clear#319 Alloy Anodized aluminum letter with stroke- sanded faces and bead-blasted returns PLANTING All hibiscus are in 15 gc Total quantity: 110 IRRIGATION L Irrigation controllers required are: one 16 station & one 24 station 2. The two controllers called for on sheet 13 are eliminated 3. - See the note on sheet 12 regarding emitter quantity ELECTRICAL 1. All voltage is to be 120 volts. 2. Convenience outlets are all to be hot at all times. 3. Both new panels 100 amp & 200 amp are to be freestanding. 4, Separate circuits shall be provided for the irrigation controllers. 5. The #8 conductor shown feeding the 100 amp panel skull be increased to #2 conductor. 6. Use the existing 100 amp meter pedestal and panel to power all electrical and to service the new 100 amp pedestal called for on the Northeast corner of the entry drive. 7. The conduit connecting the existing 100 amp meter pedestal to the new 100 amp pedestal (approximately 8001) shall be 1-1/21' in diameter schedule 40 PVC and contain 3 - #2 conductors and 1 - 48 ground wire. Install pull boxes along the run as necessary. FROM • PHONE NO. : 760 772 7166 • Rpr. 12 2001 10:54AM P3 POURED IN PLACE CONCRETE WALL 1. There is a poured in place concrete wall to be built on the Northeast comer without a sign on it and a poured in place wall to be built on the Northwest corner with a sign on it. See detail #5 attached and layout plan. 2. All concrete edging and banding shall be gray concrete with a steel trowel finish. BIDDING DUE DATE The due date has been extended seven days to April 5, 2001 at 2:00 pm. - l Mi hael Buccino, ASLA Landscape Architect FROM PHONE NO. 760 772 7166 Apr. 12 2001 10:55AM P4 U+ LO rm r i 0 1 �► N I i .. I i i N` o FROM PHONE NO. 760 772 7166 Rpr. 12 2001 10:55RM P5 n w � w v 0 � CITY OF PALM SPRINGS, CALIFORNIA� AVIATION DEPARTMENT G , 4 NOTICE TO BIDDERS, PROPOSAL, CONTRACT, AND SPECIAL PROVISIONS FOR CONSTRUCTION OF THE: RAMON FRONTAGE LANDSCAPING AND SIGNAGE CITY PROJECT NO. 01 -03 IN THE CITY OF PALM SPRINGS March 2001 O� PALM S V cn e RPORATEO F p RN\P Allen F. Smoot, AAE, Interim Director of Aviation Bids-Open: 2:00 P.M. March 29, 2001 CITY PROJECT NO . 01 -03 The Special Provisions contained herein have been prepared by, or under the direct supervision of, the following Architect: Michael Buccino Landscape Architect Michael B ino Assgciate (Seal) Approved by: A n F.OmootAAAE Interim Director, Department of Aviation I-2 0 • , -V , 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 Bidder' s General Information Bid Bond (Bid Security Form) Agreement and Bonds Agreement Form Worker' s Compensation Certificate Performance Bond Payment Bond Certificate of Insurance PART 11 -- SPECIAL PROVISIONS Section I - 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 PART III -- APPENDICES APPENDIX "A" Technical Specifications I-3 SPECIAL PROVISIONS GENERAL CONTENTS - PAGE 1 CITY OF PALM SPRING AVIATION DEPARTMENT PART I - BIDDING AND CONTRACTUAL DOCUMENTS AND FORMS Ramon Frontage Landscape and Signage CITY PROJECT NO. 01-03 Notice Inviting Bids Instructions to Bidders Bid Forms Bid (Proposal) Bid Schedule List of Subcontractors Non-Collusion Affidavit Bidder' s General Information Bid Bond (Bid Security Form) Agreement and Bonds Agreement Form Worker' s Compensation Certificate Performance Bond Payment Bond Certificate of Insurance I-4 CITY OF PALM SPRINGS NOTICE INVITING BIDS For constructing Ramon Frontage Landscaping and Signage Project # 01-03 N-1 NOTICE IS HEREBY GIVEN that sealed bids for the Ramon Frontage Landscape and Signage will be received at the office of the Procurement Manager of theCity 'of Palm Springs, California, until 2 P. M. on March 29, 2001 at which time they will be opened and read aloud. N-2 DESCRIPTION OF THE WORK: The Work comprises the construction of landscape, irrigation, lighting and monument signage along the Ramon Road Frontage of the Palm Springs International Airport. N-3 AWARD OF CONTRACT: (a) The City reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a bid, or to make award to the lowest responsive, responsible bidder and reject all other bids, as it may best serve the interest of the City. (b) As a condition of award, the successful bidder will be required to submit payment and performance bonds and insurance . N-4 BID SECURITY: each bid shall be accompanied by a certified or 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 REMAIN OPEN: The Bidder shall guarantee the Total Bid Price for a period of 60 calendar days from the date of bid opening. N-6 CONTRACTOR'S LICENSE CLASSIFICATION: The Contractor shall possess a valid Class "A" or "B-l" Contractor license at the time of submitting bids. N-7 PREVAILING WAGE RATES NOT APPLICABLE: Funding for the Work is with all local funds and, as provided under City Charter, will NOT require compliance with the prevailing wage requirements of the State of California. X- 8 RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code. N• 9 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: I-5 (a) Contract Documents may be inspected without charge at the office of the Building Department, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262 . (b) Complete sets of said Contract Documents may be purchased at $10.00 dollars per set and are obtainable from the Building & Safety Department, 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-11 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 E� 2001 . CITY OF PALM SPRINGS By Allen F. Smoot, AAE Interim Director Department of Aviation City of Palm Springs Please publish on March 5 and March 15, 2001 I-6 CITY OF PALM SPRINGS INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS - Terms used in these Instructions to Bidders and the Notice Inviting Bids and not defined herein shall have the meanings assigned to them in the General and Special Provisions. The term "Bidder" shall mean one who submits a Bid directly to the City, as distinct from a sub-bidder, who submits a Bid to a Bidder. The term "Engineer" shall be as defined in the Special Provisions. 2. COMPETENCY OF BIDDERS - In selecting the lowest responsive, responsible Bidder, consideration will be given not only to the financial standing of the Bidder, but also to the general competency of the Bidder for the performance of the Work covered by the Bid. To this end, each Bid shall be supported by a statement of the Bidder's experience as of recent date on the form entitled "Bidder's General Information," bound herein. Except as otherwise provided under Public Contract Code §20103.5, no Bid for the Work will be accepted from a contractor who does not hold a valid contractor's license in the State of California for the classifications named in the Notice Inviting Bids at the time of award. 3. DISQUALIFICATION OF BIDDERS - More than: one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. If the City believes that any Bidder is interested in more than one Bid for the Work contemplated, all Bids in which such Bidder is interested will be rejected. If the City believes that collusion exists among the Bidders, all Bids will be rejected. 4. BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND THE SITE — a) It is the responsibility of each Bidder before submitting a Bid to examine the Contract Documents thoroughly; visit the site to become familiar with local conditions that may affect cost, progress, or performance of the: Work; consider federal, state, and local laws and regulations that may affect cost, progress, or performance of the Work; study and carefully correlate the Bidder's observations with the Contract Documents; and notify the Engineer of all conflicts, errors, or discrepancies noted in the Contract Documents. (b) Reference is made to the Special Provisions for identification of those reports of explorations and tests of subsurface conditions at the site which may have been utilized by the Engineer in the preparation of the Contract Documents. However, such reports are NOT a part of the Contract Documents. The interpretation of such technical data, including any interpolation or extrapolation thereof, together with non-technical data, interpretations, and opinions contained therein or the completeness thereof is the responsibility of the Bidder. (c) Copies of such reports and drawings will be made available for inspection by the City to any Bidder upon request. Those reports and drawings are NOT part of the Contract Documents, but any technical data contained therein upon which the Bidder is entitled to rely is limited to that set forth in the Special Provisions. (d) Subject to the provisions of Section 4215 of the California Government Code, information and data reflected in the Contract Documents with respect to underground utilities at or contiguous to the site is based upon information and data furnished to the City and the Engineer by the owners of such underground utilities or others, and the City does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Special Provisions. (e) Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground utilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in the Standard Specifications and Special Provisions. (f) Before submitting a Bid, each Bidder must, at Bidder's own expense, make or obtain any additional examinations and investigations which pertain to the physical conditions (surface, subsurface, and underground utilities) at or contiguous to the site or otherwise which may affect cost, progress, or performance of the Work and which the Bidder deems necessary to determine its Bid for performing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents. (g) Where feasible, upon request in advance, the City will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for submittal of a Bid. The Bidder shall fill all exploration and test holes made by the Bidder and shall repair damage, clean up, and restore the site to its former condition upon completion of such exploration., (h) The lands upon which the Work is to be performed, the rights-of-way and easements for access thereto, and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto, required for temporary construction facilities or storage of materials and equipment are to be provided by the Contractor. Easement for permanent structures or permanent I_7 changes in existing structures will be obtained and paid for by the City unless otherwise provided in the Contract Documents. (i) The submittal of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article; that without exception the Bid is premised upon performing the Work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents; and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all the terms and conditions for performance of the Work. 5. INTERPRETATIONS - All questions about the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions will be resolved by the issuance of Addenda mailed or delivered to all parties recorded by the Engineer or the City as having received the Contract Documents. Questions received less than 7 days prior to the date of opening Bids may not be answered. Only questions that have been resolved by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect. 6. BID SECURITY, BONDS, AND INSURANCE - Each Bid shall be accompanied by a certified or cashier's check or approved Bid Bond in the amount stated in the Notice Inviting Bids. Said check or bond shall be made payable to the City and shall be given as a guarantee that the Bidder, if awarded the Work, will enter into an Agreement with the City and will furnish the necessary insurance certificates, Payment Bond, and Performance Bond. Each of said bonds and insurance certificates shall be in the amounts stated in the Standard Specifications or Special Provisions. In case of refusal or failure of the successful Bidder to enter into said Agreement, the check or Bid Bond, as the case may be, shall be forfeited to the City. If the Bidder elects to furnish a Bid Bond as its security, the Bidder shall use the Bid Bond form bound herein, or one conforming substantially to it in form. 7. RETURN OF BID SECURITY - Within 14 days after award of the Contract, the City will return all bid securities accompanying such of the Bids that are not considered in making the award. All other'Bid securities will be held until the Agreement has been finally executed. They will then be returned to the respective Bidders whose Bids they accompany. 8. BID FORM -The Bid shall be made on the Bid Schedule sheets bound herein. Unless otherwise provided in the Notice Inviting Bids, in the event there is more than one Bid Schedule, the Bidder may Bid on any individual schedule or on any combination of schedules. All bid items shall be properly filled out. Where so indicated in the Bid Documents, Bid price shall be shown in words and figures, and any conflict between the words and figures, the words shall govern. 9. SUBMITTAL OF BIDS - The Bids shall be delivered by the time and to the place stipulated in the Notice Inviting Bids. It is the Bidder's sole responsibility to see that its Bid is received in proper time. Bids will not be accepted after the appointed time for opening of bids, no matter what the reason. 10. DISCREPANCIES IN BIDS - In the event that there is more than one Bid Item in the Bid Schedule, the Bidder shall furnish a price for all Bid Items in the schedule, and failure to do so will render the Bid as non-responsive and may cause its rejection. In the event that there are unit price Bid Items in a Bid Schedule and the "amount' indicated for a unit price Bid Item does not equal the product of the unit price and quantity listed, the unit price shall govern and the amount will be corrected accordingly, and the Contractor shall be bound by such correction, subject to the provisions of Section 5100 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. 11. QUANTITIES OF WORK — (a) The quantities of work or material stated in unit price items of the Bid are supplied only to give an indication of the general scope of the Work; the City does not expressly or by implication agree that the actual amount of work or material will correspond therewith. (b) In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit prices established for such work under the Contract Documents; provided, that on unit price contracts, increases of more than 25 percent, decreases of more than 25 percent, and eliminated items shall be adjusted as provided in Section 3 of the Standard Specifications and Special Provisions. 12. WITHDRAWAL OF BID -The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or it's properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids prior to the scheduled doslig time for receipt of Bids. 7-8 13. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS - Unauthorized conditions, limitations, or provisos attached to the Bid will render it informal and may cause its rejection as being non-responsive. The completed Bid forms shall be without interlineation, alterations, or erasures. Alternative Bids will not be considered unless expressly called for in the Notice In Bids. Oral, FAX, telegraphic, or telephone Bids or modifications will not be considered. 14. LIQUIDATED DAMAGES -Provisions for liquidated damages, if any, shall be as set forth in the Agreement and the provisions of the Special Provisions. •15. SUBSTITUTE OR "OR-EQUAL" ITEMS -The procedure for submittal of any application for a substitute or "or-equal" item by the Contractor and consideration by the Engineer is set forth in Section 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 just cause for an annulment of the award and forfeiture of the Bid Security. If the lowest responsive, responsible bidder refuses or fails to execute the Agreement, the City may award the Contract to the second lowest responsive, responsible Bidder. If the second lowest responsive, responsible Bidder refuses or fails to execute the Agreement, the City may award the Contract to the third lowest responsive, responsible Bidder. On the failure or refusal of such second or third lowest Bidder to execute the Agreement, each such bidder's Bid Securities shall be likewise forfeited to the City. 18. WORKER'S COMPENSATION REQUIREMENT -The Bidder should be aware that in accordance with laws of the State of California, the Bidder will, if awarded the Contract, be required to secure the payment of compensation to its employees and execute the Worker's Compensation Certification. 19. LOCAL BUSINESS PROMOTION — (a) In determining the lowest responsible Bidder, the following provisions of Section 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. (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. ]-9 i • CITY OF PALM SPRINGS AVIATION DEPARTMENT PART II -- SPECIAL PROVISIONS RAMON FRONTAGE LANDSCAPING AND SIGNAGE CITY PROJECT NO. 01-03 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 PART II --SPECIAL PROVISIONS GENERAL CONTENTS-PAGE 1 CITY OF PALM SPRINGS AVIATION DEPARTMENT SPECIAL PROVISIONS RAMON FRONTAGE LANDSCAPE & SIGNAGE CITY PROJECT NO. 01-03 SECTION 1 -- TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 GENERAL 1-1 . 1 Standard Specifications. - The Work hereunder shall be done in accordance with the Standard Specifications for Public Works Construction ( "Greenbook") , 2000 Edition, including all current supplements, addenda, and revisions thereof, these Special Provisions, and the Standard Plans identified in the Appendix, insofar as the same may apply to, and be in accordance with, the following Special Provisions. In case of conflict between the Standard 'Specifications for Public Works Construction ("Greenbook") and these Special Provisions, the Special Provisions shall take precedence over, and be used in lieu of, such conflicting portions . C 1-2 LEGAL ADDRESS 1-2 . 1 Legal Address of the City. - The official address of the City shall be City of Palm Springs, 3200 E. Tahquitz Canyon Way, Palm Springs, California 92262, ,or such other address as the City may subsequently designate in written notice to the Contractor. 1-2 .2 Left Blank 1-•2 .3 Legal address of the City' s Project Representative. - The name and address of the City' s ,designated Project Representative shall be the Interim Director of Aviation, City of Palm Springs, II-2 3400 E. Tahquitz Canyon Way, Palm Springs, California 92262, or such other address as the Project Representative may subsequently designate in writing to the Contractor. 1-3 DEFINITIONS AND TERMS 1-3 .1 Definitions and Terms. - Wherever in the Standard Specifications the following terms are used, the definitions shall be amended to read: Agency - The City of Palm Springs, a charter city organized and existing in the County of Riverside, State of California. Engineer (or City Engineer) - The Project Architect. Liquidated Damages - The amount prescribed in the Special Provisions, pursuant to the authority of Government Code Section 53069.85, to be paid to the City or to be deducted from any payments due, or to become due, the Contractor for each day's delay in completing the whole or any specified portion of the Work beyond the time allowed in the Special Provisions. Standard Plans - The Standard Drawings and the Special Drawings of the City of Palm Springs. Owner - The Owner shall be the Agency, as defined above. - END OF SECTION - II-3 41 0 1 . 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: 120 CALENDAR DAYS from the date specified in the Notice to Proceed from the City. In addition to the construction duration time of 00 working days, the Contractor shall be bound by a maintenance period of 90 calendar days which is to begin upon final City Engineer' s acceptance, of plant, irrigation, and rockery 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 . In addition, the Contractor shall pay to the City as liquidated damages the same sum as above, for each and every calendar day the 90-day maintenance period must be extended due to plants, irrigation facilities, or rockery landscape being unrepaired or unreplaced. 2--1 . 1 Left blank. 2--2 CONTRACT BONDS 2--2 .1 BONDING COMPANY WAIVER OF RIGHT OF NOTIFICATION The following shall be added at the end of Section 2-4 of the Standard Specifications : "The Contractor shall ensure that its Bonding Company is familiar with all of the terms and conditions of the Contract Documents, and shall obtain a written acknowledgement by the Bonding Company that said Bonding Company thereby waives the right of special notification of any changes or modifications of the Contract, or of extensions of time, or of decreased or increased Work, or of II-4 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 certificate of authority' to transact surety insurance in California issued by the Insurance Commissioner shall be submitted with the bonds . Concurrent with the filing of the bonds with the City the following documents shall be submitted: (a) an original or certified copy of the unrevoked appointment, power of attorney, bylaws or other instrument entitling or authorizing the person who executed the bond(s) to do so; (b) a certificate from the Riverside County Clerk that the certificate of authority of the insurer has not been surrendered, revoked, canceled, annulled or suspended or if it has, that renewed authority has been granted; and (c) a copy of the insurer' s most recent annual statement and quarterly statement filed with the Department of Insurance . 2-3 PRECEDENCE OF CONTRACT DOCUMENTS The provisions of Section 2-5.2 of the Standard Specifications shall be revised to read as follows : In resolving disputes resulting from conflicts, errors, or discrepancies in any of the Contract Documents, the document highest in precedence shall control. The order of precedence shall be as listed below: 1. Change Orders or Work Change Directives , 2. Agreement 3. Addenda 4. Contractor's Bid (Bid Forms) 5. Special Provisions 6. Notice Inviting Bids 7. Instructions to Bidders 8. Plans (Contract Drawings) 9. Standard Plans 10. Standard Specifications 11. Reference Documents With reference to the Drawings, the order of precedence shall be as follows : 1. Figures govern over scaled dimensions 2. Detail drawings govern over general drawings 3. Addenda or Change Order drawings govern over Contract Drawings 4. Contract Drawings govern over Standard Drawings 5. Contract Drawings govern over Shop Drawings 2-4 SUBSURFACE DATA II-5 Section 2-7 of the Standard Specifications shall be revised to read as follows : "2-7.1 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-OF-WAY Unless indicated otherwise, all temporary access or construction rights-of-way, other than those shown on the Plans, which the Contractor may find it requires during progress of the Work, shall be arranged by and paid for entirely by the Contractor, at its own expense. 2-6 PROTECTION OF SURVEY MONUMENTS It shall be the Contractor' s responsibility to protect all the existing survey monuments, bench marks, survey marks and stakes . Removal of such monuments, or displacement thereof, shall require their resetting per City requirements, including corner record filing, for the existing type of monument in question at the Contractor' s expense. Any existing monument shall not be disturbed. The Engineer will maintain a survey location check on the monument without cost to the Contractor. The Contractor is advised that any resetting of monuments will be performed by the City' s survey crew. Should the Contractor anticipate the removal of any ' survey monuments, it shall notify the Engineer prior to removal. The Contractor shall be financially responsible for reinstalling the existing monument well, and the City' s survey crew will reset the monument. II-6 2-7 SURVEYING - It is the Contractor' s responsibility to provide all construction staking and field marking for job limits, saw-cut lines and removals; the Engineer reserves the right of final approval for all construction surveying provided in the field to determine that construction of improvements conform to approved plans . The Contractor shall provide all construction surveying as required by the Engineer or his representative. 2-8 AUTHORITY OF THE ENGINEER The Engineer will decide all conflicts which may arise as to (1) the quality or acceptability of the materials or equipment furnished, (2) the performance of the Work, (3) the manner of performance and rate of progress of the Work, (4 ) the 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 EXAMINATION The Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work, and the general and local conditions, such as, but not limited to, all other matters which could in any way affect the Work or the costs thereof. The failure of the Contractor to acquaint itself with all available information regarding any applicable existing or future conditions shall not relieve it from the responsibility for properly estimating either the difficulties, responsibilities, or costs of successfully performing the Work according to the Contract Documents . 2-11 FLOW AND ACCEPTANCE OF WATER Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the II-7 • 0 1 . 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 Jump 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 - II-8 SECTION 3 -- CHANGES IN WORK 3-1 EXTRA WORK The provisions of Section 3-3 of the Standard Specifications shall apply; provided, that the provisions for markup percentages for overhead and profit for extra work referenced in subparagraph 3-3 . 2 . 3 of the 2000 edition shall be deleted in its entirety and the. following substituted therefor: 3-2 PAYMENT 3-2 . 1 Markup: The provisions of Subsection 3-3 . 2 . 3 Markup, shall be amended to read as follows : (a) Work by Contractor. The following percentages shall be added to the Contractor' s costs and shall constitute the markup for all overhead and profit. 1) Labor 24 percent (includes bonding) 2) Materials 15 percent 3) Equipment rental 15 percent 4) Other items and expenditures 15 percent 5) Subcontracts (1st tier only) 5 percent 6) lower tier subcontractors none To the sum of the costs and markups provided for in this subsection, except for labor, one percent shall be added as compensation for bonding. - END OF SECTION - II-9 • SECTION 4 -- CONTROL OF MATERIALS 4• 1 TRADE NAMES OR EQUALS 4-1 . 1 Substitutions . - Subparagraph 2 of Section 4-1 . 6 of the Standard Specifications shall be amended to read as follows : Whenever any particular material, process, or equipment is indicated by a patent, proprietary, or brand name, or by the name of the manufacturer, such product shall be followed by the words "or equal . " A Contractor may offer any material, process, or equipment considered as equivalent to that indicated, unless a sole source is specified. Failure of the Contractor to submit requests for substitution promptly after bid opening shall be deemed to signify that the Contractor intends to furnish one of the brands named in the Special Provisions, and the Contractor does hereby waive all rights to offer or use substitute materials, products, or equipment for that which was originally specified. Unless otherwise authorized by the Engineer, the time for submission of data substantiating a request for substitution of an "or equal" item shall be not more than 20 days after bid opening. 4-1.2 Submittals for Approval of "Or Equals . " - Should the Contractor request approval for "or equal" products, it shall submit data substantiating such request to the Engineer as per Subsection 4-1 . 1, above. Data for approval of "or equal" products shall include complete calculations, technical specifications, samples, or published documents relating to the performance and physical characteristics , of the proposed substitute. The appearance of manufacturer and product names or trademarks, details of materials or services, or product descriptions in either the Plans or the Specifications are for reference only and do not constitute an endorsement of same by the Engineer or the City. 4 .2 MATERIALS 4-2 .1 Quantities . - The Contractor shall submit with each of its billing invoices, a corrected list of quantities, verified by the Engineer, for unit price items listed in the Bid Schedule. 4-2 .2 Placing Orders. - The Contractor shall place the order (s) for all long-lead supplies, materials, and equipment, for any traffic signing, striping, legends, and traffic control facilities within 3 working days after the award of Contract by the City. The Contractor shall furnish the Engineer with a statement from the vendor (s) that the order (s) for said II-10 supplies, materials, and equipment has been received and accepted by said vendor (s) within 15 working days from the date of said award of Contract. - END OF SECTION - II-11 SECTION 5 -- UTILITIES 5-•1 REMOVAL, RELOCATION, OR PROTECTION OF EXISTING UTILITIES (a) The following full text of Government Code Section 4215 shall replace the provisions of Section 5-5, subparagraph 4, of the Standard Specifications : "In accordance with the provisions of Section 4215 of the California Government Code, any contract to which a public agency as defined in Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids . The agency will compensate the Contractor for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. The Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the public agency or the owner of the utility to provide for removal or relocation of such utility facilities. Nothing herein shall be deemed to require the public agency to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve the public agency from identifying main or trunk lines in the plans and specifications_ If the Contractor while performing the contract discovers utility facilities not identified by the public agency in the contract plans or specifications, he or she shall immediately notify the public agency and utility in writing. The public utility, where they are the owner, shall have the sole discretion to perform repairs or II-12 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, he or she shall immediately notify the public agency and utility in writing. The public utility, where they are the owner, shall have the sole discretion to perform repairs or relocation work, or permit the Contractor to do such repairs or relocation work at a reasonable price. " 5-2 UTILITY LOCATION AND PROTECTION Locations of existing utilities shown on the Plans are approximate and may not be complete. Therefore, the Contractor shall notify Underground Service Alert at 1-800-422-4133 a minimum of 2 working days prior to any excavation in the vicinity of any potentially existing underground facilities in order to verify the location of all utilities prior to the commencement of the Work. The Contractor shall be responsible for coordinating its work with all utility companies during the construction of the Work. All water meters, water valves, fire hydrants, Southern California Edison vaults, General Telephone vaults, Southern California Gas Company valves, and other subsurface structures shall be protected by the Contractor as specified in the Special Provisions . - END OF SECTION - II-13 • • , . SECTION 6 -- PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 LIQUIDATED DAMAGES 6•-1 .1 Amount. - The amount of liquidated damages as specified in Section 6-9 of the Standard Specifications shall not apply, but shall be as stated .in the Agreement . 6•-2 TIMES OF OPERATION 6--2 . 1 Hours of Operation. - It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following, other than between the hours of 7 : 00 a.m. to 5 : 00 p.m. , Monday through Friday, with no work allowed on City- observed holidays, unless otherwise approved by the Engineer: 1 . Powered Vehicles 2 . Construction Equipment 3 . Loading and Unloading Vehicles 4 . Domestic Power Tools 6-•3 NOTIFICATION The Contractor shall notify the City and the owners of all utilities and substructures not less than 2 working days prior to commencing the Work. The following list of names and telephone numbers is intended for the convenience of the Contractor only and is not guaranteed to be complete or correct : CITY OF PALM SPRINGS Allen Smoot, Interim Director of Aviation (760) 318-3900 GENERAL TELEPHONE COMPANY Attention: Mr. Bill Morrow (760) 778-3627 DESERT WATER AGENCY Attention: Mr. Woody Adams (760) 323-4971 SOUTHERN CALIFORNIA EDISON COMPANY Attention: Mr. Garry Dean (760) 202-4257 SOUTHERN CALIFORNIA GAS COMPANY Attention: Rich Isaacs (909) 335-7772 TIME-WARNER CABLE Attention: Mr. Michael Sagona (760) 778-3400 WHITEWATER MUTUAL Attention: Mr. Stan Clark (760) 325-5880 SPRINT Attention: Mr. Lynn Durrett (909) 874-7450 II-14 i UNDERGROUND SERVICE ALERT (600) 227-2600 6-4 EMERGENCY INFORMATION The names, addresses, and telephone numbers of the Contractor, sub-contractors, their owners, officers, and superintendents, shall be filed with the Engineer at the Pre- Construction Conference. END OF SECTION - 11-15 i • SECTION 7 -- RESPONSIBILITIES OF THE CONTRACTOR 7-1 General. - The provisions of Section 7-13 of the Standard Specifications shall be revised to read as follows : "The Contractor shall keep itself fully informed of all existing and future State and Federal laws, and county and municipal ordinances and regulations, which in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any way affect the conduct of the Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. He or she shall at all times observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any or all authority over the Work, and shall indemnify the City and all officers and employees thereof connected with the Work, including, but not limited to, the City Engineer, against any claim or liability arising from, or based on, the violation of any such law, ordinance, regulation, order, or decree, whether by itself or its employees . If any discrepancy or inconsistency is discovered in the Plans, Drawings, Special Provisions, or Contract for the Work in relation to any such law, ordinance, regulation, order, or decree, the Contractor shall forthwith report the same to the Engineer in writing. " 7• 2 Hours of Labor. - Eight hours labor constitutes a legal day' s work. The Contractor shall comply with all applicable provisions of Section 1810 to 1815, inclusive, of the California Labor Code relating to working hours. The Contractor shall forfeit, as a penalty to the City, $25 . 00 for each worker employed in the execution of the contract by the Contractor or by any subcontractor under him for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day or 40 hours in any one calendar week, unless such worker receives compensation for all hours worked in excess of 8 hours per day, or 40 hours during any one week at not less than one and one-half times the basic rate of pay. 73 Prevailing Wage Rates Not Applicable. - Funding for the Work is with all local funds 'sand as provided under the City Charter, will NOT require compliance with the prevailing wage requirements of the State of California. 7• 4 Travel and Subsistence Payments. - As required by Section 1773 . 8 of the California Labor Code, the Contractor shall pay II-16 travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Article. To establish such travel and subsistence payments, the representative of any craft, classification, or type of worker needed to execute the Contract shall file with- the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within 10 days after their execution and thereafter shall establish such travel and subsistence payments whenever filed 30 days prior to the call for Bids . 7-5 Unpaid Claims . - If, at any time prior to the expiration of the period for service of a Stop Notice, there is served upon the City a Stop Notice, as provided in Sections 3179 through 3210 of the Civil Code of the State of California, the City shall, until the discharge thereof, withhold from the moneys under its control so much of said moneys due or to become due the Contractor under this Contract, as shall be sufficient to answer the claim stated in such Stop Notice, and to provide for the reasonable cost of any litigation thereunder, provided, that if the Engineer shall, in its discretion, permit the Contractor to file with the City the bond referred to in Section 3196 of the Civil Code of the State of California, said moneys shall not thereafter be withheld on account of such Stop Notice. 7-6 Retainage From Monthly Payments . - Pursuant to Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any money withheld by the City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent, who shall return such securities to the Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement for in-lieu construction payment retention, provided by the City between the escrow agent and the City, which provides that no portion of the securities shall be paid to the Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City will not certify that the Contract has been satisfactorily completed until at least 30 days after filing by the City of a Notice of Completion. Securities eligible for investment under Public Contract Code Section 22300 shall be limited to those listed in Section 16430 of the Government Code, and to bank or savings and loan certificates of deposit. II-17 • • 1 . 7-8 Contracts for Trenches or Excavations; Notice on Discovery of Hazardous Waste or Other Unusual Conditions; Investigations; Change Orders; Effect on Contract. - (a) As required under Section 7104 of the Public Contract Code, in any public works contract of a local public entity, which involves the digging of trenches or other excavations that extend deeper than 1 . 2 meters (4 feet) below the surface, shall be subject to the following conditions : the Contractor shall promptly, before the conditions are disturbed, notify the ,. public entity in writing of such conditions . (b) It has been determined that the OSHA soil classification in Palm Springs has designated to be Type C soil throughout the City. All protective measures shall be based upon that determination. 7-9 Resolution of Construction Claims . - As required under Section 20104, et seq. , of the California Public Contract Code, any demand of $375, 000 or less, by the Contractor for a time extension, payment of money, or damages arising from the work done by or on behalf of the Contractor pursuant to this Contract, or payment of an amount which is disputed by the City, shall be processed in accordance with the provisions of said Section 20104, et seq. , relating to informal conferences, non- binding judicially-supervised mediation, and judicial arbitration. A single written claim shall be filed under this Article prior to the date of final payment for all demands resulting out of the Contract . 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 thei 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. II-IS If the Contractor disputes the City' s response, or the City fails to respond, the Contractor may demand an informal conference to meet and confer for settlement of the issues in dispute . The demand shall be served on the City, within 15 days after the deadline of the City to respond, or within 15 days of the City' s response, whichever occurs first. The City shall schedule the meet and confer conference within 30 days of the request. If the meet and confer conference does not produce a satisfactory request, the Contractor may pursue the remedies authorized by law. 7-10 Concrete Forms, Falsework, and Shoring. - The Contractor shall comply fully with the requirements of Section 1717 of the Construction Safety Orders, State of California, Department of Industrial Relations, regarding the design of concrete forms, falsework, and shoring, and the inspection of same prior to the placement of concrete. Where the said Section 1717 requires the services of a civil engineer registered in the State of California to approve design calculations and working drawings of the falsework or shoring system, or to inspect such system prior to the placement of concrete, the Contractor shall employ a registered civil engineer for these purposes, and all costs therefor shall be included in the Bid item price named in the Contract for completion of the Work as set forth in the Contract Documents . 7-11 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 Eainancial 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, 0001 2 . Comprehensive General Liability: II-19 a) Bodily Injury (Including completed operations and products liability and wrongful death) : $ 1, 000, 000 Each Occurrence $ 1, 000, 000 Annual Aggregate Property Damage: $ 1, 000, 000 Each Occurrence $ 1, 000, 000 Annual Aggregate b) Property damage liability insurance will provide explosion, collapse, and underground coverages where applicable. c) Personal injury, with employment exclusion deleted: $ 1, 000, 000 Annual Aggregatel 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•-14 .1 Business License. The Contractor and all of its subcontractors shall possess a current City business license issued by the City prior to commencement of the Work, in accordance with Title 3 of the City' s Municipal Code. The Contractor shall obtain a Business License from the City of Palm Springs prior to commencement of work. The Business License can be obtained from the City of Palm Springs, Business License Office, 3200 Tahquitz Canyon Way, Palm Springs, CA. 92262, (760) 323-8289. 7•-14 . 3 City of Palm Springs Construction Permit. The Contractor shall be required to obtain and sign a City of Palm Springs Building 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. II-20 • • SECTION 9 - MEASUREMENT AND PAYMENT 9-1 GENERAL 9-1 .1 Payment. - 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 Provisions, and as shown on the Drawings, including all appurtenances thereto, and including all costs of compliance with the regulations of public agencies having jurisdiction, including the Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration of the U. S. Department of Labor (OSHA) . No separate payment will be made for any item that is not specifically set forth in the Bid Sheet (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 Final Payments . - Acceptance of any progress payment accompanying any estimate without written protest shall be an acknowledgement by the Contractor that the number of accumulated contract days shown on the associated statement of working days is correct. Progress payments made by the City to the Contractor after the completion date of the Contract shall not constitute a waiver of liquidated damages . Subject to the provisions of Section 22300 of the Public Contract Code, a 10 percent retention will be withheld from each payment. All invoices and detailed pay requests shall be approved by the Engineer before submittal to the City for payment . All billings shall be directed to the Engineer. The Contractor shall submit with its invoice the Contractor' s conditional waiver of lien for the entire amount covered by such invoice; valid unconditional waivers of lien from the Contractor and all subcontractors and 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. II-23 • • 9-1 . 3 Payment. - The last subparagraph of Standard Specifications Section 9-3 . 1 shall be DELETED and the following substituted therefor: At the expiration of 35 days after acceptance of the Work by the City Council, or as prescribed by law, the amount deducted from the final estimate and retained by the City will be processed for payment to the Contractor, except for such amounts as are required by law to be - withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-2 PAYMENT SCHEDULE 9-2 . 1 Bid Schedule. - All pay line items will be paid for at the unit prices named in the Bid Sheet (s) for the respective items of: work. The quantities of work or material stated as unit price items on the Bid Sheet (s) are supplied only to give an indication of the general scope of the Work. The City does not expressly, nor by implication, agree that the actual amount of work or material will correspond therewith, and reserves the right after the award of Contract to increase or decrease the quantity of any unit price item of work, and shall have the right to delete any Bid item in its entirety, or to add additional Bid items . 9--2 .2 Initial Mobilization. - Measurement for payment for initial mobilization will be considered as included in the lump sum bid. - END OF SECTION - II-24 SECTION 10 -- CONSTRUCTION DETAILS 10-1 GENERAL 10-1 .1 Dust Control And Site Cleanup Throughout, _ all phases of construction, including suspension of work, and until final acceptance of the project, the Contractor shall keep the work site clean and free from rubbish and debris . The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods . Materials and equipment shall be removed from the site as soon as they are no longer necessary; and upon completion of the work and before final inspection the entire worksite shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be absorbed in the Contractor' s bid. Full compensation for all work required in this section shall be considered as included in the contract prices paid for the related items of work and no additional compensation will be allowed therefor. 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 . 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 II-25 request . The Contractor' s progress payment will not be approved unless project record drawings are current. 10-1 .3 LOCATION AND PROGRESSION OF THE WORK 10-1 .3 . 1 Location - Ramon Road Frontage Palm Springs International Airport END OF SECTION - II-26 CITY OF PALM SPRINGS DEPARTMENT OF AVIATION PART III - APPENDIX A RAMON FRONTAGE LANDSCAPING & SIGNAGE CITY PROJECT NO. 01-03 TECHNICAL SPECIFICATIONS • Landscape Planting (Pages 1-12) • Landscape Irrigation (Pages 1-8) • Landscape Electrical (Pages 1-4) III-1 LANDSCAPE PLANTING 1. SCOPE Furnish and deliver all plant Material, Labor, Materials, Equipment, Appliances, to complete the landscape work as shown in the plans hereinafter specified: 2. WORK INCLUDED A. Disposal of excavated earth as specified or directed. B. Soil preparation. C. Finish grading and fertilizing. D. Furnishing plants and all planting operations (including watering, staking, guying and pruning, seeding, sodding, or stolonizing). E. Protection, maintenance and guarantee. F. All work of every description mentioned in the specifications and / or amendments thereto, and all other reasonable labor and materials incidental to the satisfactory completion of the work, including clean-up of the site. 3. SCHEDULE OF WORK A. Upon award of the contract, submit a work schedule satisfactory of the Landscape Architect for carrying out the work. No modifications shall be made to this schedule which have not been approved by the Landscape Architect. B. Contractor shall submit list of all subcontractorswithtelephone numbers, names of responsible superintendents or foreman, to Landscape Architect's office seven(7)days after contract is approved. C In general, the work shall proceed as rapidly as the indicated portions of the site become available, consistent with the unavoidable seasonal limitations of landscape work. Cooperate with other contractors working in and adjacent to their areas included in this contract, with a view to determining the scope and relationship of these contracts and coordinating the work to be done under each. PLANTING Page 1 of 12 r 4. SAMPLES ANALYSIS AND STANDARDS A. Submit to the Landscape Architect for approval before delivery, samples and certified analysis of fertilizer and grass seed; also soil amendments, stating source, composition and quantity available. B. For standard products, the manufacturer's analysis will be acceptable; for all other materials, analysis shall be by a recognized laboratory. Analysis shall be made in accordance with the current methods of the Association of Official Agricultural Chemists. C. Grass seed shall meet the tolerance for germination and purity of the Official Seed Analysis of North America. D. Nursery stock shall meet the current edition of "Agriculture Code of California" and the regulations of the 'Director of Agriculture Pertaining to Nursery Stock" as to grading and quality. E. No substitution will be permitted without the written approval of the Landscape Architect. The Landscape Architect reserves the right to take samples of materials and analyze them for comparison with the specifications. Rejected materials shall be removed from the site by the contractor. 5. PERSONNEL Planting and seeding shall be performed by personnel familiar with planting procedures and under the supervision of a qualified planting foreman. The planting foreman shall be on the job at the site whenever planting is in progress. 6. MATERIALS It is the intent of this specification that all materials as herein specified and shown in the drawings shall be of the highest quality available and meeting the requirements specified. A. WATER! Suitable water for the execution of this work and maintenance shall be provided by the Owner. The Contractor shall, however, be required to furnish his own hose and hose connections from the outlets where the water will be furnished. PLANTING Page 2 of 12 B. FERTILIZER: Commercial Products: Shall be an approved standard brand delivered in standard size containers showing weight, analysis and name of manufacturers, and stored in a weatherproof storage place and in such a manner that effectiveness will not be impaired. _ Commercial Fertilizer. Shall be a complete fertilizer, part of the elements of which are derived from organic sources. Commercial Planting Tablets: shall be a 12 month slow-release compressed tablet, 7 grams in size. Follow manufacturer's recommendations. (So. Calif. Organic Fertilizer Co., Inc. (213) 245- 6849) Fertilizer/Soil Conditioner: Shall be a humus base fertilizer and soil conditioner consisting of 50% humus, 15% humic acids, bacterial stimulators, and 1.25% soil penetrant, 5% nitrogen, 3% phosphoric acids and 1% potash. Product shall be Gro-power Plus or approved equal. Apply at manufacture's recommended rate. C. BONE MEAL: As available from Bandini Co., or approved equal. D. PLANTING MIX: As available from Bandini Co., planting mix and mulch, or approved equal. E. LAWN MATERIAL: 1. May to September— Tiffgreen Bermuda sod or stolons, planting rate, hydromulch 6 lb. per 1000 S.F., hand spreading rate 10 lb. per 1000 S.F. October to April — Sunrye Perennial Rye at the seeding rate of Hydromulch 10 lb. per 1000 S.F., hand spreading rate 15 lb. per 1000 S.F. Seed available from Foster Turf (619) 341-2233 or approved equal. A note specifying other turf may be on the drawing which will supercede this information. If sod is specified on the drawings, sod shall be Tiffgreen Bermuda grass overseeded with Perennial Rye (as the season allows). 2. Furnish dealer's guarantee statement of composition, mixture, percentage of purity and germination of each variety. PLANTING Page 3 of 12 • • F. PLANT MATERIAL: Within 7 days after award of Contract, submit to the Landscape Architect documentation that all plant material as herein specified has been ordered. 1. All plants shall be nursery grown in accordance with good horticulture practices, and shall be grown under climatic conditions similar to those in the locality of the project for at least 2 years. 2. Plants shall be typical of their species or variety and shall have normal habits of growth. They shall be sound, healthy and vigorous, well branched and densely foliated when in leaf. They shall be free of disease, insect posts, eggs or larvae, and shall have healthy, well- developed root systems. 3. Trees shall have straight trunks with the leader intact, undamaged and uncut. All old abrasions and cuts shall be completely callused over. Trees shall be tied securely to stakes on delivery. 4. All trees and shrubs shall be measured when their branches are in a normal position. Weight and spread dimensions when specified refer to the main body of the plant and not from branch or root tip to tip. 5. All plants shall conform to the measurements specified in the Plant List when applicable, except that plants larger than specified may be used if approved by the Landscape Architect. Use of such plants shall not increase the contract price. 6. Specified size shall be before pruning. 7. Plants shall not be pruned prior to delivery except upon special approval of the Landscape Architect. 8. Container stock: Shall have grown in the containers in which delivered for at least 6 months but not over 2 years. Samples must be shown to prove no root-bound condition exists. 9. No container plants that have cracked or broken balls of earth when taken from the container shall be planted except upon special approval. Canned stock shall be removed carefully from cans after containers have been cut on 2 sides with tine snips or other approved cutter. A spade m y not be used to cut cans. Do not lift or handle container plants by the tops, stems or trunks at any time. PLANTING Page 4 of 12 0 • 10. No plant shall be bound with wire or rope at any time so as to damage the bark or break branches. 11. Quantities necessary to complete the work shown in the drawings shall be furnished. Any discrepancy in the quantities given in the Plant List shall not entitle the Contractor to additional remuneration. 12. The Landscape Architect reserves the right to make substitutions, additions and deletions in the planting scheme, when he deems necessary, as the work progresses on the site. Such substitutions, additions and deletions shall be accomplished by an equitable adjustment of the contract price when necessary. All plant material acquired through additions or substitutions shall be subject to all conditions and guarantees as herein specified. 13. All ground covers shall be installed at the spacings indicated on the plans. Contractor shall be responsible for his own plant count. 14. Skin all Washingtonian Palm Trees to within 3 feet of crown unless otherwise directed on the drawings. G. INSPECTION OF PLANT MATERIAL: I. Plants shall be subject to inspection and approval at place of growth or upon delivery for conformity to specification requirements as to quality, size and variety. Such approval shall not impair the right of inspections and rejection at the site during the progress of the work for size and condition of injuries. Rejected plants shall be removed immediately from the site. 2. All specimen trees shall be selected and tagged by the Landscape Architect at their place of growth, unless arrangements are made otherwise. 3. No plants shall be delivered to the site until the required inspections have been made and the plants approved. 4. Certificates of inspection of plant materials shall be furnished as may be required by Federal, State or other authorities to accompany shipments. PLANTING Page 5 of 12 5. Substitutions will not be permitted. If proof is submitted to the Landscape Architect that any plant specified is not obtainable, a proposal will be considered for use of nearest equivalent size or variety with an equitable adjustment of contract price. Such proof shall be after the signing of the contract. 7. PLANT PITS AND BEDS Plant pits shall be excavated with vertical sides to the following sizes: A. One and five (5) gallon containers — 5 inches wide and deeper than the size of the root ball. B. Fifteen (15) gallon containers and all boxes — large enough to allow one foot of space around the ball in all directions. 8. EXCAVATED MATERIAL Shall be removed and material shall be disposed on or off the site as directed by the Landscape Architect. 9. WORKING OF TOPSOIL AND FINISH GRADING Topsoil shall be worked sufficiently so that after light rolling the complete work will conform to the line, grade and elevations show on the plans and as directed by the Landscape Architect. 10. FINAL GRADING AND DRAINAGE The Contractor shall bear final responsibility for proper surface drainage of the site and the features thereon. Any discrepancy in the drawings or specifications, obstructions on the site, or prior work done by another party, which the Contractor feels precludes establishing proper drainage, shall be brought to the attention of the Landscape Architect in writing for correction or relief of responsibility. 11. PLANTING A. Planting Mixtures: Planting mixture for plant pits shall consist of three parts of native on-site soil, one part of planter mix, 17 lbs. of Gro-Power Plus per cubic yard of mix (at Manufacturer's specifications) with bone meal added at the rate of 3 lbs. per cubic yard. PLANTING Page 6 of 12 B. Planting Operation: 1. Do not permit roller, bulldozers, trucks or other heavy equipment to pass over underground utilities, heating, and electrical conduits, etc. Maintain all trench or grade stakes set by others until the Landscape Architect approves their removal. 2. Before digging plant holes, containers shall be placed as indicated on the planting plans. The Landscape Architect shall check the position in the field and indicate the exact position before proceeding with the planting. 3. Set trees in center of pits, plumb and straight. Except in lawn areas, plant at such a level that after settlement the crown of the plant will be 2" below finished grade and slightly smaller than the pit to facilitate watering. (See detail for tree basin). 4. Before plants are set, compact soil around base of ball to fill all voids. 5. Before plant pits have been back-filled, water thoroughly before installing plant mixture to top of pit. When back- filling is partially completed by use of high lift or other mechanical means, extra care shall be taken to see that soil is worked under ball and around roots. Avoid air pockets! Back filling shall be completed by jetting process on all boxed materials, Olives, Palms, etc. 6. A mound of earth shall be formed as directed around each shrub and tree so as to produce a shallow basin to retain water- the diameter to exceed the diameter of the root spread. 7. All trees shall be double staked exactly as shown on the plans and in detail. Note the direction of the stakes. No other means of staking shall be acceptable except as shown in detail. Staking shall be done immediately after planting. Trees shall stand plumb after staking. The top of the stake must not interfere with branches of the head of the tree. 8. Staking and / or guying shall be done immediately after planting. Plants shall stand plumb after staking or guying in accordance with the detail drawing. PLANTING Page 7 of 12 C. Pruning, Mulching, and Spraying: 1. Prune plants only at time of planting and according to standard horticultural practice to preserve the natural character of the plant and to accomplish its use in the landscape design. 2. Remove all dead wood, suckers and broken or badly bruised branches. 3. Remove only dead, broken or rubbing branches on flowering and specimen trees and shrubs. Use only clean, sharp tools. 4. Paint cuts over '/4" diameter with an approved tree paint, covering all exposed, living tissue. Paint shall be waterproof, adhesive and elastic, antiseptic, free from Kerosene, coal tar, creosote, or any other material injurious to the tree. 5. Immediately after planting operations are complete, all beds and pits shall be dressed off so as achieve a neat and presentable appearance. D. Soil Preparation for ground Cover Areas: Cultivate to a 6" depth at the rate as indicated above. (See note on Planting Plan for soil additives type rate). 12. LAWN PLANTING A. Soil Preparation for grass seed, sod or stolon planting: 1. Cultivate to a 6" depth. 2. Roll with a 200 lb. roller until a uniformly compact surface is obtained in compliance with required finished grades and as directed. The Landscape Contractor must obtain acceptance by the Landscape Architect of the finished grade prior to the lawn planting. Failure to acquire such acceptance may result in regrading and replanting the lawn area at the Landscape Contractor's expense. (See note on planting plan for soil additives to lawn area). B. Planting: All planting shall be done by experienced workmen. PLANTING Page 8 of 12 13. PROTECTION Protect all areas and plants against trespassing and from damage at all times. If any plants are injured, they shall be treated or replaced as required by the Landscape Architect. No work shall be executed in or over prepared plant areas or adjacent to planting without proper.safeguards and protection. 14. OBSTRUCTIONS BELOW GROUND A. In the event that rock or underground construction work or obstructions are encountered in the excavation of plant pits, alternate locations may be selected by the Landscape Architect. Where locations cannot be changed, the obstructions (but not new construction work) shall be removed to a depth of not less than 6" below the required pit depth. The Contractor shall be responsible for the removal of such rock or underground obstruction encountered. B. Underground Utilities: The Contractor shall request and the Owner shall furnish plans showing locations of"as built" underground utilities prior to construction activity. (Grading, sprinkler work, planting.) C. Proper drainage of plant pits is necessary. Subsoil conditions permitting the retention of water in planting pits for protection where necessary and remove same at time of final acceptance. 15. PROTECTION OF WORK OCCUPANCY Occupancy of the building shall not relieve the Contractor of any of the obligations outlined in these specifications. Provide protection where necessary and remove same at time of final acceptance. 16. MAINTENANCE Maintenance shall begin immediately after each plant and each portion of lawn is planted and shall continue until work, including lawns, is accepted at the end of 60-day maintenance period. Maintenance of planting shall consist of pruning, watering, fertilizing, cultivation, weeding, keeping trees erect, raising tree balls which settle below grade, and furnishing and applying such sprays as are necessary to keep the plantings free of insects and diseases. The 60-day period shall begin upon Final Acceptance. Maintenance of lawn shall be for a minimum of 60 days and shall consist of weeding, watering, cutting, fertilizing, treatment of fungus diseases, insect pits, PLANTING Page 9 of 12 repair of erosion, and all incidental work necessary to establish a stand of grass satisfactory to the Owner. Rye grass at no time shall be cut shorter than 1-1/2" from the ground. Bermuda grass shall be cut to '/1' from the ground. All areas that fail to show a uniform stand of grass shall be replanted at intervals of 10 days until all areas are covered with a satisfactory stand of grass. Install adequate temporary fencing to protect against trespassing and damage for the duration of the maintenance period. The Contractor shall make written request for final inspection 7 days after lawns have been seeded. Such inspection,shall be for the purpose of establishing the maintenance period. Sidewalks and other paved areas shall be kept clean when planting and maintenance operations are in progress. 17. CLEAN-UP A. All areas shall be kept in a neat and orderly condition at all times. Prior to final acceptance clean-up and remove all materials and debris from entire landscaped area to the satisfaction of the Landscape Architect. B. Contractor shall repair damaged areas due to circumstances that are beyond Contractor's control, after submitting request for change order and obtaining approval for same from Owner's representative. 18. INSPECTION A. Inspection of work and planting will be made at the Contractor's request upon completion of work. B. Written notice requesting inspection shall be submitted to the Landscape Architect at least 7 days prior,to the anticipated inspection date. C. Partial Acceptance: Portions of the work under this contract may be accepted as complete at the opinion of the Landscape Architect. 19. FINAL ACCEPTANCE The work under this contract will be,accepted by the Landscape Architect upon the satisfactory completion of all work, including maintenance,but exclusive of the replacement of plant materials. Upon completion of all repairs or renewals which may appear at the time to be necessary in the judgment of the Owner or his representative shall certify in writing to the Owner as to the acceptance of the planting items. The Owner, upon receipt and approval of said Certificate, shall pay or cause to be paid, to the said PLANTING Page 10 of 12 Contractor, a sum of money to be not less than ninety percent(90%) of the total planting items due to the said Contractor. 20. PLANT LIST The Plant List and Plant Count is for the convenience of the Contractor. In the event of discrepancies, the planting plan shall govern. 21. GUARANTEE AND REPLACEMENT A. Guarantee that all plants of 15-gallon size and over, planted under this contract, shall be in good, healthy and flourishing condition of active growth at the end of one growing year from the date of acceptance, as defined herein. B. All other plant material shall be guaranteed to be in good, healthy and flourishing condition of active growth at the end of six months from the date of final acceptance. C. Any delay in the completion at any time of work in the planting operations which extends the planting into more than one planting season, will extend the guarantee period correspondingly. D. Replace, without cost to the Owner, as soon as weather conditions permit, all dead plants and all plants not in a vigorous thriving condition as determined by the Landscape Architect. The plants shall be free of dead branches and dead branch tips, and with foliage of normal density, size and color. E. All replacements shall be plants of the same type and size as specified in the plant list. They shall be furnished and planted as specified under planting Operations. The cost shall be borne by the Contractor except for possible replacements resulting from removal, loss or damage due to the occupancy of the project in any part, vandalism, civil disobedience, or acts of neglect on the part of others, physical damage by animals,vehicles, fire, etc., or losses due to curtailment of water by local authorities, or to "acts of God." Floods, cyclones, wind of hurricane force, hail exceptional or untimely freeze are not normal and the damage they do cannot be calculated in a bid. The Owner in all cases shall assume the risk of such "acts of God." F. Except for failures beyond the control of the Contractor, such as neglect, vandalism and the like, replacement of comparable quality and size shall be made. PLANTING Page 11 of 12 G. All guarantees and warranties shall be put in writing to the Owner and sent to the Landscape Architect: MICHAEL BUCCINO ASSOCIATES, INC. 77-734 Country Club Drive, Suite A-3 Palm Desert, California 92211 PLANTING Page 12 of 12 LANDSCAPE IIMIGATION 1. SCOPE Includes furnishing all labor, materials and equipment for the proper installation of the irrigation system. The work includes, but is not necessarily limited to, the following: (1) Trenching and Backfill; (2) Automatically controlled irrigation system; (3) Test all systems and make operative; (4) "As-Built'Drawings. 2. GENERAL a. Permits and Fees: Obtain all permits and pay required fees to any governmental agency having jurisdiction over the work. Inspections required by local ordinances during the course of constriction shall be arranged as required. On completion of the work, satisfactory evidence shall be furnished to the Landscape Architect to show that all work has been installed in accordance with the ordinances and code requirements. b. Approval: Wherever the terms "approve", "approval', or "approved", are used in the specifications, they shall mean the approval of the Owner in writing. c. Before any work is started, a conference shall be held between the Contractors and the Owner concerning the work under this Contract. d. Coordination: Coordinate and cooperate with other Contractor to enable the work to proceed as rapidly and efficiently as possible. e. Inspection of site: 1. Contractor shall acquaint himself with all site conditions. Should utilities not shown on the plans be found during excavations, Contractor shall promptly notify the Owner for instructions as to further action. Failure to do so will make Contractor liable for any and all damage thereto arising from his operations subsequent to discovery of such utilities not shown on the plan. 2. Contractor shall make necessary adjustments in the layout as may be required to connect to existing stubouts, should such stubs not be located exactly as shown, and as may be required to work around existing work at no increase in cost to the Owner. EMGATION Page 1 of 7 f Protection of Existing Plants and site Conditions: The Contractor shall take necessary precautions to protect existing site conditions. Should damage be incurred, this Contractor shall repair the damage to its original condition at his own expense. g. The Owner reserves the right to substitute, add, or delete any material or work as the work progresses. Adjustment to the contract price shall be negotiated if deemed necessary by the Owner. h. The Owner reserves the right to reject material or work which does not conform to the Contract Documents. Rejected work shall be removed or corrected immediately. i. Work Schedule: Within 10 days after award of the Contract, the Contractor shall submit to the Owner a work schedule outlining the proposed dates for various sections of the work to be performed. j. "As- built" Irrigation Drawings: Prepare "As-Built" drawing on a blueline print which shall show deviations from the bid documents made during construction affecting the main line pipe, controller locations, remote control valves, hose bibbs and all sprinkler heads. The drawing shall also indicate and show approved substitutions of size, material and manufacturer's name and catalog number. The drawing shall be delivered to the Owner before final acceptance of work. k. Final Acceptance: Final acceptance of the work may be obtained from the Owner the upon the satisfactory completion of all work 1. Guarantee: All work shall be guaranteed for one year from date of acceptance against all defects in material, equipment and workmanship. Guarantee shall also cover repair of damage to any part of the premises resulting from leaks or other defects in material, equipment and workmanship to the satisfaction of the Owner. Repairs, if required, shall be done promptly at no cost to the Owner. 3. MATERIALS a. General: All materials throughout the system shall be new and in perfect condition. After award of the contract and prior to beginning work, the Contractor shall submit, for approval, a compete list of materials and equipment which he proposes to install. Quantities of materials and equipment need not be included. No deviations from the,specifications shall be allowed without prior approval of the Owner or his representative. HMGATION Page 2 of 7 • i b. Plastic Piping: All main line pipe 3" and smaller shall be Schedule 40, Type 1120-1220 polyvinyl chloride (PVC) pipe and shall conform to CS-207-60. All lateral pipe to sprinklers shall be Class 200, Type 1120-1220 polyvinyl chloride (PVC) pipe and shall be conform to CS-256-63. C. Plastic fittings: Schedule 40 polyvinyl chloride (PVC) standard weight as manufactured by Sloane, Lasco, or approved equal. d. Solvent Cement: Compatible with PVC pipe and"of proper consistency. e. Sprinkler Head Risers: Schedule 80 PVC for risers or galvanized steel where indicated for rooter heads. Pipe shall be cut in a standard pipe-cutting tool with sharp cutters or molded nipples. Ream only to full diameter of pipe and clean all rough edges or burrs. Cut all threads accurately with sharp dies. Threaded PVC fitting shall be tightened only by hand — no pipe wrenches allowed. Use Teflon Tape on all threaded plastic to metal connections. f Automatic Controllers: As indicated on drawings. g. Remote Control Valves: As indicated on drawings. h. Valves Boxes: Shall be rectangular by Carson, or equal. i. Control Wires: 24-volt solid wire U.L. approved for direct burial in ground. Minimum wire size: 14 gauge. All communication wiring to satellite units shall be double jacketed, multi-conductor. j. Sleeves for Control Wires: Under all walks and paving and where indicated on drawings — PVC 1220-160 p.s.i. plastic pipe or galvanized heavy wall steel conduit. k. Sprinkler Heads: Of the manufacturer specified in legend in drawing. 1. Valve keys: Furnish one 30" key galvanized for adjusting remote control vales. Buckner No. 71 Thompson#419, or approved equal. 4. WORKMANSHH' a. Layout work as accurately as possible to the drawings. The drawings, though carefully drawn, are generally diagrammatic to the extent that swing joints, offsets and fittings are not shown. IRRIGATION Page 3 of 7 b. The Contractor shall be liable fori full and complete coverage of all irrigated areas and shall make any necessary minor adjustments at no additional cost to the Owner. c. Any major revisions to the irrigation system must be submitted and answered in written form, along with any change in contract price. 5. INSTALLATION a. Excavating and Trenching: 1. Perform all excavations as required for the installation of the work included under this section, including shoring of earth banks to prevent cave-ins. Restore all surfaces, existing underground installations, etc., damaged or cut as a result of the excavations to their original condition and in a manner approved by the Owner. 2. Trenches shall be made wide enough to allow a minimum of 6" between parallel pipe lines. Trenches for pipe lines shall be made of sufficient depths to provide the minimum cover from finish grade as follows: a) 18" minimum cover over main lines. b) 18" minimum cover over control wires from controller to valves. c) 12"minimum cover over lateral lines to heads 3. Safety shall of the utmost importance at all times. The Contractor will maintain all warning signs, shoring, barricades, flares and red lanterns as required by the Safety Orders of the Division of Industrial Safety and any local ordinances. b. Pipe Line Assembly: 1. Install remote control valves where shown and group together where practical; place no closer then 12"to walk edges,buildings and walls. Place in planting areas wherever practical. 2. Plastic pipe and fitting shall be solvent welded using solvents and methods as recommended by manufacturer of the pipe, except where screwed connections are required. Pipe and fittings shall be thoroughly cleaned of dirt, dust and moisture before,applying solvent with a non-synthetic bristle brush. 3. Pipe may be assembled and welded on the surface. Snake pipe from side to side of trench bottom to allow for expansion and contraction. IRRIGATION Page 4 of 7 4. Make all connections between plastic pipe and metal valves or steel pipe with threaded fittings using plastic male adapters. 5. Stencil, in black, the valve number on each valve box lid. c. Sprinkler Heads: 1. Install all sprinkler heads on marlex street ells and risers as indicated on plan. Set top of shrub head as indicated in detail and notes, with 1" above finish grade. 2. Use pipe joint compound on galvanized iron fittings, and Teflon-based compound on PVC threaded connections. d. Closing of Pipe and flushing lines: 1. Cap or plug all openings as soon as lines have been installed to prevent the entrance of materials that would obstruct the pipe. Leave in place until removal is necessary for completion of installation. 2. Thoroughly flush out all water lines before installing heads, valves and other hydrants. 3. Test in accordance with paragraph on Hydrostatic Tests. 4. Upon completion of the testing the Contractor shall complete assembly and adjust sprinkler heads for proper uniform distribution. e. Hydrostatic Tests: 1. Request the presence of the Owner in writing at least 48 hours in advance of testing. 2. Testing to be accomplished at the expense of the Contractor and in the presence of the Owner or his representative. 3. Center load piping with small amount of backfill to prevent arching or slipping under pressure. MWGATION Page 5 of 7 4. Apply a continuous and static water pressure of 60 p.s.i. when welded plastic joints have cured at least 24 hours and with the risers capped as follows: a) Main lines and submains to be tested for 12 hours. b) Lateral lines to be tested for 2 hours. 5. Repair leaks resulting from tests. f. Automatic Controller: 1. Connect remote control valves to controller as shown on the plan being sure lawn and shrub stations are in running sequence as indicated. g. Automatic Controller Wiring: 1. Install control wires, sprinkler mains and laterals in common trenches wherever possible. 2. Install control wires at least 18" below finish grade and lay to the side and below main line. Provide looped slack at valves and snake wires in trench to allow for contraction of wires. Tie wires in bundles at ten-foot intervals. 3. Control wire splices will be allowed only on runs more than 500 feet. Crimp wires together with Sta-Kon No. PT-70 connector. Seal connection with Scotchlok # 3576 sealing pack. Location of splices shall be indicated on"as built" drawings. h. Backfill and Compacting: 1. After system is operating and required tests and'inspections have been made, backfill excavations and trenches with clean soil, free of rubbish. 2. Backfill for all trenches, regardless of the type of pipe covered, shall be compacted to minimum 90% density. 3. Compact trenches in areas to be planted by thoroughly flooding the backfill. Jetting process may be used in those areas. 4. Dress off all areas to finish grades. 6. CLEAN-UP Remove from the site all debris resulting from work of this section. IRRIGATION Page 6 of 7 7. FINAL INSPECTION: Shall be made at the time of landscape planting and construction inspection. 8. GUARANTEE a. The entire irrigation system shall be warranteed against defects in material and workmanship for a period of one year from the date of acceptance. Should any trouble develop within the time specified due to faulty material and/or workmanship, the trouble shall be corrected by the Contractor to the entire satisfaction of the Landscape Architect and at no expense to the Owner. b. The Contractor shall also warrant to repair or replace any part of the Owner's plant materials, any landscape construction work, and / or underground piping damaged during his contract. c. All Guarantees and Warranties shall be put in writing to the Owner and sent to the Landscape Architect: NHCHAEL BUCCINO ASSOCIATES 77-734 Country Club Drive, Suite A-3 Palm Desert, California 92211 UMGATION Page 7 of 7 LANDSCAPE ELECTRICAL 1. The Electrical Contractor shall furnish all labor, materials, equipment, tools and services necessary to perform, complete and place into successful operation, in a workmanlike manner, all work required for the construction of the project in accordance with the following Specifications and as shown on the drawings. All work is subject to the approval of the Landscape Architect, 2. All work shall be in accordance with the latest edition and revisions of the National Electrical Code (NEC) and applicable state and local codes. All electrical equipment shall be Underwriters Laboratories (UL) approved and shall comply with all National Electrical Manufacturers Association (NEMA) standards. 3. The entire installation shall be electrically continuous and shall be grounded in accordance with article 250 of the NEC. 4. All light fixture locations shown on the drawings are approximate. Actual locations shall be determined in the field after the trees, shrubs, and vine/espaliers to be illuminated have been planted and hardscape elements (walls, etc..) are completed. All final locations shall be approved by the Landscape Architect. 5. The Electrical Contractor shall recognize that all determinations of lighting fixture locations, as well as all final focus and adjustments of lighting fixtures, must be performed at night. He shall allow adequate time in his proposal to accommodate this work. 6. Light fixtures are to be located a minimum of 6 inches from the edges of paving and grass areas. 7. Convenience outlets shall be waterproof, with GFI protection and to be installed as low as local codes permit. 8. Conduit and wiring runs are shown schematically. Building and site conditions will determine the actual runs. 9. All conduits and wiring shall be installed along the edges of planting areas so as not to interfere with plant hole excavations. Any electrical items which interfere with planting holes shall be relocated at the Electrical Contractor's expense. ELECTRICAL Page 1 of 4 • • 10. The actual locations of items such as the photocell, time clock and time clock bypass switch shall be verified with the Landscape Architect prior to installation. 11. All wiring for lighting and power circuits in dry, interior locations shall be type NM non-metallic sheathed cable, with copper conductors and 600 volt insulation, unless otherwise noted. Wires sized No. 8 AWG and larger shall be stranded, Wires sized No. 10 AWG and smaller shall be solid. 12. All wiring for exterior locations shall be single conductor copper with 600 volt, type THHN/THVVN insulation, unless otherwise noted. Wires sized No. 8 AWG and larger shall be stranded. Wires sized No. 10 AWG and smaller shall be solid. •13. All low voltage cable shall be UL listed, approved for direct burial. The cable shall be three conductors, 12 gauge stranded. Rated 150 volt, with PVC insulation, ultraviolet stabilized. The Electrical Contractor shall be responsible for determination of voltage drop on all low voltage runs. Any runs which exceed 2 volts drop shall be provided with No. 10 AWG cable. 14. All wiring in exterior locations or in exposed interior locations shall be installed in conduit, unless otherwise noted. 15. All underground conduits shall be Schedule 40 PVC, unless otherwise noted. All joints shall be solvent welded for water-tight connections. Where underground conduits stub up above grade, provide rigid steel conduits. All underground conduits shall be sealed with a suitable compound at the building entrances and at connections to boxes to prevent entrance of moisture and gases. 16. Junction and pull boxes shall be provided in the raceway system where necessary to facilitate conduit and conductor installation. All boxes shall be sized for the quantity and size of conductors to be installed. Boxes in dry, interior locations shall be metallic boxes in exterior locations shall be a cast, weatherproof type. 17. All empty conduits shall be provided with a 200 pound test nylon fish line. 18. Low voltage transformers shall be UL recognized, class B, with 120 volt primary windings and isolated 12 volt secondary windings. Auto-transformer type is not acceptable. Transformers in exterior locations shall be UL approved for wet locations. ELECTRICAL Page 2 of 4 19. Lighting fixtures, photocells, time clocks and relays shall be as specified on the drawings. 20. All branch circuit wiring shall be connected to 15 or 20 Ampere, 1 Pole circuit breaker(s). All circuit numbers shown are for arbitrary designation only and shall be determined by the Electrical Contractor. All multi-circuit runs shall be coordinated for proper phase and neutral arrangement, 21. The Electrical Contractor shall provide wiring, conduits and grounding for the pool and spa lights. The Pool Contractor shall furnish the pool and spa lights and installation in the walls. All work shall be in accordance with Article 680 of the NEC. 22. The Electrical Contractor shall be responsible for the demolition and relocation of all equipment which interferes with the electrical work. He shall also be responsible for all cutting, patching and painting necessary for the completion of the electrical work. 23. The Electrical Contractor shall, at his own expense, repair, replace and maintain in service any utilities, facilities or services (underground, above ground, exterior, interior) damaged, broken or otherwise rendered inoperative during the course of the electrical work. The Contractor shall carefully check the locations of all underground utilities, by thorough examination of all available date and by review with the utility companies. 24. The Electrical Contractor shall be held financially responsible for all damage to landscape materials by his work or by his personnel, including replacement and installation by the Landscape Contractor. 25. The Electrical Contractor shall be responsible for the coordination of his work with all other trades on the project, to insure an efficient and complete installation. The locations of all conduits or sleeves under concrete paving, walls, etc. shall be coordinated prior to construction. 26. All lighting fixtures, outlets, controls and equipment are to be approved by the Landscape Architect prior to purchase. Any items which are installed but not approved shall be removed and replaced at the Electrical Contractor's expense. All catalog numbers shall be verified with descriptions prior to making any purchases. ELECTRICAL Page 3 of 4 i ! 27. Submit 4 sets of shop drawings for all electrical equipment such as lighting fixtures, devices, low voltage transformers, time clocks, photocells, dimming systems and controls to the Landscape Architect for approval prior to making any purchases. 28. Some electrical items specified on the drawings will be furnished as prepurchased items by the Owner. These items shall be verified and coordinated with the Owner prior to making any purchases of related equipment. 29. Keep accurately dimensioned records of changes and deviations from the original contract drawings, including precise locations of concealed and underground work. Recordings shall be made by ruled lines on a set of reproducible drawings and the drawing shall be delivered to the Landscape Architect at the completion of the project. 30. All certificates of inspection or approval which may be required shall be obtained and paid for by the Electrical Contractor and delivered to the Owner. 31. The Electrical Contractor shall guarantee in writing for a period of one (1) year from the date of written acceptance of his work all materials, equipment and labor furnished by him are free from defects. The Contractor shall further guarantee that if any material or equipment is found to be defective within the guarantee period because of faulty,manufacture or faulty installation (in the sole opinion of the Landscape Architect), he will replace and install such material or equipment without any further expense to the Owner. Guarantee shall be put in writing addressed to the project Owner and sent to : Michael Buccino Associates 77-734 Country Club Drive, Suite A-3 Palm Desert, California 92211 ELECTRICAL Page 4 of 4 av�►i.�►® CERTIFiCATF INSURANCE SUE E (MMIDDIYY) 05/18/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE HRH Ins Sent of So California POLICIES BELOW. License Number 0684503 77-W Country Club Dr. #401 COMPANIES AFFORDING COVERAGE Palm Desert CA 92211 COMPANY A INSCORP LETTER COMPANY B Indemnity Ins Go of N Ame INSURED .. ...... .. .,.. ...,.. LETTER COMPANY n Sierra Lands cape CO Inc LETTER V P 0 Box 14247 COMPANY D Palm Desert CA 92255-4247 LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR�THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MMIDDIYY) DATE(MMIDDIYV) A GENERAL LIABILITY CA IC10018702 10/01/00 10/01/01 GENERAL AGGREGATE § 2,000,000 X 'COMMERCIAL GENERAL LIABILITY ', I PRODUCTS-COMPIOP AGG. :$ 2,000,000 CLAIMS MADE X OCCUR. PERSONAL&ADV.INJURY $ 1 000,000 ;OWNER'S&CONTRACTOR'S PROT, EACH OCCURRENCE $ 1 ,000,600 FIRE DAMAGE(Any one fire) $ 50,000 : MED.EXPENSE(Any one person) is 5,000 A AUTOMOBILE LIABILITY CA IC10018702 10/01/00 10/01/01 COMBINED SINGLE X ANY AUTO LIMIT $ 1 ,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS ! Per person) $ X HIRED AUTOS BODILY INJURY X NON OWNED AUTOS (Per accident) $ GARAGE LIABILITY ....... .PROPERTY DAMAGE § EXCESS LIABILITY EACH OCCURRENCE $ ..... t.,.: .a ... . .UMBRELLA FORM , AGGREGATE $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION X STATUTORY LIMITS B AND MNC012109-00 04/01/01 04/01/02 EACH ACCIDENT .$ 1'000,000 . DISEASE-POLICY LIMIT .5 1,000,000 EMPLOYERS'LIABILITY ' DISEASE EACH EMPLOYEE § 1 gD0�DDD :.cgRI... ., ....... . ..... ... .,. .... .., ...... . ....... ...... .... OTHER I ......... . .......... . .......... ........., ....... : ...... ...,.,.. ....... ., .., .., .. ESCRIPTION OF OPERAT10NSILOCATIONSNEHICLES/SPECIAL,ITEM C�artlflcater holder is named as additlona insured but only in respect to liability arising out of our named insureds landscape operations per contract. Project: Ramon Frontage Landscape & Signage, CP01-03, A4359 A 10-day notice of cancellation applies for non-payment. CERTIFICATE;HOLDER OANCELCAT,K?N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENXNNVM)T](XXXXXXX MAIL 30 'DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City of Palm SpringsLEFT, BNX R"Aftd X9(k x pPkk IDnR�#K 4 K XX7tACwxG&K XxxxxxxxxxX PO Box 2743 KOPR1 R3M 1W R R)CMR/,t xx7TRWA<XGCk60cRIC kxxR 7wxttNxxxxxxxxxxx Palm Springs CA 92283-2743 ' ��'EXCEPT 10 DAYS OR N N PAY ENT OF PREMIUM AUTHORIZED REPRES NTATIV Sal l aSandov �AGORD:.CORPORATION.1890.:.';' I ►�.u® CERTIFICAT F PLIABILITY �1 $ DATE "`' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HRH Ins Sery of So California HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR License Number 0684603 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 77-W Country Club Dr. #401 COMPANIES AFFORDING COVERAGE Palm Desalt CA 92211 ' i-� Ti COMPANY P L� I, A Hartford Insurance Group INSURED °' Ly I COMPANY Sierra Landscape Cc Inc B State Compensation Ins. F PO BOX 14247 COMPANY PALM DESERT CA 922554247 —, C COMPANY COVERAGESL THIS IS TO CERTIFY THAT THE POLIdIES OF INSURANCE ISTEErBELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTRDATE (MMIDD,NY) CAM (MMiDDIYY) A GENERAL LIABILITY 72UUNSR3808 11/07/02 11/07/03 GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS COMP/OP AGG $ 2,000,000 CLAIMS MADE 1 OCCUR PERSONAL&ADV INJURY $ 1,000,000 X OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 X C32503 PER PROJ AGG FIRE DAMAGE(Any one lire) $ 100,000 X $500 PD DEDUCTIBLE MED EXP(Any one person) $ 5,000 A AUTOMOBILE LIABILITY 72UUNSR3808 11/07/02 11/07/03 COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS This CC1'titiCate 1S issued as a matter o (Per accident) $ information only ari confers no right upon the certificate older.This PROPERTY DAMAGE $ does not mend extend of GARAGE LIABILITY alter the coverage afT rded by thepolici AUTO ONLY-EA ACCIDENT $ ANY AUTO Mentioned. OTHER THAN AUTO ONLY - EACH ACCIDENT s AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM _ __ _ _ __ _ _ s WORKERS COMPENSATION AND X W BTATU- OTH- EMPLOYERS'LIABILITY TRY LIMITS ER B 046.0011589-02 04101102 04/01/03 EL EACH ACCIDENT $ 1,000,000 THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ 1,000,000 PARTNERS/EXECUTIVE OFFICERS ARE: X EXCL EL DISEASE EA EMPLOYEE $ 1,000,000 OTHER DESCRIPTION OF OpEPATIONS/40CATIONSIVEHICLES/SPPECIAL ITEMS, ertl Licate O of Is named as adtlltlona Insured but only in respect to liability arising out of our named insureds landscape operations per contract. Project: Ramon Frontage Landscape & Signage, CP01-03, A4359 A if notice of cancellation a lies for non-payment. CERTIFICATE HOLDER CANCELLATION.,',', SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Palm Springs, Office of The City Clark EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Patricia A. Sanders W DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 3200 Tahquilz Canyon Way BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Palm Spdngs CA 92262 OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTA Sal Sandoval ACORN 25-S (195) - P ; U504 0 '"ACORD'CORPORATION 1968