HomeMy WebLinkAboutHA25100A - Sign-A-Rama S/GN�A �RA MA" Esr;mate No. 8358
Estimate Printed On 2/23/2007
Palm Desert Redevelopment Agency Acct#: 11528
Attn: Bryce White Terms: 50% Down/COD
73-510 Fred Waring Drive Phone: (760)346-0611 /297
Palm Desert, CA 92260 Fax: (760)341-6372
E-Mail:
Prepared For Bryce White,
Thank you for taking time to speak with me about your signage needs! Listed below is the quotation on the item we discussed.
If you have any questions, please do not hesitate to give me a call at 760-776-9907.
----. _.. - -- - - - - - -- - — - -- -- -- — -- -- -- - - - - -- -
Estimate Description — — _ _
ONE QUAIL PLACE-Monument Signs ,
Product Code Color Quantity Vert Ho�iz Depth P�ice� Total:
MISC 2 Sand/Coppe 2.00 36.00 60.00 12.00 $ 10,840.00 521,680.00
Description Cusfom Monument Signs for Main Entrance to ONE QUAIL PLACE APARTMENTS(Off Fred Waring). One
One-Sided Monument on West Side,and One One-Sided on East Side of Entrance. Each 36"T.X 60"W.X
10"Thick.Concrete Block and Stucco Constiuction with Rock Features(See Photo Rendering). 1/4"Aluminum
Letters, Stud-Mounted onfo Faces, with Copper Powder-Coat Finish:ONE QUAIL PLACE. (3) 1/4"Thick
Aluminum"Quail°with seme finish/mounting. Concrete Footings aiv included. Electrice!�ring/Lighting is not
included. Engineering Diawings with Artwo►ic Proofs will be provided upon receipt of Purohase Orrfer.
Product Code Sides Color Quantity YeR HoNz Depth Price� Total:
MISC 1 1.00 0.00 0.00 0.00 $ 1,924.00 $1,924.00
DescNption Performance Bond,and Payment 8ond, as required by City of Palm Desert Redevelopment Agency.
Product Code Color Quantity Vert Horfz Depth Prlce� Total:
MISC 2 Sand/Coppe 1.00 36.00 60.00 16.00 $ 12,840.00 $12,840.00
Description Custom Monument Sign for Secondary Entrance off of Park View. TWO-SIDED Sign. Same specs as above.
Notes:
Sub-Total $36,444.00
� �Sales Tax $2,824.41
i �Shipping $0.00
Total: $39,268.41
You�,s.Sin erely,
Kim Sanson
41-945 Boardwalk Suite L Palm Desert, CA 92211 Phone: (760)776-9907 Fax: (760)776-9844 (info@pdsignarama.com)
Page 1 of 1
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PALM DESERT HOUSING AUTHORITY
CALIFORNIA
CONTRACT DOCUMENTS
FOR
ONE QUAIL PLACE MONUMENT SIGNAGE
CONTRACT NO. HA- 251ooA
PALM DESERT HOUSING AUTHORITY
73-510 Fred Waring
Palm Desert, CA 92260
(760) 346-0611
MARCH 2O07
PALM DESERT HOUSING AUTHORITY
TABLE OF CONTENTS
CONTRACT DOCUMENTS
FOR
ONE QUAIL PLACE MONUMENT SIGNAGE
CONTRACT NO. HA-251ooA
PAGE
CONTRACT DOCUMENTS
CONTRACTOR DATA -
....................................................................................A 1
AFFIRMATIVE ACTION PROGRAM... -
............................................................B 1
CONTRACTOR'S LICENSE ...........................................................................0 - 1
AGREEMENT .................................................................................................D - 1
WORKER'S COMPENSATION.......................................................................E - 1
WORKER'S COMPENSATION/EMPLOYER'S LIABILITY ENDORSEMENT. F - 1
PAYMENTBOND............................................................................................G - 1
PERFORMANCE BOND.................................................................................H - 1
GENERAL SPECIFICATIONS
SCOPEOF WORK................................................................................... GS-1
LOCATIONOF WORK ............................................................................. GS-1
TIME OF COMPLETION........................................................................... GS-1
UTILITY REQUIREMENTS....................................................................... GS-1
SUBSTITUTION OF SECURITIES ........................................................... GS-3
FINAL INSPECTION-NOTICE OF COMPLETION.................................... GS-3
GUARANTEE............................................................................................ GS-4
PAYMENT & MONTHLY ESTIMATES ..................................................... GS-4
FINALPAYMENT ..................................................................................... GS-4
DOCUMENTS OF CONTRACTOR........................................................... GS-5
PROJECT SAFETY & RESPONSIBILITY OF CONTRACTOR TO
ACT IN AN EMERGENCY ............................................................. GS-5
LABORCODE .......................................................................................... GS-6
CHANGESIN THE WORK ....................................................................... GS-6
CHANGES IN CONTRACT PRICE........................................................... GS-6
INDEMNITY AGREEMENT/HOLD HARMLESS....................................... GS-7
LIABILITY INSURANCE ........................................................................... GS-8
EQUAL EMPLOYMENT OPPORTUNITY............................................... GS-12
�
G:\rda\Mclissa Wightman\Onc yuail placr'.New Monument Signagr Bid Docs.doc
SECTION 1 GENERAL SPECIAL PROVISIONS..............................................1
GSP-1 INSTRUCTION RELATING TO EXISTING CONDITIONS.......................1
GSP-2 WORKMANSHIP AND MATERIALS........................................................1
GSP-3 PROTECTION OF PERSONS, WORK AND PROPERTY.......................1
GSP-4 COORDINATION.....................................................................................2
GSP-5 GUARANTEE AND/OR WARRANTY ......................................................2
GSP-6 PERMITS AND LICENSES......................................................................2
GSP-7 DUST CONTROL/AIR CONTAMINATES ................................................3
GSP-8 CONSTRUCTION SCHEDULE................................................................3
SECTION 2 SUBMITTALS.......................................................................... SU-1
1. SAMPLES......................................................................................... SU-1
2. SHOP DRAWINGS........................................................................... SU-1
3. MESSAGE SCHEDULE.................................................................... SU-2
4. PATTERNS AND/OR PHOTO-READY ART .................................... SU-2
5. ENGINEERING CALCULATIONS .................................................... SU-2
SECTION 3 PRODUCTS ............................................................................ PR-1
1. MATERIALS: BASIC......................................................................... PR-1
SECTION 4 EXECUTION......................................................................................EX-1
2. CONSTRUCTION..............................................................................EX-1
3. INSTALLATION .................................................................................EX-2
4. ADJUSTMENTS AND REPAIRS .......................................................EX-3
5. CLEANING .........................................................................................EX-3
5. MAINTENANCE.................................................................................EX-3
. ��
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(NO CONTRACT W/LL BE CONSIDERED UNLESS TH/S DOCUMENT IS
COMPLETED /N FULL. ALL APPL/CABLE/TEMS MUST BE FILLED OU�
INFORMATION REQUIRED OF CONTRACTOR
The contractor is required to supply the following information. Additional sheets
may be attached if necessary.
(1) Address
(2) Telephone No.
(3) Type of Firm (Individual, Partnership or Corporation)
(4) Corporation organized under the laws of the State of
(5) CONTRACTOR's License No. Exp. Date
CONTRACTOR hereby swears under penalty of perjury that this information
provided is true and correct.
By: Title:
Signature CONTRACTOR
(6) List the names and addresses of all owners of the firm or names and titles of all
officers of the corporation:
(7) Number of years' experience as a contractor in construction work
(8) List at least three similar projects completed recently:
Contract Class of Date Name, Address &
Amount Work Completed Telephone No.
of Owner
1.
2.
3.
A-1
G:�.rJa Mclissa Wightman`One quail place'�.New Wtonument Signage Bid Docs.doc
(9) List the names and addresses of each subcontractor who will perform work in or
about the work improvement, and indicate what portion of the work will be done by each
subcontractor:
Subcontractor's Name:
License Number:
Address:
Telephone:
Wor{c to be performed:
Subcontractor's Name:
License Number:
Address:
Telephone:
Work to be performed:
Subcontractor's Name:
License Number:
Address:
Telephone:
Work to be performed:
(10) List the name of the person who inspected the site of the proposed work for your
firm
A-2
G:�rJa Mclissa Wightman�Onc yuail place�Ncw Monwnrnt Si�age Bid Docs.doc
AFFIRMATIVE ACTION PROGRAM
This is an Equal Employment Opportunity Status Report. If the anticipated amount of
the contract exceeds $10,000.00, or if the anticipated annual amount of purchase
orders placed with a vendor exceeds $10,000.00, preparation of this form is required.
Supplier
Name: Telephone:
Street
Address:
City: State: Zip:
Number of
Emplovees:
This Firm is:
Independently Owned and Operated
An Affiliate } Parent Company:
or Address:
a Subsidiary }
or
a Division }
Seller Seller
Has Has
Not
^ Held contracts or subcontracts subject to the Equaf
Opportunity Clause of Executive Order 112246.
Filed Equal Employment Opportunity Information Report
EEO-1 when required.
Developed a written Affirmative Action Program.
Seller's Equal Employment Opportunity Program has has not been subject
to a Government Equal Opportunity Compliance Review. If so, when?
Signature: Date:
Title:
B-1
G:vJa'.Mclissa WighUnan�Onr yuail place�New Monument Signage Bid Docs.doc
CONTRACTOR'S LICENSE
CONTRACTOR's License
No: issued on: , has not
been revoked.
The license expiration date is . The representations
made herein are made under penalty of perjury.
Signed this day of , 20_
Name of CONTRACTOR or Contracting Firm
Address
Signature
By:
c-i
G:'.rda',Mclissa Wightman Onc quail place`New Monument Signagc Bid Docs.doc
AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2007,
by and between Palm Desert Redevelopment Housing Authority, California, hereafter
called "OWNER," and hereinafter
called "CONTRACTOR."
WITNESSETH
RECITALS:
CONTRACTOR has submitted to OWNER its CONTRACTOR's Proposal for the
construction of OWNER Project,
1. ONE QUAIL PLACE - MONUMENT SIGNAGE, CONTRACT NO. HA-
in strict accordance with the Contract Documents identified below and OWNER has
accepted said Proposal.
2. CONTRACTOR states that it has re-examined its CONTRACTOR's Proposal and
found it to be correct, has ascertained that its subcontractors are properly licensed and
possess the requisite skill and forces, has examined the site and Contract in
accordance with the Contract Documents for the money set forth in its Proposal to be
paid as provided in the Contract Documents.
AGREEMENT:
IT IS AGREED BY THE PARTIES AS FOLLOWS:
1. Contract Documents: The entire contract consists of the following: (a) The
Agreement; (b) The CONTRACTOR's Estimate; (c) The Performance Bond; (d) The
Payment Bond; (e) The General Conditions; (f) The Special Provisions; (g) Any
additional or supplemental specifications, notices, instructions and drawings issued in
accordance with the provisions of the Contract Documents. All of said Documents
presently in existence are by this reference incorporated herein as if here set forth in full
and upon the proper issuance of their documents they shall likewise be deemed
incorporated.
2. CONTRACTOR shall commence the work within ten (10) calendar days after the
date of the Notice to Proceed and will do a11 things necessary to construct the work
generally described in Recital No. 1 in accordance with the Contract Documents and will
complete said work within seventv-five (75) calendar days from the Notice to Proceed
date to the satisfaction of the OWNER's REPRESENTATIVE.
3. That the CONTRACTOR agrees to indemnify, defend, and hold harmless the
OWNER, and its officers, and employees, and the signage designer from any
and all claims and losses accruing or resulting to any and all contractors,
D-1
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subcontractors, materialmen, laborers, and any other person, firm or corporation
furnishing or supplying work, services, materials or supplies in connection with
the performance of this Agreement.
4. Failure of the Contractor to complete the Work within the time allowed will result
in damages being sustained by the OWNER. Such damages are, and will
continue to be, impracticable and extremely difficult to determine. For each
consecutive calendar day in excess of the time specified for the completion of
Work, the CONTRACTOR shall pay to the OWNER, or have withheld from
monies due it, the sum of $50.
5. Should any litigation or arbitration be commenced between the parties
concerning the works of improvements as referenced herein, the prevailing party
in any such litigation, being the OWNER or the CONTRACTOR, should be
entitled to a reasonable sum for attorney's fees incurred in any such litigation
relating to this Contract.
6. This Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns.
7. CONTRACTOR shall be paid in the manner set forth in the Contract Documents
the amount of its proposal as accepted by OWNER, subject to such additions
and deductions as may be made pursuant to the Contact Documents and
applicable law.
8. Execution of the Agreement by the parties constitutes their agreement to abide
by all applicable provisions of the California Labor Code; constitutes
CONTRACTOR's certification that he is aware of the provisions of said Code and
will comply with them; and further constitutes CONTRACTOR's certification as
follows:
"I am aware of the provisions of Section 3700 of the California
Labor Code which requires every employer to be insured against
liability for worker's 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."
D-2
G:\rda\Mclissa Wightman\Onc quail place\New Monument Signage Did Docs.dcx:
IN WITNESS WHEREOF the parties hereto have executed or caused to be
executed by their duly authorized officials, this Agreement which shall be deemed an
original on the date first above written.
PALM DESERT HOUSING "CONTRACTOR" (signature to be
AUTHORITY notarized)
By: By:
Richard S. Kelly, Chairman Title
Attest:
Rachelle D. Klassen, Secretary
Approved as to Form:
Title
David J. Erwin, City Attorney
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CONTRACTOR'S CERTIFICATE REGARDING
WORKER'S COMPENSATION
Labor Code Section 3700 in relevant part provides:
Every employer except the State shall secure the payment of compensation in
one or more of the following ways:
1. By being insured against liability to pay compensation in one or more
insurers duly authorized to write compensation insurance in this State.
2. By securing from the Director of Industrial Relations a certificate of
consent to self-insure, which may be given upon fumishing proof of
satisfactory to the Director of Industrial Relations of ability to self-insure
and to pay any compensation that may become due to his employees.
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 of that code, and I will comply with such
provision before commencing the performance of the work of this contract.
Proper Name of Bidder
By:
�In accordance with Article 5 - commencina at Section 1860), Chapter 1, part 7 Division
of the Labor Code, the above certificate must be siqned and filed with the awardinq
bodv prior to performinq anv work under this contract.)
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WORKER'S COMPENSATION/EMPLOYER'S LIABILITY ENDORSEMENT
Endorsement No.
A. POLICY INFORMATION
1. Insurance Company ("the Company")
Policy No.
2. Effective Date of this Endorsement
3. Name Insured
4. Employer's Liability Limit (Coverage B)
B. POLICY AMENDMENTS
In consideration of the policy premium and notwithstanding any inconsistent
statement in the policy to which this endorsement is attached or any other
endorsement attached hereto, it is agreed as follows:
1. Cancellation Notice. The insurance afforded by this policy shall not be
suspended, voided, cancelled, reduced in coverage or in limits except
after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the AUTHORITY. Such notice shall be
addressed as shown in the heading of this endorsement.
2. Waiver of Subroaation. The Insurance Company agrees to waive all rights
of subrogation against the AUTHORITY, its elected or appointed officers,
officials, agents, and employees for losses paid under the terms of this
policy which arise from work performed by the Named Insured for the
AUTHORITY.
C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE
INSURER.
I, , warrant that 1 have authority to bind the
(print or type name)
below listed insurance company and, by my signature hereon, do so bind this
company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(original signature required on endorsement furnished
to the DISTRICT)
ORGANIZATION: TITLE:
ADDRESS: TELEPHONE:
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D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE
INSURER
I, , warrant that I have authority
to bind (prinUtype name)
the below listed insurance company and, by my signature hereon, do so bind this
company.
SIGNATURE OF AUTHORIZED REPRESENTATIVE
(original signature required on endorsement furnished
to the DISTRICT)
ORGANIZATION: TITLE:
ADDRESS: TELEPHONE:
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PALM DESERT HOUSING AUTHORITY
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the Palm Desert Housing Authority (sometimes referred to
hereinafter as "Obligee") has awarded to (hereinafter
designated as the "CONTRACTOR"), an agreement dated , described as
follows: ONE QUAIL PLACE MONUMENT SIGNAGE, CONTRACT NO. HA- ,
(hereinafter referred to as the "ContracY'); and
WHEREAS, said CONTRACTOR is required to furnish a bond in connection with said
Contract, and pursuant to Section 3247 of the California Civil Code;
NOW, THEREFORE, we, , the undersigned
CONTRACTOR, as Principal, and a corporation
organized and existing under the laws of the State of , and duly
authorized to transact business under the laws of the State of California, as Surety, are
held and firmly bound unto the Palm Desert Housing Authority and to any and all
persons, companies or corporations entitled to file stop notices under Section 3181 of
the California Civil Code, in the sum of Dollars
($ ), said sum being not less than one hundred percent (100%) of the total
amount payable by the said Obligee under the terms of the said Contract, for which
payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said CONTRACTOR, his or
its heirs, executors, administrators, successors or assigns, or Subcontractors, shall fail
to pay for any materials, provisions or other supplies, implements, machinery or power
used in, upon, for or about the performance of the Public Work contracted to be done,
or to pay any person for any work or labor of any kind, or for bestowing skills or other
necessary services thereon, or for amounts due under the Unemployment Insurance
Code with respect to such work or labor, or for any amounts required to be deducted,
withheld, and paid over to the Employment Development Department from the wages of
employees of said CONTRACTOR and his or its Subcontractors pursuant to Section
13020 of the Unemployment Insurance Code with respect to such work and labor as
required by the provisions of Section 3247 through 3252 of the Civil Code, or for any
amounts required to be deducted, withheld, and paid over to the Franchise Tax Board
or Internal Revenue Service from the wages of employees of the CONTRACTOR or his
or its Subcontractors, the Surety or Sureties hereon will pay for the same in an amount
not exceeding the sum specified in this bond, othenivise the above obligation shall be
void. In addition to the provisions herein above, it is agreed that this bond will inure to
the benefit of any and all persons, companies and corporations entitled to serve stop
notices under Section 3181 of the Civil Code, so as to give a right of action to them or
their assigns in any suit brought upon this bond.
The Surety, for value received, hereby stipulates and agrees that no change, extension
of time, alteration or addition to the terms of the said Contract or to the work to be
performed thereunder or the Specifications accompanying the same shall in any way
affect its obligations on this bond, and it does hereby waive notice of any such change,
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extension of time, alteration or addition to the terms of the Contract or to the
Specifications.
No final settlement between the Obligee and the CONTRACTOR hereunder shall
abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
CONTRACTOR and Surety agree that if the Obligee is required to engage the services
of an attorney in connection with the enforcement of the bond, each shall pay Obligee's
reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day
of , 20
PRINCIPAUCONTRACTOR: SURETY:
(Typed Name of CONTRACTOR) (Typed Name of Surety)
By: By:
(Signature) (Signature of Attorney-in-Fact)
(Typed Name and Title) (Typed Name of Attorney-in-Fact)
The rate of premium on this bond is per thousand.
The total amount of premium charged: $
(the above must be filled in by corporate surety).
IMPORTANT: Surety companies executing bonds must possess a certificate of
authority from the California lnsurance Commissioner authorizing them to write surety
insurance defined in Section 105 of the California lnsurance Code, and if the work or
project is financed, in whole or in part, with federal, grant or loan funds, it must also
appear on the Treasury Department's most current list (Circular 570 as amended).
THIS IS A REQUIRED FORM.
Any claims unde�this bond may be addressed to:
(Name, Address and Telephone No. of Surety)
(Name, Address and Telephone No. of agent
or representative for service of process in
California if different from above)
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PERFORMANCEBOND
KNOW ALL MEN BY THESE PRESENTS:
That whereas the Palm Desert Housing Authority has awarded to
after
designated as the "Principal," a contract for: ONE QUAIL PLACE MONUMENT
SIGNAGE, CONTRACT NO. HA-
WHEREAS, said Principal is required under the terms of said contract to furnish a good
and sufficient bond for the performance of said contract:
NOW THEREFORE, WE, the Principal, and as
Surety, are held and firmly bound unto the Palm Desert Housing Authority hereinafter
called the OWNER, in the penal sum of
Dollars ($ ),
being 100% of the contract amount in lawful money of the United States of America for
the payment of which sum we�l and truly to be made, we hereby bind ourselves, our
heirs, executors, administrators, and successors, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal,
his executors, heirs, administrators, and successors, or assigns, shall in all things stand
to and abide by, and wefl and truly keep and perform the covenants and agreements in
the said contract and any alterations thereof made as therein provided, on his or their
part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to their true intent and meaning, and shall indemnify and save
harmless the OWNER, its officers and agents, as therein stipulated, then this obligation
shall become null and void; otherwise, it shall be and remain in full force and virtue.
And the said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to terms of the contract or to the work to be
performed thereunder or the specifications accompanying the same shall in any wise
affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alterations or additions to the terms of the contract or to the work or
the specifications.
Should it become necessary for the OWNER to institute a lawsuit or any other legal
proceeding to enforce the terms and conditions of this bond, then all costs of said
proceeding, including attorneys' fees, shall be awarded to the prevailing party.
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IN WITNESS WHEREOF, identical counterparts of this instrument, each of which shall
for all purposes be deemed an original thereof, have been duly executed by the
Principal and Surety above named, on this day of
, 2007.
SURETY PRINCIPAL
BY: BY:
INSURANCE COMPANY and/or AGENT
ADDRESS
TELEPHONE NUMBER
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PALM DESERT HOUSING AUTHORITY
GENERAL SPECIFICATIONS
FOR
ONE QUAIL PLACE MONUMENT SIGNAGE
CONTRACT NO. HA-
SCOPE OF WORK
The work to be done consists of furnishing all materials, equipment, tools, labor
and incidentals as required by the contract documents for detailing, permitting,
fabricating, delivering, installing, and making operational three monument signs at One
Quail Place.
The general items of work to be done hereunder consists of fabrication and installation
of three monument signs, including: engineering foundations for signs in sufficient detail
(if required) so as to obtain construction permits; providing shop drawings, samples, and
submittals; fabricating monument signs; delivering and installing signs; cooperating with
neighboring residences so as to minimize disruption; and restoring any disturbed
landscaping, hardscape, or improvements to like-new conditions.
LOCATION OF WORK
At 72-600 Fred Waring Drive, a residential complex bounded by Fred Waring
Drive, Park View Drive, neighboring properties, and the Palm Valley Storm in Palm
Desert, California.
TIME OF COMPLETION
The CONTRACTOR shall complete all work in every detail as specified in
Section 2, Page J-1 of the Agreement.
UTiLITY REQUIREMENTS
The CONTRACTOR is advised of the existence of the utility notification service
provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will
provide the CONTRACTOR with the precise locations of their substructures in the
construction area when the CONTRACTOR gives at least 48 hours notice to the
Underground Service Alert by calling 1-800-422-4133.
The CONTRACTOR shall obtain ail necessary permits and notify the following
agencies at least 48 hours in advance of excavating around any of their structures. The
utility companies listed below can be contacted as indicated. It shall be the responsibility
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of the CONTRACTOR to coordinate all phases of construction with the various utility
companies involved.
1. The Gas Company
Protection of existing facilities by CONTRACTOR.
P.O. Box 3003
Redlands, CA 92373
Contact: Ken Kennedy
Tel: 909-335-7716
2. Southern California Edison Company (SCE)
Protection of existing facilities by CONTRACTOR.
Adjustment or relocation of facilities as shown on the plans by SCE.
36-100 Cathedral Canyon Drive
Cathedral City, CA 92234
Contact: Ralph Meraz
Tel: 760-202-4286
Fax: 760-202-4294
3. Verizon
Protection of existing facilities by CONTRACTOR.
Adjustment or relocation of facilities as shown on the plans by Verizon.
295 N. Sunrise Way
Palm Springs, CA 92262
Contact: AI Hilt
Tel: 760-778-3627
Fax: 760-325-2536
4. Coachella Valley Water District
Protection of existing facilities.
P.O. Box 1058
Coachella, CA 92236
Contact: Joe Joslin
Tel: 760-398-2651
Fax: 760-398-3711
5. Time-Warner Cable
Protection of existing facilities by CONTRACTOR.
Adjustment or relocation of facilities as shown on the Plans by Time Warner.
41-725 Cook Street
Palm Desert, CA 92260
Contact: Dale Scrivner
Tel: 760-340-1312
Fax: 760-341-8065
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The location and existence of utilities and improvements shown on the plans are
approximate and taken from available records. The CONTRACTOR shall verify the
location of existing improvements and shall take all precautions to protect them whether
shown or not. The CONTRACTOR shall notify underground service alert at 1-800-422-
4133 at least 48 hours prior to any excavation.
The exact location and identification of all existing utilities shall be determined by
the CONTRACTOR prior to the start of any work. The CONTRACTOR shall protect-in-
place all utilities.
Clavton Act and Cartwriqht Act
Section 4551 of the State Government Code specifies that in executing a public
works contract with the AUTHORITY to supply goods, services or materials, the
CONTRACTOR or Subcontractors offers and agrees to assign to the AUTHORITY 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 Sec. 16700) of Part 2 of Division 7 of the Business and Professional Code arising
from purchase of goods, services or materials pursuant to the contract or subcontract.
This assignment shall become effective when the AUTHORITY tenders final
payment to the CONTRACTOR without further acknowledgment by the parties.
SUBSTITUTION OF SECURITIES
In conformance with the State of California Government Code Chapter 13,
Section 4590, the CONTRACTOR may substitute securities for any moneys withheld by
the AUTHORITY to ensure performance under the contract.
At the request and expense of the CONTRACTOR, securities equivalent to the
amount withheld shall be deposited with the Housing Authority or with a State or
Federally chartered bank as the escrow agent who shall pay such moneys to the
CONTRACTOR upon notification by AUTHORITY of CONTRACTOR's satisfactory
compfetion of the contract.
The type of securities deposited and the method of release shall be
approved by the City Attorney's office.
FINAL INSPECTION — NOTICE OF COMPLETION
When the work is ready for final inspection OWNER will cause the work to be
inspected and subject to such tests as seem to be required for the purpose af
determining if the work is complete in every respect.
Upon acceptance of the work the OWNER shall issue a Notice of Acceptance to
the CONTRACTOR and a Notice of Completion will be recorded.
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As between the parties, the recordation of the Notice of Completion, unless
recorded because of a cessation of labor, means only that the time for final payment
and the commencement of the guarantee period begins.
GUARANTEE
The CONTRACTOR shall warrant and guarantee all materials and equipment
furnished and work performed for a period of one (1) year from the date of Notice of
Completion and that the completed system is free from all defects due to faulty
materials or workmanship. The CONTRACTOR shall promptly make such corrections
as may be necessary by reason of such defects including the repairs of any damage to
other parts of the system resulting from such defects.
The OWNER will give notice of observed defects with reasonable promptness. In
the event that the CONTRACTOR should fail to make such repairs, adjustments, or
other work that may be made necessary by such defects, the OWNER may do so and
charge the CONTRACTOR the cost thereby incurred. The Performance Bond shall
remain in full force and effect through the guarantee period.
PAYMENT AND MONTHLY ESTIMATES
Once a month, the CONTRACTOR will submit to the OWNER's
REPRESENTATIVE a partial payment estimate filled out and signed by the
CONTRACTOR covering the work performed during the period covered by the partial
payment estimate and supported by such data as the OWNER's REPRESENTATIVE
may reasonably require.
CONTRACTOR is advised that he may, at his sole cost and expense, substitute
securities equivalent to any moneys withheld by the OWNER to insure performance
under the contract. Such securities shall be deposited with the OWNER or with a State
or Federally Chartered Bank as escrow agent and shall pay such moneys to the
CONTRACTOR upon satisfactory completion of the contract. The CONTRACTOR shall
be the beneficial owner of any securities substituted for moneys withheld and shall
receive any interest thereon. Securities eligible for investment under this section shall
include those listed in Government Code Section 16430 or bank or savings and loan
certificates of deposit.
FINAL PAYMENT
Within thirty-five (35) days after the completion of the work and its acceptance by
the OWNER, CONTRACTOR shall submit to OWNER's REPRESENTATIVE a final pay
estimate with his written approval of said proposed final estimate or written statement of
all claims which he has for additional compensation claimed to be due under the
contract.
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After said period of thirty-five (35) days, if no claims are submitted, OWNER's
REPRESENTATIVE will issue a final written estimate as submitted to CONTRACTOR
and OWNER shall pay the sum found due thereon after deducting all prior payments
and all amounts to be kept and retained under the provisions of the contract. OWNER's
REPRESENTATIVE shall then consider and investigate CONTRACTOR's claims and
shall make such revisions in the said estimate as he may find to be due, and shall then
make and issue his written estimate.
The final estimate shall be conclusive and binding against both parties to the
contract on all questions relating to the performance of the contract and the amount of
work done thereunder and compensation therefor, except in the case of gross error.
Acceptance of final payment constitutes a release of OWNER by CONTRACTOR from
all claims relating to undisputed contract amounts.
Any payment, however, final or otherwise, shall not release the CONTRACTOR
or his sureties from any obligations under the Contract Documents or the Performance
Bond and Payment Bonds.
DOCUMENTS OF CONTRACTOR
Upon demand, CONTRACTOR shall make available to OWNER all documents in
its possession relevant to the work accomplished or to be accomplished or any demand
or claim of the CONTRACTOR as to OWNER. This includes copies of documents sent
by CONTRACTOR or others in its possession. CONTRACTOR shall further make
available to OWNER, conformed copies of all documents submitted to the sureties who
executed the Bid Bond, Faithful Performance Bond or Labor and Materials Bond for the
indemnification made to such surety by others for such purpose. CONTRACTOR shall
maintain in its possession all documents relative to the work for three years after Notice
of Completion.
PROJECT SAFETY AND RESPONSIBILITY OF CONTRACTOR TO ACT IN AN
EMERGENCY
The CONTRACTOR shall take all responsible precautions for the safety of, and
shall provide all reasonable protection to prevent damage, injury or loss to: employees;
all the work and all materials and equipment to be incorporated therein; other property
at the site or adjacent thereto; and vehicular and pedestrian traffic on or near the project
site.
The CONTRACTOR shall give all notices and comply with all applicable laws,
ordinances, rules, regulations and lawful orders of any public authority bearing on the
safety of persons or property or their protection from damage, injury or loss.
In case of an emergency, which threatens loss or injury to property or life,
CONTRACTOR shall act without previous instructions as the situation may warrant.
CONTRACTOR shall notify OWNER's REPRESENTATIVE immediately thereafter.
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LABOR CODE
Reference is made to Chapter 1, Part 7, Division 2 of the California Labor Code
(commencing with Section 1720). By this reference said Chapter 1 is incorporated
herein with like effect as if it were here set forth in full. The parties recognize that said
Chapter 1 deals, among other things with discrimination, penalties and forfeitures, their
disposition and enforcement, wages, working hours, and securing worker's
compensation insurance and directly affect the method of prosecution of the work by
CONTRACTOR and subject it under certain conditions to penalties and forfeitures.
1. Eiqht-Hour Law: Pursuant to the provision of the California Labor Code,
eight hours of labor shall constitute a legal day's work, and the time of
service of any worker employed on the work shall be limited and restricted
to eight hours during any one calendar day, and 40 hours in any one
calendar week, except when payment for overtime is made at not less
than one and one-half the basic rate for all hours worked in excess of
eight hours per day. The CONTRACTOR shall forfeit to the OWNER as a
penalty, $25.00 for each worker employed in the execution of this contract
by him, or by any subcontractor under him, for each calendar day during
which such workman is required or permitted to work more than eight (8)
hours in any one calendar day and forty hours in any one calendar week
without such compensation for overtime violation of the provisions of said
Labor Code.
CHANGES IN THE WORK
The OWNER may at any time, as the need arises, order changes within the
scope of the work without invalidating the Agreement. If such changes increase or
decrease the amount due under the Contract Documents, or in the time required for
performance of the work, an equitable adjustment shall be authorized by Change Order.
No changes in contract time will be granted for changes in work that do not impact
critical path activities.
CHANGES IN CONTRACT PRICE
The Contract Price may be changed only by a Change Order. The value of any
work covered by a Change Order or of any claim for the increase or decrease in the
Contract Price shall be determined by one or more of the following methods in the order
of precedence listed below:
1. Unit prices previously approved.
2. An agreed lump sum.
3. The actual cost for labor, direct overhead, materials, supplies, equipment,
and other services necessary to complete the work. In addition there sha{I
be added an amount to be agreed upon but not to exceed a total of fifteen
(15) percent of the actual cost of the work to cover the cost of general
overhead and profit for the general contractor and all subcontractors.
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INDEMNITY AGREEMENT/HOLD HARMLESS
Except for gross negligence or willful misconduct of an Indemnitee, the
CONTRACTOR hereby assumes liability for and agrees to defend, indemnify, protect
and hold harmless the DESIGNER, the Housing Authority and its officers, agents, and
employees from and against all claims, charges, damages, demands, actions,
proceeding, losses, stop notices, costs, expenses (including counsel fees), judgments,
civil fines and penalties, liabilities of any kind or nature whatsoever, which may arise out
of or encountered in connection with this Agreement or the performance of the Work
including, but not limited to, death of or bodily or personal injury to persons or damage
to property, including property owned by or under the care and custody of the Housing
Authority, and for civil fines and penalties, that may arise from or be caused, in whole or
in part, by any negligent or other act or omission of CONTRACTOR, its officers, agents,
employees, or Subcontractors including, but not limited to, liability arising from:
1. Any dangerous, hazardous, unsafe or defective condition of, in or on the
premises, of any nature whatsoever, which may exist by reason of any
act, omission, neglect, or any use or occupation of the premises by the
CONTRACTOR, its officers, agents, employees, or subcontractors;
2. Any operation conducted upon or any use or occupation of the premises
by CONTRACTOR, its officers, agents, employees, or Subcontractors
under or pursuant to the provisions of this contract or otherwise;
3. Any act, omission or negligence of CONTRACTOR, its officers, agents,
employees or Subcontractors;
4. Any failure of CONTRACTOR, its officers, agents or employees to comply
with any of the terms or conditions of this Contract or any applicable
federal, state regional, or municipal law ordinance, rule or regulation.
The CONTRACTOR also agrees to indemnify Housing Authority and pay for all
damage or loss suffered by Housing Authority including, but not limited to damage or
loss of Housing Authority property, to the extent not insured by Housing Authority and
loss of Housing Authority revenue from any source, caused by or arising out of the
conditions, operations, uses, occupations, acts, omissions or negligence referred to in
Sub-sections (1), (2), (3), and (4).
CONTRACTOR's obligations under this Section apply regardless of whether or
not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost,
expense, judgment, civil fine or penalty, or liability was caused in part or contributed to
by an Indemnitee. However, without affecting the rights of the Housing Authority under
and provision of this agreement, CONTRACTOR shall not by required to indemnify and
hold harmless Housing Authority for liability attributable to the active negligence of
Housing Authority, provided such active negligence is determined by agreement
between the parties or by the findings of a court of competent jurisdiction In instances
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where Housing Authority is shown to have been actively negligent and where Housing
Authority's active negligence accounts for only a percentage of the liability involved, the
obligation of the CONTRACTOR will be for that entire portion or percentage of liability
not attributable to the active negligence of Housing Authority.
CONTRACTOR agrees to obtain executed indemnity agreements with provisions
identical to those set forth here n this section from each and every subcontractor or any
other person or entity involved by, for, with, or on behalf of CONTRACTOR in the
performance of this agreement. In the event that CONTRACTOR fails to obtain such
indemnity obligations from others as required here, CONTRACTOR agrees to by fully
responsibly according to the terms of this section.
Failure of Housing Authority to monitor compliance with these requirements
imposes no additional obligations on Housing Authority and will in no way act as a
waiver of any rights hereunder. This obligation to indemnify and defend Housing
Authority as set forth here is binding on the successors, assigns or heirs of
CONTRACTOR and shall survive the termination of this agreement or this section.
This Indemnity shall survive termination of the Agreement or Final Payment
hereunder. This Indemnity is in addition to any other rights or remedies that the
Indemnitees may have under the law or under any other Contract Documents or
Agreements. In the event of any claim or demand made against any party which is
entitled to bye indemnified hereunder, Housing Authority may, in its sole discretion,
reserve, retain or apply any monies to the CONTRACTOR under this Agreement for the
purpose of resolving such claims; provided, however, Housing Authority may release
such funds if the CONTRACTOR provides Housing Authority with reasonable
assurance of protection of the Indemnitees' interests. Housing Authority shall, in its sole
discretion, determining whether such assurances are reasonable.
LIABILITY INSURANCE
The CONTRACTOR shall procure and maintain for the duration of the contract
commercial general liability insurance against claims for injuries to persons or damages
to property which may arise from or in connection with the performance of the work
hereunder by the CONTRACTOR, his agents, representatives, employees or
subcontractors. The cost of such insurance shall be borne by the CONTRACTOR.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the state of California and with an A.M. Best rating of A- or better
and a minimum financial size VII.
Any deductibles or self-insured retentions must be declared to the Housing
Authority and approved by the Risk Manager. The general commercial liability
endorsement shall contain the following provisions:
1. Commercial General Liability Insurance using Insurance Services Office
"Commercial General Liability" policy form CG 00 01 or the exact equivalent.
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Defense costs must be paid in addition to limits. There shall be no cross liability
exclusion for claims or suits by one insured against another. Limits shall by not
less than $1,000,000 per occurrence for all covered losses and no less than
$2,000,000 general aggregate. "The City, the Housing Authority, its officials,
employees, and volunteers, and the DESIGNER are to bye covered as
additionally insureds."
2. Worker's Compensation on a state-approved policy form providing statutory
benefits as required by law with employer's liability limits not less than
$1,000,000 per accident or disease for all covered losses.
3. Business Auto Coverage on an ISO Business Auto Coverage form CA 00 01
06 92 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no
less than $1,000,000 per accident, combined single limit. If CONTRACTOR
owns no vehicles, this requirement may be satisfied by a non-owned auto
endorsement to the general liability policy described above. If CONTRACTOR or
CONTRACTOR's employees will use personal autos in any way on this project,
CONTRACTOR shall provide evidence of personal auto liability coverage for
each such person.
The contractor also agrees to the following:
1. CONTRACTOR agrees to endorse third party general liability coverage required
here to include as additional insureds the DESIGNER, the City, the Housing
Authority, its officials, employees and agents. CONTRACTOR also agrees to
require the same provision of all subcontractors, joint ventures or other parties
engaged by or on behalf of CONTRACTOR in relation to this agreement.
2. CONTRACTOR agrees to provide evidence of the insurance required herein,
satisfactory to Housing Authority, consisting of: a) certificate(s) of insurance
evidencing all of the coverages required and b) an additional insured
endorsement to CONTRACTOR's general liability policy using Insurance
Services Office form CG 20 10 11 85. CONTRACTOR agrees, upon request by
Housing Authority to provide complete, certified copies of any policies required
by this section, within 10 days of such request. Any actual or alleged failure on
the part of Housing Authority or any other additional insured under these
requirements to obtain proof of insurance required under this Agreement in no
way waives any right or remedy of Housing Authority or any additional insured, in
this or any other regard.
3. CONTRACTOR agrees to endorse insurance policies provided pursuant to these
requirements, to provide notice to Housing Authority 60 days prior to cancellation
of such liability coverage or any material alteration or non-renewal of any such
coverage. CONTRACTOR shaN assure that this provision also applies to any
subcontractors, joint venturers or any other party engaged by or on behalf of
CONTRACTOR in relation to this agreement. Certificate(s) are to reflect that the
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insurer will provide 60 days notice to Housing Authority of any cancellation of
coverage. CONTRACTOR agrees to require its insurer or agent to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to
mail written notice of cancellation imposes no obligation, or that any party will
"endeavor" (as opposed to being required) to comply with the requirements if the
� certificate.
4. It is acknowledged by the parties of this agreement that all insurance coverage
required to by provided by CONTRACTOR of any subcontractor, is intended to
apply on a primary non-contributing basis in relation to any other insurance or
self insurance available to Housing Authority. Policies shall contain or be
endorsed to contain such provisions.
5. All coverage types and limits required are subject to approval, modification and
additional requirements by the Housing Authority, as the need arises,
CONTRACTOR shall not make any reductions in scope of coverage (e.g.
elimination of contractual liability or reduction of discovery period) that may affect
Housing Authority's protection without Housing Authority's prior written consent.
6. No liability policy shall contain any provision or definition that would serve to
eliminate so-called "third party action over" claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or subcontractor.
7. No liability insurance coverage provided to comply with this Agreement shall
prohibit CONTRACTOR, or CONTRACTOR's employees, or agents, from
waiving the right of subrogation prior to a loss. CONTRACTOR waives its right of
subrogation against Housing Authority.
8. All insurance coverage maintained or procured pursuant to this Agreement shall
be endorsed to delete the subrogation condition as to Housing Authority, or to
specifically allow CONTRACTOR or others providing insurance herein to waive
subrogation prior to a loss. This endorsement shall be obtained regardless of
existing policy wording that may appear to allow such waivers.
9. In the event any policy of insurance required under Agreement does not comply
with these requirements or is cancelled and not replaced, Housing Authority has
the right but no the duty to obtain the insurance it deems necessary and any
premium paid by Housing Authority will be promptly reimbursed by
CONTRACTOR or Housing Authority will withhold amounts sufficient to pay
premium from contractor payments.
10. CONTRACTOR acknowledges and agrees that any actual or alleged failure on
the part of Housing Authority to inform CONTRACTOR of non-compliance with
any requirement imposes no additional obligations on Housing Authority nor does
it waive any rights hereunder.
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11. CONTRACTOR agrees to require all subcontractors or other parties hired for his
project to provide the same insurance as required of CONTRACTOR unless
otherwise agreed to by Housing Authority. The subcontractor's general liability
insurance shall add as additional insureds all parties to this Agreement using
Insurance Services Office form CG 20 10 44 85.
CONTRACTOR agrees to obtain certificates evidencing such
coverage and make reasonable efforts to ensure that such
coverage is provided as required here.
12. For purposes of insurance coverage only, this Agreement will be deemed to have
been executed immediately upon any party hereto taking any steps that can by
considered to by in furtherance of or toward performance of this Agreement.
13. The provisions of any worker's compensation or similar act will not limit the
obligations of CONTRACTOR under this Agreement. CONTRACTOR expressly
agrees not to use any statutory immunity defenses under such laws with respect
to Housing Authority, its employees, officials and agents, and the DESIGNER.
14. The insurance requirements set forth in this Section are intended to be separate
and distinct from any other provision in this Agreement and are intended to by
interpreted as such.
15. Unless otherwise approved by Housing Authority, insurance provided pursuant to
these requirements shall be by insures authorized to do business in California
and with an A.M. Best rating of A- or better and a minimum financial size of VII.
16. CONTRACTOR agrees to provide immediate notice to Housing Authority of any
claim or loss against CONTRACTOR arising out of the work performed under this
agreement. Housing Authority assumes no obligatian or liability by such notice,
but has the right (but not the duty) to monitor the handling of any such clam or
claims if they are likely to involve the Housing Authority.
17. CONTRACTOR agrees to have its general liability coverage endorsed so that all
coverage limits required by this agreement are available separately for each and
every location at which CONTRACTOR conducts operations of any type on
behalf of Housing Authority. CONTRACTOR warrants that these limits will not be
reduced except by losses attributable to those specific locations and not by
losses from any other operations of CONTRACTOR.
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EQUAL EMPLOYMENT OPPORTUNITY
General
CONTRACTOR shall not discriminate in its recruiting, hiring, promotion,
demotion or termination practices on the basis of race, religions creed, color, national
origin, ancestry, sex, age or physical handicap in the performance of this Contract and
shall comply with the provisions of the California Fair Employment Practice
(commencing with SS 1410 of the Labor Code), the Federal Executive Order No. 11246
(30 Federal Register 12319), as amended, and all administrative rules and regulations
issued pursuant to said Acts and Order. See particularly 41 Code of Federal Regulation
(CRF) Chapter 60.
CONTRACTOR shall require each of its subcontractors to comply with the
preceding paragraph and shall include in each subcontract language similar to the
preceding paragraph.
1. Transaction of$10.000 or under
A. Contracts and subcontracts not exceeding $10,000 are exempt from
requirements of this clause.
B. No CONTRACTOR or subcontractor shall procure supplies and/or
services in less than usual quantities to avoid applicability of the Equal
Opportunity clause. With respect to contracts and subcontracts for
indefinite quantities, this Equal Opportunity Clause shall apply unless it is
determined by the OWNER that the amount to be ordered in any one year
under such contract reasonably will be expected not to exceed $10,000.
2. Transaction in Excess of$10.000, But Less than $50.000
A. Each prime CONTRACTOR shall certify that it has in effect an affirmative
action plan and agrees to comply with all state and federal laws and
regulations concerning Fair Employment Practices.
B. The CONTRACTOR shall maintain a w�itten copy of its affirmative action
plan and will furnish a copy to the OWNER upon request of the OWNER.
The OWNER reserves the right, during the life of this contract, to require
CONTRACTOR to complete an affirmative action compliance report
furnished by the OWNER setting definite goals and timetables and
indicating progress in meeting the goals.
3. Transactions of$50.000 or More
A. Each prime CONTRACTOR who has fifty or more employees and a
contract of $50,000 or more shall develop and submit to the OWNER
within thirty days of award a written affirmative action compliance program
including definite goals and time tables with the proposed dates of
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compliance. The prime CONTRACTOR shall make, as a condition of his
subcontract, the same requirement of each subcontractor who has fifty or
more employees and a subcontract of $50,000 or more. Each
CONTRACTOR shall include in his affirmative action compliance program
a complete table of his employees' job classifications. This table must
include, but need not be limited to, job titles, duties and rates of pay.
B. For the purpose of determining the number of employees under the
preceding paragraph, the average of the CONTRACTOR's or
subcontractor's employees for the 12-month period immediately prior to
award, or the total number of employees CONTRACTOR or subcontractor
will have on all jobs or sites when performing this contract, whichever is
higher, shall be used.
4. CONTRACTOR agrees that he will permit access to his records of employment
advertisement, application forms and other pertinent data and records by the
OWNER or his designee and any state or federal agency having jurisdiction for
the purposes of investigation to ascertain compliance with the Fair Employment
Practices section of this contract.
5. The OWNER shall have the right to assign an affirmative action representative to
monitor the conduct of the CONTRACTOR and subcontractors under this
contract. The affirmative action representative shall have the right to enter the
construction or manufacturing site for the purpose of obtaining information from
persons performing work on the project, providing such inspection shall not in
any way interfere with the progress of the work under the contract.
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SECTION 1 GENERAL SPECIAL PROVISIONS
Accepting this contract, CONTRACTOR hereby releases and agrees to indemnify,
defend, hold harmless the OWNER, DESIGNER, their parent and subsidiary
companies, agents, employees, consultants and representatives for any and all damage
to persons or property or wrongful death regardless of whether or not such claim,
damage, loss or expense is caused in whole or in part by the negligence, active or
passive, of OWNER, DESIGNER, their parent and subsidiary companies, as well as
their agents and employees, excepting only the sole negligence of OWNER,
DESIGNER, their parent or subsidiary companies and their agents and employees to
the fullest extent permitted by law. Such indemnification shall extend to all claims,
demands, actions, or liability for injuries, death or damages occurring after completion of
the project, as well as during the work's progress. CONTRACTOR further agrees that it
shall accomplish the above at its own cost, expense and risk exclusive of and
regardless of any applicable insurance policy or position taken by any insurance
company regarding coverage.
GSP-1 INSTRUCTION RELATING TO EXISTING CONDITIONS
The Contractor shall take measurements at the site and shall check all
measurements and grades on the contract drawings or subsequent drawings.
Such Information given on the contract drawings and in the specifications relative
to existing conditions has been obtained from sources believed to be reliable, but
shall be subject to verification in the field. The contractor must field verify exact
locations and conditions for each sign and notify the Owner, in writing, of any
discrepancies, omissions, or clarifications as they affect sign design or location.
GSP-2 WORKMANSHIP AND MATERIALS
The Contractor shall warrant and guarantee that none but experienced workmen
will be employed on the work and that all items fabricated and/or provided by him
shall be of the best of their respective kinds. The Contractor certifies that he is
able to furnish sufficient forces to ensure prosecution of the work in accordance
with approved progress schedules and that he can furnish a work force that can
work in harmony with all the elements of labor employed in the work and at the
site of the work.
GSP-3 PROTECTION OF PERSONS, WORK AND PROPERTY
The Contractor shall protect the work, workers, public, and others during the
course of the work. The Contractor shall be responsible for the work until it is
acceptable by the Owner, and the Contractor shall cover and protect all items
from damage during transportation, storage and installation. If any loss or
damage occurs prior to acceptance by the Owner, the Contractor shall promptly
repair or replace the part or parts lost or damaged, as directed by the Owner's
Representative, at no cost to the Owner.
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The Contractor shall also be responsible for any loss or damage to the Owner's
property and to the property of others due to operations under Contract and shall
make good, at his own expense and to the complete satisfaction of the Owner,
such loss or damage.
The Contractor shall package materials and supplies in biodegradable packing
whenever possible.
GSP-4 COORDINATION
The Contractor shall coordinate all activities related to the work with the Owner's
Representative. It shall be the Contractor's responsibility to accommodate the
reasonable concerns of the Owner, residences, and businesses, which will be
occupied and open for business when the signs are installed.
The Contractor shall also be responsible for coordinating his work with that of
any other trades at the job site and for coordinating excavations as necessary to
protect below-grade utilities, i�rigation lines, telephone lines, and cable TV lines.
GSP-5 GUARANTEE AND/OR WARRANTY
The Contractor shall agree to bring all portions of work to entire completion free
of all defects in materials and workmanship for a period of one (1) year from the
date of final acceptance of the completed work by the Owner.
Defects include but are not limited to: oxidation; dislocation of fasteners,
anchors, welds, or any other connecting devices; de-lamination; pitting of
surfaces or finishes; non-adhesion; warping, canning or other distortions of
uniform surfaces; fading or discoloration.
The Contractor also guarantees, within a reasonable time after receipt of written
notice thereof, to make good any defects in materials and/or workmanship which
may develop within such period for materials and workmanship are guaranteed,
and to pay or cause to be paid for any damage to other work resulting therefrom,
which may develop during the period of one (1) year from the date of final
acceptance of the completed work by the Owner.
GSP-6 PERMITS AND LICENSES
Permits: The CONTRACTOR shall obtain permits for all work within the City of
Palm Desert and State public right-of-way, and the project area and will maintain
proper safety and regulatory signs for such work.
Licenses: The CONTRACTOR shall obtain and pay all costs incurred for
licenses necessitated by his operations. Prior to starting any work, the
CONTRACTOR and all subcontractors, shail be required to have a City of Palm
Desert Business Tax Registration valid for the time they are engaged in work.
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Fees: The CONTRACTOR shall be responsible for all inspection fees required
by agencies other than the City of Palm Desert necessitated by his operations for
this project. This includes fees required for inspection work within the right-of-way
of these other agencies and other public right-of-way. The cost of these fees
shall be included in the bid and no additional compensation will be allowed
therefore.
GSP-7 DUST CONTROL/AIR CONTAMINATES
The CONTRACTOR must comply with the City of Palm Desert's Municipal Code,
Chapter 8.20, "Public Nuisances" Chapter 27.12.067, "Blowsand and Dust
Control," and City of Palm Desert Ordinance 294.
Dust generated by traffic, CONTRACTOR's operations, or wind are all included
in the definition of "dust."
The Contractor shall take all necessary steps to reduce PM�o emissions to the
maximum extent feasible.
GSP-8 CONSTRUCTION SCHEDULE
The CONTRACTOR shall complete said work within seventy-five (75) calendar
days from the Notice to Proceed date to the satisfaction of the Owner.
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SECTION 2 SUBMITTALS
1. SAMPLES
Sign Contractor shall submit one (1) complete set of samples of the following to
the Owner for approval prior to fabrication:
A. Material samples for each designated surface finish including:
a. Metal:
Submit actual production sections showing coating color and finish for
aluminum and steel (1 sample per color on 4" x 4" squares)
b. Sealant/Silicone:
Submit sample of sealant and silicone where color match is required.
B. Camera-ready art for Directories or other signs as required.
C. Additional samples for typestyles, materials and finishes as required.
The above samples, when approved, shall establish standards for materials,
colors, finishes and quality of wor}cmanship. Completed work shall exactly match
the standards established by the approved samples, or work will be rejected.
2. SHOP DRAWINGS
A. Within two (2) weeks after award of Contract, Contractor shall provide
Owner with locations.
B. Contractor shall submit one (1) complete sets of fully dimensioned shop
drawings to the Owner for approval prior to fabrication. The shop drawing
submittal shall incorporate all stated elements of the Design Intent
Drawings, the stamped engineering calculations (if required), and the
specifications outlined in Sections 4 and 5 herein. The shop drawings are
expected to include additional details that are not shown on the Design
Intent Drawings (see C and D below). It is not acceptable for the
Contractor to copy/repackage the Design Intent Drawings and label them
as "shop drawings". All such submittals shall be rejected.
C. Shop drawings shall establish the actual detail of all manufactured or
fabricated items and shall include specifications for the finishes to be used
for signagelgraphics. Drawings shall also indicate proper relation to
existing work, reflect all structural engineering requirements (if required),
and incorporate changes of design or construction, as directed by the
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Owner, to suit actual field conditions. In addition, drawings shall indicate
internal structural supports; adhesives; exact location and treatment of
seams and joints; thickness of materials; footing details; and details of
installation, including sign attachments.
D. All shop drawings and construction details must be fully dimensioned.
Use '/2" = 1'-0" minimum for construction details.
E. Contractor must continue to revise rejected plans and resubmit until
approval is obtained. For initial submittal and re-submittals, the Contractor
shall work from one set of drawings (i.e., this one set of drawings must
incorporate all previous revisions/adjustments.)
F. Drawings not in compliance with all of these requirements shall be
rejected.
3. PATTERNS AND/OR PHOTO-READY ART
A. Prior to fabrication, Contractor shall submit full-size letter form and work
spacing patterns of all graphics for approval by the Owner, and include
installation/attachment methods as required.
B. Signage has been reviewed and received approval from all City
committees.
4. ENGINEERING CALCULATIONS AND DESIGN
Stamped engineering calculations may be provided in the drawings for some sign
types (if required). The Contractor shall be responsible for reviewing these and
determining if any additional engineering will be required for these sign types and
for resolving any discrepancies that may exist between the engineering and the
details of the Design Intent Drawings.
The Contractor shall be responsible for obtaining and paying for structural
engineering calculations for any sign types that have not been engineered
and fo� any additional structural engineering that may be required in
connection with the work (if required). If engineering affects the size and
shape of the intended forms as shown on the Drawings, the Contractor
must notify the General Contractor prior to submittal of Shop Drawings.
Engineering is to be submitted to the Owner for approval in conjunction
with shop drawing submittal.
Note: All rejected samples, shop drawings, patterns, artwork, engineering,
etc. must be revised and re-submitted to the Owner until approval is
obtained. A ful{ set of final plans must be approved and stamped by the
Owner prior to permit application or sign fabrication.
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SECTION 3 PRODUCTS
(IF REQUIRED BY DESIGN)
1. MATERIALS: BASIC
A. Aluminum
1. Extrusions and rolled material shall have a strength and durability no
less than that which is specified in ASTM B 209 for 5005-H15. Sheets
shall have a strength and durability no less than that which is specified
in ASTM B 221 for 6063-T4. All exposed aluminum shall have a
quality finish suitable for painting and/or an applicable finish.
2. Material shall be of highest visual grade, free of mill marks, nicks, pits,
gouges and other imperfections.
3. All welds shall be continuous. Where appropriate, exceptions may be
granted as part of the shop drawing review. Welding shall be of the
correct type to minimize permanent distortion of flat surfaces. Visible
welds are to be filled and ground smooth. Welds shall comply with
standards established by the American Welding Society, and the
Aluminum Association.
4. All visible parts shall be ground smooth and filled before painting so
that no grinding abrasions are apparent and there is no distortion of the
intended form.
5. All aluminum shall be of sufficient gauge to prevent warping and
canning. Warped or canned sign faces or backs shall be
unacceptable.
6. Aluminum cabinets shall be welded and finished so as to appear
seamless.
7. Where cast aluminum forms meet, seams are to be ground smooth.
Cast aluminum surfaces are to be bead blasted prior to coating.
8. Where aluminum is in contact with concrete, the aluminum material
shall be coated with coal tar epoxy.
9. All seams shall be water-tight.
10. Unless indicated otherwise, brushed aluminum shall be brush #4,
horizontal.
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11. Unless indicated otherwise, all exposed, unpainted aluminum shall be
clear-coated (gloss).
B. Steel
1. All steel material shall adhere to specifications A.1 through A.5 above.
2. All exposed steel shall be urethane coated. Use a high solids, low
VOC, two-component aliphatic urethane semi-gloss enamel formulated
for use in commercial and industrial applications were color retention
and a durable long-lasting coating is required. Dry film thickness
should equal 4 mils.
3. Unless otherwise indicated on the Design Intent Drawings, sheet metal
shall be 18 gauge white galvanized for letter faces and 24 gauge white
galvanized for letter returns for reverse channel letterforms. All other
sheet metal shall be 18 gauge unless otherwise specified.
4. Tube Steel shall conform to ASTM A501 Grade B; Steel pipe shall
conform to ASTM A53 Grade B; Steel rolled shapes shall conform to
ASTM A36.
5. Unless indicated otherwise, brushed steel shall be brush #4,
horizontal.
C. Miscellaneous Metal
1. All metal materials shall be new stock, free from defects impairing
strength, durability or appearance, and of such gauge to prevent
warping or canning.
2. Surface finish shall be smooth, free of extrusion marks or
imperfections. Alloy selected must meet structural requirements of the
specific application.
3. Metal materials shall be painted as follows:
i. Shop prime coat: zinc chromate primer for steel; acid wash
primer for aluminum.
ii. Acrylic urethane with semi-gloss finish, minimum 2 mils. Thick.
iii. Follow manufacturer specifications for metal coating finishes.
D. Adhesive
1. Type and usage shall be as recommended by the manufacturer for the
particular conditions and project requirements.
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i. Identify each type and usage on Shop Drawings.
ii. Include data describing method of application.
2. Do not use adhesives that will fade, discolor, or delaminate as a result
of exposure to ultraviolet light or heat, or that change the color of or
deteriorate the condition of the materials to which they are applied.
Adhesives must not be seen from public view.
3. All "2-stick" tape shall be VHB by 3M (or equivatent) and used in
conjunction with silicone adhesive.
E. Inks, Paints and Lacquers
1. Inks, paints and lacquers required for silk-screened, engraved, painted,
imprinted or other surfaces shall be of the type made for the surFace
material on which applied and recommended by the manufacturer.
i. Identify each type and usage on Shop Drawings.
ii. Include data describing method of application.
2. Do not use products that will fade, discolor or delaminate as a result of
exposure to ultraviolet light source or heat therefrom.
3. Prepare surfaces per manufacturer's specifications prior to painting.
Include, as a part of this work, prime coats (such as Matthews One-
Coat 74-734 and Matthews Metal Pre-Treatment 75-735) and other
surface pre-treatments (such as zinc chromate or acid wash), where
recommended by the manufacturer for inks, paints and lacquers.
Porous material should be filled, sanded smooth, and primed prior to
painting unless indicated otherwise.
4. All paint shall be spray applied. Pretreatment of surfaces and spray
application of paint shall be performed in accordance with
manufacturer's specifications.
5. Evenly apply inks, paints and lacquers without pinholes, scratches,
peeling, application marks, etc.
i. Rear illuminated panels containing the above or other defects
that cause light leaks in surface areas to be covered will not be
accepted.
6. All paint, unless otherwise specified, shall be acrylic aliphatic
isocyanate/acrylic polyurethane with ultraviolet (UV) inhibitors and
formulated for exterior use in colors specified on the Design Intent
Drawings or as otherwise specified by the Graphic Designer. Paint is
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to be the highest quality recommended by the manufacturer for specific
surfaces. For steel surfaces, see Section 4.1.6.
7. Paint is to be applied to all interior and exterior surfaces and edges of
metal parts and components unless otherwise noted and approved.
8. All finish coats should be semi-gloss unless otherwise specified or
approved as part of the Shop Drawings.
F. Letterforms and Spacing
1. Corners of fabricated letterForms must be as sharp as intended in the
type font.
G. Graphics
1. All graphic images shall be accurately reproduced. Lettering that
approximates typestyles shall not be acceptable. Camera-ready or
computer-generated layouts and patterns are to be approved for all
signs by the Owner prior to production.
2. All graphic images shall be accurately reproduced. Lettering that
approximates typestyles shall not be acceptable. Camera-ready or
computer-generated layouts and patterns are to be approved for all
signs by the Owner prior to production.
H. Hardware, Fasteners and Gaskets
1. All exposed hardware shall match adjacent surfaces as close as
possible unless specifically noted otherwise.
2. All dissimilar metals shall be separated with 3M ScotchrapT"" All
Weather Corrosion Protection Tape to prevent electrolysis. Surface to
be prepared with ScotchrapT"' Pipe Primer before applying tape.
3. In addition to the tape in (2) above, stainless steel screws or fasteners
shall be used to secure ferrous to non-ferrous metals.
4. Unless otherwise specified in the Design Intent Drawings, screws shall
be flathead metal. Exposed screws shall be countersunk, and screw
heads shall be finished to match the surrounding sign finish and color.
Exact locations, sizes, and centers of screws shall be noted on the
Shop Drawings.
5. All exposed bolt and screw heads accessible to the public shall be
tamper-resistant and shall be specified in shop drawing submittal.
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I. Sto O Textured Silicone-enhanced Coating
1. Prime surface with StoSilco Prime.
2. Use Sto elastomeric product StoSilco Flex 1.0 granule size.
3. Integral color to match color specs indicated I Design Intent Drawings.
4. Finish surface with anti-graffiti coating. Specify product in Shop
Drawings.
5. Follow manufacturer's recommended procedures for preparation and
application of each product. Inconsistencies in surface appearance will
be unacceptable.
J. Concrete
1. Concrete footings for freestanding signs shall be approved structurat
footing mix (1" rock) and prepared per manufacturer's specifications,
with a 28-day compressive strength of not less than 2,500 pounds per
square inch. Unless indicated otherwise, footings shall be reinforced
with #4 steel re-bar at 12" on center. Provide details in Shop
Drawings. Finish of exposed concrete sign base shall be as indicated
on Design Intent Drawings and shall be free of any form impressions.
2. Concrete Specifications
i. Codes and Standards: ACI 301 "Specifications for Structural
Concrete for Buildings"; ACI 311 "Recommended Practice for
Concrete Inspection"; ACI 318 "Building Code Requirements for
Reinforced Concrete"; ACR 347 "Recommended Practice for
Concrete Formwork"; ACI 304 "Recommended Practice for
Measuring, Mixing, Transporting and Placing Concrete";
Concrete Reinforcing Steel Institute "Manual of Standard
Practice"; comply with applicable provisions except as otherwise
indicated. Comply with Building Code requirements which are
more stringent than the above. Perform testing as specified in
Division 1.
ii. Portland Cement: ASTM C 150. Type as specified on the
Drawings unless otherwise approved by the Structural Engineer.
iii. Aggregates:
1. Footings: STM C 33, regular concrete.
2. Flat sheets or Pre-Cast Panels: Use 3/8" pea gravel.
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iv. Water: Clean, drinkable.
v. Air-Entraining Admixture: ASTM C 260 per approved mix
design.
vi. Water-Reducing Admixture: ASTM 494. Type A per
approved mix design.
vii. Reinforcing Bars: ASTM A 615. Grade 60.
viii. Welded Wire Fabric: ASTM A 185: flat sheets only.
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SECTION 4 EXECUTION
1. CONSTRUCTION
A. Signs must be of durable rust-inhibited materials that are appropriate and
complimentary to the building.
B. All formed metal, such as letterforms, shall be fabricated using full-weld
construction unless otherwise noted and approved.
C. Color coatings shall match the colors as close as possible to specified
approved submittals.
D. Surfaces with color mixes and hues prone to fading (e.g., pastels,
fluorescent, complex mixtures, and intense reds, yellows and purples)
shall be coated with ultraviolet-inhibiting clearcoat in a matte or semi-gloss
finish unless otherwise noted and approved.
E. Joining of materials (e.g., seams) shall be finished in such a way as to be
tight, secure and unnoticeable (i.e., butted seams). Overlapped seams
shall be considered unacceptable. Visible welds shall be continuous and
ground smooth. Rivets, screws, and other fasteners that extend to visible
surfaces shall be flush, filled, and finished so as to be unnoticeable.
F. Finished surfaces of inetal shall be free from canning and warping. All
sign finishes shall be free of dust, orange peel, drips, and runs, and shall
have a uniform surface conforming to the highest standards of the
industry.
G. All bolts, fastenings, and clips shall consist of enameling iron with
porcelain enamel finish; stainless steel, anodized aluminum, brass or
bronze; or carbon-bearing steel with painted finish. No black iron
materials will be allowed.
H. In no case shall any manufacturer's label be visible from normal viewing
angles.
I. Sign permit stickers should be affixed so as not to be visible from the
street.
J. Metal below grade or in contact with grade-level concrete shall be coated
with coal tar epoxy.
K. Where design of channel letters is such that the front edge of the letter
return or retainer is visible on the face of the letter, the front edge of the
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return or retainer shall be painted to match the color of the letter face. The
letter return and return edge of retainer shall be the same color.
L. Where trim cap is used, paint trim cap to match color of letter return.
M. Signs with dimensions greater than 16' shall have a face retainer width of
no more than 1" unless otherwise approved on the shop drawings.
2. INSTALLATION
A. Schedule
All dates for sign installation must be approved in advance and
coordinated with the Owner.
B. Location and Placement
1. Letters shall be carefully spaced and accurately set in place, both
vertically and horizontally, with overall inscription to conform with
the Design Intent Drawings and approved templates and patterns.
2. Locations for each ground sign shall be staked by the Contractor.
Staked locations must be approved by the Owner or the Owner's
Representative prior to installation.
3. Sign installation shall be coordinated with other work on the site as
outlined in Section 2, Paragraph 2.9 herein.
4. Unless other arrangements are agreed upon by the Owner or his
representative, all sign locations must be marked and labeled on
site with sign identification number for approval prior to installation.
5. All signs must be installed level, plumb and true in relationship to
architecture, adjacent installations, and/or established reference
points.
C. Installation Conditions
1. Working areas are to be left clean and orderly every day during the
period of installation. All work is to be coordinated with the General
Contractor and other trades working on the site.
2. In case of damage to landscaping material, irrigation lines, or other
underground or aboveground equipment, the Owner and/or
General Contractor shall be notified and the repairs shall be made
to his satisfaction. All damaged material shall be repaired and left
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in the same condition as it was found. All grades are to be restored
to the original condition.
3. ADJUSTMENTS AND REPAIRS
The Contractor shall repair, or remove and replace with new materials, all
damaged units and units not complying with Contract Documents as approved by
the Owner's Representative, at no additional cost to the Owner.
4. CLEANING
Prior to final inspection and acceptance by the Owner, Contractor shall remove
all protective coatings and stickers, clean metal and painted surfaces in
accordance with manufacturer's recommendations, and remove debris from the
worksite.
END OF DOCUMENT
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