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HomeMy WebLinkAbout04240 - DOUG WALL AIRPORT RESTROOM REMODEL MO 6647 Doug Wall Construction, Inc. pppp" . • Airport Restroom Remodel AGREEMENT #4240 Af066471 7-5-00 AGREEMENT THIS AGREEMENT made this day of in the year 2000, by and between The City of Palm Springs, California, a Charter City, organized and existing in the County of Riverside, under and by virtue of the State of California, hereinafter designated as the City, and Dog Wall hereinafter designated as the CONTRACTOR. The City and the CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -THE WORK The CONTRACTOR shall complete the Work a specified or indicated under the Bid Schedule(s) of the City's Contract Documents entitled: MAIN TERMINAL RESTROOM REMODEL PALM SPRINGS INTERNATIONAL AIRPORT CITY PROJECT No. 00-11 The Work is generally described as follows: Complete renovation of the Mens and Womens Restroom facilities in the Lobby of the Main Terminal as set forth in the Contract Documents for City Project No. 00-11, dated June 1, 2000. ARTICLE 2-COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall be commenced on the date specified in the Notice to Proceed by the City and the Work shall be fully completed within 45 calendar days. The City and the Contractor recognize that time is of the essence of this Agreement and that the City will suffer considerable financial loss if the Work is not completed within the time specified in said Notice to Proceed, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The damages suffered by the City would be extremely difficult or impractical to determine in the event of a breach by the CONTRACTOR. Accordingly, the City and Contractor agree that the Contractor shall pay the sum of$500 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 hereunder in accordance with the Contract Documents in current funds the Contract Price(s) named in the Contractor's Bid and accepted Bid Schedule. ARTICLE 4-THE CONTRACT DOCUMENTS The Contract Documents consist of: Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations,the accepted Bid and Bid Schedule,the Schedule of Values for lump sum Item No. 1, a copy of the Purchase Order for the assigned contract, Bidders General Information, Bid Security or Bid Bond, Affirmative Action Program, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Notice of Award, Notice to Proceed, Notice of Completion, General Conditions of the Contract, Supplementary General Conditions of the Contract,all Exhibits,the Standard Specifications Parts 2 and 3, the Special Provisions to the Standard Specifications,the Technical Specifications, Drawings listed in the Schedule of Drawings in the Supplementary General Conditions or in the Index on the Cover Sheet of the Drawings, Addenda numbers 1 to 1 inclusive, and all Change Orders, and Work Directive Changes which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. PI Dr PALM SPRINGS INTERNATIONAL AIRPORT AGREEMENT PAGE 1 MAIN TERMINAL RESTROOM REMODEL s t • • ARTICLE 5 -PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with the Provisions of the General Conditions and the Supplementary General Conditions of the Contract. Applications for Payment will be processed by the Architect or the City as provided in the General Conditions. ARTICLE 6-NOTICES Whenever any provision of the Contract Documents requires the giving of 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 are defined in Article 1 of the General Conditions and Supplementary General Conditions will have the meanings indicated in said General Conditions and Supplementary General Conditions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party 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 written above. ATTEST: � ZPALM-SPRINGS, CALIFORNIA By � � ' , By City Clerk City Vanager APPROVED,S TO FORM Date By 1r�1' APPROVED BY THE CITY COUNCIL: City Attorney Date Minute Order No. 6647 Date 7-5-00 Agreement No. 4240 CONTENTS APPROVED: CONTRACTOR: By Q\�Ud - Director of Aviation B Date Signature GeC GU"2 TitleL��S/ Title Date Notarized PALM SPRINGS INTERNATIONAL AIRPORT AGREEMENT MAIN TERMINAL RESTROOM REMODEL PAGE 2 CONTRACTOR: , (Check one:_individual,_partnership, a' corporation) By c signature (NOTARIZED) Print Name and Title: By f] C I signature Jy (NOTARIZED) Print Name and Title: Y1t)&1)kI45 �)/��L Jed �� ✓ l/L > Mailing Address: Date (Corporations require two signatures; one from each of the following groups: A. Chairman of Board, President, or any Vice President;AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer, or Chief Financial Officer). End of Signatures PALM SPRINGS INTERNATIONAL AIRPORT AGREEMENT FORM MAIN TERMINAL RESTROOM REMODEL PAGE 3 Executed in quadruplicate original PERFORMANCE BOND Bond No. 68465 Premium: $3,591.00 KNOW ALL MEN BY THESE PRESENTS, That Doug Wall GQnstructiQn. Inc. as Contractor, And American Contractors 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: One Hundred Forty—Nine Thousand Six Hnnd Yad Thi rtv—Two F nn/l OQullars, 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: MAIN TERMINAL RESTROOM REMODEL PALM SPRINGS INTERNATIONAL AIRPORT CITY PROJECT NO.00-11 NOW THEREFORE,if said Contractor shall perform all the requirements of said Contract Documents required to be performed on its part, at the times and in the manner specified herein,then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the Work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the 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 26th day of July , 2000. CONTRACTOR: SURETY: American Contractors Indemnity Company (Cheyk one: individual, _partnership, f6"corporation) a f/• '�� f /"� I ;7 By JJnelle V�, By Title L. Miller, Attorney—in--Fact �;: Jspnatu (SEAL AND NOTARIAL ACKNOWLEDGMENT OF (NOTARIZED)~ SURETY) Print Name and Title: 40t,aG /J�'�Ld v B sift"f/a (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). PALM SPRINGS INTERNATIONAL AIRPORT PERFORMANCE BOND MAIN TERMINAL RESTROOM REMODEL PAGE 1 American Contractors Indemnity Company Los Angeles, California POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation (the"Company"),and having its principal office in Los Angeles, California does hereby constitute and appoint: Janelle L. Miller as its We and lawful Altorney(s)-in-fact, in amount of$ 1,500,000.00 to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise,and the execution of such instruirent(s)in pursuance of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This rower of Attorney is executed,and may be certified to and may be revoked,pursuant to and by authority of resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY,at a meeting called and held on the 6th day of December, 1990. RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority. 1,To appoint Attorney(s)-i n-fac t and to authorize them to execute on behalf of the Company, and attach the Seal of[he Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, 2.To remove, at any time, any such Attorney-in-fact and revoke the authority given. RESOLVED FURTHER, that the signature of such officers and the seal-of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate hearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the.Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer this 10th day of March 1 2000 e AMERICAN CONTRACTORS I DEM ITY MPANY /J? /%By: / zil Andy Faust, President STAIEOFCALIFORNIA COUNTY 01,LOS ANGELES On March 10, 2000 : before me, Deborah Reese personally appeared Andy Faust personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person,or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. DEBORAH REESE CoCommission iP 1205450 z NolcvyPublic—California f Los Angeles County _ _. ... yl l/V( `fit— v l t �.p�� M1'Canm. rs Jan 16,3T,13 CERTIFICATION I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that same are correct transcripts thereof and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF,I have hereunto set my hand this 26th day of Julyj 2000 _ rl - 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of San Bernardino 'I Jul 26 2000 G. C. Marin On Y before me, Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") I personally appeared Janelle L. Miller , Names)of Slgnerd) I R1 personally known to me ❑ proved to me on the basis of satisfactory evidence I to be the person(s) whose name(s) is/are ;. I- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized c•,.rr,,.eh.e capacity(ies), and that by his/her/their �I G.C.MARIN signature(s) on the i st�r men the person(s), or Commission f11164994 z the entity upon by "f df which the person(s) / ?;'.:( NotaryPublic-California $ MyBernardino County acted, executed h 1 rument. ,) San T V `Comm.E>;Wes Dec 11,2001 r v� Corn WITNESS my h nd d official seal. I, _ 1 Place Notary Seal Above 81 nan of rn'� Public OPTIONAL Though the information below is not required bylaw,it may prove valuable topers s relying on the document and could prevent fraudulent removal and reattachment of this form top ether document. Description of Attached Document 1, / r Title or Type of Document: I- Document Date: Number of Pages: I Signer(s) Other Than Named Above: r; ) Capacity(ies) Claimed by Signer Signer's Name: _ ( E:I Individual t; Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General I IN Attorney in Fact I' ❑ Trustee %) ❑ Guardian or Conservator ❑ Other: I Signer Is Representing: I I �s_ — .-. ='—'= _ � _ _ ._ _^?�`C6`�(�'"�H'EV`zz�c�c,�`-0 _'�s_•C-�'..�4'�4_'�.v'�4`C.'.ks'L��v�C-�E�L�v�c�v_�v'�-u'�-.`.�C.__ _a ©1997 National Notary Association•9350 De Soto Ave,P.O Box 2402•Chatsworth,CA 91313-2402 Prod No.5907 Reorder Call Toll-Free 1.000-676-6627 0 Executed in Quadruplicate Original PAYMENT BOND Bond No. 68465 Premium: n/a KNOW ALL MEN BY THESE PRESENTS. That American Contractors Indemnity Company as Surety, are held finely 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: ----------------------------------------------------------------------------------- One Hundred Forty-Nine Thousand Six Hundred Thirty-Two & 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 specified or indicated in the Contract Documents entitled: MAIN TERMINAL RESTROOM REMODEL PALM SPRINGS INTERNATIONAL AIRPORT CITY PROJECT NO. 00-11 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 it subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to 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, provender, equipment or other supplies, appliances or power used in, upon, for or about performance of the work contracted to be executed or performed, or any person 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 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 26th day of� July 2000. COntraCtor ��` ��0�(f' C� pd Si/Y��e✓n� "C Surety American Contracto�r7s� Indemnity Company By ��.1 �.� � By Title llk,sI m -L) TitIE Janelle L. Miller, Attorney-in-Fact Notarized (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) PALM SPRINGS INTERNATIONAL AIRPORT PAYMENT BOND MAIN TERMINAL RESTROOM REMODEL PAGE 1 American Contractors Indemnity Company Los Angeles, California POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation (tile"Company"),and having its principal office in Los Angeles, California does hereby constitute and appoint: Janelle L. Miller as its true and lawful Attorneys)-in-fact, in amount of$ 1,500,000.00 to execute, seal and deliver for and on its behalf as surety, any and all bands and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise,and the execution of such instruments)in pursuance of these presents,shall be as binding upon the said AMERICAN CONTRACTORS INDECr1NITY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed,and may be certified to and may be revoked,pursuant to and by authority of resolutions adopted by die Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY,at a meeting called and held on die 601 day of December, 1990. RESOLVED that lire Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and aulhorily. 1.To appoint Attorney(s)-in-fact and to authorize them to execute on behalf of the Company, and attach the Seal of die Company thereto, bonds and undertakings,contracts of indeninity and other writings obligatory in the nature thereof and, 2.To remove, at any time,any such Attorney-in-tact and revoke the authority given. RESOLVED FURTIIER, that the signature of such officers and the seal'of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shadl be valid and binding upon the Company in the futmc with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer this 10 tlr day of March 2000 [TOpf/yo AIv1ERICAN CONTRACTORS I DEM ITY MPANY 3 inloavoznlEo z By: / SEPT.26,1990 ^ Andy Faust, President 0 STATE OF CALIFORNIA gf� lpp' COUNTY OF LOS ANGELES On March l0, 2000 : before me, Deborab Reese , personally appeared Andy Faust personally known to me to be the person whose name is subscribed to the within instrument and acknowledged in me that he executed die same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which die person acted, executed lire instrument. WITNESS my hand and official seal. DEBORNI REESE Commission iE 1205,M z -�; Nolory Public—Calitomio f Los Angeles County._ .. .. fviy Cc,nm.tors Jon 16,a7U3 CERTIFICATION I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and die copy of the resolution adopted by the Board of Directors of said Company as set forth in said Power of Attorney, with the ORIGINALS ON PILE IN THE HOME Oh'TCE OF SAID COMPANY, and that same are correct transcripts thereof and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WIIERGOF,I have hereunto set my hand this 26th day ofJu17 2000 4 3 C'/Tr, VL--7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. � County of Ban Bernardino ) On July 26, 2000 , before me, G. C. Marin Date Name and Title of Officer(o.g,"Jane Doe,Notary Public') personally appeared Janelle L. Miller Name(s)of Signer(s) �) X] personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized _ capacity(ies), and that by his/her/their q&WC0MM.E)P1rWDec: c^MARIN signature(s) on the strument the person(s), orCommission# 7764994 the entity uponbe ) which the person(s) NotaryPublfc-Callfomiaacted, executed t strument.Son BernorrAno Counttl,aool y WITNESS MY an and official seal. . Place Notary Seal Above S net of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuabl to pegs ns relying on the document and could prevent fraudulent removal and reattachment of this orm t�a other document. Description of Attached Document Title or Type of Document: I, Document Date: Number of Pages: l Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb hale ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General [N Attorney in Fact ❑ Trustee ❑ Guardian or Conservator I; ❑ Other: Signer Is Representing: ,, _ '-��'�`•v^�G_-zcc>?�-cL'z .�ECSCz'�c`3�.._"�e_e���;:ce^�,ci- - ���. — — — — -�_ � - .- .- �. 01997 National Notary Association•9350 De Soto Ave,PO Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-576-6827 CONTRACTOR: / (Check one:_individual,_ IVpartnership, corporation) By signature (NOTARIZED) Print Name and Title: By 1 rr ,, 'l 7 ii _ 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: American Contractors Indemnity Company By Qal'44ealz Title Sanelle L. Miller, Attorney-in-Fact (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) PALM SPRINGS INTERNATIONAL AIRPORT PAYMENT BOND MAIN TERMINAL RESTROOM REMODEL PAGE 2 American Contractors Indemnify Company Los Angeles, California POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation (the"Company"), and having its principal office in Los Angeles, California does hereby constitute and appoint: Janelle L. Miller as its true and lawful Attorney(s)-in-fact, in amount of$ 1,500,000-00 to execute,seal and deliver for and on its behalf as surety, any and all bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise,and the execution of such hest-o nnent(s)it,pursumlce of these presents,shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed,and may be certified to and may be revoked,pursuant to and by authority of resolutions adopted by die Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY,at a meeting called and held on tie 6th day of December, 1990. RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority. 1.To appoint Attorney(s)-in-fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings,contracts of indenmity and other writings obligatory in the nature thereof and, 2.To remove,at any time,any such Allorney4n-fact and revoke the authority given. RESOLVED FURTHER, that the signature of such officers and the seal'of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and;wy such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the.Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed land its corporate seal to be affixed its authorized officer this I0 th by day of March e 000 AMERICAN CONPRACTT�� DEM ITY�SbMPANY By: Andy Faust, President STATE OF CALIFORNIA COUNTY OF LOS ANGELES On March 10, 2000 : before me, Deborah Reese personally appeared Andy Faust personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to the that he executed the saute in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which tie person acted, executed the instrument. , WITNESS my hand and official seal. DEww o REESE Commission it 120.,450 z ro NolcvyPublic—California £ n ,,{{��//�� __ ,�/r Los Angeles C'ounty.. �.K U�( `�L- ci�L�t✓.1'� My Cornm. aJan 16,�7C73 .. ... CERTIFICATION I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and die copy of the resolution adopted by the Board of Directors of said Company as set forth in said Power of Attorney,with the ORIGINALS ON FILE IN THLS HOME OFFICE OF SAID COMPANY, and that same are correct transcripts thereof and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF,I have hereunto set my hand this 26th _ day of July 2000 ig2NJ12A— a- 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I f State of California ss. County of San Bernardino I On July 26, 2000 , before me, G. C. Marin Data Nacre and Title of Dilator(e.g.,"Jane Doe,Notary Public") personally appeared Janelle L. Miller l Nams(s)ol Stgner(s) l KI personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized '' ti•„,;_ ,,_.,,-;_ ,_ capacity(ies), and that by his/her/their G.C.naRlr signature(s) on the inLI n(s), or Commission 7164994 a the entity upon be arson(s) iQoiary Public-Caliicmia z son Semordino county " acted, executed Y iIll C ,y omm �p'ses DecT7, C) . WITNESS m ha d a l l Place Notary Seal Above Sign ture of Dry Public h I OPTIONAL I, Though the information below is not required by law, it may prove valuable fo pe song on the document i L' and could prevent fraudulent removal and reattachment of this,.rrm t6 another document. ,f 1 Description of Attached Document Title or Type of Document: l I t Document Date: _ _ Number of Pages: (- 1 Signer(s) Other Than Named Above: I Capacity(ies) Claimed by Signer Signer's Name: 'I i ❑ Individual1 Tap of thumb here 1, ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General ;l P9 Attorney in Fact ❑ Trustee 'I ❑ Guardian or Conservator ❑ Other: r� Signer Is Representing: h 01997 National Notary Assorand[on•9360 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free i-6L,376-6627 BID BID TO: CITY OF PALM SPRINGS, CALIFORNIA The undersigned Bidder proposes and agrees, 'rf this Bid is accepted, to enter into 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 specked or indicated in said Contract Documents entitled: MAIN TERMINAL RESTROOM REMODEL PALM SPRINGS INTERNATIONAL AIRPORT CITY PROJECT NO.00-11 Bidder accepts all of the terms and conditions of the Contract Documents,including without limitation those in the Notice Inviting Bids and 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 Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents including the following Addenda(receipt of which is hereby acknowledged): Number Date �P -� L�-00 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 current statutory requirements of California Labor Code Section 1860, et seq., the undersigned confirm 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,Purchase Order for Assigned Contract,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). ,,.yL �. Dated: l2-��-b ci Bidder:Dc>111�'yl�cell Lr`)n�_I,,,,'ruc.-h6n . lnc . B . 77 ' 1, Title: Cre-(�1 c- rI PALM SPRING INTERNATIONAL AIRPORT BID DOCUMENTS MAIN TERMINAL RESTROOM REMODEL PAGE 1 BID SCHEDULE A Lump Sum Price for Construction of MAIN TERMINAL RESTROOM REMODEL PALM SPRINGS INTERNATIONAL AIRPORT PROJECT NO. 00-11 In Palm Springs, California The work of this Contract comprises the complete renovation of two existing restrooms in the main lobby of the Palm Springs International Airport including, but not necessarily limited to: minor demolition of walls and ceilings, new lavatory countertops, replacement of toilet partitions, new ceramic tile, replacement of plumbing fixtures along with minor plumbing and electrical work, new light fixtures and other various work. Item TOTAL BASIC BID PRICE For the lump sum of (Price in figures) �'r-lFT ' nleC> (Price in words) FOR THE WORK DESCRIBED IN ALTERNATE NO. 1 (Urinal revision and urinal screens addition described in Specification Section 01030-Alternates) additive to the above Total Basic Bid P rice: The lump sum of (Price in figures) T11' Izz '`,�Invulli 'Soft' 1111411aeQ) �Icp&m- (Price in words) FOR THE WORK DESCRIBED IN ALTERNATE NO. 2 (Remove existing tile and install new tile in full mortar bed as described in Specification Section 01030-Altemates) additive to the above Total Basic Bid Price: The lump sum of (Price in figures) 1*a 7-�rd>a Jl J�a r�/,l, okr-l) (Price in words) PALM SPRINGS INTERNATIONAL AIRPORT BID DOCUMENTS MAIN TERMINAL RESTROOM REMODEL PAGE 2 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 . L.��f ;� i-'i r rt 1 LA 4�' ao��� �_ t'r�r��.e lde_ � - cle eta, i:c1 ���Yn 51�V`i h lsf r� Cl',4:QCaLA z. ?1t;kM)0i 0�1 DB ; 7 b rt-m1- Tye sc3 St- Chcu-IrtS Pirtc�- 1'G_0vra C)-eSer4- CA c'f�?_,241 3. ���� ACC, La-yr 1d°,3'-1 I-1y�PW IS1 Rrit�,rac JA' IrCI_c1e ('A CIDJ 4. eV'&VYNLC 4 tl Ll i,05i-t 0 Ll 3Lt a C) S 1-a.l L- Pea 0 M Yans�� L I.A all 5.26t A- iY�(L, 1 �1 f�5'cLd� �_ 1Cc�f7rst=+ - 5'sl9 "I'1 jZerl �'�tla 1,�- 4 Y1 rl`t r� C R tl'�aC i 6J_W'e Spv-inOCti'S R '_S 1h �' t'=iYC i Li d lzjz�i ('o i' �Yli d t Si' RAncrcL , ('_;�L�1 f=4 CVILiGa. 7. R1ICVOV-< tt4 LU) ykt ruc 0 Iu tn-r�_r Lc-ve- I- j-Cz Ol_tl()to ( A q- S.,i cccs an ardl are %�'R 'fhi'Ltsrinc`1 t'rtQ raa� (' � fl , a'4ip PALM SPRINGS INTERNATIONAL AIRPORT BID DOCUMENTS MAIN TERMINAL RESTROOM REMODEL PAGE 3 s 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 9r('S O a,r'%+ _ of I�uc 1 ,ckV1 1 rIC. =the party making the foregoing bid that the bid is not made in'the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Bidder h1';Lf ' wCC N � -S-VVIVCh ' . I Anc. By Title {b'C'_SiC�4�t1�� Organization Ci rXDaT CRh 7r� Address' &qirn11AR PALM SPRINGS INTERNATIONAL AIRPORT BID DOCUMENTS MAIN TERMINAL RESTROOM REMODEL PAGE 4 0 • 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: G cAt LA Dunes u C A 2. CONTRACTOR'S Telephone Number: ( IW) �I`l� - crt�L41a Facsimile Number: -I^ CA401 3. CONTRACTOR'S License: Primary Classification State License Number(s) -1LI `2�11 'D Supplemental License Classifications 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety �-Arn x i ca ra l ncAeY nO-L l (LILIPLLW GiJ�iX tl . � 7 Address )Lr _ Dnp L 12De naL-Akno CA Surety Company Telephone Numbers: Agent (-IUD )`17'3 - Q55 Surety ( OO ) `�1U -- Sio°tcl 5. Type of Firm (Individual, Partnership or Corporation): 6. Corporation organized under the laws of the State of: lry L1,\ rstJ1 V �da�. 7. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm: C'j4 Llke-H 1 &' , Mu'(cx iD _ne'� C',A- -i6'1scl av,e_Lu '& nysu is ourws CA PALM SPRINGS INTERNATIONAL AIRPORT BID DOCUMENTS MAIN TERMINAL RESTROOM REMODEL PAGES • • BIDDER'S GENERAL INFORMATION (Continued) 8. Number of years experience as a contractor in this specific type of construction work: 9. List at least three related projects completed to date: E� 1)Uu,-P_-I- a. Owner i1ec [CLL1 ( emuT fp' Address 9-i00 , & @� oC l Contact1Jc)n Cif W�000;C Class of Work (� Phone 'IQU-Vl�_q 1,5;, Contract Amount 1, C)G'6 0(D ProjectS,0( en j EYj2ca reSi pn Date Completed Ln Cf Q:, n G� Contact Person Telephone number b. OwnerN)s�(t Car&i—l©QUI Address'°A-OCC) FavC'- 'It' U Contact h)- ar Class of Work Q v Phone`1UO Contract Amount 1, lo(J01,C)00 Project Date Completed t-kn-c*i is-10``3 Contact Person Telephone number C. Owner 0 t:tNhc'c C6_1 Q' 5 Address Contact&buoc\%n N° ,'Cr) Class of Work `I Phone Contract Amount s?5, noc) Project C1a f, Uny _C_r Date Completed h&rd-r lelll'i Contact Person Telephone number 10. List the name and title of the person who will supervise full-time the proposed work for your firm: 11. Is full-time supervisor an employee '✓� 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. PALM SPRINGS INTERNATIONAL AIRPORT BID DOCUMENTS MAIN TERMINAL RESTROOM REMODEL PAGE 7 ADDENDUM NO. 1 to SPECIFICATIONS & DRAWINGS for the MAIN TERMINAL RESTROOM REMODEL PALM SPRINGS INTERNATIONAL AIRPORT PALM SPRINGS, CALIFORNIA CITY PROJECT NO. 00-11 Qp6e0000ecoaooaeoa NO,o-raso °v nose R L�F��d`� o R. rueblood Architect JUNE 14, 2000 Page 1 of 2 ADDENDUM NO. 1 This Addendum is issued under provisions of the Contract Documents. Bidder shall include in his Bid the cost of all amended requirements indicated herein. 1. Specifications, Bid Documents, Bid Schedule A: Insert, and use in the Bid proposal, the attached revised Bid Schedule A which has been revised to include Alternate No. 2. 2. Specifications, Section 01030, Alternates: Delete the originally issued Alternates Section 01030 and replace with the attached Section. 3. Drawing A-2, Floor Plan: Add note entitled "Alternate Bid No. 2: At those wall and floor areas indicated to receive ceramic and porcelain, wall and floor tile thin-set over existing tile provide, after demolition of the existing tile, a full "tile on setting bed installation" in lieu thereof." 4. Drawing A-2, Floor Plan & Specification Section 09300 Ceramic Tile: The "Porcelain Tile" noted in the entries to each of the Toilet Rooms is to be "Ambience" style manufactured by 'Floor Gres', color to be "Rosato- 011965", 18" x 18" (Rep: Architectural Products Group. 5. Drawing A-4, Reflected Ceiling Plan: In those areas where the existing 9'-0' high ceiling is to remain, rather than patching in the many locations where items are removed or relocated, install one layer of/" gypsum board over the existing ceiling as the final finish. 6. Drawing A-5, Plumbing Plan: Add the following note: "Secure Fire Marshal approval of the fire sprinkler layout plan and submit copy of plan with Fire Marshal's approval stamp to the Architect." 7. Drawing A-5, Plumbing Plan: Add the following note: "Adjust the existing floor drain and clean-out covers to coordinate with new tile floor level." 8. Reference: Drawing A-5, Electrical Plan: In each of the Men's and Women's Toilet Rooms add a combination audible alarm/strobe light similar to those alarms installed in existing toilet rooms. In the Women's Toilet locate the alarm above the existing sanitary napkin dispenser. In the Men's Toilet locate the alarm on the wall of the handicapped toilet stall, approximately 2' outside the toilet partition. Mount alarms at 8'-0" high. Connect these alarms to the Airport Fire Alarm System. 9. Reference: Drawing A-5, Electrical Plan: In each of the Men's and Women's Toilet Rooms there is an existing PA speaker approximately in the center of the rooms. Remove these existing speakers and replace with a Bose Model 102 flush mount speaker assembly with 70-volt line transformer and Bose 102G grille. Each speaker assembly encompasses a 4 '/z inch helical voice coil driver in a dual ported enclosure. Set speakers at 70 volts, 8-watts. Provide Soundelier 95-8-7 enclosure. Connect these speakers to the Airport Paging System. Page 2 of 2 BID SCHEDULE A Lump Sum Price for Construction of MAIN TERMINAL RESTROOM REMODEL PALM SPRINGS INTERNATIONAL AIRPORT PROJECT NO. 00-11 In Palm Springs, California The work of this Contract comprises the complete renovation of two existing restrooms in the main lobby of the Palm Springs International Airport including, but not necessarily limited to: minor demolition of walls and ceilings, new lavatory countertops, replacement of toilet partitions, new ceramic tile, replacement of plumbing fixtures along with minor plumbing and electrical work, new light fixtures and other various work. Item TOTAL BASIC BID PRICE For the lump sum of (Price in figures) (Price in words) FOR THE WORK DESCRIBED IN ALTERNATE NO. 1 (Urinal revision and urinal screens addition described in Specification Section 01030-Alternates) additive to the above Total Basic Bid P rice: The lump sum of (Price in figures) (Price in words) FOR THE WORK DESCRIBED IN ALTERNATE NO. 2 (Remove existing tile and install new tile in full mortar bed as described in Specification Section 01030 -Alternates) additive to the above Total Basic Bid Price: The lump sum of (Price in figures) (Price in words) PALM SPRINGS INTERNATIONAL AIRPORT BID DOCUMENTS MAIN TERMINAL RESTROOM REMODEL PAGE 2 ALTERNATES SECTION 01030 1.01 GENERAL A. This section describes the changes to be made under each alternate proposal requested. The Bid form includes sections where the Contractor's price proposal for each of the following alternates must be entered. B. Specific specification sections contain the pertinent requirements for materials and methods to achieve the work described. Contractor must coordinate related work and modify surrounding work, as required, to incorporate or remove each of the following described changes. 1.02 ALTERNATE NO. 1 - URINAL REVISION A. As described in these Specifications and on the Drawings revise the urinal configuration from that shown in the basic work to that shown under the designation, Alternate No. 1. In, general, the revision includes the following: 1. In lieu of providing the urinal type and arrangement as shown on the basic construction provide the alternate urinal type and install them on different centers than shown on the original. This involves revising the plumbing utility connection to each of the urinals. 2. Between each of the urinals in this alternate arrangement provide a urinal screen as described in Section 10160. 3. Refer specifically to the Plumbing Plan on Drawing A 5 and the Floor Plan on Drawing A 2. 1.02 ALTERNATE NO. 2 - CERAMIC TILE REVISION A. Wherein these Specifications and Drawings it is stipulated that ceramic wall and floor tile, and porcelain floor tile are indicated to be installed thinset over existing tile revise that method of installation as follows: 1. At the above designated areas demolish the existing wall and floor tile to include all tile surfacing, all unsound and unusable existing setting beds behind existing tile and all reinforcing and other appurtenances not useable for the reconstruction of a new tile setting bed. 2. Repair and recreate setting beds necessary for the new tile installation as specified in Section 09300. 3. Proceed to install the newly specified ceramic and porcelain tile on the reconstructed mortar beds. END OF SECTION PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 01030-1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I,fS�' �C��„^��,�2'9>c�','�,^.�1'.c(`rY`^CO�C'�-2�"c�"-^:rcC ^C:c.Y'-•:'^�"rt`2'9;rC��,"�,C�",GC%M% `=l',G'C'G,3' ",.,^.C(',C('2l`�-.-".c-.,C`TC'-'v State of California County of iqE ss. h On /'� 60 before me, ( i�d3hZJ - ��U�b7((k a� j����a7il l�L�!dy(C � Date / game d TlHe of Off e.,(e g, Jafte Doe,Notary Publl fi personally appeared Name(.)of Signers) I� \dpersonally known to me 3 ❑ proved to me on the basis of satisfactory evidenceI to be the person(s) whose name(s) is/are ' subscribed to the within instrument and I � CRIRISPfATOWNLEY acknowledged to me that he/she/they executed i Commission#1206603 z the same in his/her/their authorized I nl(i Notary Public-Caiifamia > capacity(ies), and that by his/her/their I Riverside County signature(s) on the instrument the person(s), or 'I 1vfq comm.FxpresJm17.7DD3 the entity upon behalf of which the person(s) I acted, executed the instrument. I �WIT ESS my hand a d official seal. �.�,1! t�- Place Notary Seal Above Signature of Notary Public 1 OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document' ,I Document Date. Number of Pages: I Signer(s) Other Than Named Above: I I Ca acit p y(ies) Claimed by Signer Signer's Name: ❑ Individual I�I ❑ Corporate Officer—Title(s): Top of thumb If ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee I�I ❑ Guardian or Conservator ❑ Other: Signer Is Representing: I 01999 Nalional Notary Association•9350 De Solo Ave,PO BO2402•Chatswonh CA91313-2402•%vwwn2llonalnolaryorg Prod No 6907 ReoNer Call Toll free 1-800876-B827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California � County of l� I U .`�//J/✓ ss. On before me, f 6'I AA A Oil. � 4?GJYI 0 t �/,bhc Dale Njlme and Tllle of Officer(e g,"Jane Ijoe,Notary '> personally appeared !il9l a r� t" Named)of Sgnens) fi [04personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and31 CRISNA.TOWNLEY acknowledged to me that he/she/they executed commission i 1203603 the same i in his/her/their authorized z Notary PubQc-CaGfornfa £ avmydle Couriy capacity(ies), and that by his/her/theirI MYCamrrLI3 kwJm17,2I0[i y signature(s) on the instrument the person(s), or �y the entity upon behalf of which the person(s) �I acted, executed the instrument. fiWITJJESS my hand/and official seal. Place Notary Seal Above Signature of Notary Public /T t OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. fi Description of Attached Document Title or Type of Document: I� Document Date: Number of Pages: Signer(s) Other Than Named Above: )i Capacity(ies) Claimed by Signer Signer's Name: I ❑ Individual ElCorporate Officer—Title(s). Top of thumb here ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ TrusteeI ❑ Guardian or Conservator ❑ Other. Signer Is Representing: , ©1999 National Notary Associations9350 De Solo Ave.,PO Box 2402•Choloosuh,CA 913132402•woci-skoalnotary org Prod No 5907 Reorder Call Toll-Free 1-800-376.6327 CITY OF PALM SPRINGS SPECIFICATIONS FOR MAIN TERMINAL RESTROOM REMODEL PALM SPRINGS INTERNATIONAL AIRPORT PALM SPRINGS, CALIFORNIA CITY PROJECT NO. 00-11 JUNE 2000 The Specifications contained herein have been prepared by or under the direction of the following Licensed Architect: Op040006000000pp ••�e0��p l-�F,7��°p°e° °O 0 Gt07i. m�� Qom J oblood, Architect °°°°�� 4��••�� cense C-7850 °e°p0o®PC000000 ��94aop0o Approved by: C � 1,f dfl Jeri Riddle Direc}'or of Aviation Palm Springs International Airport. CITY OF PALM SPRINGS PROJECT MANUAL TABLE OF CONTENTS PART I - BIDDING AND AGREEMENT FORMS AND BONDS Notice Inviting Bids Instruction to Bidders Bid Documents Bid (Proposal) Bid Schedule List of Subcontractors Non-collusion Affidavit Bid Bond (Bid Security Form) Bidder's General Information Agreement and Bonds Agreement Form Worker's Compensation Certificate . Performance Bond Payment Bond Certificate of Insurance Notice of Completion PART II - CONDITIONS OF THE CONTRACT General Conditions of the Contract Supplementary General Conditions PART III - TECHNICAL SPECIFICATIONS Division 1 - General Requirements Section 01010 Summary of Work Section 01030 Alternates Section 01045 Cutting & Patching Section 01095 Reference Standards & Definitions Section 01200 Project Meetings Section 01300 Submittals Section 01400 Quality Control Section 01500 Temporary Facilities Section 01540 Protection of Existing Facilities Section 01550 Site Access & Parking Section 01700 Contract Closeout PALM SPRINGS INTERNATIONAL AIRPORT TABLE OF CONTENTS MAIN TERMINAL RESTROOM REMODEL PAGE 1 • • Division 2 Section 02070 Selective Demolition Division 6 Section 06400 Architectural Millwork Division 7 Section 07900 Joint Sealants Division 8 Section 08100 Steel Doors & Frames Section 08305 Access Doors Section 08700 Finish Hardware Division 9 Section 09220 Lath & Portland Cement Plaster Section 09260 Gypsum Board Systems Section 09300 Ceramic Tile Section 09900 Painting Division 10 . Section 10160 Toilet Partitions Division 15 Section 15440 Plumbing Fixtures Division 16 Section 16060 Electrical Demolition Section 16500 Light Fixtures PALM SPRINGS INTERNATIONAL AIRPORT TABLE OF CONTENTS MAIN TERMINAL RESTROOM REMODEL PAGE 2 CITY OF PALM SPRINGS PROJECT MANUAL PART I - BIDDING AND AGREEMENT FORMS AND BONDS Notice Inviting Bids Instructions to Bidders Bid Documents Bid (Proposal) Bid Schedule List of Subcontractors Non-collusion Affidavit Bid Bond (Bid Security Form) Bidder's General Information • Agreement and Bonds Agreement Form Worker's Compensation Certificate Performance Bond Payment Bond Certificate of Insurance Notice of Completion • PALM SPRINGS INTERNATIONAL AIRPORT BIDDING AND AGREEMENT FORMS AND BONDS MAIN TERMINAL RESTROOM REMODEL PART I 0 CITY OF PALM SPRINGS, CALIFORNIA NOTICE INVITING BIDS PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL City Project 00-11 N-1 NOTICE IS HEREBY GIVEN that sealed bids for the Palm Springs International Airport Main Terminal Restroom Remodel will be received at the office of the Procurement Manager at the City of Palm Springs, California, until 4:00 P.M. Tuesday, June 20, 2000, at which time they will be opened and read aloud. N-2 DESCRIPTION OF THE WORK. The Work comprises renovation of two existing restrooms in the main lobby of the Palm Springs International Airport (Main Terminal) including but not necessarily limited to, partitions, new ceramic tile, new toilet partitions, new plumbing fixtures, miscellaneous plumbing work, new electrical light fixtures, and various other work. N-3 AWARD OF CONTRACT. (a) The City reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a bid, or to make award to the lowest responsive, responsible bidder 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 (10%) 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 B Contractor's License at the time of submitting bids. N-7 PREVAILING WAGE RATE NOT APPLICABLE. Funding for the Work is with all local funds and, as provided under City Charter, will NOT require compliance with the prevailing wage requirements of the State of California. N-8 RETAINING FROM PAYMENTS. The Contractor may elect to receive 100 percent of payment 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. • PALM SPRINGS INTERNATIONAL AIRPORT NOTICE INVITING BIDS MAIN TERMINAL RESTROOM REMODEL PAGE 1 0 N-9 PRE-BID VISIT TO WORK SITE. Prospective Bidders are advised to attend a pre-bid walk-through of the work site and existing facilities which will be conducted by at 10:00 A.M., Tuesday, June 13, 2000. Prospective Bidders should meet at the Airport Administrative Conference Room, 2°d Floor, Palm Springs International Airport, 3400 East Tahquitz Canyon Way, Palm Springs, CA 92262. N-10 OBTAINING OR INSPECTING CONTRACT DOCUMENTS. (a) Contract Documents may be inspected without charge at the office of the Building Official, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. (b) Complete sets of said Contract Documents may be purchased at $20 dollars per set and are obtainable from the office of the Building Official, 3200 East Tahqutiz 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 dollars 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 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: May 26, 2000 City of Palm Springs By: HAROLD E. GOOD, CPPO Procurement Manager PALM SPRINGS INTERNATIONAL AIRPORT NOTICE INVITING RIDS MAIN TERMINAL RESTROOM REMODEL PAGE 2 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 Conditions. 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 Supplementary General Conditions." 2. COMPETENCY OF BIDDERS - In selecting the lowest responsive, responsible Bidder, consideration will be given not only to the financial standing of the Bidder, but also to the general competency of the Bidder for the performance of 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)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. (c) The submittal of a Bid will constitute an incontrovertible representation by the Bidder that the Bidder has complied with every requirement of this Article 4; that without exception the Bid is premised upon performing the Work required by the Contract Documents and such means, methods, techniques, sequences, or procedures of construction as may be indicated in or required by the Contract Documents; and that 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. 6. 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 Supplementary General Conditions. 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. PALM SPRING INTERNATIONAL AIRPORT INSTRUCTION TO BIDDERS MAIN TERMINAL RESTROOM REMODEL PAGE 1 i • 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 and the pages shall not be removed from the bound volume. Unless otherwise provided,in the Notice Inviting Bids, in the event there is more than one Bid Schedule, the Bidder may Bid on any individual schedule or on any combination of schedules. All bid items shall be properly filled out. Where so indicated in the Bid Documents, Bid price shall be shown in words and figures, and any conflict between the words and figures, the words shall govern. The envelope enclosing the sealed bids shall be plainly marked In the upper left-hand corner with the name and address of the Bidder and shall bear the wards "BID FOR," followed by the title of the Contract Documents for the Work, the name of the "CITY OF PALM SPRINGS," the address where the bids are to be delivered or mailed to, and the date and hour of opening of bids. The Bid Security shall be enclosed in the same envelope with the Bid. 9. SUBMITTAL OF BIDS - The Bids shall be delivered by the time and to the place stipulated in the Notice Inviting Bids. It is the Bidder's sole responsibility to see that its Bid is received in proper time. Bids will not be accepted after the appointed time for opening of bids, no matter what the reason. 10. DISCREPANCIES IN BIDS - In the event that there is more than one Bid Item in the Bid Schedule, the Bidder shall furnish a price for all Bid Items in the schedule, and failure to do so will render the Bid as non-responsive and may cause its rejection. In the event that there are unit price Bid Items in a Bid Schedule and the "amount" indicated for a unit price Bid Item does not equal the product of the unit price and quantity listed, the unit price shall govern and the amount will be corrected accordingly, and the Contractor shall be bound by such correction, subject to the provisions of Section 5100 et seq. of the California Public Contract Code. In the event that there is more than one Bid Item in a Bid Schedule and the total indicated for the schedule does not agree with the sum of prices Bid on the individual items, the prices bid on the individual items shall govern and the total for the schedule will be corrected accordingly, and the Contractor shall be bound by said correction, subject to the provisions of Section 5100 et seq. of the California Public Contract Code. 11. WITHDRAWAL OF BID -The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or its properly authorized representative. Such written request must be delivered to the place stipulated in the Notice Inviting Bids prior to the scheduled closing time for receipt of Bids. 13. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS - Unauthorized conditions, limitations, or provisos attached to the Bid will render it informal and may cause its rejection as being non-responsive. The completed Bid forms shall be without interlineations, alterations, or erasures. Alternative Bids will not be considered unless expressly called for in the Contract Documents. 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 Technical Specifications for "Beginning and Completion of the Work" in Section entitled Summary of Work. 16. SUBSTITUTE OR "OR-EQUAL" ITEMS - The procedure for submittal of any application for substitute or "or-equal" items by the Contractor and consideration by the Engineer is set forth in Section entitled: "Contractor Submittals"of the Technical Specifications. 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. PALM SPRING INTERNATIONAL AIRPORT INSTRUCTION TO BIDDERS MAIN TERMINAL RESTROOM REMODEL PAGE 2 • 0 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. END OF INSTRUCTIONS TO BIDDERS- PALM SPRING INTERNATIONAL AIRPORT INSTRUCTION TO BIDDERS MAIN TERMINAL RESTROOM REMODEL PAGE 3 NOTICE OF COMPLETION City's Project No. Engineer's Project No. Project: Contractor Contract For Project or Specified Part Shall Include Contract Date The work performed under this contract has been inspected by authorized representatives of the City, contractor, and Engineer,and the Project for specified part of the Project, as Indicated above) is hereby accepted by the City and declared to be substantially completed on the above date. Completion of the Work shall be the date of such acceptance of the Work by the City, as provided under California Civil Code Section 3086. Completion shall mean substantial performance of the contract as such is defined in Black's Law Dictionary,Revised Fourth Edition,West Publishing Company. A list of all items remaining to be completed or corrected is appended hereto.All such work shall be completed or corrected to the satisfaction of the City within30_calendar days after the above Contract Date, otherwise the Contractor does hereby waive any and all claims_to all monies withheld by the City under the contract to cover the value of such uncompleted or uncorrected items. ey Engineer Authorized Representative/Date The Contractor.hereby accepts the above Notice of Completion and agrees to complete and correct all of the items on the appended listwithin calendar days or waives all rights to any monies withheld therefor. By Contractor Authorized Representative/Date The City accepts the project or specified area of the project as substantially completed and will assume full possession of the Project or specified area of the Project at (timel, on (date).The responsibility for heat, utilities, security, and insurance under the Contract Documents will be assumed by the City after that date. FOR THE CITY OF PALM SPRINGS By Authorized Representative/Date REMARKS The following or supplementary sheets listing such items remaining to be completed or corrected are hereby made a part of this document by this reference thereto PALM SPRINGS INTERNATIONAL AIRPORT NOTICE OF COMPLETION MAIN TERMINAL RESTROOM REMODEL PAGE 1 CITY OF PALM SPRINGS SPECIFICATIONS PART II - CONDITIONS OF THE CONTRACT General Conditions of the Contract Supplementary General Conditions MAIN TERMINAL RESTROOM REMODEL PALM SPRINGS INTERNATIONAL AIRPORT CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-CONTENTS 0 GENERAL CONDITIONS OF THE CONTRACT No. Article Paqe 1 Definitions 1 2 Preliminary Matters 5 3 Contract Documents: Intent, Amending, and Reuse 7 4 Availability of Lands; Subsurface and Physical Conditions; Reference Points 9 5 Bonds and Insurance 12 6 The Contractor's Responsibilities 16 7 Other Work 20 8 The City's Responsibilities 21 9 The Engineer's Status During Construction 21 10 Changes in the Work 23 11 Change of Contract Price 25 12 Change of Contract Time 29 13 Warranty and Guarantee; Tests and Inspections; Correction, Removal, or Acceptance of Defective Work 30 14 Payments to the Contractor and Completion 33 15 Suspension of the Work and Termination 39 16 Dispute Resolution 41 17 Miscellaneous 41 18 California State Requirements 42 MAIN TERMINAL RESTROOM REMODEL PALM SPRINGS INTERNATIONAL AIRPORT CONDITIONS OF THE CONTRACT GENERAL CONDITIONS-CONTENTS GENERAL CONDITIONS OF THE CONTRACT ARTICLE f -DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: Addenda - Written or graphic instruments issued prior to the opening of Bids which make changes, additions, or deletions to the Bid Documents. Agreement - The written contract between the CITY and the CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment - The form accepted by the ENGINEER which is to be used by the CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. Architect - Reference in these documents to Architect shall be deemed to mean the City Engineer of the City of Palm Springs. Asbestos-Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. Beneficial Use or Occupancy - Placing all or any portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching completion for all of the Work. Bid - The offer or proposal of the bidder submitted on the prescribed form setting forth the price or prices for the Work to be performed. Bidding Documents - The Notice Inviting Bids, Instructions to Bidders, the Bid Form and the accompanying Bid Schedules or Bid Sheets, List of Subcontractors, Non-Collusion Affidavit, Bidder's General Information, Bid Security or Bond,Affirmative Action Program, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). Bidding Requirements-The Notice Inviting Bids, Instructions to Bidders, and the Bid Form and the accompanying Bid Schedule or Bid Sheets, List of Subcontractors, Non-Collusion Affidavit, Bidder's General Information, Bid Security or Bond, Affirmative Action Program. Bonds - Bid, Performance, and Payment bonds and other security instruments which protect the CITY against financial loss due to inability or refusal of the CONTRACTOR to perform its Contract. Change Order - A document recommended by the ENGINEER which is signed by the CONTRACTOR and the CITY and authorizes an addition to, deletion from, or revision of in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. CITY - The CITY of Palm Springs, a charter city organized and existing in the County of Riverside, State of California, sometimes referred to as the CITY or the OWNER. Completion - Completion of the Work shall be the date of such acceptance of the Work by the CITY, as provided under California Civil Code Section 3086. Consultant-The ENGINEER, ARCHITECT, or ARCHITECT-ENGINEER firm and their designated representatives acting under contract to the CITY, acting on behalf of the CITY of Palm Springs as their authorized representative within the scope of authority defined in their contract with the CITY Contract Documents - Unless otherwise defined in the Agreement or Supplementary General Conditions, the Contract Documents shall comprise the Notice Inviting Bids, Instructions to Bidders,the prevailing rate of per diem MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 1 wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule, List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond, Affirmative Action Program, the Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Notice of Award, Notice to Proceed, Notice of Completion, General Conditions of the Contract, Supplementary General Conditions, Technical Specifications, Drawings, and all Addenda, Change Orders, and Work Change Directives executed pursuant to the provisions of the Contract Documents, together with all Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to Article 3.4 and paragraphs 3.4b.1 and 3.4b.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursuant to Article 6.12 and paragraphs 6.12c and the reports and drawings referred to in paragraphs 4.2a.1 and 4.2b.2 are NOT Contract Documents. Contract Price - The moneys payable by CITY to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 14.1lb in the case of Unit Price Work). Contract Times-The number of successive calendar days as stated in the Contract Documents for the completion of the Work to achieve Substantial Completion and so that it is ready for final payment as evidenced by the ENGINEER's written recommendation of final payment in accordance with Article 11 and paragraph 14.11 b. Contract Unit Price-The price quoted by the Bidder for performing or furnishing each item of work to be paid for on the basis of unit prices. CONTRACTOR-The person,firm, or corporation with whom'the CITY has entered into the Agreement. CONTRACTOR's Project Representative - CONTRACTOR'S representative for the project through whom all matters addressed to the CONTRACTOR regarding the project shall be directed. This individual and the CITY's, the ENGINEER'S, or the Consultant's Project Representative shall be the only 2 individuals who shall have the authority to provide direction/receive authorization on matters pertaining to the Project. Cost of Work-The term Cost of Work(determined as provided in Articles 11.2, 11.3 and 11.4, herein) shall mean the sum of all costs necessarily incurred and paid for by the CONTRACTOR for labor, materials, and equipment in the proper performance of the Work, plus the CONTRACTOR's fee for overhead and profit (determined as provided in Article 11.2, herein) (referred to in Caltrans Standard Specifications as"Force Account"work). Day-A calendar day of 24 hours, measured from midnight to the next midnight. Daily Work Reports - Cost isolation reports detailing all costs of extra work, disputed work, emergency work, or other work paid for on a force account basis and the cost of other operations. A record of daily costs separate and distinct from the daily costs of other work on the project for which a contract price has been established. Defective Work-An adjective, which when modifying the word Work, refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents, or that does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to the ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by CITY at the time of Substantial Completion in accordance with Article 14.7 or 14.8). Drawings/Contract Drawings -The drawings, plans, maps, profiles, diagrams, and other graphic representations which show the location, nature, extent, and scope of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are NOT Drawings or Contract Drawings as so defined. Effective Date of the Agreement - The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it shall mean the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. End of Contract - The End of the Contract shall be identified as being that day when the Work should be completed based upon the predefined contract period as indicated in the Contract Documents plus any time extensions granted by the CITY. MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 2 ENGINEER - The ENGINEER shall mean the City Engineer of the City of Palm Springs or his authorized representative. ENGINEER's Estimate - On unit-price contracts, the ENGINEER's estimate shall comprise the list of estimated quantities and prices of the individual line Items of work to be performed as contained in the Bid Schedule(s). On lump-sum projects,the ENGINEER's estimate shall mean estimated contract price of the completed project. Field Order-A written order issued by the ENGINEER which orders minor changes in the Work in accordance with Article 9.5 but which does not involve a change in the Contract Price or the Contract Times. Final Payment- Final payment shall be the last progress payment, less any specified retainage, authorized after completion and acceptance of the Work by the CITY in accordance with the provisions of California Civil Code Section 3086(c). Release of retainage cannot be made until 30 to 45 days after acceptance of the Work and recording of a Notice of Completion by the CITY. General Requirements -Sections of Division 1 of the Technical Specifications. Hazardous Waste-The term Hazardous Waste shall have the meaning provided in Section 25117 et. seq. of the California Health and Safety Code. RCRA hazardous waste shall have the meaning provided in Section 25120.2 of the California Health and Safety Code, and Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. Liquidated Damages - The dollar amount per day specified in the Agreement that the CONTRACTOR shall pay to the CITY for each and every day that the Work remains incomplete following the date_ of Completion specified in the Contract Documents.- Liens -- Mechanic's lien, stop notice, or bond right or any right against labor, services, equipment, or material furnished in connection with any project in which the claimant has bond or lien rights as defined in California Civil Code 3262. Notice of Award - The written notice by the CITY to the apparent successful bidder stating that upon compliance with the conditions precedent enumerated therein, within the time specified, the CITY will enter into an Agreement. A Notice of Award will only be issued after CITY Council Approval. Notice of Completion-The legal document filed by the CITY with the Riverside County Clerk after the project has been accepted by the CITY of Palm Springs CITY Council. This document begins the notification period when those firms or individuals who have submitted a Preliminary Notice for the project will be on notice that the project has been accepted as complete by the CITY. Notice to Proceed - A written notice issued by the CITY to the CONTRACTOR (with a copy to the ENGINEER) fixing the date on which the Contract Times will commence to run authorizing the CONTRACTOR to proceed with the Work and establishing the date of commencement of the Contract Time, and on which the CONTRACTOR shall start to perform the CONTRACTOR's obligations under the Contract Documents. OWNER - The CITY of Palm Springs, or any subdivision thereof, herein referred to as the CITY, with whom the CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. Partial Utilization - Use by the CITY of a substantially completed part of the Work for the purpose for which it is intended(or a related purpose) prior to Substantial Completion of all the Work. A written Notice of Partial Utilization will be issued to the CONTRACTOR when such occurs. RCRA Hazardous Waste -The term RCRA hazardous waste shall have the meaning provided in Section 251202 of the California Health and Safety Code. Project-The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. MAIN TERMINAL RESTROOM REMODEL _ CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 3 Project Representative - The person named in the Supplementary General Conditions as the authorized representative of the CITY, or the ENGINEER, or the Consultant who may be assigned to the site or any part thereof. All liaison between the CONTRACTOR and the CITY shall be directed through the Project Representative. Radioactive Material-Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. Resident Project Representative/Project Representative-(See Project Representative) Samples - Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. Schedule of Values - Cost value of individual Work activities comprising a lump sum contract; A breakdown of a lump sum project into unit values to serve as a basis for estimating the value of the Work completed to facilitate the making of progress payments to the CONTRACTOR. The unit values in a schedule of values are for convenience only, and are not intended for the purpose of pricing change orders. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for the CONTRACTOR and submitted by the CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams, and other information prepared by a supplier or manufacturer and submitted by the CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications - Those portions of the Contract Documents consisting of all of Part I: Notice Inviting Bids, Instructions to Bidders, Bid Forms,Agreement, bonds, and certificates; Part II: General and Supplementary General Conditions of the Contract; and Part III: Technical Specifications consisting of the written technical descriptions of materials, equipment, construction systems, methods, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. Standard Specifications - The Standard Specifications, where applicable, shall be as identified in the Supplementary General Conditions. Subcontractor - An individual, firm, or corporation having a direct contract with the CONTRACTOR or with any other Sub-contractor for the performance of a part of the Work at the site. Substantial Completion-Refers to the Work(or a specified part thereof)that has progressed to the point where, in the opinion of the ENGINEER, and as evidenced by ENGINEER's definitive recommendation to the CITY that the Work is sufficiently complete, in accordance with the Contract Documents, so that the Work(or specified part) ran be utilized for the purposes for which it is intended. The terms"Substantial Completion and"substantially complete" and "substantially completed" as applied to any Work shall mean Substantial Performance of the Contract, hereunder, as defined in Black's Law Dictionary, Revised Fourth Edition, West Publishing Company. Supplementary General Conditions - The part of the Contract Documents which amends or supplements or makes additions, deletions, or revisions to these General Conditions. Supplier - A manufacturer, fabricator, retailer, wholesaler supplier, distributor, materialman, or vendor having a direct contract with the CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by the CONTRACTOR or any Subcontractor. Technical Specifications-The technical sections of the Specifications, comprising all of the Sections contained in Part III of the Specifications defined herein. Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, water, sewage and drainage removal, gases, steam, liquid petroleum products, telephone or other communications, cable television, traffic, or other systems. Unit Price Work-Work to be paid for on the basis of unit prices for the various work items. The bid price for each pay line item in a unit-price bid shall be the product of the unit price bid for each item, multiplied by the actual MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 4 • • quantities of such items placed. In case of conflict or error between the unit price and the extended product, the unit price shall prevail and the extension corrected. Work - The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. The Work includes and is the result of performing services, or furnishing labor, and performing or furnishing services and furnishing documents, all as required by the Contract Documents. Work Change Directive - A written directive to the CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by the CITY and recommended by the-ENGINEER, ordering immediate commencement of work on an addition, deletion, or revision of in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed or to emergencies as provided in the Contract Documents. A Work Change Directive may not be used to as provided in Articles 4.2, 4.3, and 4.4 or to emergencies under paragraph 6.10e. A Work Change Directive will not change the Contract Price nor or the Contract Time, but shall be is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.1 b. ARTICLE 2--PRELIMINARY MATTERS 2.1 Delivery of Bonds: When the CONTRACTOR delivers the executed Agreements to the CITY, the CONTRACTOR shall also deliver to the CITY such Bonds and insurance policies or certificates as the CONTRACTOR may be required to furnish in accordance with Article 5.1. 2.2 Copies of Documents: The CITY shall furnish to the CONTRACTOR up to 5 copies (unless otherwise specified in the Supplementary • General Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. 2.3 Commencement of Contract Times; Notice to Proceed: The Contract Times shall commence to run on the day indicated in the Notice to Proceed or, if no Notice to Proceed is issued, on the thirtieth day after the Effective Date of the Agreement. 2.4 Starting the Project: A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement,whichever date is earlier. 2.5 Starting the Work: The CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. 2.6 Before Starting Construction: a. Before undertaking each part of the Work, the CONTRACTOR shall carefully review the Contract Documents and check all applicable field measurements. The CONTRACTOR shall promptly report in writing to the ENGINEER any conflict, error, ambiguity, or discrepancy which the CONTRACTOR may discover and shall obtain a written interpretation or clarification from the ENGINEER before proceeding with any Work affected thereby; however, the CONTRACTOR shall not be liable to the CITY or the ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents, unless the CONTRACTOR knew or reasonably should have known thereof. • b. Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to the ENGINEER for review: MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 5 1. A preliminary progress schedule indicating the times(numbers of days or dates)for starting and completing the Work; 2. A preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing and processing such submittal; 3. On lump sum contracts, a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. c. Within 15 calendar days after receipt of Agreement forms from the CITY, the CONTRACTOR shall deliver to the CITY, certificates of insurance (and other evidence of insurance which the CITY or any additional insured may reasonably request)which the CONTRACTOR is required to purchase and maintain in accordance with Articles 5.3, 5.4 and 5.5. 2.7 Preconstruction Conference: Before any Work at the site is started, a conference attended by the CONTRACTOR, the ENGINEER, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Article 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.8 Initially Acceptable Schedules: Unless otherwise provided in the Contract Documents, at least 10 days before submission of the first Application for Payment a conference attended by the CONTRACTOR, the ENGINEER, and others as appropriate will be held to review for acceptability to the ENGINEER as provided below the schedules submitted in accordance with Article 2.6. The CONTRACTOR shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to the CONTRACTOR until the schedules are submitted to and are acceptable to the ENGINEER as provided below. The construction schedule will be acceptable to the ENGINEER as providing an orderly progression of the Work to completion and within the Contract Times, but such acceptance will neither impose on the ENGINEER the responsibility for the sequencing, scheduling, or progress of the Work nor interfere with or relieve the CONTRACTOR from the CONTRACTOR's full responsibility therefor. The CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals. The CONTRACTOR's Schedule of Values, where required hereunder, shall be acceptable to ENGINEER as to form and substance. ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING, REUSE 3.1 Contract Documents: The Contract Documents comprise the entire agreement between the CITY and the CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the laws of the place of the Project. 3.2 Intent; It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing;custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials, or equipment, such words or phrases shall be interpreted, in accordance with that meaning. Clarifications and interpretations of the Contract Documents shall be as issued by the ENGINEER as provided in Article 9.4. MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 6 3.3 Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies: a. Reference to standards, specifications, manuals, or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. b. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual, or code or of any instruction of any Supplier, the CONTRACTOR shall report it to the ENGINEER in writing at once, and the CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.10e) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Article 3.4; provided, however, that the CONTRACTOR shall not be liable to the CITY or the ENGINEER for failure to report any such conflict, error, ambiguity or discrepancy unless the CONTRACTOR knew or reasonably should have known thereof. c. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in Article 3.4, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: 1. the provisions of any such standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 2. the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). d. No provision of any such standard, specification, manual, code, or instruction shall be effective to change the duties and responsibilities of the CITY, the CONTRACTOR, or the ENGINEER , or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall it be effective to assign to the CITY, the ENGINEER or any of the ENGINEER's Consultants, agents, or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of paragraph 9.9 or any other provision of the Contract Documents. e. Whenever in the Contract Documents the terms "as ordered," "as directed," "as required," "as allowed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper,"or"satisfactory"or adjectives of like effect or import are used to describe a requirement, direction, review, or judgment of the ENGINEER as to the Work, it is intended that such requirement, direction, review, or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to the ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Article 9.9 or any other provision of the Contract Documents. 3.4 Amending and Supplementing Contract Documents: a. The Contract Documents may be amended after execution of the Agreement to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 1. By formal Written Amendment, 2. By Change Order, (pursuant to paragraph 10.1d), or 3. By Work Change Directive. (pursuant to paragraph 10.1a). MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 7 i • b. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and . deviations in the Work may be authorized, in one or more of the following ways: 1. By Field Order(pursuant to Article 9.5), 2. By the ENGINEER's approval of a Shop Drawing or Sample(pursuant to Article 6.12, or 3. By the ENGINEERS written interpretation or clarification (pursuant to Article 9.4). 3.5 Order of Precedence of Contract Documents: a. In resolving disputes resulting from conflicts, errors, omissions, ambiguities, or discrepancies in any of the Contract Documents, unless otherwise provided in the Supplementary General Conditions, the order of precedence shall be as follows: 1. Change Orders or Work Change Directives 2. Agreement 3. Addenda 4. CONTRACTOR's Bid (Bid Forms) 5. Supplementary General Conditions 6. Notice Inviting Bids 7. Instructions to Bidders 8. General Conditions of the Contract 9. Technical Specifications 10. Contract Drawings 11. Referenced Standard Specifications 12. Referenced Standard Drawings b. With reference to the Drawings the order of precedence shall be as follows: • 1. Figures govern over scaled dimensions 2. Detail drawings govern over general drawings 3. Addenda or Change Order drawings govern over Contract Drawings 4. Contract Drawings govern over standard drawings ' 5. Contract drawings govern over shop drawings 3.6 Reuse of Documents: The CONTRACTOR and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with the CITY, (i), shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of the ENGINEER or the ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of the ENGINEER or the ENGINEER's Consultant, and (ii), shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of the CITY and the ENGINEER and specific written verification or adaption by the ENGINEER. ARTICLE 4--AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.1 Availability of Lands: The CITY will furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. The CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment; provided, that the CONTRACTOR shall not enter upon nor use any property not under the control of the CITY until a written temporary construction easement agreement has been executed by the CONTRACTOR and the property owner, and a copy of said MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 8 easement furnished to the ENGINEER prior to said use; and, neither the CITY nor the ENGINEER shall be liable for any claims or damages resulting from the CONTRACTOR's unauthorized trespass or use of any such properties. 4.2 Subsurface and Physical Conditions: a. Reports and Drawings: Reference is made to the Supplementary General Conditions for identification of: 1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by the ENGINEER in the preparation of preparing the Contract Documents; and 2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by the ENGINEER in preparing the Contract Documents. b. The CONTRACTOR may rely upon the general accuracy of specified 'technical data"contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is specifically identified in the Supplementary General Conditions. Except for such reliance on such specified "technical data," the CONTRACTOR may not rely upon nor make any claim against the CITY, the ENGINEER, nor any of the ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for the CONTRACTOR's purposes; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. Any CONTRACTOR's interpretation of or conclusion drawn from any 'technical data" or any such data, interpretations, opinions, or information. c. Existing structures: Reference is made to the Supplementary General Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Utilities referred to in Article 4.4, herein) which are at or contiguous to the site that have been utilized by the ENGINEER in the preparation of the Contract Documents. 4.3 Differing Site Conditions: a. If the CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 1. Subsurface or latent physical conditions at the site of the Work differing materially from those indicated, described, delineated in the Contract Documents, or 2. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then: b. The CONTRACTOR, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith, shall notify the CITY and the ENGINEER in writing about such condition. The CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith until receipt of written order to do so. c. In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof,will be allowable to the extent that they are attributable to any such difference. d. The CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if: 1. The CONTRACTOR knew of the existence of such conditions at the time The CONTRACTOR made a final commitment to the CITY in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or i MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 9 0 0 2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the 10 Bidding Requirements or Contract Documents to be conducted by or for the CONTRACTOR prior to the CONTRACTOR's making such final commitment, or 3. The CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.3b. e. If the CITY and the CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 11 and 12. However, the CITY, the ENGINEER and the ENGINEER's Consultants shall not be liable to the CONTRACTOR for any claims, costs, losses or damages sustained by the CONTRACTOR on or in connection with any other project or anticipated project. f. The CONTRACTOR's failure to give written notice of differing site conditions within 5 days of their discovery or before they are disturbed shall constitute a waiver of all claims in connection therewith, whether direct or consequential in nature. 4.4 Reference Points: a. The ENGINEER will provide one bench mark, near or on the site of the WORK, and will provide 2 points near or on the site from which the CONTRACTOR may establish a base line for alignment control. Unless otherwise specified in the General Requirements of the Technical Specifications, the CONTRACTOR shall furnish all other lines, grades, and bench marks required for proper execution of the WORK. b. The CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established, reference points and shall make no changes or relocations without the prior written approval of the CITY. The CONTRACTOR shall report to the ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and/or relocation because of necessary changes in grades or locations, and shall be responsible for the accurate placement or relocation of such reference points by professionally qualified personnel. 4.5 Hazardous Waste a. As provided in Article 18.17, herein, in any public works contract of the CITY which involves digging of trenches or other excavations that extend deeper than 1.2 meters (4 feet) below the surface, the CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the public entity, in writing, of any: 1. Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the California Health and Safety Code, that is required to be removed to a Class I, Class 11, or Class III disposal site in accordance with the provisions of existing law. 2. Subsurface or latent physical conditions at the site differing from those indicated. 3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. b. The public entity shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR's cost of, or the time required for, performance of any part of the WORK shall issue a Change Order under the procedures described in the Contract. C. That, in the event that a dispute arises between the public entity and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR's cost of, or the time required for, performance of any part of the WORK, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The CONTRACTOR shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties. MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 10 4.6 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: a. The CITY will be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or Identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. The CITY shall not be responsible for any such materials brought to the site by the CONTRACTOR, its Subcontractors, Suppliers, or anyone else for whom the CONTRACTOR is responsible. b. The CONTRACTOR shall immediately: (i) stop all Work in connection with such hazardous condition and in any area affected thereby(except in an emergency as required by paragraph 6.10e), and(ii) notify the CITY and the ENGINEER (and thereafter confirm such notice in writing). The CITY shall promptly consult with the ENGINEER concerning the necessity for the CITY to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. The CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after the CITY has obtained any required permits related thereto and delivered to the CONTRACTOR special written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If the CITY and the CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by the CONTRACTOR to be resumed, either party may make a claim therefor as provided in Articles 11 and 12. c. If after receipt of such special written notice the CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then the CITY may order such portion of the Work that is in connection with such hazardous condition or in such affected area to be deleted from the Work. If the CITY and the CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 11 and 12. The CITY may have such deleted portion of the Work performed by the CITY's own forces or others in accordance with Article 7. d. To the fullest extent permitted by Laws and Regulations, the CITY shall indemnify and hold harmless the CONTRACTOR, its Subcontractors, the ENGINEER, the ENGINEER's Consultants, and the officers, directors, employees, agents, other consultants and subcontractors of each and any of them from and against all claims, costs, lasses and damages arising out of or resulting from such hazardous condition, provided that: (i) any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property(other than the Work itself), including the loss of use resulting therefrom, and (ii) nothing in this paragraph 4.6d'shall obligate the CITY to indemnify any person or entity from and against the consequences of that person's or entity's own negligence. e. The provisions of Article 4.2 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. ARTICLE 5--BONDS AND INSURANCE 5.1 Performance, Payment, and Other Bonds: a. Upon receiving a Notice of Award, the CONTRACTOR shall furnish Performance and Payment Bonds, each in the amount set forth in the Supplementary General Conditions as security for the faithful performance and payment of all the CONTRACTOR's obligations under the Contract Documents. If required under the Supplementary General Conditions, a Correction and Repair Bond shall be provided for all Work; said Correction and Repair Bond shall cover a period of not less than one year and shall be by a separate surety company. Where a separate Correction and Repair Bond is not required, the Performance Bond shall be written to remain in effect at least until one year after the date of Substantial Completion/Notice of Completion as applicable, except as otherwise provided by Law or Regulation or by the Contract Documents.; provided, that after the date of Substantial Completion/Notice of Completion, as applicable, the amount of said Performance Bond, at the discretion of the CITY, may be reduced to the amount set forth in the Supplementary General Conditions. The premiums upon all such bonds shall be paid by • the CONTRACTOR. b. If the surety on any Bond furnished by the CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the WORK is located, or it ceases to meet the MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 11 requirements of Article 5.1, the CONTRACTOR shall within 7 days thereafter substitute another Bond and surety, both of which must be acceptable to the CITY. 5.2. Licensed Sureties and Insurers; Certificates of Insurance; a. All Bonds and insurance required by the Contract Documents to be purchased and maintained by the CITY or the CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary. General Conditions, or required by law, whichever is greater, and shall endorse the CITY, the ENGINEER, and the CITY's Consultants for the project as additional insured."All insurance shall be maintained continuously during the life of the Agreement up to the date of Substantial Completion/Notice of Completion, as applicable, pursuant to acceptance of the WORK by the CITY, but the CONTRACTOR's liabilities under this Agreement shall not be deemed limited in any way to the insurance coverage required. b. The CONTRACTOR shall furnish the CITY with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of policies for each of the following listed insurance coverages. In addition, each party named as an additional insured shall be provided with an original copy of the policy endorsement naming them as an additional insured (subject'to any customary exclusion in respect of professional liability) under the CONTRACTOR's policies of insurance required under the Contract. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed, or renewal refused until at least 30 days' prior written notice has been given to the CITY by Certified Mail. All such insurance shall remain in effect until the date of Substantial Completion and at all times thereafter when the CONTRACTOR may be correcting, removing, or replacing defective work in accordance with paragraph 13.4d, herein. In addition, the Insurance required herein (except for Worker's Compensation and Employer's Liability) shall name the CITY, the ENGINEER, the CITY's Consultants for the project and their officers, agents, and employees as "additional insureds" under the policies: 1. Worker's Compensation Insurance Requirements: This insurance shall protect the CONTRACTOR, the CITY, the ENGINEER, and the CITY's Consultants for the project against all claims under applicable state Worker's Compensation laws. The CONTRACTOR shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a Worker's Compensation law. This policy shall include an"all 'states"endorsement. The CONTRACTOR shall require each subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees to be engaged in such work unless such employees are covered by the protection afforded by the CONTRACTOR's Worker's Compensation Insurance. In case any class of employees is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of its employees as are not otherwise protected. 2. Comprehensive General Liability: This insurance shall be written in comprehensive form and shall protect the CONTRACTOR, the CITY, the ENGINEER, and the CITY's Consultants for the project against all claims arising from injuries to persons other than its employees or damage to the property of the CITY or others arising out of any act or omission of the CONTRACTOR or its agents, employees, or subcontractors, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable. The policy shall also include protection against claims: insured by customary personal injury liability coverage, a "protective liability" endorsement to insure the contractual liability assumed by the CONTRACTOR under the indemnification provisions of the General Conditions. To the extent that the CONTRACTOR's work, or work under its direction, may require blasting, explosive conditions, or underground operations, the comprehensive general liability coverage shall contain no exclusions relative to blasting, explosion, collapse of buildings, or damage to underground structures. 3. Comprehensive Automobile Liability: This insurance shall be written in comprehensive form and shall protect the CONTRACTOR and the CITY and the ENGINEER against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles. Said insurance shall cover the operation onsite or offsite of all motor vehicles licensed for highway use whether they are owned, non-owned, or hired. MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 12 4. Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance: The CONTRACTOR shall either require each of its sub-contractors to procure and to maintain Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified in the Supplementary General Conditions or insure the activities of its subcontractors in the CONTRACTOR's own policy in like amount. 5. Builder's Risk: This insurance shall be of the "all risk" type, and unless otherwise specified in the Supplementary General Conditions, shall be written in completed value form, and shall protect the CONTRACTOR, the CITY, the ENGINEER, and the CITY's Consultants for the project against risks of damage to buildings, structures, and materials and equipment. The amount of such insurance shall be not less than the insurable value of the WORK at completion. Builder's Risk insurance shall provide for losses to be payable to the CONTRACTOR, the CITY, the ENGINEER, and the CITY's Consultants as their interests may appear. The policy shall contain a provision that in the event of payment for any loss under the coverage provided, the insurance company shall have no rights of recovery against the CONTRACTOR, the CITY, the ENGINEER, and the CITY's Consultants. The Builder's Risk policy shall insure against all risks of direct physical loss or damage to property from any external cause including flood and earthquake. Allowable exclusions, if any, shall be as specified in the Supplementary General Conditions. c. The original or a certified copy of each insurance policy and endorsements thereto shall be deposited with the CITY prior to execution of the Agreement. Specific language of the policy shall be subject to approval of the CITY. 5.3 Policy Requirements: a. The insurance provided by the CONTRACTOR hereunder shall be (1) with companies licensed to do business in the state of California, (2)with companies with a Best's Financial Rating of VII or better, and (3) with companies with a Best's General Policy Policyholders Rating of not less than A, except that in case of Worker's Compensation Insurance, participation in the State Fund,where applicable, is acceptable. b. Insurance policies required hereunder which are required to have the CITY, the ENGINEER, and the CITY's Consultants for the project named as additional insured shall, (1) include a provision that the policies are primary and do not participate with nor are excess over any other valid and collectible insurance, (2) include a waiver of subrogation against the CITY, its agents and employees, (3) for Builders All Risk Insurance, provide for deductible amounts not exceeding 5 percent of the insurable values of the WORK of the CONTRACTOR for the perils of all risks of physical loss or damage to the Work, temporary buildings, falsework and Work in transit and shall insure against at least the following perils fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, flood, and acts of God as defined in Public Contract Code Section 7105, and claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. 5.4 Liability Insurance: In addition to the insurance required to be provided by the CONTRACTOR under Article 5.2,the CITY, at the CITY's option, may purchase and maintain at the CITY's expense the CITY's own liability insurance as will protect the CITY against claims which may arise from operations under the Contract Documents. 5.5 Property Insurance: The CITY shall not be responsible for purchasing and maintaining any property insurance to protect the interests of the CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount, will be borne by the CONTRACTOR, Subcontractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 5.6 Waiver of Rights: a. The CITY and the CONTRACTOR intend that all policies purchased in accordance with Article 5.5 will protect the CITY, the CONTRACTOR, Subcontractors, the ENGINEER, the ENGINEER's Consultants and all other persons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds in such MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 13 policies and will provide primary coverage for all losses and''. damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. The CITY and the CONTRACTOR waive all rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, the ENGINEER, the ENGINEER's Consultants and all other persons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by the CITY as trustee or otherwise payable under any policy so issued. b. In addition, the CITY waives all rights against the CONTRACTOR, Subcontractors, the ENGINEER, the ENGINEER's Consultants and the officers, directors, employees and agents of any of them,for: 1. loss due to business interruption, loss of use or other consequential loss extending beyond direct physical loss or damage to the CITY's property or the Work caused by, arising out of or resulting from fire or other peril,whether or not insured by the CITY; and 2. loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by the CITY during partial utilization pursuant to Article 14.8, after substantial completion pursuant to Article 14.7 or after final payment pursuant to Article 14.11. c. Any insurance policy maintained by the CITY covering any loss, damage or consequential loss referred to in this paragraph 5.6b shall contain provisions to the effect that in the event of payment of any such loss, damage or consequential loss the insurers will have no rights of recovery against any of the CONTRACTOR, Subcontractors, the ENGINEER,the ENGINEERS Consultants and the officers, directors, employees and agents of any of them. 5.7 Receipt and Application of Insurance Proceeds a. Any insured loss under the policies of insurance required by Article 5.5 will be adjusted with the CITY and made payable to the CITY as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.7b. The CITY shall deposit in a separate account any money so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. b. The CITY as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to the CITY's exercise of this power. If such objection be made, the CITY as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, the CITY as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, the CITY as fiduciary shall give bond for the proper performance of such duties. 5.8 Acceptance of Bonds and Insurance; Option to Replace: If either party(the CITY or the CONTRACTOR) has any objection to the coverage afforded by or other provisions of the Bonds or Insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within ten days after receipt of the certificates (or other evidence requested) required by paragraph 2.6c. the CITY and the CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or'remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the CONTRACTOR, such insurance in the name of the CONTRACTOR, or subcontractor, as the CITY may deem proper and may deduct the cost of taking out and maintaining such insurance from any :sums which may be found or become due to the CONTRACTOR under this Contract party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 14 5.9 Partial Utilization-- Property Insurance: If the CITY finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with Article 14.8; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6--THE CONTRACTOR'S RESPONSIBILITIES 6.1 Supervision and Superintendence: The CONTRACTOR shall supervise, inspect, and direct the WORK competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the WORK in accordance with the Contract Documents. The CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but the CONTRACTOR shall not be responsible for the negligence of others in the design or selection specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the contract documents. The CONTRACTOR shall be responsible to see that the completed WORK complies accurately with the Contract Documents. 6.2 Labor, Materials , and Equipment: a. The CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out and construct the Work as required by the Contract Documents. Except in connection with as otherwise required for the safety or protection of persons or the WORK or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and the CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without the CITY's written consent given after prior written notice to the ENGINEER. If the CONTRACTOR performs any work after regular working hours, or on Saturday, Sunday, or any legal holiday, it shall pay the CITY any additional cost incurred by the CITY as a result of such work. b. Unless otherwise specified in the Contract Documents, the General Requirements, the CONTRACTOR shall furnish and assume full responsibility for all materials, equipment,-labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities, and incidentals necessary for the furnishing, performance, testing, start-up, and completion of the WORK. 6.3 Adjusting Construction Schedule: The CONTRACTOR shall adhere to the Construction Schedule established in accordance with the provisions of the specifications, as it may be adjusted from time to time as provided in the Contract Documents. 6.4 Concerning Subcontractors, Suppliers,and Others: a. The CONTRACTOR shall be fully responsible to the CITY and the ENGINEER for the acts and omissions of its subcontractors and their employees to the same extent as the CONTRACTOR is responsible for the acts and omissions of its own employees. Nothing contained in this Article shall create any contractual relationship between the CITY or the ENGINEER and any sub-contractor, nor shall it relieve the CONTRACTOR of any liability or obligation under the prime Contract. b. The CONTRACTOR shall be fully responsible to the CITY and the ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR just as the CONTRACTOR is responsible for the CONTRACTOR's own acts and omissions. c. The CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with the CONTRACTOR. MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 15 d. All Work performed for the CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between the CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of the CITY and the ENGINEER. 6.5 Permits, License Fees, and Royalties: a. Unless otherwise provided in the Supplementary General Conditions, the CONTRACTOR shall obtain and pay for all construction permits and licenses from the agencies having jurisdiction, including the furnishing of insurance and bonds if required by such agencies. The enforcement of such requirements under this Contract shall not be made the basis of claims for additional compensation. The CITY shall assist the CONTRACTOR, when necessary, in obtaining such permits and licenses. The CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the WORK, which are applicable at the time of opening of Bids, or if there are no Bids, on the Effective Date of the Agreement. The CONTRACTOR shall pay all charges of utility owners for connections to the WORK. b. The CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the WORK or the incorporation in the WORK of any invention, design, process, product , or device which is the subject of patent rights or copyrights held by others. G. The CONTRACTOR shall indemnify and hold harmless the CITY from and against all claims, damages, losses, and expenses (including attorney's fees and court and arbitration costs) arising out of any infringement of patent Tights or copyrights incident to the use in the performance of the WORK or resulting from the incorporation in the WORK of any of a particular invention, design, process, product, or device not specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of the CITY or the ENGINEER its use is subject to patent rights or copyrights calling for the payment',of any license fee or royalty to others, the existence of such rights shall be disclosed by the CITY, and shall defend all such claims in connection with any alleged infringement of such rights. 6.6 Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, the CONTRACTOR may furnish or utilize a substitute means, method,technique, sequence or procedure of construction acceptable to the ENGINEER. The CONTRACTOR shall submit sufficient information to allow the ENGINEER, in the ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. 6.7 Laws and Regulations: a. The CONTRACTOR shall observe and comply with all federal, state, and local laws, ordinances, codes, orders, and regulations which in any manner affect those engaged or employed on the WORK, the materials used in the WORK, or the conduct of the WORK. b. The CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither the CITY nor ENGINEER shall be responsible for monitoring the CONTRACTOR's compliance with any Laws or Regulations. c. If the CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, the CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom. 6.8 Taxes: The CONTRACTOR shall pay all sales, consumer, use,', and other similar taxes required to be paid by the CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance Of the WORK. MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 16 6.9 Use of Premises: The CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to (1) the Project site, (2) the and land and areas identified in and permitted by the Contract Documents, and (3) the other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements. The, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. the CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas contiguous thereto, resulting from the performance of the WORK. Should any claim be made against the CITY by any such owner or occupant because of the performance of the WORK,the CONTRACTOR shall promptly attempt to settle with such other party by agreement negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. The CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold the CITY harmless the CITY, the ENGINEER, the ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, damages, losses, and expenses (including, but not limited to, fees of architects, engineers, attorneys, and other professionals and court and arbitration costs) arising directly, indirectly, or consequently out of any costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against the CITY, or other party against the CITY to the extent based on a claim arising out of such owner or occupant against the CITY, the ENGINEER, or any other party indemnified hereunder to the extent caused by or based upon the CONTRACTOR's performance of the WORK. 6.10 Safety and Protection: a. During the progress of the Work,the CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work the CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment and machinery, and surplus materials. The CONTRACTOR shall leave the site clean and ready for occupancy by the CITY at Substantial Completion of the Work. The CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. b. The CONTRACTOR shall not load nor permit any part of-any structure to be loaded in any manner that will endanger the structure, nor shall the CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. c. The CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the WORK. The CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss. d. The CONTRACTOR shall comply with all applicable Laws and Regulations (whether referred to herein or not) of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. The CONTRACTOR shall notify owners of adjacent property and utilities when prosecution of the work of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.10c caused, directly or indirectly, in whole or in part, by the CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by the CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of the CITY or the ENGINEER or the ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the CONTRACTOR or any Subcontractor, Supplier or other person or organization directly or indirectly employed by any of them). the CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and the ENGINEER has issued a notice to the CITY and the CONTRACTOR in accordance with Article 14.11 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). e. In emergencies affecting the safety or protection of persons or the WORK or property at the site or adjacent thereto, the CONTRACTOR, without special instructions from the ENGINEER or the CITY instruction or 10 authorization from the CITY or the ENGINEER, is obligated to act to prevent threatened damage, injury, or loss. MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 17 The CONTRACTOR shall give the ENGINEER prompt written notice if the CONTRACTOR believes that any significant changes in the WORK or variations from the Contract Documents have been caused thereby. If the ENGINEER determines that a change in the Contract Documents is required because of the action taken by the CONTRACTOR in response to such an emergency, a Work Change Directive Change or Change Order will be issued to document the consequences of such action. 6.11 Record Documents: The CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda,Written Amendments, Change Orders,Work Change Directives, Field Orders, and written interpretations and clarifications (issued pursuant to Article 9.3) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings shall be available to the ENGINEER for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings shall be delivered to the ENGINEER for the CITY. 6.12 Shop Drawings and Samples: a. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements of the Technical Specifications, the CONTRACTOR shall submit Shop Drawings to the ENGINEER for review. b. The CONTRACTOR shall also have reviewed or and coordinated each shop drawing Shop Drawing or Sample with other shop drawings Shop Drawings and Samples and'with the requirements of the WORK and the Contract Documents. c. The ENGINEER's review and approval of shop drawings or samples shall not relieve The CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless the CONTRACTOR has in writing called the ENGINEER's attention to each such variation at the time of submission and the ENGINEER has given written acceptance, such notice to be in a written communication separate from the submittal. 6.13 Continuing the WORK: The CONTRACTOR shall carry on the WORK and adhere to the construction schedule required to be submitted hereunder during all disputes or disagreements with the CITY. No work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Article 15.4 or as the CITY and the CONTRACTOR may otherwise agree in writing. 6.14 Warranty and Guarantee: The CONTRACTOR warrants and guarantees to the CITY, the ENGINEER and the ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. 6.15 Indemnification: a. TO the fullest extent permitted by Laws and Regulations,the CONTRACTOR shall indemnify and hold harmless the CITY, the ENGINEER, the ENGINEER's Consultants and the officers, directors, employees, agents, and other consultants of each and any of them from and against all'claims, costs, losses, and damages defend, and hold harmless the CITY, the ENGINEER, the CITY's Consultants for the project and their agents, and employees from and against all claims and liability arising under or by reason of the Contract or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY or the ENGINEER or the CITY's Consultants for the project. b. The CONTRACTOR shall reimburse the CITY, the ENGINEER, and the CITY's Consultants for the project for all costs and expenses,(including but not limited to all fees and charges of engineers, architects, engineers, attorneys, and other professionals and court costs) incurred by said CITY, the ENGINEER, and the CITY's Consultants for the project in enforcing the provisions of this Article, including all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work. MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 18 0 6.16 Assignment of Contract: The CONTRACTOR shall not assign, sublet, sell, transfer, or otherwise dispose of the Contract or any portion thereof or its right, title, or interest therein, or obligations thereunder, without written consent of the CITY, except as imposed by law. If the CONTRACTOR violates this provision, the Contract may be terminated at the option of the CITY. In such event, the CITY shall be relieved of all liability and obligations to the CONTRACTOR and to its assignee or transferee, growing out of such termination. ARTICLE 7--OTHER WORK 7.1 Related Work at Site: a. The CITY may perform other work related to the Project at the site by the CITY's own forces, have other work performed by utility owners, or let other direct contracts therefor which shall contain General Conditions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to the CONTRACTOR prior to starting any such other work. b. The CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct contract or the CITY, if the CITY is performing the additional work with the CITY's employees), proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, the CONTRACTOR shall do all cutting, fitting, and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. The CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the ENGINEER and the others whose work will be affected. c. If any part of the CONTRACTOR's work depends, for proper execution or results, upon the work of any such other contractor or utility owner(or the CITY),the CONTRACTOR shall inspect such other work and promptly report to the ENGINEER in writing any delays, defects , or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of the CONTRACTOR's Work. The CONTRACTOR's failure to so to report will constitute an acceptance of such other work as fit and proper for integration with the CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. 7.2 Coordination: a. If the CITY contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary General Conditions: 1. The person, firm or, corporation, or other organization who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; in the Supplementary General Conditions. 2. The specific matters to be covered by such authority and responsibility will be itemized; and 3. The extent of such authority and responsibilities shall be as provided. b. Unless otherwise provided in the Supplementary General Conditions, neither the CITY nor the ENGINEER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8--CITY'S RESPONSIBILITIES 8.1 Except as otherwise provided in these General Conditions, the CITY shall issue all communications to the CONTRACTOR through their designated Project Representative. 8.2 The CITY shall furnish the data required of the CITY under the Contract Documents promptly and shall make payments to the CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 19 0 0 8.3 The CITY's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Articles 4.1, 4.2, and 4.4. The CITY shall identify and make available to the CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by the ENGINEER in preparing the Contract Documents. 8.4 The CITY's responsibility in respect of certain inspections, tests, and approvals is set forth in paragraph 13.41b. 8.5 In connection with the CITY's right to stop Work or suspend Work, see Articles 13.6, 15.1, and 15.2. deals with the CITY's right to terminate services of the CONTRACTOR under certain circumstances. 8.6 The CITY shall not supervise, direct, or have control or authority over, nor be responsible for, the CONTRACTOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of the CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. The CITY will not be responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 8.7 The CITY's responsibility in respect of undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in Article 4.6. ARTICLE 9--THE ENGINEER'S STATUS DURING CONSTRUCTION 9.1 The CITY's Representative: The ENGINEER will be the CITY's representative during the construction period. 9.2 Visits to Site: The ENGINEER or the ENGINEERSs authorized representative will make visits to the site at intervals appropriate to the various stages of construction as the ENGINEER deems necessary in order to observe the progress that has been made and the quality of the various aspects of the CONTRACTOR's executed Work. 9.3 Clarifications and Interpretations: The ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as the ENGINEER may determine necessary. 9.4 Authorized Variations in the Work: The ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on the CITY and also on the CONTRACTOR, who shall perform the Work involved promptly. 9.6 Rejecting Defective Work: The ENGINEER, acting through its authorized representative,will have authority to disapprove or reject Work which the ENGINEER believes to be defective, or that the ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project. 9.6 Shop Drawings, Change Orders, and Payments: The ENGINEER will review all the CONTRACTOR submittals, including shop drawings, samples, substitutes, or"or equal" items, etc., in accordance with the procedures set forth in Article 6.12, inclusive, and the General Requirements of the Technical Specifications. MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 20 • s 9.7 Determinations for Unit Prices: The ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by the CONTRACTOR. The ENGINEER will review with the CONTRACTOR, the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). The ENGINEER's written decision thereon will be final and binding upon the CITY and the CONTRACTOR, unless within 10 days after the date of any such decision, either the CITY or the CONTRACTOR delivers to the other and to the ENGINEER written notice of intention to appeal from the ENGINEER's decision. 9.8 Decisions on Disputes: a. The ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes, and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to the ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute, and/or other matter shall be delivered by the claimant to the ENGINEER and the other party to the Agreement promptly (but in no event later than 30 days) after the start of the occurrence or event giving rise thereto. b. When functioning as interpreter and judge under Articles 9.7 or 9.8, the ENGINEER will not show partiality to the CITY or the CONTRACTOR and shall not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by the ENGINEER pursuant to Articles 9.7 or 9.8 with respect to any such claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment as provided in Article 14.14)will be a condition precedent to any exercise by the CITY or the CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute, or other matter pursuant to Article 16. 9.9 Limitations on the ENGINEER's Authority and Responsibilities: a. Neither the ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by the ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by the ENGINEER shall create, impose or give rise to any duty owed by the ENGINEER to the CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them. b. Whenever in the Contract Documents the terms"as ordered;' "as directed;' "as required," "as allowed," "as reviewed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review, or judgment of the ENGINEER as to the WORK, it is intended that such requirement, direction, review, or judgment will be solely to evaluate the WORK for compliance with the Contract Documents, unless there is a specific statement indicating otherwise.The use of any such term or adjective shall not be effective to assign to the ENGINEER any duty or authority to supervise or direct the performance of the WORK or any duty or authority to undertake responsibility contrary to the provisions of paragraphs 9.9c or 9.9d, herein. c. The ENGINEER will not supervise, direct, control or have authority over or be responsible for the CONTRACTOR's means, methods,techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of the CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. The ENGINEER will not be responsible for the CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. d. The ENGINEER will not be responsible for the acts or omissions of the Contractor nor of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. e. The ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, and certificates of inspection, tests, and approvals and other documentation required to be delivered by Article 14.10 will only be to determine generally that MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 21 s • their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. f. The limitations upon authority and responsibility set forth in this Article 9.9 shall also apply to the ENGINEER's Consultants, Project Representative, and assistants. ARTICLE 10--CHANGES IN THE WORK 10.1 General: a. Without invalidating the Agreement and without notice to any surety,the CITY may, at any time or from time to time, order additions, deletions, or revisions in the Work; such additions, deletions or revisions will be authorized by a written Change Order or a Work Directive Change issued by the ENGINEER or the CITY. Upon receipt of any such document, CONTRACTOR shall promptly proceed with'the Work involved. b. If the CITY and the CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 11 or Article 12. c. The CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified, and supplemented as provided in Article 3.4 except in the case of an emergency as provided in paragraph 6.10e or in the case of uncovering Work as provided in paragraph 13.5b. d. The CITY and the CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: 1. Changes in the Work which are ordered by the CITY pursuant to paragraph 10.1 a; and 2. Changes in the Contract Price or Contract Times which are agreed to by the parties. provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents'and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in Article 6.12. e. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be the CONTRACTOR's responsibility, and the amount of each applicable Bond shall be adjusted accordingly. 10.2 Allowable Quantity Variations on Unit Price Contracts: In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the Contract Documents, wherever such unit price has been established; provided, that an adjustment in the Contract Unit Price may be made for changes which result in an increase or decrease in the quantity of any unit price bid item of the Work in excess of 25 percent, or for eliminated items of work. 10.3 Increases of More Than 25 Percent on Unit Price Contracts: a. On a unit price contract, should the total quantity of any item of work required under the Contract exceed the ENGINEER's Estimate therefor by more than 25 percent, the work in excess of 125 percent of such estimate and not covered by an executed contract Change Order specifying the compensation to be paid therefor will be paid for by adjusting the Contract Unit Price, as hereinafter provided, or at the option of the CITY, payment for the work involved in such excess will be made on the basis of force account as provided in Article 11. MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 22 b. Such adjustment of the Contract Unit Price will be the difference between the Contract Unit Price and the actual unit cost, which will be determined as hereinafter provided, of the total pay quantity of the item. If the costs applicable to such item of work include fixed costs, such fixed costs shall be deemed to have been recovered by the CONTRACTOR by the payments made for 125 percent of the ENGINEER's Estimate of the quantity for such item, and in computing the actual unit cost, such fixed costs will be excluded. Subject to the above provisions, such actual unit cost will be determined by the ENGINEER in the same manner as if the work were to be paid for on a force account basis as provided in Article 11, herein, or such adjustment will be as agreed to by the CONTRACTOR and the CITY. c. When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the ENGINEER's Estimate is less than $5,000 at the applicable Contract Unit Price, the ENGINEER reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the CONTRACTOR. 10.4 Decreases of More Than 25 Percent on Unit Price Contracts: a. On unit price contracts, should the total pay quantity of any item of work required under the contract be less than 75 percent of the ENGINEER's Estimate therefor, an adjustment in compensation pursuant to this Section will not be made unless the CONTRACTOR so requests in writing. If the CONTRACTOR so requests, the quantity of said item performed, unless covered by an executed contract change order specifying the compensation payable therefor, will be paid for by adjusting the Contract Unit Price as hereinafter provided, or at the option of the ENGINEER, payment for the quantity of the work of such item performed will be made on the basis of force account as provided in Article 11, herein, provided however, that in no case shall the payment for such work be less than that which would be made at the Contract Unit Price. b. Such adjustment of the contract unit price will be the difference between the contract unit price and the actual unit cost, which will be determined as hereinafter provided, of the total pay quantity of the item, including fixed costs. Such actual unit cost will be determined by the ENGINEER in the same manner as if the work were to be paid for on a force account basis as provided in Article 11; or such adjustment will be as agreed to by the CONTRACTOR and the CITY. c. The payment for the total pay quantity of such item of work will in no case exceed the payment which would be made for the performance of 75 percent of the ENGINEER's Estimate of the quantity for such item at the original Contract Unit Price. 10.5 Eliminated Items on Unit Price Contracts: a. On unit price contracts, should any contract item of the Work be eliminated in its entirety, in the absence of an executed contract Change Order covering such elimination, payment will be made to the CONTRACTOR for actual costs incurred in connection with such eliminated contract item if incurred prior to the date of notification in writing by the ENGINEER of such elimination. b. If acceptable material is ordered by the CONTRACTOR for the eliminated item prior to the date of notification of such elimination by the ENGINEER, and if orders for such material cannot be canceled, it will be paid for at the actual cost to the CONTRACTOR. In such case,the material paid for shall become the property of the CITY and the actual cost of any further handling will be paid for by the CITY. If the material is returnable to the vendor and if the ENGINEER so directs the CONTRACTOR, the material shall be returned and the CONTRACTOR will be paid for the actual cost of charges made by the vendor for returning the material. The actual cost of handling returned material will be paid for. c. The actual costs or charges to be paid by the CITY to the CONTRACTOR as provided in this Article 10 will be computed in the same manner as if the work were to be paid for on a force account basis as provided in Article 11. MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 23 0 ARTICLE 11 --CHANGE OF CONTRACT PRICE 11.1 General: a. The Contract Price constitutes the total compensation (subject to CITY-authorized adjustments) payable to the CONTRACTOR for performing the Work. All duties, responsibilities, and obligations assigned to or undertaken by the CONTRACTOR shall be at its expense without change in the Contract Price. b. The Contract Price may only be changed by a Change Order. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to the ENGINEER promptly (but in no event later than 30 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within 60 days after such occurrence (unless the ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct,,indirect, and consequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by the ENGINEER in accordance with Article 9.7, herein, if the CITY and the CONTRACTOR cannot otherwise agree on the amount involved. No claim for an'adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.1b. c. The value of any Work covered by a Change Order or Work Directive Change or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 1. Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved. 2. By mutual acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Article 11.4, herein. 3. On the basis of the Cast of the Work (determined as provided in Articles 11.2 and 11.3, herein), plus the CONTRACTOR's Fee for overhead and profit(determined as provided in Article 11.4, herein). 11.2 Cost of Work (Based on Time, Materials, and Equipment and CONTRACTOR's Overhead and Profit): a. General: The term "Cost of Work" shall mean the sum of all costs necessarily incurred and paid by the CONTRACTOR for labor, materials, and equipment plus CONTRACTOR's overhead, and profit in the proper performance of work. Except as otherwise may be agreed to in writing by the CITY, such costs shall be in amounts no higher than those prevailing in the locality of the Project. b. Labor: The cost of labor used in performing work by the CONTRACTOR, a subcontractor, or other forces will be the sum of the following: 1. The actual wages paid plus any employer payments to, or on behalf of workers for fringe benefits including health and welfare, pension, vacation, and similar purposes. The cost of labor may include the wages paid to foremen when determined by the ENGINEER that the services of foremen do not constitute a part of the overhead allowance as defined in Article 11.4, herein. 2. To the actual wages, as defined in paragraph 11.2b(1), herein,will be added a labor surcharge set forth in the California Department of Transportation publication entitled Labor Surcharge and Equipment Rates, which is in effect on the date upon which the Work,is accomplished and which is hereby included as a part of these General Conditions by this reference thereto. Said labor surcharge shall constitute full compensation for all payments imposed by the State and Federal laws and for all other payments made to, or on behalf of, the workers, other than actual wages as defined in paragraph 11.2b(1), herein, and subsistence and travel allowance as specified In paragraph 11.2b(3), herein. 3. The amount paid for subsistence and travel required by collective bargaining agreements, or in accordance with the regular practice of the employer. MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 24 At the beginning of the extra work and as later requested by the ENGINEER, the CONTRACTOR shall furnish the ENGINEER proof of labor compensation rates being paid. c. Materials: The cost of materials used in performing work will be the cost to the purchaser, whether CONTRACTOR or subcontractor, from the supplier thereof, except as the following are applicable: 1. Trade discounts available to the purchaser shall be credited to the CITY notwithstanding the fact that such discounts may not have been taken by the CONTRACTOR. 2. For materials secured by other than a direct purchase and direct billing to the purchaser, the cost shall be deemed to be the price paid to the actual supplier as determined by the ENGINEER. Markup except for actual costs incurred in the handling of such materials will not be allowed. 3. Payment for materials from sources owned wholly or in part by the purchaser shall not exceed the price paid by the purchaser for similar materials from said sources on extra work items or the current wholesale price for such materials delivered to the work site,whichever price is lower. 4. If in the opinion of the ENGINEER the cost of material is excessive, or the CONTRACTOR does not furnish satisfactory evidence of the cost of such material, then the cost shall be deemed to be the lowest current wholesale price for the quantity concerned delivered to the work site less trade discount. The CITY reserves the right to furnish materials for the extra work and no claim shall be made by the CONTRACTOR for costs, overhead, and profit on such materials. d. Equipment: The CONTRACTOR will be paid for the use of equipment at the rental rate listed for such equipment specified in the Supplementary General Conditions. Such rental rate will be used to compute payments for equipment whether the equipment is under the CONTRACTOR's control through direct ownership, leasing, renting, or another method of acquisition. The rental rate to be applied for use of each items of equipment shall be the rate resulting in the least total cost to the CITY for the total period of use. If it is deemed necessary by the CONTRACTOR to use equipment not listed in the foregoing publication, an equitable rental rate for the equipment will be established by the ENGINEER. The CONTRACTOR may furnish cost data which might assist the ENGINEER in the establishment of the rental rate. 1. All equipment shall, in the opinion of the ENGINEER, be in good working condition and suitable for the purpose for which the equipment is to be used. 2. Before construction equipment is used on the extra work, the CONTRACTOR shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the ENGINEER, in duplicate, a description of the equipment and its identifying number. . 3. Unless otherwise specified, manufacturer's ratings and manufacturer approved modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer. 4. Individual pieces of equipment or tools having a replacement value of $200 or less, whether or not consumed by use, shall be considered to be small tools and no payment will be made therefor. 5. Rental time will not be allowed while equipment is inoperative due to breakdowns. e. Equipment on the Work: The rental time to be paid for equipment on the work shall be the time the equipment is in productive operation on the extra work being performed and, in addition, shall include the time required to move the equipment to the location of the extra work and return it to the original location or to another location requiring no more time than that required to return it to its original location; except, that moving time will not be paid if the equipment is used on other than the extra work, even though located at the site of the extra work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power, except that no payment will be made for loading and transporting costs when the equipment is used at the site of the extra work on other than the extra work. The following shall be used in computing the rental time of equipment on the work. MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 25 0 1. When hourly rates are listed, any part of an hour less than 30 minutes of operation shall be considered to be 1/2-hour of operation, and any part of an hour greater than 30 minutes will be considered one hour of operation. 2. When daily rates are listed, any part of a day less than 4 hours operation shall be considered to be 1/2-day of operation. 3. When owner-operated equipment is used to perform extra work to be paid for on a time and materials basis, the CONTRACTOR will be paid for the equipment and operator, as set forth in Subparagraphs (4), (5), and(6),following: 4. Payment for the equipment will be made in accordance with the provisions in paragraph 11.2d, herein. 5. Payment for the cost of labor and subsistence or travel allowance will be made at the rates paid by the CONTRACTOR to other workers operating similar equipment already on the Work, or in the absence of such labor, established by collective bargaining agreements for the type of workmen and location of the extra work, whether or not the operator is actually covered by such an agreement. A labor surcharge will be added to the cost of labor described herein in accordance with the provisions of paragraph 11.2b, herein,which surcharge shall constitute full compensation for payments imposed by state and federal laws and all other payments made to on behalf of workers other than actual wages. 6. To the direct cost of equipment rental and labor, computed as provided herein, will be added the allowances for equipment rental and labor as provided in Article 11.4, herein. 11.3 Special Services: a. Special work or services are defined as that work characterized by extraordinary complexity, sophistication, or innovation or a combination of the foregoing attributes which are unique to the construction industry. The following may be considered by the ENGINEER in making estimates for payment for special services: 1. When the ENGINEER and the CONTRACTOR, by agreement, determine that a special service or work is required which cannot be performed by the forces of the CONTRACTOR or those of any of its subcontractors,the special service or work may be performed by an entity especially skilled in the work to be performed. After validation of invoices and determination of market values by the ENGINEER, invoices for special services or work based upon the current fair market value thereof may be accepted without complete itemization of labor, material, and equipment rental costs. 2. When the CONTRACTOR is required to perform work necessitating special fabrication or machining process in a fabrication or a machine shop facility away from the job site, the charges for that portion of the work performed at the off-site facility may, by agreement, be accepted as a special service and accordingly, the invoices for the work may be accepted without detailed itemization. 3. All invoices for special services will be adjusted by deducting all trade discounts offered or available, whether the discounts were taken or not. In lieu of the allowances for overhead and profit specified in Article 11.4, herein, an allowance of 5 percent will be added to invoices for special services. b. All work performed hereunder shall be subject to all of the provisions of the Contract Documents and the CONTRACTORS sureties shall be bound with reference thereto as under the original Agreement. Copies of all amendments to surety bonds or supplemental surety bonds shall be submitted to the CITY for review prior to the performance of any work hereunder. 11.4 CONTRACTOR's Overhead and Profit: a. Work ordered on the basis of time and materials will be'paid for at the actual necessary cost as determined by the ENGINEER, plus allowances for overhead and profit. For extra work involving a combination of increases and decreases in the Work the actual necessary cost will be the arithmetic sum of the additive and deductive costs. The allowance for overhead and profit shall include full compensation for superintendence, bond and insurance premiums, taxes, office expense, and all other items of expense or cost not included in the cost of labor, materials, or equipment provided for under Paragraphs 11.2b, c, and d, herein including extended overhead and home office overhead. The allowance for overhead and profit will be made in accordance with the following schedule: MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 26 ACTUAL OVERHEAD NECESSARY AND PROFIT COST ALLOWANCE Labor 24 percent Materials 15 percent Equipment 15 percent b. It is understood that labor, materials, and equipment may be furnished by the CONTRACTOR or by the subcontractor on behalf of the CONTRACTOR. When all or any part of the extra work is performed by a subcontractor, the allowance specified herein shall be applied to the labor, materials, and equipment costs of the subcontractor, to which the CONTRACTOR may add 5 percent of the subcontractor's total cost for the extra work. Regardless of the number of hierarchical tiers of subcontractors, the 5-percent increase above the subcontractor's total cost which includes the allowances for overhead and profit specified herein may be applied one time only for each separate work transaction. No markup allowance will be made for sub-sub-contractors or below. 11.5 Records: a. The CONTRACTOR shall maintain its records in such a manner as to provide a clear distinction between the direct costs of each separate item of extra work, disputed work, emergency work, or other work paid for on a Cast of Work basis and the costs of other operations. b. From the foregoing records, the CONTRACTOR shall furnish the ENGINEER completed Daily Work Reports, on forms furnished by the CITY, for each day's work or portion of each day's work to be paid for on a Cost of Work basis. The Daily Work Reports shall itemize the materials used, and shall cover the direct cost of labor and the charges for equipment rental, whether furnished by the CONTRACTOR, subcontractor, or other forces, except for charges described in Article 11.3, "Special Services." The Daily Work Reports shall provide names or identifications and classifications of all workmen, the hourly rate of pay and hours worked by each, and also the size, type, and identification number of equipment, and the hours operated. c. Material charges shall be substantiated by valid copies of vendor's invoices. Such Invoices shall be submitted with the Daily Work Reports, or if not available, they shall be submitted with subsequent Daily Work Reports. Should said vendor's invoices not be submitted within 60 days after the date of delivery of the material or within 15 days after the acceptance of the Contract,whichever occurs first,the CITY reserves the right to establish the cost of such materials at the lowest current wholesale prices at which said materials were available in the quantities concerned delivered to the location of work less any discounts as provided in paragraph 11.2c, herein. d. Said Daily Work Reports shall be signed by the CONTRACTOR or its authorized representative. e. The ENGINEER will compare his or her records with the completed Daily Work Reports furnished by the CONTRACTOR and make any necessary adjustments. When these Daily Work Reports are agreed upon and signed by both parties, said reports shall become the basis of payment for the work performed, but shall not preclude subsequent adjustment based on a later audit by the CITY. f. The CONTRACTOR's cost records pertaining to work paid for on a Cost of Work basis shall be open to inspection or audit by representatives of the CITY, during the life of the contract and for a period of not less than 3 years after the date of acceptance thereof, and the CONTRACTOR shall retain such records for that period. Where payment or labor is based on the cost thereof to forces other than the CONTRACTOR, the CONTRACTOR shall make every reasonable effort to insure that the cost records of such other forces will be open to inspection and audit by representatives of the CITY on the same terms and conditions as the cost records of the CONTRACTOR. If an audit is to be commenced more than 60 days after the acceptance date of the contract, the CONTRACTOR will be given a reasonable notice of the time when such audit is to begin. ARTICLE 12--CHANGE OF CONTRACT TIMES 12.1 General: a. The Contract Times may only be changed by a Change Order or a Written Amendment. Any claim for an MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 27 adjustment of the Contract Times shall be based on written notice delivered by the party making the claim to the other party and to the ENGINEER promptly (but in no event,later than 30 days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within 60 days after such occurrence (unless the ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times shall be determined by the ENGINEER in accordance with Article 9.8 if the CITY and the CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times will be valid if not submitted in accordance with the requirements of this Article 12.1. b. All time limits stated in the Contract Documents are of the essence of the Agreement. c. Where the CONTRACTOR is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of the CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a claim is made therefor as provided in Article 12.1. Delays beyond the control of the CONTRACTOR shall include, but not be limited to, acts or neglect by the CITY, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, herein, or by acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, labor disputes, sabotage, or freight embargoes. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of the CONTRACTOR. d. Where the CONTRACTOR is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of both the CITY and the CONTRACTOR, an extension of the Contract Times in an amount equal to the time lost due to such delay shall be the CONTRACTOR's sole and exclusive remedy for such delay. In no event shall the CITY be liable to the CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of the CONTRACTOR, or (ii) delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect by utility owners or other contractors performing other work. ARTICLE 13 -- WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK 13A Warranty and Guarantee: The CONTRACTOR warrants and guarantees to the CITY and the ENGINEER that all work will be in accordance with the Contract Documents and will not be defective. Neither the right to inspect, nor the presence of inspectors, the ENGINEER, consultants, or testing agencies hired by the CITY or the ENGINEER, nor their general review or approval shall relieve the CONTRACTOR from its obligations to perform the WORK in accordance with the Contract Documents.All defective WORK,whether or not in place. 13.2 Notice of Defects: Prompt notice of all defective Work of which the CITY or the ENGINEER have actual knowledge will be given to the CONTRACTOR.All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.3 Access to the WORK: The CITY, the ENGINEER the ENGINEER's Consultants, other representatives and personnel of the CITY and the ENGINEER, independent testing laboratories and governmental agencies with jurisdictional interests shall have access to the WORK at reasonable times for their observation, inspecting, and testing. The CONTRACTOR shall provide them with proper and safe conditions for such access and advise them of the CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable.. MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 28 0 • 13.4 Tests and Inspections: a. The CONTRACTOR shall give the ENGINEER timely notice of readiness of the WORK for all required inspections, tests or approvals, but in no event less than 24 hours notice. The CONTRACTOR shall cooperate with inspection and testing personnel to facilitate required inspections or tests. b. The CITY will employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests or approvals covered by paragraph 13.4c below; 2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.5b below shall be paid as provided in said paragraph 13.5b; and 3. as otherwise specifically provided in the Contract Documents. c. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other representative of such public body, the CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish the ENGINEER the required certificates of inspection, or approval. The CONTRACTOR shall also be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for the CITY's and the ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to the CONTRACTOR'S purchase thereof for incorporation in the WORK d. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by the CONTRACTOR without written concurrence of the ENGINEER, it shall, if requested by the ENGINEER, be uncovered for observation. e. Uncovering Work as provided in paragraph 13.4d shall be at the CONTRACTOR's expense unless the CONTRACTOR has given the ENGINEER timely notice of the CONTRACTOR's intention to cover the same and the ENGINEER has not acted with reasonable promptness in response to such notice. 13.5 Uncovering Work: a. If any WORK is covered contrary to the written request of the ENGINEER, it shall , if requested by the ENGINEER, be uncovered for the ENGINEER's observation and replaced at the CONTRACTOR's expense. b. If the ENGINEER considers it necessary or advisable that covered Work be observed by the ENGINEER or inspected or tested by others, the CONTRACTOR, at the ENGINEER's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing, as the ENGINEER may require, that portion of the WORK in question, and shall furnish all necessary labor, material, and equipment. If it is found that such Work is defective, the CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection, and testing and of satisfactory replacement or reconstruction, including but not limited to all costs of repair or replacement of work of others); and the CITY shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. c. The CONTRACTOR shall permit on-site video taping, still photography, or motion picture photography of the construction project. The CITY will notify the CONTRACTOR prior to the commencement of any video taping and/or photography by the CITY personnel and/or its agents and shall make a reasonable effort to give the CONTRACTOR at least 24 hours of its intent to video tape or photograph the project. The CONTRACTOR shall cooperate with and shall coordinate with CITY personnel or their authorized representatives in its efforts to carry out such video taping and/or photography. The CONTRACTOR shall give notice to all employees and subcontractors of such video taping and/or photography to be out of view of the camera, if requested to do so, during video taping and or photographing of the construction project. MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 29 • 0 13.6 CITY May Stop the WORK: If the WORK is defective, or the CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed WORK will conform to the Contract Documents, the CITY, acting independently or through the Project Representative, may order the CONTRACTOR to stop the WORK, or any portion thereof, 'until the cause for such order has been eliminated; however, this right of the CITY to stop the WORK shall not give rise to any duty on the part of the CITY to exercise this right for the benefit of the CONTRACTOR or any surety or other party. 13.7 Correction or Removal of Defective WORK: If required by the ENGINEER, acting directly or through the Project Representative, the CONTRACTOR shall promptly, as directed, either correct all defective WORK,whether or not fabricated, installed or completed, or, if the WORK has been rejected by the ENGINEER, the CONTRACTOR shall remove it from the site and replace it with Work that is not defective. The CONTRACTOR shall pay all claims, costs, losses, and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of the Work of others). 13.8 Correction Period: a. If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any WORK is found to be defective, the CONTRACTOR shall promptly,without cost to the CITY and in accordance with the CITY's written instructions: (i) correct such defective WORK, or, if it has been rejected by the CITY, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If the CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, the CITY may have the defective WORK corrected or the rejected WORK removed and replaced, and all direct, indirect and consequential costs of such removal and replacement, including claims, costs, losses and damages caused by or resulting from such removal and replacement (including but not limited to all costs of repair'or replacement of work of others) will be paid by the CONTRACTOR. b. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the WORK, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. c. Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this Article 13.8, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. d. Unless otherwise provided in the Supplementary General Conditions, the CONTRACTOR shall provide a post-construction, correction and repair Performance Bond in the amount of 100 percent of the Contract Price to cover all correction and repairs or other corrective work required hereunder, and shall maintain such Bond in full force and effect for one full year following the Notice of Completion. 13.9 Acceptance of Defective WORK: If, instead of requiring correction or removal and replacement of defective Work, the CITY (and, prior to the ENGINEER's recommendation of final payment, also the ENGINEER) prefers to accept it,the CITY may do so. The CONTRACTOR shall pay all claims, costs, losses and damages attributable to the CITY's evaluation of and determination to accept such defective WORK (such costs to be subject to approval by the ENGINEER as to reasonableness). If any such acceptance occurs prior to the ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the WORK; and the CITY shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, the CITY may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by the CONTRACTOR to the CITY. MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 30 13.10 The CITY May Correct Defective Work: If the CONTRACTOR fails within a reasonable time after written notice from the ENGINEER to correct defective Work or to remove and replace rejected Work as required by the ENGINEER in accordance with Article 13.7, or if the CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if the CONTRACTOR fails to comply with any other provision of the Contract Documents, CITY may, after 7 days' written notice to the CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph the CITY shall proceed expeditiously. In connection with such corrective and remedial action, the CITY may exclude the CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend the CONTRACTOR's services related thereto, take possession of the CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which the CITY has paid the CONTRACTOR but which are stored elsewhere. The CONTRACTOR shall allow the CITY, the CITY's representatives, agents and employees, the CITY's other contractors and the ENGINEER and the ENGINEER's Consultants access to the site to enable the CITY to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by the CITY in exercising such rights and remedies will be charged against the CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the CITY shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof,the CITY may make a claim therefor as provided in Article 11. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by correction, removal or replacement of the CONTRACTOR's defective Work. The CONTRACTOR shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by the CITY of the CITY's rights and remedies hereunder. ARTICLE 14--PAYMENTS TO THE CONTRACTOR AND COMPLETION 14.1 Schedule of Values(Lump-Sum Price Breakdown): The schedule of values or lump-sum price breakdown established as provided for in the Contract.Documents shall will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to the ENGINEER. 14.2 Unit Price Bid Schedule: Progress payments on account of Unit Price Work will be based on the number of units completed. 14.3 Application for Progress Payment: a. Unless otherwise prescribed by law, on a prearrainged date each month, the CONTRACTOR shall submit to the ENGINEER for review, through the Project Representative, an Application for Payment filled out and signed by the CONTRACTOR covering the WORK completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. b. The Application for Payment shall identify, as a sub-total, the amount of the CONTRACTOR's Total Earnings to Date, plus the Value of Materials at the site which have not yet been incorporated into the WORK, and less a deductive adjustment for materials installed which were not previously incorporated into the WORK, but for which payment was allowed under the provisions for payment for Materials Stored at the Site, but not yet incorporated in the WORK. c. The Net Payment Due to the CONTRACTOR shall be the above-mentioned sub-total from which shall be deducted the amount of retainage specified in the Contract Documents, and the total amount of all previous payments made to the CONTRACTOR.All CONTRACTOR payment requests must be accompanied by Conditional Waiver and Release certificates from the CONTRACTOR and all subcontractors and suppliers for whom payment is requested. d. Except as otherwise provided in the Supplementary General Conditions, the value of Materials Stored at the Site shall be an amount equal to the specified percentage of value of such materials as set forth in the MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 31 Supplementary General Conditions. Said amount shall be based upon the value of all acceptable materials and equipment not incorporated in the WORK but delivered and, suitably stored at the site; provided, that each such individual item of material or equipment has a value of more than $5000 and will become a permanent part of the WORK. The Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that the CONTRACTOR has received the materials and equipment free and clear of all Stop Notice claims, charges, security interests, and other encumbrances. and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect the CITY's interest therein, all of which must be satisfactory to the CITY. 14.4 CONTRACTOR's Warranty of Title: The CONTRACTOR warrants and guarantees that title to all WORK, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to the CITY no later than the time of final payment free and clear of all Stop Notice claims. 14.5 Review of Applications for Progress Payments: a. Upon receipt of each application for payment, the ENGINEER will either indicate in writing a recommendation of payment and present the Application to the CITY , or return the Application to the CONTRACTOR indicating in writing the ENGINEER's reasons for refusing to recommend payment. In the latter case, the CONTRACTOR may make the necessary corrections and promptly resubmit the Application. Thirty-five days after presentation of the Application for Payment to the CITY with the ENGINEER's recommendation, the amount recommended will (subject to the provisions of paragraph 14.5b) become due and when due will be paid by the CITY to the CONTRACTOR. b. The ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by the ENGINEER to the CITY, based on the ENGINEER's on-site observations of the executed WORK as an experienced and qualified design professional and on the ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of the ENGINEER's knowledge, information and belief the WORK has progressed to the point indicated; the quality of the WORK is generally in accordance with the Contract Documents; and the conditions precedent to the CONTRACTOR'S being entitled to such payment appear to have been fulfilled in so far as it is the ENGINEER's responsibility to observe the WORK. c. The ENGINEER's recommendation of any payment, including final payment, shall not mean that the ENGINEER is responsible for the CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of the CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of WORK, or for any failure of the CONTRACTOR to perform or furnish WORK in accordance with the Contract Documents. d. The ENGINEER may refuse to recommend the whole or any part of any payment if, in the ENGINEER's opinion, subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in the ENGINEER's opinion to protect the CITY from loss because: 1. the WORK is defective, or completed WORK has been damaged requiring correction or replacement, 2. the Contract Price has been reduced by Written Amendment or Change Order, 3. CITY has been required to correct defective WORK or complete WORK in accordance with Article 13.10, or 4. The ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2a.2 through 15.2a.5, inclusive. e. The CITY may refuse to make payment of the full amount recommended by the ENGINEER because: 5. claims have been made against the CITY on account of the CONTRACTOR's performance of the WORK or Stop Notices that have been filed pursuant to'the provisions of Section 3179 et seq. of the California Civil Code MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 32 0 6. Stop Notices have been filed in connection with the WORK, except where the CONTRACTOR has 10 delivered a Stop Notice Release Bond satisfactory to the CITY to secure the satisfaction and discharge of such Liens, 7. there are other items entitling the CITY to a Credit against the amount recommended, as provided in paragraph 14.11c, herein, or 8. the CITY has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.5d.1 through 14.5d.3 or paragraphs 15.2a.2 through 15.2a.5, inclusive; f. The CITY must give the CONTRACTOR written notice within 5 days (with a copy to the ENGINEER) stating the reasons for such action and promptly pay the CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by the CITY and the CONTRACTOR, when the CONTRACTOR corrects to the CITY's satisfaction the reasons. 14.6 Beneficial Use or Occupancy and Partial Utilization: a. Partial Utilization: The CITY shall have the right to utilize or place into service any item of equipment or other usable portion of the WORK prior to completion of the WORK. Whenever the CITY plans to exercise said right, the CONTRACTOR will be notified in writing by the CITY, identifying the specific portion or portions of the WORK to be so utilized or otherwise placed into service. b. It shall be understood by the CONTRACTOR that until such written notification is issued, all responsibility for care and maintenance of all items or portions of the WORK to be partially utilized shall be borne by the CONTRACTOR. Upon issuance of said written notice of partial utilization, the CITY will accept responsibility for the protection and maintenance of all such items or portions of the WORK described in the written notice. c. Beneficial Use or Occupancy: The CITY shall have the right, at its option and convenience, to occupy or otherwise make use of all or any part of the project premises at any time prior to substantial completion, upon 14 days written notice to the CONTRACTOR. Beneficial occupancy or use shall be subject to the following conditions: 1. The CITY shall use its best efforts to prevent occupancy from interfering with the conduct of the CONTRACTOR's remaining work; 2. The CONTRACTOR shall not be required to repair damage to the premises if the same was caused by the CITY's occupancy or use; 3. The one-year correction period for those portions of the premises occupied and equipment used by the CITY shall start as of the date of actual occupancy or use; 4. Occupancy or use shall not constitute acceptance by the CITY either of the completed work or any portion thereof, nor will it relieve the CONTRACTOR from full responsibility for correcting defective work or materials found before completion and acceptance of all the work during the period specified in Article 13.8, herein; 5. Occupancy or use shall not be deemed to be the equivalent of filing a Notice of Substantial Completion/Notice of Completion or a Cessation of Labor; 6. There shall be no added cost to the CITY due to pre-completion occupancy or use; 7. The CONTRACTOR and its surety shall execute a "No Change In Price" Change Order prepared pursuant to this Article 14.5; 8. Effective 12:01 a.m. standard time at the project site at the date of beneficial occupancy or use stipulated in the Change Order, the CONTRACTOR shall be released from the obligations of maintaining fire and extended coverage insurance covering those portions of the premises occupied by the CITY pursuant to this Article 14, but shall maintain all other insurance required by the Contract in full force and effect. The CITY shall obtain fire and extended coverage insurance or maintain equivalent self-insurance covering those portions of the premises occupied or used pursuant to this Article 14.6. MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 33 0 14.7 Substantial Completion: a. When the CONTRACTOR considers the entire Work ready for Its intended use the CONTRACTOR shall notify the CITY and the ENGINEER in writing, through the Project Representative, that the entire Work is substantially complete(except for items specifically listed by the CONTRACTOR as incomplete) and request that the ENGINEER issue a Notice of Completion/Substantial Completion. Within a reasonable time thereafter, the CITY, the CONTRACTOR, and the ENGINEER shall make an inspection of the WORK to determine the status of completion. If the Project Representative and/or the ENGINEER does not consider the WORK substantially complete, the ENGINEER, through the Project Representative will notify the CONTRACTOR in writing, giving the reasons therefor. Upon recommendation of the Project Representative, if the ENGINEER considers the WORK substantially complete, the ENGINEER will prepare and deliver to the CITY for its execution and recordation the Notice of Substantial Completion/Notice of Completion signed by the CITY, the ENGINEER, and the CONTRACTOR, which shall fix the date of Completion. As applicable, there shall be attached to the Notice a list of items to be completed or corrected before release of retainage or funds withheld to secure payment for such items remaining to be completed or corrected. At the time of delivery of the tentative Notice of Substantial Completion the ENGINEER will deliver to the CITY and the CONTRACTOR a written recommendation as to division of responsibilities pending final payment between the CITY and the CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees. Unless the CITY and the CONTRACTOR agree otherwise in writing and so inform the ENGINEER in writing prior to the ENGINEER's issuing the definitive Notice of Substantial Completion, the ENGINEER's aforesaid recommendation will be binding on the CITY and the CONTRACTOR until final payment. b. Completion shall mean Substantial completion, which shall mean substantial performance of the Contract as defined in Black's Law Dictionary 4th Edition, by West Publishing Co., St. Paul Minn., See definition of"Completion" and"Substantial Completion"in Article 1, herein. c. The CITY shall have the right to exclude the CONTRACTOR from the Work after the date of Substantial Completion, but the CITY shall allow the CONTRACTOR reasonable access to complete or correct items on the tentative list. 14.8 Partial Utilization: Use by the CITY at the CITY's option of any substantially completed part of the Work which: (i) has specifically been identified in the Contract Documents, or (ii) the CITY, the ENGINEER and the CONTRACTOR agree constitutes a separately functioning and usable part of the Work that ran be used by the CITY for its intended purpose without significant interference with the CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following: 1. The CITY at any time may request the CONTRACTOR in writing to permit the CITY to use any such part of the Work which the CITY believes to be ready for its intended use and substantially complete. If the CONTRACTOR agrees that such part of the Work is substantially complete, the CONTRACTOR will certify to the CITY and the ENGINEER that such part of the Work is substantially complete and request the ENGINEER to issue a Notice of Substantial Completion for that part of the Work. The CONTRACTOR at any time may notify the CITY and the ENGINEER in writing that the CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request the ENGINEER to issue a Notice of Substantial Completion for that part of the Work. Within a reasonable time after either such request, the CITY, the CONTRACTOR and the ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If the ENGINEER does not consider that part of the Work to be substantially complete, the ENGINEER will notify the CITY and the CONTRACTOR in writing giving the reasons therefor. If the ENGINEER considers that part of the Work to be substantially complete, the provisions of Article 14.7 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of Article 5.9 in respect of property in MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 34 • 14.9 Final Inspection: Upon written notice from the CONTRACTOR that the entire Work or an agreed portion thereof is complete, the ENGINEER will make a final inspection with the CITY and the CONTRACTOR and will notify the CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. The CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.10 Final Application for Payment: After the CONTRACTOR has completed all such correction work referred to in Article 14.7, herein, and delivered corrections to the satisfaction of the ENGINEER and delivered in accordance with the Contract Documents or other evidence of insurance required by Article 5.4 , certificates of inspection, marked-up record documents (as provided in Article 6.11, and other documents, all as required by the Contract Documents, and after the ENGINEER has indicated that the WORK is acceptable, the CONTRACTOR may make application through the Project Representative for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to the CITY) of all Stop Notices arising out of or filed in connection with the WORK. In lieu of such releases or waivers of Liens and as approved by CITY, the CONTRACTOR may furnish receipts or releases in full and an affidavit of the CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (u) all payrolls, material and equipment bills and other indebtedness connected with the WORK for which the CITY or the CITY's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, the CONTRACTOR may furnish a Stop Notice Release Bond or other collateral satisfactory to the CITY to indemnify the CITY against any Lien. 14.11 Final Payment and Acceptance: a. Final payment is defined as the last progress payment made to the CONTRACTOR for earned funds, less retainage or other withheld funds, as applicable, including the deductions listed in paragraph 14.11c, herein. b. If, on the basis of the ENGINEER's observation of the WORK during construction and final inspection, and the ENGINEER's review of the final Application for Payment and accompanying documentation, all as required by the Contract Documents, the ENGINEER is satisfied that the WORK has been substantially completed, and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled,the ENGINEER will, within 14 days after receipt of the final Application for Payment, indicate in writing the ENGINEER's recommendation of payment and present the Application to the CITY for payment. At the same time the ENGINEER will also give written notice to the CITY and the CONTRACTOR that the WORK is acceptable subject to the provisions of Article 14.14. Otherwise,the ENGINEER will return the Application to the CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case the CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after the presentation to the CITY of the Application and accompanying documentation, in appropriate form and substance and with the ENGINEER's recommendation and notice of acceptability,the amount recommended by the ENGINEER will become due and payable to the CONTRACTOR. c. After acceptance of the WORK by the CITY's governing body, the CITY will make final payment to the CONTRACTOR of the amount remaining after deducting all prior payments and all amounts to be kept or retained under the provisions of the Contract Documents, including the following items: 1. Retainage of not less than 5 percent of the contract price, subject to the provisions of Public Contract Code Section 22300. 2. Liquidated damages, as applicable. 3. One and one-half times the value of outstanding items of correction work or punch list items indicated on the Notice of Completion as being yet uncompleted or uncorrected, as applicable. All such work shall be completed or corrected to the satisfaction of the CITY within the time stated on the Notice of Substantial Completion/Notice of Completion, otherwise the CONTRACTOR does hereby waive any and all claims to all monies withheld by the CITY to cover the value of all such uncompleted or uncorrected items. • MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 35 0 14.12 Release of Retainage and Other Deductions: a. After executing and recording a Notice of Completion, and not more than 35 days thereafter, the CITY will authorize the release to the CONTRACTOR of the retainage funds or securities withheld pursuant to the Agreement, less any deductions to cover pending claims against the CITY pursuant to paragraph 14.5b, herein. b. During said Stop Notice filing period, the CONTRACTOR shall have 30 days to complete any outstanding items of correction work remaining to be completed or corrected as listed on a final punch list made a part of the Notice of Substantial Completion/Notice of Completion. Upon expiration of the 35 days referred to in paragraph 14.12a, the amounts withheld pursuant to the provisions of paragraph 14.11c, herein, for all remaining work items will be returned to the CONTRACTOR; provided, that said work has been completed or corrected to the satisfaction of the CITY within said 30 days. Otherwise, the CONTRACTOR does hereby waive any and all claims for all monies withheld by the CITY under the Contract to cover 1.5 times th'e value of such remaining uncompleted or uncorrected items. c. If, through no fault of the CONTRACTOR, final completion of the WORK is significantly delayed and if the ENGINEER so confirms, the CITY will, upon receipt of the CONTRACTOR's final Application for Payment and recommendation of the ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the WORK fully completed and accepted. If the remaining balance to be held by the CITY for WORK not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in Article 5.1, the written consent of the surety to the payment of the balance due for that portion of the WORK fully completed and accepted shall be submitted by the CONTRACTOR to the ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 14.13 CONTRACTOR's Continuing Obligation: The CONTRACTOR's obligation to perform and complete the WORK in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by the ENGINEER, nor the issuance of a Notice of Substantial Completion/Notice of Completion, nor any payment by the CITY to the CONTRACTOR under the Contract Documents, nor any use or occupancy of the WORK or any part thereof by the CITY, nor any act of acceptance by the CITY nor any failure to do so, nor any review and approval of a Shop Drawing or sample submittal,will constitute an acceptance of work not in accordance with the Contract Documents or a release of the CONTRACTOR'S obligation to perform the WORK in accordance with the Contract Documents. 14.14 Waiver of Claims: a. The acceptance by the CONTRACTOR of the final payment referred to in Article 14.11, herein, shall be a release of the CITY and its agents from all claims of liability to the CONTRACTOR for anything done or furnished for, or relating to, the WORK or for any act or neglect of the CITY or of any person relating to or affecting the WORK, except demands made against the CITY for the remainder, if any, of the amounts kept or retained under the provisions of Article 14.11, herein; and excepting all pending, unresolved claims filed prior to the date of the Notice of Substantial Completion/Notice of Completion b. The making and acceptance of final payment shall constitute: 1. a waiver of all claims by the CITY against the CONTRACTOR, except claims arising from unsettled Liens, from defective WORK appearing after final inspection pursuant to Article 14.9, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from the CONTRACTOR's continuing obligations under the Contract Documents; and 2. a waiver of all claims by the CONTRACTOR against the CITY other than those previously made in writing and still unsettled. ARTICLE 15--SUSPENSION OF WORK AND TERMINATION 16.1. Suspension of WORK by the CITY: • At any time and without cause, the CITY may suspend the WORK or any portion thereof for a period of not more than 90 ninety days by notice in writing to the CONTRACTOR. The CONTRACTOR and the ENGINEER which will MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 36 0 fix the date on which Work will be resumed. The CONTRACTOR shall resume the WORK on receipt from the Project Representative of a Notice of Resumption of WORK. The CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if the CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. 15.2 Termination of Agreement by the CITY(CONTRACTOR Default): a. In the event of default by the CONTRACTOR, the CITY may give 10 days written notice to the CONTRACTOR of the CITY's intent to terminate the Agreement and provide the CONTRACTOR an opportunity to remedy the conditions constituting the default. It shall be considered a default by the CONTRACTOR upon the occurrence of one or more of the following events: 1. If the CONTRACTOR becomes insolvent, or assigns its assets for the benefit of its creditors; 2. If the CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under Article 2.8 as adjusted from time to time pursuant to Article 6.3 3. If the CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction; 4. If the CONTRACTOR disregards the authority of the ENGINEER; 5. If the CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; or 6. If the CONTRACTOR fails to prosecute the WORK according to the approved construction schedule; 7. If the CONTRACTOR fails to provide a qualified, full-time Superintendent or Project Manager at the site, competent workers, or materials or equipment meeting the requirements of the Contract Documents.lf the CONTRACTOR fails to remedy the conditions constituting default within the time allowed, the CITY may then issue the Notice of Termination. b. The CITY may, after giving the CONTRACTOR (and the surety) 7 days' written notice and to the extent permitted by Laws and Regulations, terminate the services of the CONTRACTOR, exclude the CONTRACTOR from the site and take possession of the Work and of all of the CONTRACTOR's tools, appliances, construction equipment and,machinery at the site and use the same to the full extent they could be used by the CONTRACTOR (without liability to the CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which the CITY has paid the CONTRACTOR but which are stored elsewhere, and finish the Work as the CITY may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by the CITY arising out of or resulting from completing the Work such excess will be paid to the CONTRACTOR. If such claims, costs, losses and damages exceed such unpaid balance, the CONTRACTOR shall pay the difference to the CITY. Such claims, costs, losses and damages incurred by the CITY will be reviewed by the ENGINEER as to their reasonableness and when so approved by the ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph the CITY shall not be required to obtain the lowest price for the Work performed. c. Where the CONTRACTOR's services have been so terminated by the CITY, the termination will not affect any rights or remedies of the CITY against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due the CONTRACTOR by the CITY will not release the CONTRACTOR from liability. 15.3 Termination of Agreement by the CITY(For Convenience): Upon 7 days'written notice to the CONTRACTOR, and the ENGINEER, the CITY may, without cause and without prejudice to any other right or remedy of the CITY, elect to terminate the Agreement. In such case, the CONTRACTOR shall be paid(without duplication of any items)for the following: 1. For completed and acceptable Work executed in accordance with the procedure prescribed for the making of the final application for payment and payment under Article 14.7, herein. Contract Documents prior to MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 37 i the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. For expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 4. For reasonable expenses directly attributable to termination. The CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.4 Termination of Agreement by the CONTRACTOR: The CONTRACTOR may terminate the Agreement upon 14 days written notice to the CITY, whenever, through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than 90 days by the CITY or under an order of court or other public authority, or the ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, or the CITY fails for 30 days to pay the CONTRACTOR any sum finally determined to be due, then the CONTRACTOR may, upon 7 days' written notice to the CITY and the ENGINEER, and provided that the CITY or the ENGINEER does not remedy such suspension or failure within that time, terminate the Agreement and recover from the CITY payment on the same terms as provided in Article 15.3. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if the ENGINEER has failed to act on an Application for Payment within 30 days after it is submitted, or the CITY has failed for 30 days to pay the CONTRACTOR any sum finally determined to be due, the CONTRACTOR may upon 7 day's written notice to the CITY and the ENGINEER stop the Work until payment of ail such amounts due to the CONTRACTOR, including interest thereon. The provisions of this Article 15.4 are not intended to preclude the CONTRACTOR from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to the CONTRACTOR's stopping Work as permitted by this paragraph. ARTICLE 16--DISPUTE RESOLUTION a. Any question about interpretation or clarification, disagreement, or claim that has been timely referred to the ENGINEER in accordance with Article 9.8, except any which have been waived by the making or accepting of final payment, shall upon timely demand of either party be subject to resolution under the following provisions and the provisions of Article 18.18, herein. b. No demand for arbitration or litigation may be made until the earlier of the following listed times: 1. The date on which the ENGINEER has issued a written decision as provided in paragraph 9.8a. 2. The sixty-first day after the date of the ENGINEER's receipt of a claim or dispute, or for an adjustment of contract terms, or both, if a decision has not been issued by that date. C. Pending a resolution of the claim or dispute, the CONTRACTOR shall proceed diligently with the performance of the contract and in accordance with the ENGINEER's decision unless the parties to this contract otherwise agree in writing. If and to the extent that CITY and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC-A, "Dispute Resolution Agreement,"to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of Articles 9.7 and 9.8, CITY and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 38 i 0 ARTICLE 17--MISCELLANEOUS 17.1 Giving Notice: Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.2 Title to Materials Found on the WORK: The CITY shall have the right to retain title to all soils, stone, sand, gravel, and other materials developed and Oobtained from excavations and other operations connected with the WORK. Unless otherwise specified in the Contract Documents, neither the CONTRACTOR nor any subcontractor shall have any right,title, or interest in or to any such materials. The CONTRACTOR will be permitted to use in the WORK, without charge, any such materials which meet the requirements of the Contract Documents. 17.3 Computation of Times: When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. A calendar day of 24 hours measured from midnight to the next midnight shall constitute one day. 17.4 Right to Audit: If the CONTRACTOR submits a claim to the CITY for additional compensation, the CITY shall have the right, as a condition to considering the claim, and as a basis for evaluation of the claim, and until the claim has been settled, to audit the CONTRACTOR'S books to the extent they are relevant. This right shall include the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which the claim has been submitted. The right to audit shall include the right to inspect the CONTRACTOR's plants, or such parts thereof, as may have been engaged in the performance of the WORK. The CONTRACTOR further agrees that the right to audit encompasses all subcontracts and is binding upon subcontractors. The rights to examine and inspect herein provided for shall be exercisable through such representatives as the CITY deems desirable during the CONTRACTOR's normal business hours at the office of the CONTRACTOR. The CONTRACTOR shall make available to the CITY for auditing, all relevant accounting records and documents, and other financial data, and upon request, shall submit true copies of requested records to the CITY. 17.5 Notice of Claim: Should CITY or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this Article 17.5 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 17.6 Cumulative Remedies: The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by Articles 6.5, 6.8, 6.13, 6.14, 13.2, 13.8, 13.10, 14.4 and 15.2 and all of the rights and remedies available to CITY and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 39 0 0 17.7 Professional Fees and Court Costs Included: 10 Whenever reference is made to "claims, costs, losses and damages," it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. ARTICLE 18.0--CALIFORNIA STATE REQUIREMENTS 18.1 State Wage Determinations: a. As required by Sections 1770 and following, of the California Labor Code, the CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the CITY, which copies shall be made available to any interested party on request. The CONTRACTOR shall post a copy of such determination at each job site. b. The CONTRACTOR shall, as a penalty to the CITY, forfeit$50.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director for such work or craft in which such worker is employed for any public work done under the contract by him or by any subcontractor under him. 18.2 Workers' Compensation: a. In accordance with the provisions of Section 3700 of the California Labor Code, the CONTRACTOR shall secure the payment of compensation to its employees. b. Prior to beginning work under the Contract, the CONTRACTOR shall sign and file with the CITY the following certification: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the WORK of this Contract." c. Notwithstanding the foregoing provisions, before the Contract is executed on behalf of the CITY, a bidder to whom a contract has been awarded shall furnish satisfactory evidence that it has secured in the manner required and provided by law the payment of workers'compensation. 18.3 Apprentices on Public Works: The CONTRACTOR shall comply with all applicable provisions of Section 1777.5 and 1777.6 of the California Labor Code relating to employment of apprentices on public works. 18.4 Working Hours: The CONTRACTOR shall comply with all applicable provisions of Section 1810 to 1815, inclusive, of the California Labor Code relating to working hours. The CONTRACTOR shall, as a penalty to the CITY, forfeit $25.00 for each worker employed in the execution of the Contract by the CONTRACTOR or by any sub-contractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week, unless such work receives compensation for all hours worked in excess of 8 hours at not less than 1-1/2 times the basic rate of pay. 18.5 CONTRACTOR Not Responsible For Damage Resulting From Certain Acts of God: As provided in Section 7105 of the California Public Contract Code, the CONTRACTOR shall not be responsible for the cost of repairing or restoring damage to the WORK which damage is determined to have been proximately MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 40 0 i caused by an act of God, in excess of 5 percent of the contracted amount, provided, that the WORK damaged was built in accordance with accepted and applicable building standards and the plans and specifications of the CITY.The CONTRACTOR shall obtain insurance to indemnify the CITY for any damage to the WORK caused by an act of God if the insurance premium is a separate bid item in the bidding schedule for the WORK. For purposes of this section, the term "acts of God" shall include only the following occurrences or conditions and effects: earthquakes in excess of a magnitude of 3.5 on the Richter Scale, and tidal waves. 18.6 Notice of Completion: In accordance with the Sections 3086 and 3093 of the California Civil Code, within 10 days after date of acceptance of the WORK by the CITY's governing body, the CITY will file, in the County Recorder's office, a Notice of Completion of the WORK. 18.7 Unpaid Claims: If, at any time prior to the expiration of the period for service of a Stop Notice, there is served upon the CITY a Stop Notice as provided in Sections 3179 through 3210 of the Civil Code of the State of California, the CITY shall, until the discharge thereof, withhold from the moneys under its control so much of said moneys due or to become due the CONTRACTOR under this Contract as shall be sufficient to answer the claim stated in such stop notice and to provide for the reasonable cost of any litigation thereunder; provided, that if the 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. 18.8 Concrete Forms, Falsework, and Shoring: The CONTRACTOR shall comply fully with the requirements of Section 1717 of the Construction Safety Orders, State of California, Department of Industrial Relations, regarding the design of concrete forms, falsework and shoring, and the inspection of same prior to placement of concrete. Where the said Section 1717 requires the services of a civil engineer registered in the State of California to approve design calculations and working drawings of the falsework or shoring system, or to inspect such system prior to placement of concrete, the CONTRACTOR shall employ a registered civil engineer for these purposes, and all costs therefor shall be included in the price named in the Contract for completion of the WORK as set forth in the Contract Documents. 18.9 Retainage From Monthly Payments: Pursuant to Section 22300 of the California Public Contract Code, the CONTRACTOR may substitute securities for any money withheld by the CITY to insure performance under the Contract. At the request and expense of the CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the CITY or with a state or federally chartered bank as the escrow agent, who shall return such securities to the CONTRACTOR upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement for in-lieu construction payment retention provided by the CITY between the escrow agent and the CITY which provides that no portion of the securities shall be paid to the CONTRACTOR until the CITY has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The CITY will not certify that the Contract has been satisfactorily completed until at least 30 days after filing by the CITY of a Notice of Completion. Securities eligible for investment under Public Contract Code Section 22300 shall be limited to those listed in Section 16430 of the Government Code and to bank or savings and loan certificates of deposit. 18.10 Public Works Contracts; Assignment to Awarding Body: In accordance with Section 7103.5 of the California Public Contract Code, the CONTRACTOR and Subcontractors shall conform to the following requirements. In entering into a public works contract or a subcontract to supply goads, services, or materials pursuant to a public works contract, the CONTRACTOR or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the CONTRACTOR, without further acknowledgment by the parties. MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 41 0 • 18.11 Submittal of Bids; Agreement to Assign: In accordance with Section 4552 of the Government Code, the bidder shall conform to the following requirements. In submitting a bid to a public purchasing body,the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act(15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 Division 7 of the Business and Professions Code) arising from purchases of goods, materials, or services by and for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. 18.12 Payroll Records; Retention; Inspection; Noncompliance Penalties; Rules and Regulations: a. Each contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. b. The payroll records enumerated under paragraph 18.12a shall be certified and shall be available for inspection at all reasonable hours at the principal office of the CONTRACTOR on the following basis: 1. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. 2. A certified copy of all payroll records enumerated in paragraph 18.12a, herein, shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. 3. A certified copy of all payroll records enumerated in paragraph 18.12a, herein, shall be made available upon request by the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph 18.12b.2, herein, the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the CONTRACTOR, subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of the CONTRACTOR. c. Each contractor shall file a certified copy of the records, enumerated in paragraph 18.12a, herein, with the entity that requested the records within 10 days after receipt of a written request. d. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address, and social security number. The name and address of the CONTRACTOR awarded the contract or performing the contract shall not be marked or obliterated. e. The CONTRACTOR-shall inform the body awarding the contract of the location of the records enumerated under paragraph 18.12a, herein, including the street address, city and county, and shall, within 5 working days, provide a notice of a change of location and address. f. In the event of noncompliance with the requirements of this Section, the CONTRACTOR shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects the CONTRACTOR must comply with this Section. Should noncompliance still be evident after the 10-day period, the CONTRACTOR shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit 25 dollars for each calendar day, or portion thereof, for each worker, 'until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division, of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. g. A copy of all payrolls shall be submitted weekly to the ENGINEER. Payrolls shall contain the full name, address and social security number of each employee, his or her correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made and actual wages paid. They shall also indicate apprentices and ratio of apprentices to journeymen. The employee's address and social security number need only appear on the first payroll on which his name appears. The payroll shall be accompanied by a "Statement of Compliance" MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 42 signed by the employer or its agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those required by the contract. The "Statement of Compliance" shall be on forms furnished by the CITY or on any form with identical wording. The CONTRACTOR shall be responsible for the submission of copies of payrolls of all subcontractors. h. If by the 15th of the month, the CONTRACTOR has not submitted satisfactory payrolls for all work performed during the monthly period ending on or before the 1st of that month, the CITY will retain an amount equal to 10 percent of the estimated value of the work performed during the month from the next monthly estimate, except that such retention shall not exceed $10,000 nor be less than $1,000. Retentions for failure to submit satisfactory payrolls shall be additional to all other retentions provided for in the contract. The retention for failure to submit payrolls for any monthly period will be released for payment on the monthly estimate for partial payments next following the date that all the satisfactory payrolls for which the retention was made are submitted. 18.13 Cultural Resources: The CONTRACTOR's attention is directed to the provisions of the Clean Water Grant Program Bulletin 76A which augments the National Historic Preservation Act of 1966 (16 U.S.C. 470 as specified under Section entitled, "Temporary Environmental Controls"of the General Requirements. 18.14 Protection of Workers in Trench Excavations: As required by Section 6705 of the California Labor Code and in addition thereto, whenever work under the Contract involves the excavation of any trench or trenches 1.5 meters (5 feet) or more in depth, the CONTRACTOR shall submit for acceptance by the CITY or by a registered civil or structural engineer, employed by the CITY, to whom authority to accept has been delegated, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation, of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by the CONTRACTOR, and all costs therefor shall be included in the price named in the Contract for completion of the WORK as set forth in the Contract Documents. Nothing in this Section shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this Section shall be construed to impose tort liability on the CITY, the ENGINEER, or any of their officers, agents,representatives,or employees. 18.15 Travel and Subsistence Pay: a. As required by Section 1773.8 of the California Labor Code the CONTRACTOR shall pay travel and subsistence payments to each worker needed to execute the WORK, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Article. b. To establish such travel and subsistence payments, the representative of any craft, classification or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within 10 days after their execution and thereafter shall establish such travel and subsistence payments whenever filed 30 days prior to the call for bids. 18.16 Removal, Relocation, or Protection of Existing Utilities: a. In accordance with the provisions of Section 4215 of the California Government Code, any contract to which a public agency as defined in Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made apart of the invitation for bids. The agency will compensate the CONTRACTOR for the costs of locating, repairing damage not due to the failure of the CONTRACTOR to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. MAIN TERMINAL RESTROOM REMODEL CONDITIONS OF THE CONTRACT PALM SPRINGS INTERNATIONAL AIRPORT GENERAL CONDITIONS-PAGE 43 b. The CONTRACTOR shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the public agency,or the owner of the utility to provide for removal or relocation of such utility facilities. c. Nothing herein shall be deemed to require the public agency to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve the public agency from identifying main or trunk lines in the plans and specifications. d. If the CONTRACTOR while performing the contract discovers utility facilities not identified by the public agency in the contract plans or specifications, he or she shall immediately notify the public agency and utility in writing. e. The public utility, where they are the owner, shall have the sole discretion to perform repairs or relocation work or permit the CONTRACTOR to do such repairs or relocation,work at a reasonable price. 18.17 Contracts for Digging Trenches or Excavations;Notice on Discovery of Hazardous Waste or Other Unusual Conditions; Investigations; Change Orders; Effect on Contract As required under Section 7104 of the Public Contracts Code (Stats. of 1989), in any public works contract of a local public entity which involves the digging trenches or other excavations that extend deeper than 1.2 meters (4 feet) below the surface shall be subject to the following conditions: The CONTRACTOR shall promptly, and before the conditions specified in Article 4.5, herein, are disturbed, notify the public entity in writing, of any of the conditions described in Article 4.5, herein. 18.18 Resolution of Construction Claims: a. As required under Section 20104, at seq., of the California Public Contract Code, any demand of$375,000 or less, by the CONTRACTOR for a time extension, payment of money, or damages arising from the work done by or on behalf of the CONTRACTOR pursuant to this Contract; or payment of an amount which is disputed by the CITY shall be processed in accordance with the provisions of said Section 20104, et. seq., relating to informal conferences, non-binding judicially-supervised mediation, and judicial arbitration. b. A single written claim shall be filed under this Article prior to the date of final payment for all demand resulting out of the Contract. c. Within 30 days of the receipt of the claim, the CITY may request additional documentation supporting the claim or relating to defenses or claims the CITY may have against the CONTRACTOR. If the amount of the claim is less than$50,000, the CONTRACTOR shall respond to the request for additional information within 15 days after receipt of the request.The CONTRACTOR shall respond to the request within 30 days or receipt if the amount of the claim exceeds$50,000, but is less than$375,000. d. Unless further documentation is requested, the CITY shall respond to the claim within 45 days if the amount of the claim is less than $50,000, or within 60 days if the amount of the claim is more than $50,000 but less than $375,000. If further documentation is requested, the CITY shall respond within the same amount of time taken by the CONTRACTOR to respond, or 15 days, whichever is greater, after receipt of the information if the claim is less than $50,000. If the claim is more than $50,000 but less than $375,000 and further documentation is requested by the CITY, the CITY shall respond within the same amount of time taken by the CONTRACTOR to respond or 30 days,whichever is greater. e. If the CONTRACTOR disputes the CITY's response, 'or the CITY fails to respond, the CONTRACTOR may demand an informal conference to meet and confer for settlement of the issues in dispute. The demand shall be served on the CITY within 15 days after the deadline of I the CITY to respond or within 15 days of the CITY's response, whichever occurs first. The CITY shall schedule the meet and confer conference within 30 days of the request. f. If the meet and confer conference does not produce a satisfactory request, the CONTRACTOR may pursue the remedies authorized by law. END OF GENERAL CONDITIONS CONDITIONS OF THE CONTRACT MAIN TERMINAL RESTROOM REMODEL GENERAL CONDITIONS PALM SPRINGS INTERNATIONAL AIRPORT PAGE 44 CONDITIONS OF THE CONTRACT SUPPLEMENTARY GENERAL CONDITIONS GENERAL These Supplementary General Conditions make additions, deletions, or revisions to the General Conditions, as indicated herein. All provisions which are not so added, deleted, or revised remain in full force and effect. Terms used in these Supplementary General Conditions which are defined in the General Conditions have the same meanings assigned to them in the General Conditions. ARTICLE 1 - SUPPLEMENTARY DEFINITIONS In addition to the definitions in the provisions of Article 1 of the General Conditions, the following respective supplemental definitions shall apply: Consultant - The engineering or architectural firm and their designated representatives acting on behalf of the City of Palm Springs as their authorized representative within the scope of authority defined in their contract with the City. Engineer - The word Engineer shall mean John R. Trueblood, California Architect C-7850, or his designated representative. Project Representative - The Project Representative shall be Craig Toms, Airport Maintenance Supervisor, of the City of Palm Springs, or such other person as may subsequently be designated by the City in writing to the Contractor. Said Project Representative shall be the only person through whom all liaison between the Contractor and the City shall be directed. Working Day-A Working Day is defined as any day, except as follows: (a) Saturdays, Sundays, and any legal holiday officially observed by the City of Palm Springs (b) Days on which the Contractor is prevented by inclement weather or conditions resulting immediately therefrom adverse to the current controlling operation or operations, as determined by the Engineer, from proceeding with at least 75 percent of the normal labor and equipment force engaged on such operation or operations for at least 60 percent of the total daily time being currently spent on the controlling operation or operations. ARTICLE 2 -PRELIMINARY MATTERS 2.1 Legal Address of the City: The official address of the City shall be City of Palm Springs 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262 or such other address as the City may subsequently designate in written notice to the Contractor. PALM SPRINGS INTERNATIONAL AIRPORT CONDITIONS OF THE CONTRACT MAIN TERMINAL RESTROOM REMODEL SUPPLEMENTARY GENERAL CONDITIONS- PAGE-I 2.2 Legal Address of the Engineer: The official address of the Engineer is 121 South Palm Canyon Drive, Suite 204, Palm Springs, California 92262 or such other address as the Engineer may subsequently designate in writing to the Contractor. 2.3 Legal address of the City's Project Representative: The name and address of the City's designated Project Representative shall be Craig Tom, Airport Maintenance Supervisor, Palm Springs International Airport, 3400 East Tahquitz Canyon Way, Palm Springs, CA 92262 or such other address, as the Resident Project Representative may subsequently designate in writing to the Contractor. ARTICLE 3 -CONTRACT DOCUMENTS; INTENT,AMENDING,AND REUSE 3.1 Contract Documents: The following subparagraph (b)shall be added to Article 3.1 of the General Conditions: (b) The location of the Work, its general nature and extent, and the form and general dimensions of the Project and appurtenant works are shown on the Drawings, hereby made a part of these Contract Documents, as listed on Sheet Number A4 of the Drawings entitled, "Main Terminal Restroom Remodel, Palm Springs International Airport" dated June 1, 2000. Drawing changes made subsequent to the date of opening bids shall only be issued under a Change Order, as provided in Article 10 of the General Conditions. The following Article 3.7 shall be added to the General Conditions: 3.7 Scope: (a) The work to be performed under this Contract shall consist of furnishing all plant, tools, equipment, materials, and manufactured articles and for furnishing all transportation services, and all fuel, power, water, and essential communications, and for the performance of all labor, work, or other operations required for the fulfillment of the Contract in strict accordance with the Specifications, Drawings„ Schedules, and other Contract Documents as defined in the Contract, all of which are made a part hereof and including such detail sketches as may be furnished by the Engineer from time to time during construction in explanation of said Drawings or other Contract Documents. (b) The Work shall be complete and operable, and all work, materials, and services not expressly called for or shown in the Contract Documents which may be necessary for the complete and proper construction of the Work in good faith shall be performed, furnished, and installed by the Contractor as though originally so specified or shown, at no additional cost to the City. PALM SPRINGS INTERNATIONAL AIRPORT CONDITIONS OF THE CONTRACT MAIN TERMINAL RESTROOM REMODEL SUPPLEMENTARY GENERAL CONDITIONS- PAGE 2 ARTICLE 4 - AVAILIBILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS The work of this project is confined to the interior of the Main Terminal of the Airport, hence the stipulations of paragraphs 4.1,4.2,4.3, 4.4 &4.5 are not applicable. ARTICLE 5 -BONDS AND INSURANCE 5.1 Performance and other Bond Amounts: a. The Contractor shall furnish a satisfactory Performance Bond and a Payment Bond, each in the amount of 100 percent of the Contract Price. b. The Contractor shall provide for a one-year extension of the Performance Bond to cover the one-year correction and repair period for correction or removal and replacement of defective work as required under Articles 13.7 and 13.8 of the General Conditions. Said Performance Bond shall be maintained at not less than 15 percent of the Contract Price during said one-year extension. 5.2 Bonding Company Waiver of Right of Notification: The Contractor shall assure that its Bonding Company is familiar with all of the terms and conditions of these Specifications, and shall obtain a written acknowledgement by the Bonding Company that said Bonding Company thereby waives the right of special notification of any changes or modifications of the Contract or of extensions of time or of decreased or increased Work or of cancellation of the Contract, or any other act or acts by the City or any of its authorized representatives. 5.3 Insurance Amounts: The limits of liability for insurance as required by Article 5.2 of the General Conditions shall provide coverage for not less that the following amounts or greater where required by Laws and Regulations: 1. Workers' Compensation: Under Article 5.2b.1 of the General Conditions: a) State: Statutory Amount Or minimum $1,000,000 b) Employers Liability: $1,000,000 2. Comprehensive General Liability: (Under Article 5.2b.2 of the General Condition: a) Bodily Injury (Including completed operations and products liability and wrongful death): $ 1,000,000 Each Occurrence is $ 1,000,000 Annual Aggregate PALM SPRINGS INTERNATIONAL AIRPORT CONDITIONS OF THE CONTRACT MAIN TERMINAL RESTROOM REMODEL SUPPLEMENTARY GENERAL CONDITIONS- PAGE 3 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 Aggregate 3. Comprehensive Automobile Liability: (Under Article 5.2b.3 of the General Conditions: 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 4. Builder's Risk: (Under Article 5.2b.5 of the General Conditions) 100 Percent of the Contract Price 6.5 Permits, License Fees, and Royalties: The following subparagraphs "d," "e," and 'T' are hereby added to Article 6.5 of the General Conditions: (d) Business License and Permits: All permits issued by the City of Palm Springs shall be obtained by the Contractor, but will be paid by the City; provided, that prior to beginning the Work hereunder, the Contractor shall obtain and pay for a City of Palm Springs business license. Except as otherwise provided herein, all permits issued by other agencies and authorities having jurisdiction shall be obtained and paid for by the Contractor. (e) Building Permits: The Contractor shall obtain all licenses and shall assist in obtaining permits required to perform the Work of this project. The general Building Permit and Plan Check Fee will be paid for by the City. Other permit fees, including encroachment fees and electrical, mechanical, and plumbing permit fees will be paid directly by the City. No separate payment therefor will be allowed under the Contract for any of the permits or fees under this Article. • PALM SPRINGS INTERNATIONAL AIRPORT CONDITIONS OF THE CONTRACT MAIN TERMINAL RESTROOM REMODEL SUPPLEMENTARY GENERAL CONDITIONS- PAGE (f) Utility Fees: Utility connection fees, lateral fees, utility structure changes and tariffs inspection fees, and similar utility-related fees will be paid for directly by the City. Annexation fees, flood control fees, pollution district fees, and similar fees will also be paid by the City. No separate payment therefor will be allowed under the Contract for any of the fees under this Article. 6.7 Laws and Regulations: The following subparagraph (d) is hereby added to Article 6.7 of the General Conditions: (d) The Work is located in the City of Palm Springs in the County of Riverside, State of California. The Contractor shall comply with all ordinances, regulations, and other lawful requirements of said City, County, and State governing the work on public property. In particular the Contractor's attention is directed to Section entitled 'Temporary Environmental Controls." ARTICLE 10 -CHANGES IN THE WORK 10.2 Allowable Quantity Variations: Deleted 10.3 Increases of More Than 25 Percent: Deleted 10.4 Decreases of More Than 25 Percent: Deleted ARTICLE 11 - PAYMENTS TO CONTRACTOR AND COMPLETION; CHANGE OF CONTRACT PRICE 11.2 Equipment: The following wording shall be added to the end of Article 11.2, subparagraph (d): Whenever under the terms of this Contract the Contractor is entitled to additional payment for the use of rental equipment, the Contractor will be paid for the use of the Equipment at the rental rate listed for such equipment specified in the current edition of the following reference publication: "Labor Surcharge and Equipment Rental Rates" as published by the State of California, Department of Transportation, Sacramento, CA. AED Green Book, 48th Edition, 1997 Rental Rates & Specifications for Construction Equipment, as published and compiled by Machinery Information Division of K-III Directory Corporation, 1735 Technology Drive, Suite 410, San Jose, CA 95110-1313 Telephone (800) 669-3282. PALM SPRINGS INTERNATIONAL AIRPORT CONDITIONS OF THE CONTRACT MAIN TERMINAL RESTROOM REMODEL SUPPLEMENTARY GENERAL CONDITIONS- PAGE 5 • ARTICLE 13 - WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK is 13.4 Tests and Inspections: The following subparagraph 7'is hereby added to Article 13.4 of the General Conditions: (f) All Special Inspections required under the provisions of Section 305 of the Uniform Building Code will be provided and paid for by the City. 13.8 Correction Period: References to a Correction and Repair Bond as referred to in General Conditions Article 13.8, subparagraph d, shall be as specified in the Supplementary General Conditions, Article 5.1, subparagraph b. ARTICLE 14-PAYMENTS TO THE CONTRACTOR AND COMPLETION 14.2 Unit Price Bid Schedule: Deleted. 14.3 Application for Progress Payment: The following provision shall be added to Article 14.3c of the General Conditions: In addition to the provisions of Article 14.11 of the General Conditions for withholding of funds from the Final Payment, the City may retain a portion of the amount of each progress payment otherwise due to the Contractor, as follows: 1. The City will retain 10 percent of each approved progress payment until the Work is 50 percent complete; then, the City may at its option suspend further retainage until the final progress payment. 2. The City reserves the right to reinstate up to 10 percent retainage of the total of the Work done if the City determines, at its discretion, that the Contractor is not performing the Work satisfactorily, or there is other speck cause for such retainage. 14.3 Application for Progress Payment: Add a new subparagraph (e), as follows: (e) For all long lead purchases of electrical and mechanical building equipment that has been delivered to the site and safely and securely stored in accordance with the requirements of Section 01600, Materials and Equipment, the City will pay 50 percent of the Supplier's invoice price to the Contractor; provided, that no payment will be made for any materials, equipment, or components thereof, whose value is less than $5000 dollars. PALM SPRINGS INTERNATIONAL AIRPORT CONDITIONS OF THE CONTRACT MAIN TERMINAL RESTROOM REMODEL SUPPLEMENTARY GENERAL CONDITIONS- PAGE 6 0 ARTICLE 18 -CALIFORNIA STATE REQUIREMENTS 18.1 Prevailing Wage Rates Not Applicable. - Funding for the Work is with all local funds and, as provided under the City Charter, will NOT require compliance with the prevailing wage requirements of the State of California. 18.3 Deleted. 18.12 Deleted. END OF SUPPLEMENTARY GENERAL CONDITIONS- PALM SPRINGS INTERNATIONAL AIRPORT CONDITIONS OF THE CONTRACT MAIN TERMINAL RESTROOM REMODEL SUPPLEMENTARY GENERAL CONDITIONS- PAGE 7 CITY OF PALM SPRINGS • PROJECT MANUAL PART III - TECHNICAL SPECIFICATIONS DIVISION 1 Section 01010 Summary of Work Section 01030 Alternates Section 01045 Cutting & Patching Section 01095 Reference Standards & Definitions Section 01200 Project Meetings Section 01300 Submittals Section 01400 Quality Control Section 01500 Temporary Facilities Section 01540 Protection of Existing Facilities Section 01550 Site Access & Parking Section 01700 Contract Closeout DIVISION 2 Section 02070 Selective Demolition DIVISION 6 Section 06400 Architectural Millwork DIVISION 7 Section 07900 Joint Sealants DIVISION 8 Section 08100 Steel Doors & Frames Section 08305 Access Doors Section 08700 Finish Hardware DIVISION 9 Section 09220 Lath & Portland Cement Plaster Section 09260 Gypsum Board Systems Section 09300 Ceramic Tile Section 09900 Painting DIVISION 10 Section 10160 Toilet Partitions DIVISION 15 Section 15440 Plumbing Fixtures DIVISION 16 Section 16060 Electrical Demolition Section 16500 Light Fixtures PALM SPRINGS INTERNATIONAL AIRPORT TECHNICAL SPECIFICATIONS MAIN TERMINAL RESTROOM REMODEL PART III SUMMARY OF WORK SECTION 01010 1.01 SUMMARY OF THE WORK A. The Work to be performed under this Contract can be generally described as the complete renovation of the Mens and Womens Toilet Rooms off the main lobby of the Main Terminal at Palm Springs International Airport at 3400 E. Tahquitz Canyon Way in Palm Springs, California. The Work includes furnishing all plant, tools, equipment, materials, supplies and manufactured articles for the project. It shall also include the furnishing of all transportation and services, including all necessary utilities to support the performance of constructing the work as indicated in these Contract Documents. 1.02 SPECIFICS OF THE WORK A. The Work includes the following items of work: 1. Remove all plumbing fixtures, trim and accessories. 2. Remove toilet partitions, toilet accessories, counters and shelves. 3. Remove those walls and parts of walls shown to be removed and necessary for the new work illustrated. 4. Remove all access panels and air grilles. 5. Re-configure plumbing piping to accommodate new fixtures as shown. 6. Install new thin set floor tile and cove base over existing floor tile, repair floor where required and adjust drains and clean outs as needed. 7. Remove existing and install new recessed light fixtures and install new recessed light fixtures over lavatory counters and along water closet wall. 8. Install new toilet accessories as indicated. 9. Install new countertops and splashes. 10. Install new plumbing fixtures and trim. 11. Install new toilet partitions. 12. Paint ceilings and new bulkheads. 13. Other work as indicated. 1.03 COMMENCEMENT AND COMPLETION OF THE WORK A. In accordance with Article 2 of the Agreement the Contractor shall begin the Work on the date specified in the Notice to Proceed from the City, and shall complete all work included in the Contract within 45 calendar days of the commencement date. Time stated for completion shall include final clean-up of the premises. 1.04 TYPE OF CONTRACT A. The Work shall be constructed under a single lump sum contract. B. The Contractor shall include the requirements of the General Conditions and Supplementary General Conditions of the Contract as a part of all of its sub-contract agreements. PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 01010-1 SUMMARY OF WORK SECTION 01010 1.05 WORK BY OTHERS A. The Contractor shall cooperate fully with all utility forces of the City or forces of other public or private agencies engaged in the relocation, altering, or otherwise rearranging of facilities which interfere with the progress of the Work, and shall schedule the Work so as to minimize interference with said relocation, altering, or other re-arranging of utilities. 1.06 CONTRACTOR'S USE OF THE PROJECT SITE A. The Contractor's use of the project site shall be limited to its construction operations, including minimal on-site storage of materials, on-site fabrication facilities and project office as directed by the Airport. B. The work site is very limited in space and, therefore, materials and equipment must be scheduled such that they are only delivered to the site when ready for installation. The means and routing of access into the Work area must be coordinated with, and approved by, the Airport. 1.07 AIRPORT SECURITY A. The project site is not located within the secure area of the Airport, however, certain security requirements must be observed while present in the Terminal area. Additionally, there will be occasions during the progress of the work when access will have to be arranged to enter the secure area. The Contractor must coordinate the Work operations to comply with all Airport Regulations. END OF SECTION PALM SPRINGS INTERNATIONAL AIRPORT 01010-2 MAIN TERMINAL RESTROOM REMODEL ALTERNATES SECTION 01030 1.01 GENERAL A. This section describes the changes to be made under each alternate proposal requested. The Bid form includes sections where the Contractor's price proposal for each of the following alternates must be entered. B. Specific specification sections contain the pertinent requirements for materials and methods to achieve the work described. Contractor must coordinate related work and modify surrounding work, as required, to incorporate or remove each of the following described changes. 1.02 ALTERNATE NO. 1 - URINAL REVISION A. As described in these Specifications and on the Drawings revise the urinal configuration from that shown in the basic work to that shown under the designation, Alternate No. 1. In, general, the revision includes the following: 1. In lieu of providing the urinal type and arrangement as shown on the basic construction provide the alternate urinal type and install them on different centers than shown on the original. This involves revising the plumbing utility connection to each of the urinals. 2. Between each of the urinals in this alternate arrangement provide a urinal screen as described in Section 10160, 0 3. Refer specifically to the Plumbing Plan on Drawing A 5 and the Floor Plan on Drawing A 2. END OF SECTION 0 PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 01030-1 CUTTING AND PATCHING SECTION 01045 PART 1 - GENERAL 1.01 SECTION INCLUDES A. Requirements and limitations for cutting and patching and patching of Work. B. Cutting and patching tile, metal stud and plaster walls, plaster ceilings, and other constructions. 1.02 RELATED SECTIONS A. Section 01700 - Contract Closeout B. Section 09220 - Portland Cement Plaster System C. Section 09300 - Ceramic Tile 1.03 REGULATORY REQUIREMENTS A. Conform to the City of Palm Springs, Uniform Building Code, California OSHA requirements for demolition work, safety of structure, dust control and worker's safety. PART 2 - PRODUCTS 2.01 MATERIALS A. New finishes and finish materials shall match existing in texture, quality and appearance. PART 3 - EXECUTION 3.01 EXAMINATION A. Inspect existing conditions prior to commencing work, including elements subject to damage or movement during cutting and patching. B. After uncovering existing work, inspect conditions affecting the new work. Bring to the attention of the Engineer any condition which is substantially different from what the Drawings show or could be reasonably inferred from general construction practices occurring elsewhere in the Project. C. Beginning of cutting or patching means acceptance of existing conditions. 3.02 PREPARATION A. Provide temporary supports to ensure structural integrity of the Work. Provide devices and methods to protect other portions of the the Project from damage. B. Provide protection for areas that are not to be affected by renovation work. PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 01045-1 CUTTING AND PATCHING SECTION 01045 3.03 CUTTING AND PATCHING A. Make no cuts in structural memebers (beams, joints, columns) without prior approval of the Engineer. B. After cutting inspect remaining portion of the work and confirm the stability, strength and adequacy to provide a rigid, firm and continuous backing for attachment of new or repaired work. 3.04 PERFORMANCE A. Execute the work by methods to avoid damage to other Work, and which will provide appropriate surfaces to receive patching and finishing, Cut rigid materials using masonry saw or core drill. Pneumatic tools not allowed with prior approval. B. Restore work with new products in accordance with requirements of the Contract Documents. C. Where backing or reinforcement is integral with finish material, carefully preserve backing or reinforcement to permit proper attachment or placement of new material so finish is integral and well anchored to existing. D. Refinish surface to match adjacent finish. For continuous surfaces, refinish to nearest intersection or natural break. Don not apply new finish to only a portion of a wall surface. For and assembly, refinish entire unit. END OF SECTION PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 01045-2 REFERENCE STANDARDS & DEFINITIONS SECTION 01095 1.01 GENERAL A. Titles of Sections and Paragraphs: Captions accompanying specification sections and paragraphs are for convenience of reference only, and do not form a part of the Specifications. B. Applicable Publications: Whenever in these specifications references are made to published specifications, codes, standards, or other requirements, it shall be understood that wherever no date is specified, only the latest specifications, standards, or requirements of the respective issuing agencies which have been published as of the date that the Work is advertised for bids, shall apply; except to the extent that said standards or requirements may be in conflict with applicable laws, ordinances, or goveming codes. No requirements set forth herein or shown on the drawings shall be waived because of any provision of,or omission from, said standards or requirements. 1.02 REFERENCE SPECIFICATIONS, CODES,AND STANDARDS A. Without limiting the general provisions of other portions of the specifications, all work specified herein shall conform to or exceed the requirements of all applicable codes and the applicable requirements of the following documents to the extent that the provisions of such documents are not in conflict with the requirements of these Specifications nor the applicable codes. B. References herein to codes shall mean the following listed codes, as adopted by the City of Palm Springs, including all addenda, modifications, amendments, or other lawful changes thereto: Uniform Building Code, 1997 Edition,as published by the International Conference of Building Officials(ICBO) Uniform Plumbing Code, 1997 Edition, as published by the International Association of Plumbing and Mechanical Officials(IAPMO) Uniform Mechanical Code, 1997 Edition, as Published by the Intemational Conference of Building Officials(ICBO) National Electrical Code, 1996 Edition, as Published by the National Fire Protection Association(NFPA) Califomia Code of Regulations,Title 19 Public Safety,and Title 24 Building Standards. C. In case of conflict between codes, reference standards, drawings and the other Contract Documents, the most stringent requirements shall govern. All conflicts shall be brought to the attention of the Engineer for clarification and directions prior to ordering or providing any materials or labor. The Contractor shall bid the most stringent requirements. D. Applicable Standard Specifications: The contractor shall construct the Work specified herein in accordance with the requirements of the Contract Documents and the referenced portions of those referenced codes, standards, and specifications listed herein; except, that whenever references to "Standard Specifications" are made, the provisions therein for measurement and payment shall not apply. E. Applicable Safety Standards: References herein to "Cal-OSHA" shall mean State of Califomia, Department of Industrial Relations, Construction Safety Orders, as amended to Date, and all changes and amendments thereto which are effective as of the date of construction. PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 01095-1 REFERENCE STANDARDS & DEFINITIONS SECTION 01095 F. References herein to "OSHA Standards" shall mean Title 29, Part 1910, Occupational Safety and Health Standards, Code of Federal Regulations] (OSHA), including all changes and amendments thereto. 1.03 ABBREVIATIONS AND ACRONYMS A. Wherever in these Specifications references are made to the standards, specifications, or other published data of the various national, regional, or local organizations, such organizations may be referred to by their acronym or abbreviation only. As a guide to the user these specifications, the following acronyms or abbreviations which may appear in these specifications shall have the meanings indicated herein. AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute AGC Associated General Contractors AI The Asphalt Institute AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction AMCA Air Moving and Conditioning Association ANSI American National Standards Institute, Inc. APA American Plywood Association APWA American Public Works Association ASCE American Society of Civil Engineers ASHRAE American Society of Heating, Refrigerating,and Air-Conditioning Engineers ASME American Society of Mechanical Engineers ASQC American Society for Quality Control ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWPI American Wood Preservers Institute AWS American Welding Society AWWA American Water Works Association Cal-OSHA California Construction Safety Orders CBM Certified Ballast Manufacturer's CLPCA California Lathing&Plastering Contractors Assn CLFMI Chain Link Fence Manufacturer's Institute CMA Concrete Masonry Association CRSI Concrete Reinforcing Steel Institute ETL Electrical Test Laboratories ICBO International Conference of Building Officials IEEE Institute of Electrical and Electronics Engineers IES Illuminating Engineering Society IPCEA Insulated Power Cable Engineers Association ISA Instrument Society of America ITE Institute of Traffic Engineers MBMA Metal Building Manufacturer's Association NACE National Association of Corrosion Engineers NBS National Bureau of Standards NEC National Electrical Code NEMA National Electrical Manufacturerp Association PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 01095-2 REFERENCE STANDARDS & DEFINITIONS SECTION 01095 NFPA National Fire Protection Association NFPA National Forest Products Association OSHA Occupational Safety and Health Admin. (Federal) PCA Portland Cement Association RIS Redwood Inspection Service SMACCNA Sheet Metal and Air Conditioning Contractors National Association SSPC Steel Structures Painting Council SSPWC Standard Specifications for Public Works Construction UBC Uniform Building Code UL Underwriters Laboratories, Inc. WCLIB West Coast Lumber Inspection Bureau WCRSI Western Concrete Reinforcing Steel Institute WIC Woodwork Institute of California WRI Wire Reinforcement Institute, Inc. WWPA Western Wood Products Association END OF SECTION PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 01095-3 PROJECT MEETINGS SECTION 01200 1.01 GENERAL A The Contractor, along with the Contractors Superintendent or Project Manager, as a minimum, shall attend all meetings scheduled by the Engineer for coordination and collection and dissemination of information related to the Work. B. The Engineer will prepare the minutes of each meeting and will distribute them to each of the participants. 1.02 PRECONSTRUCTION CONFERENCE A. Prior to the commencement of Work at the site, a Preconstruction conference will be held at a mutually agreed time and place which shall be attended by the Contractor, its superintendent, and its sub-contractors as appropriate.Other attendees will be: 1. Engineer and/or the City's Project Representative. 2. Representatives of City. 3. Others as requested by Contractor, City, or Engineer. B. Unless previously submitted to the Engineer, the Contractor shall bring to the conference one copy each of the following: 1. Tentative Construction Schedule. 2. Shop Drawing/SampletSubstitute or"Or Equal"submittal schedule. 3. Schedule of values(lump sum price breakdown)for progress payment purposes. C. The purpose of the conference is to designate responsible personnel and establish a working relationship. Matters requiring coordination will be discussed and procedures for handling such matters established. The complete agenda will be furnished to the Contractor prior to the meeting date,which may include the following: 1. Contractor's tentative schedules. 2. Transmittal, review,and distribution of Contractor's submittals. 3. Processing applications for payment. 4. Maintaining of record documents. 5. Critical work sequencing. 6. Field decisions and Change Orders. 7. Use of project site, office and storage areas, security, housekeeping,and City's needs. • 8. Major equipment deliveries and priorities. PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 01200-1 PROJE SECTION 01200 CT MEETINGS 9. Contractor's assignments for safety and first aid. D. The Engineer will preside at the preconstruction conference and will arrange for keeping the minutes and distributing the minutes to all persons in attendance. END OF SECTION PALM SPRINGS INTERNATIONAL AIRPORT 01200-2 MAIN TERMINAL RESTROOM REMODEL SUBMITTALS . SECTION 01300 1.01 GENERAL A. The term "submittal" as used herein shall mean any drawing, calculation, specification, product data, samples, manuals, requests for substitutes, spare parts, photographs, survey data, record drawings, bonds, or similar items required to be submitted to the Engineer under the terms of the contract. B. All subcontractor and supplier or fabricator submittals shall be carefully reviewed by an authorized representative of the Contractor, prior to submittal to the Engineer. Each submittal of the Contractor or its subcontractors and suppliers or fabricators shall be dated, signed, and certified by the Contractor, as being correct and in strict conformance with the Contract Documents. C. The Engineer's review of Contractor submittals shall not relieve the Contractor of the entire responsibility for the correctness of details and dimensions. The Contractor shall assume all responsibility and risk for any misfits due to any errors in Contractor submittals. The Contractor shall be responsible for the dimensions and the design of adequate connections and details. 1.02 PROPOSED SUBSTITUTES OR"OR EQUAL"ITEMS A. For convenience in designation in the Contract Documents, a brand or trade name may be specified. The use of any substitute material, product, or equipment which is equal in quality and utility and possesses the required characteristics for the purpose intended will be permitted, subject to the following requirements: 1. The burden of proof as to the quality and utility of any such substitute material, product, or . equipment shall be upon the Contractor. 2. The Engineer will be the sole judge as to the quality and utility of any such substitute material, product, or equipment and its decision shall be final. 1.03 SHOP DRAWINGS A. Wherever called for in the Contract Documents, or where required by the Engineer, the Contractor shall furnish to the Engineer for review, 4 copies of each shop drawing submittal. The term "Shop Drawings" as used herein shall be understood to include detail design calculations, shop drawings, fabrication and installation drawings, erection drawings, lists, graphs, operating instruction, catalog sheets, data sheets, and similar items. Unless otherwise required, said Shop Drawings shall be submitted to the Engineer at a time sufficiently early to allow review of same by the Engineer, and to accommodate the rate of construction progress required under the Contract. B. Fabrication of an item may be commenced only after the Engineer has reviewed the pertinent submittals and returned copies to the Contractor marked either "NO EXCEPTIONS TAKEN" or "APPROVED" or "ACCEPTED" or "MAKE CORRECTIONS NOTED." Corrections indicated on submittals shall be considered as changes necessary to meet the requirements of the Contract Documents and shall not be taken as the basis of claims for extra work. 1.04 SAMPLES A. Unless otherwise specified, whenever in the Specifications samples are required, the Contractor shall submit not less than 3 units of each such sample item or material to the Engineer for approval at no additional cost to the City. PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 01300-1 SUBMITTALS SECTION 01300 B. Samples, as required herein, shall be submitted for approval prior to ordering such material for delivery to the job-site, and shall be submitted in an orderly sequence so that dependent materials or equipment can be assembled and reviewed without causing delays in the Work. 1.05 RECORD DRAWINGS A. The Contractor shall keep and mairdain, at the job site, one record set of Contract Drawings. On these, it shall mark all project conditions, locations, configurations, and any other changes or deviations which may vary from the details represented on the original Contract Drawings, including buried or concealed construction and utility features which are revealed during the course of construction. B. These master record drawings of the Contractor's representation of"as-built" conditions, including all revisions made necessary by addenda, change orders, and the like shall be maintained up-to-date during the progress of the Work. C. Final Record Drawings: Upon substantial completion of the Work and prior to final acceptance by the City,the Contractor shall complete and deliver the completed set of Record Drawings to the Engineer for transmittal to the City, conforming to the construction records of the Contractor. This set of drawings shall consist of corrected plans showing the reported location of the Work. The information submitted by the Contractor and incorporated by the Engineer into the Record Drawings will be assumed to be reliable, and the Engineer will not be responsible for the accuracy of such information, nor for any errors or omissions which may appear on the Record Drawings as a result. • D. Effect on Final Payment: Final payment will not be approved until the Contractor- prepared Final Record Drawings have been delivered to the Engineer. Said up-to-date, Record Drawings may be in the form of a set of prints with carefully plotted information overlaid in pencil. END OF SECTION PALM SPRINGS INTERNATIONAL AIRPORT 013OO-Z MAIN TERMINAL RESTROOM REMODEL QUALITY CONTROL SECTION 01400 1.01 SITE INVESTIGATION AND CONTROL A. The Contractor shall verify all dimensions in the field and shall check all field conditions continuously during construction.The Contractor shall be solely responsible for any inaccuracies built into the Work. B. The Contractor shall inspect related and appurtenant work and shall report in writing to the Engineer any conditions which will prevent proper completion of the Work. Any required removal, repair, or replacement caused by unsuitable conditions shall be done by the Contractor at its sole cost and expense. 1.02 INSPECTION OF THE WORK A. General: The Work shall be conducted under the general observation of the Engineer and shall be subject to intermittent or continuous inspection by representatives of the City to assure strict compliance with the requirements of the Contract Documents. The presence of an inspector, however, shall not relieve the Contractor of the responsibility for the proper execution of the Work in accordance with all requirements of the Contract Documents. Compliance is distinctly a duty of the Contractor, and said duty shall not be avoided by any act or omission on the part of an inspector. 1.03 SAMPLING AND TESTING A. Unless otherwise specified, all sampling and testing shall be in accordance with the methods prescribed in the current standards of the ASTM or other specified published standards, as applicable to the class and nature of the article or materials considered; however, the City reserves the right to use any generally-accepted system of sampling and testing which, in the opinion of the Engineer will assure the City that the quality of the workmanship is in full accord with the Contract Documents. B. Any waiver by the City of any specific testing or other quality assurance measures, whether or not such waiver is accompanied by a guarantee of substantial performance as a relief from the specified testing or other quality assurance requirements as originally specified, and whether or not such guarantee is accompanied by a performance bond to assure execution of any necessary corrective or remedial Work, shall not be construed as a waiver of any prescriptive or performance requirements of the Contract Documents. C. Notwithstanding the existence of such waiver, and in addition to any testing and inspection performed by any other inspector on behalf of the City or any other public agency having jurisdiction, the Engineer shall have the right to make independent investigations and tests, and failure of any portion of the Work to meet any of the requirements of the Contract Documents, shall be reasonable cause for the Engineer to require the removal or correction and reconstruction of any such work in accordance with the General Conditions. 1.04 TIME OF INSPECTIONS AND TESTS A. Samples and test specimens required under the Contract Documents shall be furnished by the Contractor and prepared for testing in ample time for the completion of the necessary tests and analyses before the subject materials or articles are to be used. The Contractor shall furnish all required test specimens at its own expense. Except as otherwise provided in the Contract Documents, performance of the required tests will be by the City, and all costs therefor will be bome by the City; except,that the cost of any test which shows unsatisfactory results shall be bome by the Contractor. END OF SECTION PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 01400-1 TEMPORARY UTILITIES SECTION 01500 1.01 GENERAL A. It shall be the Contractors responsibility to provide plant and equipment that is adequate for the performance of the Work under this Contract within the time specified. All such wont shall be subject to inspection and approval by the Engineer at any time within the duration of the Contract. B. All work hereunder shall conform to the applicable requirements of Cal-OSHA Construction Safety Orders. 1.02 POWER AND LIGHTING A. Power: The Owner shall provide all necessary temporary power required for this Work. The Contractor shall provide all distribution of the power necessary to perform his work. B. Construction Lighting: The Contractor shall provide all necessary fixtures to provide adequate lighting required for the conduct of wont. C. Separation of Circuits: Unless otherwise permitted by the Engineer, circuits separate from lighting circuits shall be used for all power purposes. D Construction Wiring: All wiring for temporary electric light and power shall be properly installed and maintained and shall be securely fastened in place. 1.03 WATER SUPPLY A. General:The City will furnish,without charge, reasonable quantities of water required by the Contractor in performance of the Work under the Contract; however,the Contractor shall provide all facilities necessary to convey the water from the City-designated source to the points of use in accordance with the requirements of the Contract Documents. 1.04 SANITATION A. Toilet Facilities:The Contractor's personnel may use the Airport restrooms. 1.05 TELEPHONE COMMUNICATIONS A. The Contractor shall provide and maintain at all times during the progress of the Work, a telephone number where the Contractor's on-site representative can be contacted at all times while the Work is in progress. END OF SECTION PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 01500-1 PROTECTION OF EXISTING FACILITIES SECTION 01540 1.01 GENERAL A. The Contractor shall protect all existing utilities and improvements not designated for removal and shall restore damaged or temporarily relocated utilities and improvements to a condition equal to or better than they were prior to such damage or temporary relocation, all in accordance with requirements of the Contract Documents. B. The Contractor shall verify the exact locations all utilities shown and the Contractor shall make exploratory investigations of all utilities that may interfere with the Work. All such investigations shall be performed as soon as practicable after award of contract and, in any event, a sufficient time in advance of construction to avoid possible delays to the Contractor's work. 1.02 EXISTING UTILITIES AND IMPROVEMENTS A. General: The Contractor shall take all possible precautions for the protection of unforeseen utility lines to provide for uninterrupted service and to provide such special protection as may be necessary. B. Utilities to be Moved: When utility lines that are to be removed are encountered within the area of operations, the Contractor shall notify the Engineer a sufficient time in advance for the necessary measures to be taken to prevent interruption of service. C. Where the proper completion of the Work requires the temporary or permanent removal and/or relocation of an existing line which is shown,the Contractor,without unnecessary delay,shall temporarily replace or relocate such line. END OF SECTION PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 01540-1 SITE ACCESS AND PARKING SECTION 01550 1.01 GENERAL A. The Contractor shall take all necessary precautions for the protection of the Work and the safety of the public. 1.02 WORK AREA ACCESS A. The Work is located within the Airport terminal where there can be no disruption of the Airport operations. Access to the work area will be through the Baggage Claim doors and directly to the enclosure. The Contractor must take all precautions necessary to protect existing facilities form damage. These precautions must be as approved by the Airport. B. All deliveries of materials and removal of waste materials must be coordinated with the Airport as to the timing. 1.03 PARKING A. The Airport Maintenance Supervisor will identify areas for the Contractor's parking. END OF SECTION PALM SPRINGS INTERNATIONAL AIRPORT 01550-1 MAIN TERMINAL RESTROOM REMODEL CONTRACT CLOSEOUT SECTION 01700 1.01 FINAL CLEANUP A. The Contractor shall promptly remove from the vicinity of the completed Work, all rubbish, debris, unused materials, concrete forms, construction equipment, and temporary structures and facilities used during construction. Final acceptance of the Work by the City will be withheld until the Contractor has satisfactorily complied with the foregoing requirements for final cleanup of the Work area. 1.02 FINAL SUBMITTALS A. The Contractor, prior to requesting its final progress payment, shall submit the following items to the Engineer for transmittal to the City: 1. Written guarantees or warranties,where required 2. Maintenance instructions 3. Maintenance stock items, spare parts; special tools 4. Completed final Record Drawings 5. Bond for correction and repair period 6. Certificates of inspection and acceptance by local governing agencies having jurisdiction 1.03 COMPLETION OF THE WORK A. Completion of the Work, as the term is used in this Contract shall mean substantial completion of the Work and acceptance by the City. Substantial completion shall mean substantial performance of the Contract, which shall exist where there has been no willful departure from the terms of the Contract, and no omission in essential points, and the Contract has been honestly and faithfully performed in its material and substantial particulars, and the only variance consists of technical or relatively unimportant omissions or defects, and the Work can be used or occupied for the purpose for which it was intended. B. The date of substantial completion of the Project shall be the date when the construction is sufficiently completed, in accordance with the Contract Documents, as modified by any change orders agreed to by the parties, so that the City can occupy or utilize the project for the use for which it was intended, and the legislative body of the City has accepted the Project as evidenced by execution and recording of a Notice of Completion. 1.04 REMAINING PUNCH LIST ITEMS A. Upon attaining completion/substantial completion as defined in Article 14.7 of the General Conditions and upon acceptance of the Work by the City, by agreement between the parties some small remaining punch list items may remain to be completed by the Contractor, as provided under the provisions for"Completion of the Work"in Paragraph 1.04A, herein. B. As provided in Articles 14.11 and 14.12 of the General Conditions, the City shall have the right to retain an additional amount of money from the final progress payment due the Contractor, equal to 1.5 times the Engineer's estimate of the value of such uncompleted punch list items. The Contractor hereby agrees to complete all such outstanding punch list items within 30 calendar days following the date of the Notice of Completion and acceptance of the Work by the City. PALM SPRINGS INTERNATIONAL AIRPORT - MAIN TERMINAL RESTROOM REMODEL 01700-1 CONTRACT CLOSEOUT SECTION 01700 C. As provided in Article 14.12 of the General Conditions, failure of the Contractor to complete or correct all such outstanding punch list work to the satisfaction of the Engineer within 30 calendar days following acceptance and Notice of Completion, shall constitute a waiver by the Contractor of all rights to any and all claims it may have to all monies withheld by the City under the Contract to cover the value of such uncompleted or uncorrected items. 1.06 CORRECTION AND REPAIR PERIOD A. The Contractor shall comply with the correction and repair requirements contained in Article 13 of the General Conditions. B. The Contractor shall make all repairs and replacements promptly upon receipt of written order from the City. If the Contractor fails to make such repairs or replacements promptly, the City reserves the right to do the work or to have the work done by others and the Contractor and its Surety shall be liable to the City for the cost thereof. 1.07 SEPARATE CORRECTION AND REPAIR BOND A. The Contractor shall provide a bond to guarantee performance of the provisions contained in Paragraph entitled"Correction and Repair,"above,and Article 13 of the General Conditions. END OF SECTION i PALM SPRINGS INTERNATIONAL AIRPORT 01700-2 MAIN TERMINAL RESTROOM REMODEL SELECTIVE DEMOLITION SECTION 02070 PART 1 - GENERAL 1.01 SECTION INCLUDES A. Removal of designated wall framing, ceilings, electrical fixtures, counters, and other equipment and finishes. 1.02 RELATED SECTIONS A. Section 01045 - Cutting and Patching B. Section 01700 - Contract Closeout C. Section 09220 - Portland Cement Plaster System D. Section 09300 - Ceramic Tile 1.03 REGULATORY REQUIREMENTS A. Conform to the City of Palm Springs, Uniform Building Code, California OSHA requirements for demolition work, safety of structure, dust control and worker's safety. B. Obtain required permits from City of Palm Springs. C. Conform to State AB 2040, State Business and Professions Code, Education Code, Health and Safety Code, and Labor Code. 1.04 PERMITS AND FEES A The Contractor shall pay all fees and permits for trash disposal and demolition. B. A building permit will be required. The fee will be waived. PART 2 - PRODUCTS NOT USED PART 3 - EXECUTION 3.01 PREPARATION A. Provide, erect, and maintain temporary barriers for safety of worker's and public. B. Coordinate with Airport Maintenance Supervisor regarding the location of dust enclosures to protect airport lobby from dust and debris. C. Protect existing materials, surfaces and finishes that are not to be demolished. 3.02 DEMOLITION REQUIREMENTS A. Conduct demolition to minimize interference with adjacent building areas. B. Cease operations immediately if structure appears to be in danger. Notify Owner. Do not resume operations unitl directed by Owner's Representative. C. Remove demolished materials from the site. Upon completion of work leave areas in clean 1191 condition. PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 02070-1 SELECTIVE DEMOLITION • SECTION 02070 3.03 STORAGE / SALVAGE A. Remove carefully all items noted in the these Specifications, on the Drawing or identified by the Airport Maintenance Supervisor. B. Store items for re-installation on site, in a location approved by the Airport Maintenance Supervisor. C. Protect items being stored. D. Damage to items removed and stored by the Contractor shall be the full responsibility of the Contractor, and shall be repaired or replaced by the Contractor at no additional cost to the Owner. The Owner shall be the sole judge as to damage by the Contractor. 3.4 DEMOLITION SCHEDULE A. Demolish in an orderly and careful manner. Protect existing supporting structural members, and finishes to remain after the Work is in place. B. Men's and Women's Toilets: 1. Walls: Removed identified wall . door in Men's room. 2. Countertops: Remove existing counters and shelves. 3. Toilet Partitions: Remove and legally dispose of. 4. Plumbing: Existing floor drains and clean outs shall remain; do not damage. 5. HVAC: Remove existing registers and grilles; replace with new. 6. Electrical: Remove all existing light fixtures; replace with new. 7. Fixtures: Remove all toilet fixtures; replace with new. 8. Toilet accessories: Store and protect the sanitary napkin dispensers, sanitary napking disposals and toilet seat cover dispensers for re-installing. 9. Other toilet accessories and mirrors: Remove and turn over to the Owner. END OF SECTION PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 02070-2 ARCHITECTURAL MILLWORK SECTION 06400 PART 1 -GENERAL 1.01 SUMMARY A. Section Includes: 1. Shop fabricated architectural millwork, accessories and finishes. 1.02 REFERENCES A. Woodwork Institute of California (WIC) - Manual of Millwork. 1.03 QUALITY ASSURANCE A. Reference specifications and standards: Woodwork Institute of California (WIC) "Manual of Millwork" and the Architectural Woodwork Institute (AWI) finish system unless otherwise specified in this Section. In case of conflict, comply with the most stringent. B. The work hereunder shall be performed by a single entity, certified to by the WIC and further subject to Architect's acceptance, with unit responsibility for field measurements, submittals, fabrication, finishing and field erection. C. Fabricator's Qualifications: A firm with not less than five years experience in the specified unit responsibility with a background of not less than three installations of comparable size and scope to that herein specified. D. Field Measurements: Field measure prior to preparation of shop drawings and fabrication; do not delay job progress. 1.04 SUBMITTALS A. Shop Drawings: 1. Steel backing plates and wood blocking locations required for anchoring or supporting work in this section. 2. Provide WIC Certified Compliance Label on shop drawings. B. Samples: 1. Submit samples of countertop material. C. Maintenance Instructions: 1. Cleaning procedures, adjustments, touch-up for shop finishes. 2. Manufacturer's recommended cleaning materials and application methods. 1.05 DELIVERY, STORAGE AND HANDLING A. Do not deliver items until site conditions are adequate to receive the work. Protect items from weather while in transit, and against moisture and abrasion after delivery. B. Store indoors, in ventilated areas with constant but minimum temperature of 60' F and maximum relative humidity of 25% to 55%. At least seven days prior to installation and during installation, maintain 700 F and relative humidity of 50% to 55%. C. Protect items hereunder through substantial completion of the project. PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 06400-1 ARCHITECTURAL MILLWORK SECTION 06400 1.06 WARRANTY A. Warranty shall provide for making good or replacing, at no cost to the owner, cabinetwork and architectural woodwork items which exhibit defects in material and workmanship within a minimum period of two years from date of substantial completion. B. Contractor shall be responsible for damage to, and work required by, other trades as a result of his warranty work. PART 2 - PRODUCTS 2.01 SOLID SURFACING MATERIAL COUNTERTOPS A. Quality Standard: Comply with WIC Section 17D, "Decorative Synthetic Marble Countertops and Sinks". Grade: Premium B. Fabrication: Fabricate tops in one piece with shop applied backsplashes and edges. Comply with surfacing material manufacturer's recommendations for adhesives, sealers, fabrication and finishing. 1. Install integral sink bowls in countertops in the shop. 2. Drill holes in countertops for plumbing fittings and soap dispensers in the shop. C. Material: % " thick, Conan, Sierra, Oceanic PART 3 - EXECUTION 3.01 INSTALLATION A. Set and secure millwork items in place, rigid, plumb and square, and in compliance with the referenced standards. 1. Shim as required, using concealed shims. B Cleaning and Touch-up: 2. Clean millwork on exposed and semi-exposed surfaces. C. Acceptable Tolerances: 1. Variation from true position: Maximum 1/16" at any position and maximum 1/8" in any 10'-0" length. 2. Adjoining surfaces of same material: No variation permitted. 3. Offset with abutting materials: Maximum 1/32". 3.02 WORKMANSHIP i A. Comply with the requirements of the referenced standards. B. Completed work shall be rigid, plumb or level,i as appropriate. C. Work shall be free from damage, flaws, blemjshes or other defects. END OF SECTION PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 06400-2 JOINT SEALANTS SECTION 07900 PART 1 - GENERAL 1.01 SUMMARY A. Section Includes: 1. All sealant joints as shown or required. B. Related Work: 1. 09250 Gypsum Board Systems. 2. 09300 Ceramic Tile 1.02 REFERENCES A. Federal Specification FS-TT-S-227e. 1.03 SUBMITTALS A. Provide manufacturer's Product Data. B. Samples: Submit Samples of various types and colors of materials specified. 1.04 PRODUCT HANDLING A. Deliver materials to the project or place of application in original unopened containers bearing manufacturer's name and product designation. B Do not use materials upon which the shelf life date has expired. Remove these materials promptly from the Project Site. PART 2 - PRODUCTS 2.01 SEALANT MATERIALS A. Use sealants of the following types and manufacture as required by the drawings and Specifications. 1. Colors for all sealants shall be as selected by the Architect from manufacturer's standard colors. 2.02 SEALANT TYPES A.. For acoustical sealant, coordinate with requirements of Gypsum Board Systems Section; non-hardening polysulphide or elastic water-base sealant: 1. Inmont Company "Prestite 579.64". 2. Tremco Acoustical Sealant. 3. United States Gypsum Acoustical Sealant. 4. W.W. Henry Type 313 Acoustical Sealant. PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 07900-1 JOINT SEALANTS • SECTION 07900 B. For joints in ceramic tile: 1. Silicone sealant: one-part, ASTM C920, Type S, Grade NS, Class 25 with mildew resistant additive: Rhodorsil 36, Dow Corning 786, GE 1700. C. For other interior horizontal or vertical applications: 1. For porous or non-porous surfaces wherein the sealant will not be covered by paint: a. Dow Corning 790 or 795. b. General Electric Siipruf. 2. For porous or non-porous surfaces wherein the sealant will be covered by paint: a. Pecora AC20, acrylic latex caulk (interior only). b. Sikaflex 2c/NS. c. Tremco Acrylic Latex Caulk (interior only). d. Tremco Dymeric. e. Elasto-Thane 920 (Pacific Polymers). 2.03 INCIDENTAL MATERIALS A. Staining characteristics: Do not use joint filler; primer or other materials which would stain the sealant and the materials to which they are applied. B. Primers: As recommended by the sealant manufacturer for use in conjunction with the sealant for application onto the various types of materials to which the sealant is applied. • When the manufacturer's instructions make reference to use of primers or special surface preparations, comply with these instructions. C. Cleaners, where required by manufacturer's instructions in lieu of primers, shall be of the type and kind recommended by the manufacturer. PART 3 - EXECUTION 3.01 PREPARATION A. Cut out defective existing sealants and existing sealants not complying with manufacturer's recommendation for thickness, including existing backing. Clean metals at joints with solvents as required to produce absolutely clean substrates. B. Where new sealant is to join existing, wipe remaining cut edges of existing cured sealant with a solvent such as methy-ethyl ketone (MEK). 3.02 APPLICATION A. Accurately position joint filler within the joint to establish and control the uniform designated thickness of sealant. 1. Exercise care in the installation of joint backing to see that the backing is not set too far below surface, thereby increasing the depth of the sealant. • B. Apply material with sufficient pressure to completely fill the void space and to assure complete wetting of the contact area to obtain uniform adhesion. PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 07900-2 JOINT SEALANTS SECTION 07900 1. During application, keep tip of nozzle at bottom of joint, forcing sealant to fill from bottom to top. 2. Move tip along joint to completely fill the joint. Finish joints smooth and flush with adjacent surface unless detailed otherwise. C. Perform joint preparation, including cleaning and priming, in accord with manufacturer's instructions. When solvents are used, wipe the dissolved contaminant and solvent from the surface promptly. D. Do not allow sealants to remain on exposed surfaces. END OF SECTION 10 0 PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 07900-3 STEEL DOOR AND FRAME SECTION 08100 PART 1 - GENERAL 1.01 SUMMARY A. Section Includes: 1. Pressed steel doors and frame. 2. Preparation for hardware. B. Related Work: 1.. 09900 Painting: Finish painting. 1.02 REFERENCES A. DHI - Door Hardware Institute: The Installation of Commercial Steel Doors and Steel Frames, Insulated Steel Doors in Wood Frames and Builder's Hardware. B. SDI-100 - Standard Steel Doors and Frames. C. SDI-105 - Recommended Erection Instructions for Steel Frames. 1.03 QUALITY STANDARDS A. SDI-100 - Recommended Specifications - Standard Steel Doors and Frames, Steel Door Institute. B. NAAMM - Hollow Metal Technical and Design Manual, National Association of Architectural Metal Manufacturers. 1.04 SUBMITTALS A Product Data: Submit manufacturer's literature for Architect's review. PART 2 - PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. All hollow metal doors and pressed steel frames, equal of Ceco Corp., Fenestra, or Krieger Steel Products Co. 2.02 FABRICATION A. Hollow metal doors and pressed steel frames. 1. Per referenced standards except as amended herein. Custom shapes and sizes; reinforced for hardware, primed for painting.: 2. Doors: Flush; seamless; edge joints continuously welded and ground smooth, not less than 18 gauge.. 3. Frame: Pre-assembled welded type with welded in floor anchors; corners mitered, continuously welded, ground and finished smooth. Prepare for silencers at door openings except where seals occur. PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 08100-1 STEEL DOOR AND FRAME SECTION 08100 4. Rubber Silencers: Resilient rubber. PART 3 - EXECUTION 3.01 INSTALLATION A. Install door in accordance with SDI-100 except as amended in this Section. B. Install steel door and frames plumb and square, and with maximum diagonal distortion of 1/16". C. Fill surface depressions with metallic paste filler and grind to smooth uniform finish. D. After installation, touch up scratched or damaged surfaces. Use type of primer recommended for galvanized surfaces, or identical to that used for shop coat, as applicable to installed door materials. 3.02 TOLERANCES A. Maximum Diagonal Distortion: 1/16" measured with straight edge, corner to corner. 3.03 ADJUSTING AND CLEANING A. Adjust hardware for smooth and balanced door movement. END OF SECTION PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 08100-2 • ACCESS DOORS SECTION 08305 PART 1 - GENERAL 1.01 SUMMARY A. Section Includes: 1. Wall access doors in ceramic tile facing. 2. Ceiling access doors.Preparation for hardware. B. Related Work: 1. Section 09250 - Gypsum Board Systems 2. Section 09300 - Ceramic Tile 3. Section 09900 Painting: Finish painting. PART 2 - PRODUCTS 2.01 ACCEPTABLE MANUFACTURERS A. J.L. Industries B. Karp Associates, Inc. C. Milcor, Inc. D. The William Brothers Corporation of America 2.02 ACCESS DOORS A. In Ceramic Tile: 1. Flush Steel - Tile, stainless steel, frame 16 Gage, 14 Gage panel, size as indicated or required.. B. In ceilings: 1. Flush Panel - Drywall, prime coated frame 16 gauge, prime coated panel 14 gauge. END OF SECTION PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 08305-1 FINISH HARDWARE SECTION 08700 PART 1 -GENERAL 1.01 SUMMARY A. Section Includes: 1. Hardware for steel door and frame. B. Related Work: 1. 08110 Steel Doors and Frames: Silencers at hollow metal frames. 1.02 REFERENCES A. ANSI A156.1 through A156.20 - Standards for various hardware items. B. Building Hardware Manufacturers Association (BHMA). 1.03 COORDINATION A. Keying of the locks under this section shall be masterkeyed to the existing system. PART 2 - PRODUCTS 2.01 DOOR HARDWARE A. Door Butts 1 'Y2 pr Hager BB 7508/BB B. Lockset 1 Corbin/Russwin Storeroom Lock C. Door Stop 1 Builder's Brass W 12 D. Locksets : 1. Design shall match existing. 2. Provide curve lip strikes with wrought box for lock. A. Keying: 1. Key to be coordinated with Owner's'present keying system. 2. Provide 2 keys. 2.02 HARDWARE FINISH A. Provide finish to match the existing building hardware finish. END OF SECTION PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 08700-1 • LATH & PORTLAND CEMENT PLASTER SECTION 09220 PART 1 - GENERAL 1.01 SUMMARY A. Section Includes: 1. Portland cement plaster system. 2. Metal Studs 3. Metal Furring and lathing 4. Surface Finish 5. Miscellaneous patch and repair of existing B. Related Work: 1. Section 02070 - Selective Demolition 2. Section 09250 - Gypsum Board Systems. 3. Section 09300 - Ceramic Tile 1.02 REFERENCES A. ASTM C150 - Standard Specification for Portland Cement B. ASTM C206 - Standard Specification for Finishing Hyrdrated Lime C. ASTM C631 - Standard Specification for Bonding Compounds for Interior Plastering . D. ASTM C897 - Standard Specification for Aggregate for Job-Mixed Portland Cement Plasters. E. ASTM C926 - Standard Specification for Application of Portland Cement Based Plaster. 1.03 SUBMITTALS A. Provide manufacturer's Product Data. PART 2 - PRODUCTS 2.01 PLASTER MATERIALS A. Three coat Portland Cement plaster premixed material. B. Water: Clean, fresh, potable and free of mineral or organic matter which affects plaster. C. Bonding Agent: ASTM C631; type recommend for bonding plaster to cementitious material equal to Weldcrete. 2.02 FURRING AND LATHING A. The governing requirement is to match existing lath and furring material. As a guide, the following shall apply. Do not order, deliver or install any material until existing material has been determined. 1. Metal Lath: ASTM C847; flat diamond self furring mesh to match existing. 2. Casing, Base & Corner Beads: Formed sheet steel, depth governed by plaster thickness, maximum possible lengths, expanded metal flanges, with square edges; galvanized. 3. Corner Mesh: Formed sheet steel, expanded flanges shaped to permit complete embedding in plaster, minimum 2 inch; galvanized. PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 09220-1 LATH & PORTLAND CEMENT PLASTER SECTION 09220 4. Strip Mesh: Expanded metal lath, minimum 0.018 inch thick, 2 inch wide x 24 inch long. B. Anchorage: Tie wire, nails, and other metal supports, of type and size to suit application; to rigidly secure materials in place, unfinished. C. Fasteners: ASTM C1002, self drilling, self tapping screws. D. Polyethylene Sheet: Clear, 6 mil thick. 2.03 CEMENT PLASTER MIXES A. Mix and proportion cement plaster in accordance with PCA Portland Cement Plaster Manual. B. Finish Coat: Premix in accordance with manufacturers instructions. C. Mix only as much plaster as can be used prior to initial set. D. Do not retemper mixes after initial set has occurred. 2.04 METAL STUD SYSTEM A. Studs: not-load bearing rolled steel, channel shaped, punched for utility access, galvanized, depth to match existing, minimum 16 gage. B. Track and Headers: Same material and thickness as studs, bent leg retainer notched to receive studs. C. Furring and Bracing Members: Of same material as studs; thickness to suit purpose. D. Fasteners: ASTM C1002, self drilling, self tapping screws. PART 3 EXECUTION 3.01 EXAMINATION A. Verify existing conditions before starting work. B. Verify condition and type of existing metal lath and accessories. 3.02 PLASTERING A. Apply plaster and accessories in accordance with PICA Plaster Manual. Bring new plaster flush with existing, and match surface finish/texture. B. At locations where patch/repair is within tiled areas, bring tile flush with substrate of new tile (plaster or tile). 3.30 ERECTION TOLERANCES A Maximum variation from true flatness: 1/8 inch in 10 feet. END OF SECTION PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 09220-2 GYPSUM BOARD SYSTEMS SECTION 09260 PART 1 - GENERAL 1.01 SUMMARY A. Section Includes: 1. Metal framing, gypsum board, gypsum board accessories and backing plates. 2. Skim coat applications at all gypsum board surfaces 1.02 SUBMITTALS A. Technical information for materials to be used and installation instructions. 1.03 QUALITY ASSURANCE A. Reference specifications and standards: 1. ASTM C645 - Standard Specification for Non-Load Bearing Steel Studs, Runner and Rigid Furring Channels for Screw Application of Gypsum Board. 1. ASTM C754 - Standard Specification for Installation of Steel Framing Members to Receive Screw Attached Gypsum Wallboard, Backing Board, or Water-Resistant Backing Board, 2. ASTM C36 - Standard Specification for Gypsum Wallboard. 3. ASTM C840 - Standard Specification for Application and Finishing of Gypsum Board. 4. ASTM C475 - Standard Specification for Joint Treatment Materials for Gypsum Wallboard Construction. 5. GA-214-90 - Gypsum Association Recommended Specification: Levels of Gypsum Board Finish. 6. GA-216 - Gypsum Association Recommended Specifications for the Application and Finishing of Gypsum Board. B. Allowable Tolerances: 1. Ceiling support system shall limit deflection of the finished ceiling to less than 1/360 of span. 2. For flat surfaces, the maximum deviation from true plumb or level plane, 1/8" in 10' as measured under straight edge placed at any location on surface. 1.04 DELIVERY, STORAGE AND HANDLING A. Deliver materials in original unopened bundles and containers bearing manufacturer's name, brand, type, and grade. B. Store materials in dry ventilated space off floor per manufacturer's written instructions. Neatly stack gypsum wallboard in flat position. C. Avoid exposure to weather by using protective cover. Protect from soiling and construction damage. PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 09260-1 0 GYPSUM BOARD SYSTEMS SECTION 09260 PART 2 - PRODUCTS 2.01 FRAMING MATERIALS A. Studs: 1. Screw-type, punched C-shaped roll-formed,electro-galvanized steel sheet. B. Runners: Matching studs. C. Stiffeners: 3/4" CR steel weighing not less than 300 lbs. per 1,000 LF; rust inhibitive coating. D. Gypsum Board Furring Channels: Screw-type, hat-shaped, 2-3/4" x 7/8" deep with 1/2" wide flanges, 25 gauge electro-ga Ivan ized steel sheet, roll-formed. E. Channels: Hot or cold rolled, rust inhibitive painted. F. Fasteners and Anchorages: Per referenced standards. G. Backing Plates: Refer to Metal Fabrications Section. 2.02 GYPSUM BOARD A. General: Minimum 10% recycled gypsum core content and 100 percent recycled paper face. B. Standard Gypsum Board: Maximum permissible lengths, ends square cut, tapered edges, 5/8"thick unless otherwise noted. 2.03 GYPSUM BOARD ACCESSORIES A. Provide accessories in accordance with referenced standards. B. Corner Beads: Beadex B1 W or USG "Durabead". C. Edge Trim: L metal bead, USG #200-B or Beadex B-4. D. Gypsum Board Joint Treatment: 1. Joint reinforcing tape and joint adhesive shall be the gypsum board manufacturer's standard products. E. Skim Coat Compounds: Use USG Ready Mixed all purpose Joint Compound or equal. PART 3 - EXECUTION 3.01 GENERAL A. Erect metal framing in accordance with referenced standards. 1. Do not exceed maximum unbraced height recommended by manufacturer. PALM SPRINGS INTERNATIONAL AIRPORT 09260-2 MAIN TERMINAL RESTROOM REMODEL GYPSUM BOARD SYSTEMS SECTION 09260 2. Isolate stud system from transfer of structural loading to system, both horizontally and vertically. 3. Provide slip or cushioned type joints to attain lateral support and avoid axial loading. B. Floor Runners: 1. Secure with 1/4" diameter expansion bolts; No powder driven fastening equipment allowed on site. 2. Space fasteners 4" from ends of each piece; maximum 24" on centers intermediately. 3. Minimum of two fasteners per piece of runner. C. Studs: Gauges, depths, and spacing shown. Where not shown, provide the following: 1. Unless otherwise shown, specified, required per reference standards or based on manufacturer's recommendations: Provide minimum 25 gauge at 24" maximum centers typically. Comply with manufacturer's recommendations for gauge and spacing of studs to provide a maximum wall deflection of L/240 with wall completed and finishes installed. 2. Provide extra studs as required to mount electrical or mechanical controls where shown. Insure studs will remain plumb; crimp or screw attach to runners as required. 3. Walls over 6" deep: Where partitions are more than 6" deep, install two rows of 2-1/2" (minimum) width studs, with 1-1/2" runner channel cross ties at 16" centers vertically and 24" centers horizontally, all bolted or screw fastened in place. Manufacturer's standard suggested detail for deep walls may be submitted for review by the Architect. 4. Install studs plumb, square and straight. Where studs extend to structure above, cut studs 1/2" short and do not secure gypsum board to top track. Provide for deflection of structure above. D. Stiffeners: Provide 3/4" cold rolled channels; use two rows at third points for studs with finish one side only; one row at midpoint for studs with finish both sides. Snap into punched web of each stud; nest laps and wire tie. E. Door and Opening Framing: Install double studs at jambs and extend from floor to structure above, securely attach to each other, floor and head. Install runner at head (for jack studs) and secure to jamb studs. F. Coordinate installation of bucks, anchors, blocking, electrical and mechanical work which is to be placed by others in or behind partition framing. Allow such items to be installed after framing is complete. 3.02 INSTALLATION: CEILING FRAMING A. Coordinate location of hangers with other work. B. Install ceiling framing independent of above-ceiling work. C. Space main carrying channels and hangers: 1. Maximum 48" on center, unless otherwise indicated, and not more than 6" from perimeter walls. 2. Lap splices minimum 12" and secure together 2" from each end of splice. PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 09260-3 GYPSUM BOARD SYSTEMS SECTION 09260 D. Gypsum board furring channels: 1. Place perpendicular to carrying channels at 16" on center for exterior ceiling board and WR Board and 24" on center for all others, not more than 2"from perimeter walls. 2. Lap splices minimum 8". E. Reinforce openings in suspension systems which interrupt main carrying channels or furring channels, with lateral channel bracing. Extend bracing minimum 24" past each end of openings. F. Brace entire suspension system to meet seismic requirements as required by UBC. 3.03 INSTALLATION: GYPSUM BOARD CONSTRUCTION A. Single-layer standard gypsum board: 1. Erect in direction most practical and economical. 2. All ends and edges shall be over framing members or other solid backing except where treated joints occur at right angles. 3. Maximum gap at floor shall be 1/2". 4. Where full-height walls extend to underside of structure above, maximum gap shall be 1/2". 5. Where so indicated, adhere single-layer gypsum board directly on concrete or masonry walls, using adhesive in accordance with referenced standards. B. Place corner beads at external comers. Use longest practical lengths. C. Place metal edge trim where gypsum board terminates, butts dissimilar materials, and as indicated on drawings. END OF SECTION PALM SPRINGS INTERNATIONAL AIRPORT 09260-4 MAIN TERMINAL RESTROOM REMODEL CERAMIC TILE SECTION 09300 PART 1 GENERAL 1.01 SECTION INCLUDES A. Ceramic tile for floor and wall applications over existing tile. B. Cementitious backer board and/or plaster as tile substrate. 1.02 RELATED SECTIONS A. Section 09220 - Portland Cement Plaster B. Section 15440 - Plumbing 1. 03 REFERENCES A. ANSI A108 Series/A118 Series/A136 . 1 - American National Standard Specifications for the Installation of Ceramic Tile (Compendium of the following) B. ANSI A108 . 6 - Installation of Ceramic Tile with Chemical Resistant, Water Cleanable Tile-Setting and -Grouting Epoxy (not published separately) . C. ANSI A108 . 10 - Installation of Grout in Tilework (not published separately) . D. ANSI A108 . 11 - Interior Installation of Cementitious Backer Units (not published separately) . E_ ANSI A118 . 1 - Dry-Set Portland Cement Mortar (not published separately) . F. ANSI A118 .2 - Conductive Dry-Set Portland Cement Mortar (not published separately) . G. ANSI A11B . 6 - Ceramic Tile Grouts (not published separately) . H. ANSI A118 . 9 - Test Methods and Specifications for Cementitious Backer Units (not published separately) I . ANSI A137 . 1 - American National Standard Specifications for Ceramic Tile. J. TCA - (Tile Council of America) Handbook for Ceramic Tile Installation. 1.04 SUBMITTALS FOR REVIEW A. Section 01300 - Submittals : Procedures for submittals _ B. Product Data: Provide manufacturer' s product information and instructions for using grouts and adhesives . C. Submit one copy of most recent edition of Ceramic Tile Institute of America "Handbook for Ceramic tile Installation. " Highlight proposed method of installation. Keep one copy on site during construction. D. Certificate: current certification from adhesive manufacturer that mortar_ conforms with ANSI 136 .1 PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 09300-1 CERAMIC TILE SECTION 09300 1.05 SUBMITTALS AT PROJECT CLOSEOUT A..Section 01700 - Contract Closeout Procedures for closeout submittals . B. Maintenance Data: Include recommended cleaning methods, cleaning materials, stain removal methods, and polishes and waxes . 1. 06 QUALITY ASSURANCE A. Maintain one copy of TCA Handbook and ANSI A103 Series/A118 Series on site. 1. 07 PRE-INSTALLATION MEETING A. Section 01200 - Project Meetings : Pre-installation meeting. B_ Convene one week before starting work of this section. C. Contractor shall coordinate the work of Tile and Plumbing Contractors regarding the reinstallation of plumbing fixtures and any requirements , for waste and supply adapters . 1. 08 DELIVERY, STORAGE, AND HANDLING A. Section 01600 - Material and Equipment : Transport , handle, store, and protect products . B. Protect adhesives from freezing or overheating in accordance with manufacturer' s instructions _ 1.09 EXTRA MATERIALS A. Section 01700 - Contract Closeout B. Provide 8 sq ft of each size, color, and surface finish of tile specified. PART 2 PRODUCTS 2 . 02 ADHESIVE MATERIALS A. Organic Adhesive : ANSI A136 . 1, Type I solvent-free equal to MAPEI "ULTRA/MASTIC I" for application over existing tile . B. Epoxy Adhesive : ANSI A118 . 3 equal to KERPDXY by MAPEI thinset bond type . 2 . 03 MORTAR MATERIALS A. Polymer-modified cementitious mortar : equal to MAPEI "Keraquick M" .Dry-Set Portland Cement type: ANSI A118 . 1 . 2 . 04 GROUT MATERIALS A. Manufacturers : 1 . Mapei 2 . Custom Building Products B . Epoxy Grout : equal to MAPEI KERAPDXY (KER 400 Series) ANSI A118 . 6 C. Colorlor: to be selected from MAPEI "Classic" Collection PALM SPRINGS INTERNATIONAL AIRPORT 09300-2 MAIN TERMINAL RESTROOM REMODEL CERAMIC TILE SECTION 09300 2 . 05 ACCESSORY MATERIALS A. Edge metal : equal to Schluter-SCHIENE, bright brass anodized aluminum. Local distributor: Bedrosian Tile and Marble 321 . 1559 1 . Tile to carpet B. Cementitious Backer Board: ANSI A118 . 9 ; High density, cementitious , glass fiber reinforced, 1/ 2 thick; 2 inch wide, coated glass fiber tape for joints and corners ; manufactured by National Gypsum Company. PART 3 EXECUTION 3 . 01 EXAMINATION A. Section 01200 - Project Meetings: Verification of existing conditions before starting work. B . Verify that all floor-mounted plumbing fixtures are removed. C. Verify that surfaces are ready to receive work. D_ Verify that new plaster and patches are sound and ready for installation of new tile . E. Sound each existing wall and floor tile to identify any that are not well adhered to substrate and therefore not suitable as substrate for tile overlay. Use metal or wood bar to tap lightly each tile . Those that sound hollow shall be investigated further to determine their suitability to overlay tile. Mark those that sound hollow for review by Maintenance Supervisor. F. Remove all tile not suitable as substrate for overlay. 3 .02 COORDINATION A. Contractor shall coordinate the work of Tile and Plumbing Contractors regarding the reinstallation of plumbing fixtures and any requirements for waste and supply adapters . 3 .03 PREPARATION - GENERAL A. Protect surrounding work from damage. B. Vacuum clean surfaces and damp clean. C. Remove soap, wax, coatings, oil, etc . from existing tile surfaces with commercial tile cleaners suitable for this location. Verify with manufacturer that product is appropriate, and follow written instructions and precautions . D. Mechanically abrade all tile surfaces with Carborundum disk to create good mechanical key for new thin-set material . Wash all surfaces with clean water until all loose material is removed. E_ Rinse clean and allow to dry completely before commencing the setting. PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 09300-3 CERAMIC TILE SECTION 09300 F. Seal substrate surface cracks with filler. Level existing substrate surfaces to acceptable flatness tolerances . G. Fill voids where loose tiles have been removed. Fill with filler approved by mortar manufacturer. H_ Where gaps exist in backing, either install cementitious backer board in accordance with board manufacturer' s instructions and tape joints and corners, cover with skim coat of dry-set mortar to a feather edge or provide plaster backing. 3 .04 PREPARATION - FLOOR A. Remove loose tile and damaged tile. B. Remove soap, wax, coatings, oil, etc. from existing tile surfaces with commercial tile cleaners suitable for this location. Verify with manufacturer that product is appropriate, and follow written instructions and precautions . C. Mechanically abrade all tile surfaces with Carborundum disk to create good mechanical key for new thin-set material . Wash all surfaces with clean water until all loose material is removed. D. Fill voids with thin set mortar. E. Saw cut existing slab and tile to a depth of one inch in a pattern that aligns saw cuts with joints in new floor tile . These saw cuts shall serve as control joints . Contractor shall saw cut only after layout of new tile has been determined and marked on existing tile . Control joints shall be spaced no greater than 12 ' apart in both directions . Location of control joints may be closer together to align with tile layout . Confirm locations with Maintenance Supervisor prior to cutting. 3 .05 INSTALLATION - GENERAL A. Install tile, and grout in accordance with applicable requirements of ANSI A108 . 1 through A108 . 10 , manufacturer ' s instructions, and TCA Handbook recommendations . B. Lay tile to pattern indicated. Do not interrupt tile pattern through openings . C. When layout does not allow full tile, cut tiles so that no tile is less than one half width. D. Cut and fit tile to penetrations through tile, leaving sealant joint space. Form corners and bases neatly. Align floor, base and wall joints . E. Place tile joints uniform in width, subject to variance in tolerance allowed in tile size . Make joints watertight, without voids, cracks , excess mortar, or excess grout . F. Form internal angles coved 'and external angles bullnosed. G. Sound tile after setting. Replace hollow sounding units . H. Keep control joints free of; adhesive or grout . Apply PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 09300-¢ CERAMIC TILE SECTION 09300 sealant to joints . I . Allow tile to set for a minimum of 48 hours prior to grouting. J. Grout tile joints . Use colored epoxy grout selected by Architect . In general use grout lighter than tile . K. Apply sealant to junction of tile and dissimilar materials and junction of dissimilar planes . 3 . 06 INSTALLATION - FLOORS - THIN-SET METHODS A. Over existing tile substrates, install in accordance with TCA Handbook Method TR712-98 , acrylic-Portland cement bond coat with colored grout . B. Grout tile with epoxy emulsified grout in accordance with manufacturer' s written recommendations; color selected by Architect . 3 . 07 INSTALLATION - WALL TILE A. On existing tile walls install in accordance with TCA Handbook Method TR713-98 , acrylic bond coat over prepared tile, new plaster or cementitious board. B. Grout with epoxy grout in accordance with manufacturer' s written recommendations; color selected by Architect . 3 . 08 CLEANING A. Section 01700 - Contract Closeout : Cleaning installed work. B. Clean tile and grout surfaces . 3 .09 PROTECTION OF FINISHED WORK A. Section 01700 - Contract Closeout : Protecting installed work. B. Do not permit traffic over finished floor surface for 4 days after installation. 3 .10 SCHEDULE - BACKING A- Tile backing: 1. At existing tile : existing tile properly prepared. 2 . At existing plaster: one layer Portland cement plaster thick enough to flush out with existing tile . 3 . At new plaster: scratch and brown coats flushed out with existing tile where exists . END OF SECTION PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 09300-5 PAINTING SECTION 09900 PART1 -GENERAL 1.01 SUMMARY A. Section Includes: 1. Preparation of surfaces to be painted. 2. Painting, interior: a. Gypsum board surfaces b. Door& frame c. Non-ferrous metals specifically noted to be painted. B. Related work: 1. 06400 Architectural Millwork 2. Prime coat painting of: a. 08110 Steel Doors and Frames 1.02 QUALITY ASSURANCE A. Coats: The number of coats specified is the minimum number acceptable. B. All paints shall comply with local, state and federal Air Quality mandates. 1.03 SUBMITTALS A. Materials: 1. Product data: Manufacturer's technical information B. Submit Material Safety Data Sheets (MSDS Sheets) indicating health risks, flammability, handling and storage precautions. 1.04 PRODUCT HANDLING A. Deliver materials to the Project Site in unopened containers bearing manufacturer's name and product descriptions corresponding to designation on material list. B. Store materials in a dry, clean, well ventilated area. Store containers closed. Comply with legal requirements. 1.05 PROJECT CONDITIONS A. Environmental requirements: 1. Comply with manufacturer's recommendations for environmental conditions under which coating systems can be applied. 2. Do not apply finish in areas where dust is being generated. 3. Insure adequate ventilation during all interior painting. B. Protection: Protect floors and all adjacent surfaces from paint smears, spatters, overspray and droppings. Use drop-cloths to protect floors. Cover fixtures and pre-finished materials. PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 09900_1 PAINTING SECTION 09900 PART 2 - PRODUCTS 2.01 MATERIALS A. Materials herein specified and listed by material numbers and names are standards for kind, quality and function taken from the Frazee Paint Company, Los Angeles, California (800) 826-9048, unless otherwise noted. B. Equal products by Dunn Edwards and Pratt & Lambert may be used.. PART 3 - EXECUTION 3.01 GENERAL A. Condition and prepare surfaces and apply materials in accordance with paint manufacturer's recommendations unless otherwise specified in this Section. 3.02 CONDITION OF SURFACES A. Do not apply paint or finish until conditions are satisfactory. B. Application of first coat shall constitute acceptance of surface. 3.03 SURFACE PREPARATION A. Surfaces to receive paint shall be clean, dry, smooth and dust free before application of any material. Prepare surfaces as follows: 1 Gypsum board and plaster: Remove all foreign matter. Fill all pits, blemishes, etc., flush with spackle and sand smooth. 2. Existing Surfaces to be Repainted: a. Prepare existing surfaces scheduled to receive new finish per paint manufacturer's recommendations; including any stripping, scraping, sanding, and patching, etc., as required to provide a "like new" substrate. b. Remove mildew by scrubbing with trisodium phosphate or a solution of bleach and water. Rinse with clean water and allow surface to dry completely. c. Remove coatings not suitable to receive new applied finishes from concrete, plaster and drywall surfaces and prime to show defects, if any. Paint only after defects have been remedied. 3.04 APPLICATION A. Apply material evenly, free from sags, runs, crawls, holidays or defects. B. Apply paint by brushes, rollers or sprays as required to obtain specified finish. C. Allow each coat to thoroughly dry before succeeding coat application. D. Minimum Coating Thickness: Apply materials at not less than manufacturer's recommended spreading rate, to establish a total dry film thickness as indicated or, if not indicated, as recommended by coating manufacturer. PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 09900-2 PAINTING SECTION 09900 E. Finish Coats: 1. Enamel Finish: Roll and redistribute paint to an even and fine texture. Leave no evidence of rolling such as laps, irregularity in texture, skid marks, or other surface imperfections. F. Finish all four edges of door with the same number and kind of coatings as specified for their main surfaces. 3.05 PAINT FINISH SCHEDULE Gypsum board (Flat) 1st coat: 002 Majestic Flat Wall Paint 2nd coat: 002 Majestic Flat Wall Paint Gypsum board (Semi-Gloss): 1st coat: 065 Acry-prime 2nd coat: Enamel 3rd coat: Enamel Metal, Ferrous & Aluminum (Gloss): 1st coat: Amerlock 400 Epoxy 3 to 5 mils dry film thickness 2nd coat: Amershield Urethane 3 to 5 mils dry film thickness Metal, Ferrous (Semi-Gloss): Preparation: SSPC-SP3 1 st coat: 661 Metal Prime 2nd coat: Enamel 3rd coat: Enamel END OF SECTION PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 09900-3 TOILET PARTITIONS SECTION 10160 PART 1 - GENERAL 1.01 SUMMARY A. Section Includes toilet partitions and screens as follows: 1. Compartments as shown, stainless steel, ceiling hung 2. Urinal Screens in Alternate Bid No. 1, stainless steel, wall hung 1.02 SUBMITTALS A.. Product Data: For each "bank" of compartments and screens provide complete manufacturer's data showing details of construction, fabrication and installation. Include details of anchors, hardware and fastenings. B. Shop drawings: Show locations of all partitions giving dimensions and locations of attachments. PART 2 - PRODUCTS 2.01 MANUFACTURERS A. Subject to compliance with specifications and drawings the following manufacturers are • acceptable. 1. Crane Plumbing — Sanymetal 2. Global Steel Products Corp. 3. Knickerbocker Partition Corporation 4. Mills Company 5. Weis/Robart Partitions Inc. 2.02 MATERIALS A. Stainless Steel Sheet: ASTM A 666, Type 302 or 304, that is leveled to stretcher-leveled flatness, finished on exposed faces as indicated in the "Stainless-Steel Sheet Finishes' Article, and of the following minimum thicknesses: 1. Pilasters (Unbraced): .0500 inch 2. Panels & Screens: .0375 inch 3. Doors: .0312 inch 4. Tapping Reinforcement: .0781 inch B. Core Material for Metal Faced Units: Manufacturer's standard sound deadening honeycomb of resin impregnated kraft paper in thickness required to provide finished thickness of 1 inch minimum for doors, panels and screens and 1 % inch minimum for pilasters. C. Pilaster Sleeves: ASTM A 666, Type 302 or 304 stainless steel, not less than .0312 inch and 3 inches high, finished to match hardware. D. Stirrup Brackets: Manufacturer's standard ear or U-brackets for attaching panels screens to walls and panels. PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 10160-1 TOILET PARTITIONS SECTION 10160 E. Ceiling Hung Compartments: Manufacturer''s standard corrosion resistant anchoring assemblies complete with threaded rods, lock washers and leveling adjustment nuts at pilasters for connection to structural suppor above finished ceiling. Provide assemblies that support pilasters from structure without transmitting load to finished ceiling. F. Wall Hung Screens: Provide panels with continuous stainless steel anchorages to wall. 2.03 FINISHES A. General: Comply with NAAMM's "Metal Finishes Manual for Architectural and Metal Products" for recommendations relative to applying and designating finishes. 1. Remove or blend tool and die marks and stretch lines into finish. 2. Grind and polish surfaces to produce uniform directional textured, polished finish indicated, free of cross scratches. Run grain with long dimension of each panel. B. Finish: Manufacturer's standard No. 4 brushed polish. END OF SECTION B. Door Butts 1 '/2 pr Hager BB 7508/13B C. Lockset 1 Corbin/Russwin Storeroom Lock D. Door Stop 1 Builder's Brass W 12 D. Locksets : 1. Design shall match existing. 2. Provide curve lip strikes with wrought box for lock. A. Keying: 1. Key to be coordinated with Owner's present keying system. 2. Provide 2 keys. 2.02 HARDWARE FINISH A. Provide finish to match the existing building hardware finish. END OF SECTION PALM SPRINGS INTERNATIONAL AIRPORT 10160-2 MAIN TERMINAL RESTROOM REMODEL PLUMBING SECTION 15440 PART 1 - GENERAL 1.01 SECTION INCLUDES A. Protection of existing floor drains and clean outs B. Fixtures as identified on Drawings C. Adapters D. New Water Closets E. New Urinals F. New Lavatories 1.02 REFERENCES A. ASME A 122.6.1 —Supports for Off-the-Floor Plumbing Fixtures for Public Use. B. ASME Al12.18.1 — Finished and Rough Brass Plumbing Fixture Fittings C. ASME Al 12.19.2 —Vitreous China Plumbing Fixtures D. ASME 112.19.5 —Trim for Water-Closet Bowls, Tanks, and Urinals PART 2— PRODUCTS 2.01 Men's Toilet 1. Existing Water Closets: remove and turn over to Owner. Provide all hardware, sleeves, rings, adapters to adjust all connections and anchors to new water closets. 2. New Water Closets: Provide ADA compliant water closet and seat. See Fixture Schedule on Drawings. . 3. Existing Urinals: remove and turn over to Owner. Provide all hardware, sleeves, rings, adapters to adjust all connections and anchors to new urinals. 4. New Urinals: Provide new urinals as scheduled. See Alternate Bid No. 1 for revision of type and spacing of new urinals. 5. Existing Lavatories: Remove and turn over to Owner. Provide all hardware and adapters to adjust to new lavatories. 6. New Lavatories: See Fixture Schedule on Drawings. New Lavatories will be installed on same centers as removed lavatories. 2.02 Women's Toilet 1. Existing Water Closets: remove and turn over to Owner. Provide all hardware, sleeves, rings, adapters to adjust all connections and anchors to new water closets. 2. New Water Closets: Provide ADA compliant water closet and seat. See Fixture Schedule on Drawings. PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 15440-1 PLUMBING SECTION 15440 3. Existing Lavatories: Remove and turn over to Owner. Provide all hardware and adapters to adjust to new lavatories. 4. New Lavatories: See Fixture Schedule on Drawings. New Lavatories will be installed on different centers than the existing. PART 3 - EXECUTION 3.01 Installation 1. Rough in and/or re-configure fixture piping to accommodate new fixtures. 2. Provide and install adaptors, rings, and connectors to adjust to new locations. 3. Provide chrome plasted rigid escutcheons which are vandal-resistant. 4. Seal fixtures to wall and floor surfaces with sealant as specified in Section 07900, color to match fixture. END OF SECTION • PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 15440-2 ELECTRICAL DEMOLITION SECTION 16060 PART 1 GENERAL 3 . 01 SECTION INCLUDES A. Interior demolition, removal and abandonment of interior electrical systems and lighting fixtures . B . Cleaning and repair of existing equipment to remain. C. Installation of new fixtures and associated wiring. 3 . 02 RELATED SECTIONS A. Section 02072 - Minor Demolition for Remodeling. B. Section 09220 - Portland Cement Plaster Systems C. Section 16510 - Luminaires PART 2 PRODUCTS 3 . 01 MATERIALS AND EQUIPMENT A. Materials and equipment for patching work: As specified in individual Sections . • PART 3 EXECUTION 3 . 01 EXAMINATION A. Verify field measurements and circuiting arrangements are as shown on Drawings . B. Verify that wiring and equipment to be abandoned serve only abandoned facilities . C. Demolition Drawings are based on preliminary field observation. No record documents exist . Contractor shall familiarize himself with existing conditions . Report discrepancies to Maintenance Supervisor. before disturbing existing installation. D. Beginning of demolition means installer accepts existing conditions . 3 . 02 PREPARATION A. Disconnect electrical systems in walls, floors, and ceilings scheduled for removal . B. Coordinate utility service outages with Maintenance Supervisor. C. Provide temporary wiring and connections to maintain existing systems in service during construction. D. Existing Electrical Service : Maintain existing system in service until new system is complete and ready for service. Disable system only to make switchovers and connections . Obtain permission from Maintenance Supervisor at least 48 hours before partially or PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 16060-1 ELECTRICAL DEMOLITION SECTION 16060 completely disabling system. Minimize outage duration. Make temporary connections to maintain service in areas adjacent to work area. E . Existing Fire Alarm System: Maintain existing system in service . F. Existing Telephone System: Maintain existing system in service . 3 . 03 DEMOLITION OF EXISTING ELECTRICAL WORK A. Demolish existing electrical work under provisions of Section 02072 , and this Section. B. Remove existing installations to accommodate requirements for new construction. C. Remove abandoned wiring to source of supply. D. Remove exposed abandoned conduit, including abandoned conduit above accessible ceiling finishes . Cut conduit within wall and ceiling cavity. E. Disconnect abandoned outlets and remove devices. Remove abandoned outlets if conduit servicing them is abandoned and removed. F. Disconnect and remove abandoned luminaries . Remove brackets, stems, hangers, and other accessories . G. Repair adjacent construction and finishes damaged . during demolition work. H. Maintain access to existing electrical installations which remain active. Modify installation or provide access panel as appropriate. 3 . 04 CLEANING AND REPAIR A. Clean and repair existing materials and equipment which remain or are to be reused. B. Panelboards : Clean exposed surfaces and check tightness of electrical , connections . Replace damaged circuit breakers and provide closure plates for vacant positions . Provide typed circuit directory showing revised circuiting arrangement . END OF SECTION PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 16060-2 LIGHT FIXTURES . SECTION 16500 PART 1 GENERAL 1. 01 SECTION INCLUDES A. Interior Luminaires and accessories . B. Ballasts . C. Lamps . D . Luminaries accessories . 1. 02 RELATED SECTIONS A. Section 16060 - Minor Electrical Demolition. 1. 03 REFERENCES A. ANSI C78 .379 - Electric Lamps - Incandescent and High-Intensity Discharge Reflector Lamps - Classification of Beam Patterns . B. ANSI C82 . 1 - Ballasts for Fluorescent Lamps - Specifications . C. ANSI C82 .4 - Ballasts for High-Intensity Discharge and Low Pressure Sodium Lamps (Multiple Supply Type) . D. NEMA WD 6 - Wiring Devices-Dimensional Requirements . E. NFPA 70 - National Electrical Code . F. NFPA 101 - Life Safety Code . 1. 05 REGULATORY REQUIREMENTS A. Perform all work in strict accord with latest adopted edition of NEC B. Products: All new material, fixtures shall be listed and classified by Underwriters Laboratories , Inc as suitable for the purpose specified and indicated. PART 2 PRODUCTS 2 . 06 LUMINAIRES A. Furnish Products as scheduled. See Fixture Schedule on Drawings for catalog numbers . 2 . 07 FLUORESCENT BALLASTS A. All ballasts shall be electronic as specified by the manufacturer. 2 . 08 LAMPS A. Fluorescent Lamp Manufacturers : . 1 . Philips 2 . Sylvania 3 . General Electric PALM SPRINGS INTERNATIONAL AIRPORT MAIN TERMINAL RESTROOM REMODEL 16500-1 .I PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp P tY P �\�i.`• (2015.5.C.C.P) —_ STATE OF CALIFORNIA County of Riverside ` I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid; I am over the age of eighteen --------- __ years,and not a party to or interested in the INd.5360 — CITY OF ?bove-entitled matter.I ain the principal dark of a PALM SPRINGS printer of the,DESERT SUN PUBLISHING MINUTE NO- 6647DER COMPANY a newspaper of general circulation, APROJECT NO.WARDING CITY TO DOUG WALL CON1 printed and published 4n the city of Palm Springs, STRUCTION, INC. Conn newspaper of Riverside,and which news h b FOR THE REMODEL' P ING OF AIRPORT adjudged a newspaper of general ch-calation by the MAIN TERMINAL RES- TROOMS IN THE Superior Court of the County of Riverside,State of (AMOUNT OF CERf6PY California under the date of March 24, 1998.Case that this Minute Order Number 191236; that the notice,of , No 00-1 y which the award r� Nit Pro act 1 to Doug wall annexed is a tinted co set in a not smaller the remodeling Inc., for P PY( type the remodeling of Aii- than non pariel,has been published in each regular poet Main Tenn i-al Res- rooms in the amount of and entire issue of said newspaper and not in any $14n,632, we. adopted supplement thereof on the following dates,to wit: bh th�ipay ofunPelm Springs, California, In a meets thereof held on July 141h the 5t0h day of Jury, 2000. _ PATRICIA A. SANDERS _--- -- City Clerk PUB July 14, 2000 All in the year 2000 1 certify(or declare)under penalty of perjury that the foregoing is true and correct. 17th Dated at Palm Springs,California this-----------day July of-----------------------------,2600 AL-16� ------------ ---------------------------- Signature OOC a 2001-046921 02/02/2001 08:00A Fee:NC Page 1 of 1 Recorded in Official Records County of Riverside Gary L. Orso Assessor, County Clerk d Recorder ' I IIIIII IIIIII(III(IIII(IIIIII IIII IIIIII III IIIII IIII IIII Return To: M 5 n PAGE SIZE OA PCOR NOGOR SMF MISo City Clerk City of Palm Springs P.O. Box 2743 I { pf Palm Springs, CA 92263-2743 A R L COPY LONG REFIINO NCHG LMM NOTICE OF COMPLETION NOTICE IS HEREBY given that: 1. The City of Palm Springs, California, is a municipal corporation, organized and incorporated pursuant to the laws of the State of California. 2. The City Clerk of the City of Palm Springs is authorized and directed to execute, on behalf of said City, any and all Notices of Completion. 3. The address of the City of Palm Springs is City Hall, 3200 E. Taliquitz 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 12"day of January 2001. 5. The name of the contractor(if named) for such work of improvement was: Doug Wall Construction, 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: Main Terminal Restroom Remodel, Palm Springs International Airport. 7. The property address or location of said property is: 3400 E. Tahquitz Canyon Way, Palm Springs, CA 92262. 8. City Project No. 00-11, Agreement No.4240 , Minute Order No. 664.7 DATED: January 24, 20f}/�4 CITY OF PALM PRIN S REVIEWED BY: l • �o'ztr By: n�Director of Aviation 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 stajW4hereijq are true; tha saN City Clerk, she makes this verification on behalf of said municipal corporation. City Clerk Index No. CITY OF PALM SPRINGS CONTRACT CHANGE ORDER To Doug Wall Construction, Inc. Date: October 18, 2000 78450 Avenue 41 Project No. 0011 Bermuda Dunes, CA 92201 Project Name: Remodeling of Airport Main Terminal Restrooms Change Order No. Two (2) Contract Purchase No. 116098 Attn: Dean Paul Gregg, Project Manager Account No. 415-6400-56026 Agreement No. A4240 Minute Order No. Resolution No. A. CHANGES IN WORK: INCREASE TO CONTRACT QUANTITIES 1. Change Estimate Request No. 4 - replace existing flooring in the temporary hold-room toilets. 2. Change Estimate Request No. 5 - replace existing sanitary napkin dispensers. B. CHANGES IN COST: INCREASE TO CONTRACT QUANTITIES 1. Proposal Request No. 4, Change Estimate Request No. 4: TEMPORARY TOILETS FLOORING (replace the existing flooring in the Men's and Women's toilets in the temporary hold-rooms in accordance with Proposal Request No. 4). LUMP SUM $ 11,980.00 2. Proposal Request No. 5, Change Estimate Request No. 5: SANITARY NAPKIN DISPOSALS ( replace the existing sanitary napkin disposal units with new disposal units in accordance with Proposal Request No. 5). LUMP SUM $ 943.00 TOTAL NET CHANGE ORDER AMOUNT $12,923.00 Additional overage requested for unforseen circumstances: $ 977.00 TOTAL CHANGE ORDER AMOUNT $ 13.900.00 C. REASONS FOR CHANGES: 1. Extension of existing contract to replace sub-standard flooring. 2. Replacement of existing units deemed unsuitable by staff and architect. Remodeling of Airport Main Terminal Restrooms Project No. 0011 Construction Change Order No. 2 Page 2 D. SOURCE OF FUNDS: Funds are available in Account No. 415-6400-56026. Summary of Costs Contract Time Original Contract Amount: $149,632.01 Original Completion Date: October 5, 2000 This Change Order: $ 13,900.00 Days Added for this C.C.O: -18- Previous Change Order(s) $ 7,579.85 Previous Days Added: -0- Revised Contract Amount: $157,211.86 Revised Corn letion Date: October 31, 2000 I have received a copy of this Change Order City Approval: and the above AGREED PRICES are accept- // I able to the contractor. Submitted by: V h Date �J Airport Main(: Superintendent By: �, EE C,wC L�' J • /I Approved by: �(( �Q, L��,Q Date to-(g- Direct Avi ion Date: O Approved by: Date ity Manager Distribution: Original Conformed Copies Conformed-File Copy Aviation (1) Aviation File (1) Finance (1) Airport Maintenance Superintendent (1) Contractor (1) Purchasing Agent (1) City Clerk (1) 17- 4/a 0Z) CITY OF PALM SPRINGS CONTRACT CHANGE ORDER To: Doug Wall Construction, Inc. Date: September 6, 2000 78450 Avenue 41 Project No. 0011 Bermuda Dunes, CA 92201 Project Name: Change Order No. 1 Contract Purchase No. 116098 Attn: Dean Paul Gregg, Project Manager Agreement No. A4240 Minute Order No. 6696 Resolution No. A. CHANGES IN WORK: INCREASE TO CONTRACT QUANTITIES 1. Change Estimate Request No. 1 - lighting fixture change per proposal Request No. 1 2. Change Estimate Request No. 2 - delete lavatory and mirror per proposal Request No. 2 3. Change Estimate Request No. 3 - demo and re-frame partitions per field direction 4. Change Estimate Request No. 4 - replace tee and snake per minutes (8/14/00 #2.5) B. CHANGES IN COST: INCREASE TO CONTRACT QUANTITIES 1. Change Estimate Request No. 1 - lighting fixture change per proposal Request No. 1 LUMP SUM $ 6,139.30 2. Change Estimate Request No. 2 - delete lavatory and mirror per proposal Request No. 2 CREDIT ($ 830.45) 3. Change Estimate Request No. 3 - demo and re-frame partitions per field direction LUMP SUM $ 2,171.00 4. Change Estimate Request No. 4 - replace tee and snake per minutes (8/14/00 #2.5) LUMP SUM $ 100.00 TOTAL NET CHANGE ORDER AMOUNT $ 7,579.85 Additional overage requested for unforseen circumstances: 920.15 TOTAL CHANGE ORDER AMOUNT $ 8,500.00 C. REASONS FOR CHANGES: 1. Replace specified restroom lighting fixture with alternate. Remodeling of Airport Main Terminal Restrooms Project No 0011 Construction Change Order No. 1 Page 2 2. Delete lavatory and mirror due to space restrictions. 3. Replace sub-standard framing with new. 4. Additional required plumbing work. D. SOURCE OF FUNDS: Funds are available in Account No. 415-6400-56026. Summary of Costs Contract Time Original Contract Amount: $149,632.00 Original Completion Date: Sept., 15, 2000 This Change Order: $ 8,500.00 Days Added for this C.C.O: -0- Previous Change Order(s) $ 00.00 Previous Days Added: -0- Revised Contract Amount: $158,132.00 Revised Completion Date: $e t., 15, 2000 1 have received a copy of this Change Order City Approval: and the above AGREED PRICES are accept- able to the contractor. Submitted by: � � v Date !o c Airpo Maintb uperin endent By: Q cw I c .� �1�' I Approved by: Date)D'0'Zk_ f (/ ' ecto tion Date: /U _ilo Approved by: Date t ana er Distribution: Original Conformed Copies Conformed-File Copy Aviation (1) Aviation File (1) Finance (1) Airport Maintenance Superintendent (1) Contractor (1) Purchasing Agent (1) City Clerk (1) 09/02/2000 08:08 7603467877 PAGE 02 • • Aug-01-0,Cz 03: 67P The Inland Marine Declarations and INLAND MARINE DECLARATIONS endorsements, if any, issued to form a part 1X" thereof, Completes the Commercial ZUk !nsvran,:e Policy numbered as follows: RR 54725172 Z New Policy ASSURANCE COMPANY OF AMERICA ❑Renewal of NEW YORK,NEW YORK 10038 A Stcok Company In return forthe payment of the premium, and subject to all the terms of this 2,Produaar Information (ComplefeA-D) policy,we agree with you to provide the insurance as stated In this policy, A) Name. THIS I$A COINSURANCE CONTRACT. Please read your policy. Desert Southwest Insurance Brokers.Inc 1,Named insured and Mailing Addreu; 74.785 Mighway 111, Suite 2d9 1 UQUG WALL CONSTRUCTION,INC. Indian Wells, CA 92210 / 78450 AVENUE 41 BERMUDA DUNE,CA 92201 8) Telephone#: 760-773.5955 3. Policy Period-From Effective Date Of: De/ 02 / 2000 C) Maryland Producer#: 19960517 D) Field Office Name:Sacramento, CA To (Cheek one):❑C0r11lae01LS Rcporrmg W011c YWrprom F.ffectn,eMte E) Field Office Code 4J 12'01 a.nt Standard'1'Loo m€your uA ing addrgeg,tboye, 4.Form of Business; El Individual ❑Partnership ®Corporation pJointVanture ©Other 5,Limits of Insurance(select either One-Shot or Reporting Form option Below) Reporting Form (continuous policy) ®one-ghat(non-reporting formisingle structure policy)HBIS-1 1 ❑Annual Rate ❑Monthly Rate (HBIS-4) ❑l-12 Family Dwelling ®Commercial Structure Properly Location: 3400 TAHQUITZ CANYON WAY, PAr.M SPRINGS,CA E A) Any one structure $1,000,000 PALM SPRINGS,CA 92Z6a 9) Property temporarily at any other premises $ 10,000 A) Any one structure $ 150000 C) Property in transit $ 25,000 B) Properly temporarily at D) All covered property any other premises $10,000 at all locations $5,000,000 C) Property in transit $25.000 D) All covered properly at all locations(same as A unless otherwise noted) $ 15000o E) Rate Per Report E) Rate F) Premium Per Report $ 0.4 p � Premium $ g0q G) Tax(applicable in KY pnly) Per Report G) Tax(applicable in KY onfy) $ 0 H) Yotal Fully Earned Policy Premium per Report H) Total Fully Earned Polley Premium $ Goo ($250 minimum premium applicable) 6,Deductible(minimum$250 unfess otherwise 0clicate0r): p$500 E:1$1,000 ❑$2,500 ❑ $5,000 p Other:$ 7,Forms,Applicable To Al I Coverage Parts; X40471 Builders Risk Coverage Form (❑HBIS-42 Florida Fraud Statement X47e81 Comm-inland Marine Coverage Part 1311-18I5•43 Windstorm Percentage Deductible 9CM0001 Comm, Inland Marine Conditions ❑HBIS-44 New York Fraud Statement MILOO17 Common Policy Conditions (I1-0146 in WA) Other Farms: (list other applicable state and/or HBIS 091­10002. Florida Builders Risk Declarations forma; all required state forms applicable) ❑HBIS-4 Monthly Rate Endorsement HBIS-53, ILO , 1L0270 u HBIS-35 Windstorm or Hail Exclusion OHBIS-37 Existing Building(s) or SStuotruo7ture(s) Gov. countersigned:_ ZA!/ By, Date tho ed R resentative PM170OOl Rev. 1107 INSURED COPY MORTGAGEES COPY AOENTCOPY BUILDERS RISK PLAN COPT