8140See below for Finance Revenue Codes
YJ
4
'CIS
--_�
�-
''Y. ENCROACHMENT PERMIT
�F PUBLIC WORKS CONSTRUCTION
For the construction of public or private curbs, driveways, pavements, sidewalks, parking lots, sewers, water mains and other like public
works improvements in connection with MINOR IMPROVEMENTS and APPROVED SUBDIVISIONS.
90 LM COPY
Subdivision Improvement Permit - Class III
Minor Improvement Permit - Class IV
DATE: 12/23/2008
LOCATION OF CONSTRUCTION: Sand Volleyball Court at Adams Park; City Proj. No. 2008-08; Adams Street and La Palma
PURPOSE OF CONSTRUCTION: Lane Closure for Court Excavation and Sand Import
DESCRIPTION OF CONSTRUCTION: Sand Vollevball Court
DIMENSION OF INSTALLATION OR REMOVAL: N/A
:i
APPROXIMATE TIME WHEN WORK WILL BEGIN: 1/5/2008
TIME OF COMPLETION: 2/5/2008
ESTIMATED CONSTRUCTION COST: $54,060 (Including removal of all obstruction, materials, and debris, backfilling, compaction and placing
permanent resurfacing and/or replacing improvements)
COMMENTS
In consideration of the granting of this permit, the applicant hereby agrees to:
Indemnify, defend and save the City, its authorized agents, officers, representatives and employees, harmless from and against any
and all penalties, liabilities or loss resulting from claims or court action and arising out of any accident, loss or damage to persons or
property happening or occuring as a proximate result of any work undertaken under the permit granted pursuant to this application.
Notify the Administrative Authority at least twenty-four (24) hours in advance of the time when work will be started at (760) 777-
7097. To submit an inspection request, leave a message on the Inspection Request Hotline at (760) 777-7097 prior to 1:30 P.M. at
least twenty-four (24) hours prior to the anticipated inspection.
Comply with all applicable City Ordinances, the terms and conditions of the permit and all appli rules and regulations of the Ci
of La Quinta and to pay for any additional replacement necessary as the result of this work.
ignatu of Applicant or Agent
Roger Wallentine - Simon Contracting P.O. Box 10990, Indio, CA 92202 (760)347-5399/cell(760)275-3592
Name of Applicant Business Address Telephone No
Same As Above
Name of Contractor and Job Foreman Business Address Telephone No.
892995 103141
Contractor's License Number City Business License No
Tokio Marine & Nichido Fire ins Co CLL4166539
Applicant's Insurance Company Policy Number
FEES Subdivision Improvement Permit - Class I Public Improvements: 3% of estimated construction costs
Minor Improvement Permit - Class I Private Improvements: 3% of estimated construction costs
T— Finance Revenue Code
Inspection Fee E_1
$0.00 .
Permit Fee E_1
$0.00
As -Built Deposit E-A
$0.00
Cash Deposit -Surety Bond, E_13
$0.00
if required
TOTAL
$0.00
' PERMIT NUMBER: 8140
DATE ISSUED: Dec, '304 2�00Q
EXPIRATION DATE: Dec • '301, 20oFL
BY:
WORK INSPECTED BY*:
PERMIT COMPLETION DATE*:
* If the work is covered by a Subdivision Improvement Agreement, Subdivider
Lshall request final acceptance of improvements from the City Council.
PERMIT NO. 8140.
Sand Volleyball Court at Adams Park; 2008-08 / Court Excavation & Import
Sand/ Lane Closure on Adams St and La Palma
In addition to the standard permit conditions, the following shall apply:
Pursuant to Section 14.16.320 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982), all
work shall be performed in accordance with the latest edition of the Standard Specifications for Public
Works Construction (SSPWC) and as directed by and to the satisfaction of the City Engineer.
2. This permit or copy of it shall be on the work site (usually the job trailer) for inspection during the
,actual work performed.
3. Simon Contracting — Roger Wallentine, hereinafter referred to as "Permittee", shall be responsible
for providing continuous dust and erosion control.
4. Streets shall be kept clean. They shall be completely cleaned at the end of each working day and more
frequently, if required.
5. The permittee shall place temporary no parking signs along the parking area affected by the
construction. The signs shall be placed along the area 48hrs prior to the start of closing the area, and
removed immediately after the construction completion date. All residents and/or businesses affected
by'this project shall be notified prior to construction.
6. Pursuant to Section 6.08.050 of the La Quinta Municipal Code (Ordinance 18 § 1, 1982), throughout the
work site, the Permittee shall comply with City regulated work hours. Operation and maintenance of
equipment within one-half mile of human occupancy shall be performed only during the following time
periods:
October 1st to April 30: Monday -Friday 7:00 a.m. to 5:30 p.m.
Saturday 8:00 a.m. to 5:00 p.m.
May 1 st to September 30: Monday -Friday 6:00 a.m. to 7:00 p.m.
Saturday 8:00 a.m. to 5:00 p.m.
Work shall be prohibited on legal holidays and Sundays.
Note: Construction work (including setting up traffic control devices) is not permitted on any Arterial
street (i.e. any 4 lane street) before 8:00 a.m.
7. Work within 500 feet of a signalized intersection shall be performed between the hours of 9 a.m. - 3
p.m. Traffic control shall be set up after 9 a.m. and removed before 3 p.m. The Permittee shall contact
the City Traffic Signal Maintenance Division at (760) 250-0571 if signal operation at the intersection is
to be altered in any way.
Special Conditions Page I of 6
PERMIT NO. 8140
Sand Volleyball Court at Adams Park; 2008-08 / Court Excavation & Import
Sand/ Lane Closure on Adams St and La Palma
8. The permittee and/or contractor placing engineered fill must provide adequate time and safety for the
Geotechnical Engineer of Record to perform soils testing during engineered fill placement. The testing
frequency shall be . determined by the Geotechnical Engineer of Record such that the fill can be
determined to be placed according to the city approved plans.
9. The permittee and/or contractor shall provide surveyor staking information adequate for the City
Inspector to determine horizontal and vertical locations relative to the approved city plans. The
minimum required wood lath type stakes shall be placed at all proposed building corners, and they shall
state the horizontal location relative to building corner and the elevation of the top of hub next to the
lath.
10. Pursuant to Section 14.16.110 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982),
Permittee shall assume responsibility for repair of any pavement damage to any public or private street
and for any damage to other City streets or facilities as a result of work performed under this permit.
11. This permit is not valid until the permittee submits, to the Public Works Department 2 weeks prior to
start of construction, a letter from any owners of the driveways/access ways that will be closed down
due to the construction. The letter must be approved by the city and at minimum state from the owner
the following:
A. Approval of the construction
B. Plan identification
C. Time Frame of Closure
D. Alternative Routes
12. Any land on which Williamson Act contracts apply shall remain undisturbed.
13. A traffic control plan shall be prepared in accordance with the MUTCD and submitted to the
City for review and approval prior to starting any construction.. It shall be the Permittee's
responsibility to appropriately detour and barricade all construction sites. On Collector to Major Arterial
Streets, the permittee must submit a traffic control plan which shall be prepared under the guidance of
the Manual of Uniform Traffic Control Devices (MUTCD) 2003 Edition with Revision No. 1
Incorporated, dated November 2004 (HTML) and the California Supplement. As of October of 2006,
these documents can be observed at http://mutcd.fhwa.dot.gov/HTM/2003rl/part6/part6-toc.htm and
http://www.dot.ca. ov/hq/traffops/signtech/mutcdsupp/pdf/CA-ChU6A-Chap6F.pdf, respectively. It
shall be the Permittee's responsibility to appropriately detour and barricade all construction sites.
Apply the following when applicable: A minimum of two (2) travel lanes of paved surface
shall be maintained at all times.
14. Prior to excavating, if required, the Permittee shall contact Underground Service Alert at 1-800-422-
4133. It shall be the Permittee's responsibility to notify the Public Works Department of anticipated
excavation which impact City facilities, including but not limited to traffic signal conduits and loops,
irrigation lines, electrical conduits, and storm drain facilities.
Special Conditions Page 2 of 6
PERMIT NO. 8140
Sand Volleyball Court at Adams Park; 2008-08 / Court Excavation & Import Sand/
Lane Closure on Adams St and La Palma
15. Should additional work, materials, or modifications of the work be required in order to meet City
standards, safety requirements, signage requirements, or to fit actual field conditions, the work shall be
performed by the Permittee as directed by and to the satisfaction of the City Engineer at no cost to the
City of La Quinta.
16. The permittee shall be responsible for calling the city inspector to arrange the city inspector to observe
random trench compaction testing performed by a city approved material testing firm. If the inspector's
phone number is unknown, the permittee shall call the Public Works front counter phone at 777-7075 or
the Assistant Engineer II at 777-7047 to determine the city inspector'.s phone number. The inspector shall
determine the number and location of the test location/s. The above testing does not relieve the permittee's
responsibility for future repairs due to settlement at and near the locations of the work area. Materials
testing must be performed under direct supervision of a California Registered Civil Engineer.
17. This permit is not valid until the permittee submits, to the Public Works Department 2 weeks prior to start
of construction, the name of the City approved contractor, who shall submit to the City the following items:
a. General Liability Insurance Company and Policy Number
b. City Business License
c. Contractors State License Number
18. Prior to performing construction work and closing any lanes in the Public Right of Way, the permittee shall
call the City at (760) 777-7097 at least 48hrs prior to work and request an appointment for a
preconstruction meeting with the City Inspection staff.
19. The permittee shall haul all offsite debris to a certified landfill. Prior to hauling debris, the permittee shall
inform the City (Inspection staff or 777-7047) of the name and location of the certified dump site.
20. Prior to excavating in native soils, the owner of the project shall have employed by proposal contract an
archaeological observer for the site excavations within native undisturbed soils. A copy of the contract
must be submitted to the Public'Works Department and attention this to the Assistant Engineer II. If the
archaeologist determines the site note to be required to be observed, please submit a letter signed by the
archaeologist stating their determination.
21. If public traffic lanes are required to be closed, this permit is not valid until the permittee submits, to the
Public Works Department, a traffic control plan for review and approval prior to start of construction or
parking on the paved R/W.
22. If traffic lanes are closed on an any Arterial street (any street with more than 2 lanes) within the City of La
Quinta right of way, The permittee is required to provide an informative message board (approved by the
City Engineer). It shall inform the commuters using the affected roadways of possible traffic delays, time of
construction, and if possible alternate routes. The message board shall be provided for the commuters 48
hours prior to the start of traffic delays. The board does not have to be electrical or solar powered.
Special Conditions Page 3 of 6
PERMIT NO. 8140
Sand Volleyball Court at Adams Park; 2008-08 / Court Excavation & Import Sand/
Lane Closure on Adams St and La Palma
23. Pursuant to Section 14.16.370 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982),
backfill compaction within street rights-of-way shall conform to Section 306-1.3 of the latest edition of
the Standard Specifications for Public Works Construction (SSPWC), except as otherwise specified
herein.
Native material may be used as backfill material provided that minimum compaction, achieved in the
manner prescribed herein, is achieved. Backfill shall be performed by mechanical means; no water
densified compaction via jetting or flooding or other means shall be allowed. It shall be the Permittee's
responsibility to provide appropriate geotechnical supervision, testing, and inspection, onsite, at all
times during backfill operations.
Backfill compaction shall be achieved by the following conditions:
A. When a firm foundation is not encountered due to soft, spongy or other unsuitable material, such
material shall be removed to the limits directed by the Geotechnical Inspector and/or the City
Inspector and the resulting excavation backfilled with pipe be material.
B. Backfill materials shall be brought to or maintained at appropriate moisture content for
compaction. The appropriate moisture content range shall be established at the onset of the
project and ensured prior to use of the materials through progress testing on the stockpiles.
C. The first length of trench backfilled shall be backfilled in the presence of the City Inspector.
Compaction shall be tested at random depths at approximate three-foot vertical intervals as
backfill is placed to ensure the effectiveness of the compaction methods and to establish the depth
of lift that can be compacted.
D. If lifts greater than one foot are attempted in this trial length of trench, compaction tests shall be
taken within the lifts to ensure that the full depth of the lift is compacted. Upon satisfactory
completion of this portion of trench, the City Inspector shall establish the maximum lift thickness
to be compacted for the remainder of the project.
E. In subsequent lengths of trench, the frequency of compaction tests shall equal one per each lift of
backfill, per 300 linear feet of open trench, at randomly selected locations within the open length
of trench.
F. The depth of the randomly selected compaction tests shall also be randomly selected except that
where multiple tests are required in a given length of trench, the tests shall be no closer than three
feet (vertically). from each other.
G. If any compaction test fails, previously placed backfill (in the same length of open trench or
previous lengths of trench) which is represented by the failing test (as determined by the City
Inspector), shall be tested for compliance with compaction requirements.
Special Conditions Page 4 of 6
PERMIT NO. 8140
Sand Volleyball Court at Adams Park; 2008-08 / Court Excavation & Import
Sand/ Lane Closure on Adams St and La Palma
H. All costs incurred due to the conditions above shall be borne by the Permittee. Copies of all test
results shall be furnished to the City Inspector.
24. All excavations within City of La Quinta right-of-way shall be backfilled, and temporarily paved if
within the existing travel way, at the end of every workday as directed by and to the satisfaction of the
City Engineer for the protection of the public. Lengths of open trench shall not greatly exceed that
which can not be backfilled in the same day. Excavated trenches shall not be allowed open overnight;
however, Permittee may leave a length of excavated trench, not to exceed twenty (20) feet in length,
open overnight at a point where construction will begin the next day, provided that this length of trench
is completely covered by steel plating.
25. All landscaping, irrigation, decorative rock, decorative concrete, lighting, etc., shall be replaced to its
original condition.
26. Access and egress to all local properties shall be maintained at all times.
27. Pursuant to Section 14.16.375 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982),
permanent pavement replacement shall be completed no later than seven (7) days after the completion
of the work. Permanent pavement replacement shall conform to the following conditions:
A. Existing asphalt concrete pavement shall be sawcut one (1) foot beyond trench edges. Edges shall
be straight and clean.
B. Permanent pavement replacement structural section, within all trenches, shall be 1" thicker than
existing of asphalt concrete over the same existing thickness of crushed aggregate base or crushed
miscellaneous base, meeting the requirements of Sections 200-2.2 and 200-2.4 of the Standard
Specifications for Public Works Construction. The replaced pavement and base material shall be
compacted to 95% relative compaction and respectively tested, for each 300 linear feet of trench.
Verify exact structural replacement section thicknesses with the City prior to installation.
C. Permanent pavement replacement shall be installed using City approved'/" max medium asphalt
concrete as the base course lift and a City. approved ''Y2" max medium finish course lift for
capping. Asphalt concrete mix design shall be approved by the City prior to its placement.
D. Cold -Mill and Overlay - The existing pavement which was properly protected in place during the
trenching operation located adjacent to the trench saw cut shall be cold -milled to a depth of 0.10
feet with butt joint created next to the existing unmilled pavement surface. The cold -milled area
and base asphalt concrete in the trench area shall be overlaid with a City approved C2 -AR -4000
asphalt concrete mix. The width of the cold milling area shall be as follows:
For longitudinal trenches located .in a parking lane: three (3) feet outside the sawcut
removal lines.
Special Conditions Page 5 of 6
PERMIT NO. 8140
Sand Volleyball Court at Adams Park; 2008-08 / Court Excavation & Import
Sand/ Lane Closure on Adams St and La Palma
• For longitudinal trenches located in a traffic lane: three (3) feet outside the sawcut removal
lines, or to the lane line striping, whichever is greater.
• For transverse trenches across existing street: two (2) feet outside the sawcut removal lines.
E. If grinding and capping operations are not performed in the same day as base paving operations,
the base course lift of 3/" max medium asphalt concrete shall be installed from saw -cut edge to
saw -cut edge flush with the existing street surface. The base course lift of paving shall not be left
0.10' low in anticipation of grinding and capping.
F. Any existing lane striping or any existing detour lane striping affected by this resurfacing shall be
replaced in kind by the Permittee, as directed by and to the satisfaction of the City Engineer.
Affected traffic signal loops shall be removed and replaced in kind. The finished pavement
surface shall be smooth, consistent, and shall conform to the surrounding grades.
28. Permittee shall permanently stabilize any and all soil that was disturbed as a result of work performed
under this permit with an approved dust control treatment. Soil stabilization shall be done immediately
after completing the operation.
29. Pursuant to Chapter 12.56 of the La Quinta Municipal Code (Ordinance 10 § 1 (part), 1982) the City
has designated certain city streets as Truck Routes. The weight limit for restricted streets (i.e., streets
not part of the Truck Route network) is three (3) tons; trucks exceeding the weight limit may use a
restricted street if making a delivery or pickup on the subject street, or if this permit specifically grants
permission to use the street to deliver street construction materials and/or equipment.
30. The City of La Quinta reserves the right to revoke, suspend or void. this permit at any time.
31. The permittee shall indemnify, hold harmless and assume the defense of the City from all damages,
delay costs, costs or expenses in law or equity that may arise out of work under this permit.
32. If it is the intent of the permittee to cut the pavement and have it restored by a third party, the
permittee shall postpone cutting the pavement until the intended third party has acquired a permit from
the City to perform the required restoration work.
Special Conditions Page 6 of 6
City of La Quinta
the following General and Special Provisions are attached to and made a part of
Permit Number 8140
The following shall always apply:
ENCROACHMENT ON PRIVATE PROPERTY: This permit authorizes work to be accomplished within the City of La Quinta's right of way
ONLY. Whenever construction extends within private property, it is the responsibility of the permittee for his contractors to secure permission
from abutting property owners. Such authorization must be secured by the permittee prior to starting work.
TRACK -LAYING CONSTRUCTION EQUIPMENT: Cleated track -laying construction equipment shall not be permitted to operate on any paved
surface unless fitted with smoother -faced street pads. All mechanical outriggers shall be fitted with rubber street shoes to protect the paving
during excavations. Rubber -tired equipment only shall be used in backfill operation in paved areas. If the existing pavement is scarred, spalled,
or broken during the term of this contract or if the pavement is marred, City of La Quinta shall request that these portions of road be resurfaced
over their entire width. Resurfacing shall consist of one coat of two inches, (2") of.A.C. surfacing plus appropriate seal coat as specified above.
PROTECTION OF TRAFFIC: All excavations and work areas shall be properly lighted and barricaded as deemed necessary by the City
Engineer or City of La Quinta Public Works Inspectors. Suitable detours and detour signs shall be placed and maintained for the duration of the
project. The City shall be notified twenty-four hours (24) in advance of any traffic detours or delineation.
CARE OF DRAINAGE STRUCTURES: Any drainage structure to include corrugated metal pipe, concrete pipe, steel culvert and concrete
structures encountered during excavation which necessitate removal shall be replaced in kind. In the event it becomes necessary to remove or
cut existing drainage structures, City of La Quinta shall be notified prior to commencement of this work. Drainage structures and open drains
shall be kept free of debris at all times for proper drainage.
RIGHT-OF-WAY CLEANUP: Any surplus material resulting from excavation and backfill operations shall be removed from the right of way. All
paved surfaces shall be broomed clean of earth and other objectionable materials immediately after backfill and compaction. Existing gutter line
and drainage ditches shall be replaced to their original standard or better. All excess material shall be removed prior to paving. Water tanker
shall be used, as required, to sprinkle the job site to keep down dust conditions and shall be used immediately after backfill.
DE -WATER OPERTATIONS: If de -watering operations are required and pumps are forcing water on City of La Quinta roads, it shall be the
responsibility of the permittee (contractor) to control this water and to provide off-street barricades when necessary.
CLOSING STREETS: No street shall be closed. A minimum of one lane of traffic shall be maintained at all times to provide limited access for
the adjoining property owners and emergency vehicles. In the event it is felt by the permittee that he must close a street for any length of time,
permittee shall contact this office to obtain the necessary permission.
SPECIAL PROVISIONS
The following shall apply when indicated:
® R1 NOTIFICATION: Permittee shall be notified the City at (760) 777 - 7097 at least forty-eight hours (48) in advance of starting
construction.
® R2 UTILITY CLEARANCE: (Substructures) Prior to making any excavations within the City of La Quinta right-of-way authorized
by permit, the permittee shall contact all concerned utility companies relative to the location of existing substructures.
Damage to existing substructures resulting from operations conducted under this permit shall be the sole responsibility of the
permittee.
® R3 UTILITY CLEARANCE (Surface Structures) No work shall be done under this permit until all utilities are clear of the
proposed work site. The permittee shall notify all concerned utility companies of the proposed work.
❑ R4 PAVEMENT WIDENING: Area between the proposed concrete gutter line and the existing road pavement shall be surfaced
with ( " N/A " ) inches of A.C. paving placed on ( " N/A " ) inches of ( "' N/A " ) aggregate sub -base course having an
"R" value of not less than ( "` N/A ") and in conformance with the City of La Quinta Road Improvement Standards and
Specifications, Ordinance #461.
® R5 PARKWAY GRADING: Area between the property line and top of the proposed concrete curb shall be graded to a slope of
one-fourth inch (%") to one foot (1').
❑ R6 GRADE CHECKING: City of La Quinta shall check grades upon receipt of plan and profile and/or grades as established by
a licensed engineer.
❑ R7 CURB REMOVAL FOR DRIVEWAYS: A portion of the existing concrete curb and/or curb and gutter (" N/A ") feet shall
be removed. Curb and/or curb and gutter shall be saw cut prior to removal. Depressed curb, matching concrete gutter and
concrete driveway approach shall be constructed in conformance with City of La Quinta Standard #207.
❑ R8 DRIVEWAYS: A.C. driveways shall be constructed as not to alter existing drainage pattern. Surfacing between the property
line and the existing road paving shall be two and a half inches (2 Y2") of A.C. paving on (" N/A ") of class ("" N/A "' )
aggregate base.
® R9 SIGHT CLEARANCE: Sight Clearance of six -hundred feet (600') in all directions shall be assured and maintained at all
times.
❑ R10 SOIL STERILIZER: The area to be surfaced shall be treated with soil strerilizer. Rate of application shall comply with the
manufacturer's specifications.
City of La Quinta
® R11 COORDINATE WORK: The proposed work shall be subordinated to any operation, which the State of California or City of
La Quinta may conduct in this area during the period of this permit. Work shall be coordinated with the State or City of La
Quinta forces to preclude delay or interference with State or City of La Quinta projects.
® R12 SURVEY MONUMENTS: Prior to excavation or beginning of construction, all survey monuments which exist on the
centerline of all streets or property lines when included shall be completely tied out so they may be readily and correctly,
replaced by a licensed civil engineer or surveyor at the expense of the permittee. A complete set of notes showing the ties
to these monuments shall be fumished to the City Engineer prior to the removal of any monuments. This office shall be
notified upon completion or replacement of all survey monuments for proper clearance.
❑ R13 PAVEMENT CUTTING: Pavement will be mechanically saw cut to a straight edge prior to excavation. Method of pavement
cutting shall be approved through the office of the City Engineer. (Under no circumstances shall excavating equipment be
used to excavate prior to cutting or pavement.) Excavation material shall be placed in such a position as to best facilitate the
general flow traffic. Prior to final paving operations, any damage to pavement straight edges shall be corrected.
❑ R14 LIMIT OF EXCAVATIONS: Excavations shall be limited to one -thousand feet (1000') of open trench before backfill
operations must begin. All excavations shall be properly barricaded with lights overnight, on weekends and holidays for the
protection of the traveling public. The Public Works Inspector shall determine the suitability of excavation barricading in
each case. No excavation shall remain open for a period exceeding five (5) days. No excavation shall be made unless the
construction material is actually on the work site.
® R15 BACKFILL MATERIAL: Backfill shall be free of brush, roots or other organic substance detrimental to its use for purposes
of producing and adequately consolidated backfill. Ant material which the City of La Quinta deems unsuitable (spongy or
saturated material) which is encountered during excavation shall not be used for backfill, but shall be supplemented or
replaced by an approved sand or gravel.
❑ R16 BACKFILL SAND: Backfill shall be approved transit -mix sand or equivalent and shall be placed on lifts not greater than
three feet (3') and vibrated using vibrostamper or equivalent equipment. Alternate methods may be substituted, but in any
case, a relative compaction of ninety-five percent (95%) shall be maintained with the structural section of the roadway.
❑ R17 BACKFILL PLACEMENT: Backfill shall be applied in layers of not more than fifty percent (50%) of the total depth of the
trench before flooding or a maximum of five feet (5') lifts where trenches are of excessive depths. Care is to be exercised
that the backfill material is not subjected to extreme swell by flooding operations. Backfill material shall be placed so that the
resulting compaction shall not be less than ninety percent (90%) or equivalent to the surrounding ground, whichever is the
greater compaction. Where ponding or flooding is used for a maximum settlement, adequate dikes will be constructed to
retain the water. Where jetting is used, the jets shall be of sufficient length to reach the bottom of each layer and the water
supply shall be continuos.
® R18 COMPACTION TESTS: If so required by the inspector, compaction test shall be made at intervals of not more than one -
thousand (1000') feet and a maximum of one (1) test,on each road. One (1) copy of each test shall be forwarded tot the City
Engineer for approval and filed prior to making permanent repairs. Compaction tests shall be made as outlined in Section
6.3.01 of the Standard Specifications, Division of Highways, State of California, dated January 1973.
® R19 COMPACTION TESTS: If so required by the Inspector, compaction tests shall be made for each crossing or service line.
One (1) copy of each test shall be forwarded to the City Engineer for approval and filed prior to making permanent repairs.
Compaction tests shall be made as outlined in Sections 6.3.001 of the Standard Specifications, Division of Highways, State
of California, dated January 1973.
❑ R20 TEMPORARY PAVEMENT REPAIRS: After completion of backfill and compaction operations, a temporary patch consisting .
of two inches (2") of SC -800 shall be placed on a prepared sub -grade. The SC -800 temporary paving shall be placed after
a maximum of three -thousand linear feet (3000') or trench has been excavated and backfill operations completed, but in no
case shall the placement of the temporary pavement exceed a five (5) day limit.
® R21 PERMANENT PAVEMENT REPAIR: After backfill and compaction have been completed, a temporary patch consisting of
two inches (2") of SC -800 shall be placed immediately. A permanent patch of ( 3 ) inches of A.0 surfacing placed on a ( 6 )
inch ( crushed ) aggregate base shall be placed no later than ( 5 ) days after completion of temporary road repair.
❑ R22 FOG SEAL: A fog seal coat consisting of an application of asphaltic emulsion shall be applied over all patch areas as
determined by the City Engineer.
® R23 STREET RESTRIPING: Where street striping is still visible on street to be excavated, such striping shall be replaced upon
completion of permanent repairs. .
❑ R24 TREE RELOCATION OR REMOVAL: Tree relocation within the City of La Quinta road right-of-way shall be accomplished
by a licensed, bonded and insured tree service, and handled safely without interference or hazard to the traveling public. It
shall be the responsibility of the permitte to maintain the tree in a vigorous growing condition at its new location.
Trees to be removed shall be in sections, which can be handled safely without interference or hazard to highway traffic. The
entire width of the tree stump, shall be removed and disposed of so that no debris remains in view of the highway. The
stump hole shall be backfilled and thoroughly compacted as specified in the following paragraph. Where it becomes
necessary to restrict traffic, the work shall be restricted to a maximum of five -hundred feet (500') at any one time. Adequate
signs, flagmen and or barricades shall be provided to protect the traveling public at all times.
Large holes resulting from tree removal shall be backfilled and compacted to not less than ninety percent (90%) or
equivalent tot the surrounding ground, whichever is the greater compaction as determined by the impact or field method.
Compaction tests shall comply with Section 6.3.01 of the Standard Specifications, Division of Highways, State of California,
dated January 1973.
,will
T4hf 4 4 Q�Aro
PUBLIC WORKS DEPARTMENT
APPLICATION FOR PERMIT
91 Uonstructlon (Ex:
Offsite Street etc..
D5qcriptionWf Construction (Ex: See Marr Set No. 01234)
A is i -
Dimension of.Installation or Removal:
Approximate Construction Start Date:
Approximate Construction Completion
Estimated Construction Cost: $
Estimated Construction Cost shall include the removal o all o
placing pettnanent. resurfacing and or replacing improvements
Contact Name:
Name of Applicant/
Applicant Address:
Applicant Telephone
materials, and debts, back -filling,
ber:
Name of Contractor:
Contractor Address: 2p Z
Contractor Telephone Number:
Contractor State License Number: Z,
Contractor City Business License Number: 0,P U 3 1
"e
cF�'Fp
2
3
�ejOp�»ej�r ?�08
► A COPY OF THE CURRENT INSURANCE CERTIFICATE MUST BE PROVIDED -4
Applicant or Contralc r General Liability Insurance Company
-raAo' Marine WCh iol irle ,TflS C u5g
Applicant or trta for General Liability Insurance Policy Number:
GLL¢/665319
Office Use Oniv.
Inspection Fee:
Permit Fee:
As -Built
Deposit:_
Dust Control]
Deposit: �V
Credit
TOTAL FEE DUE:
Office Use Only:
Assigned Permit Number:
Approval Date:
Expiration
Date:
Issue
Date:
STMON CONTRACTING
A DIVISION OF SUPERIOR READY MIX CONCRETE, L.P.'
CONTRACTORS
General Contractors • Lic. No. 892995
Site Paving • Underground Utilities
Roger Wallentine
Construction Manager
760-347-5399 Off.
P.O. BOX 10990
760-347-6572 Fax
INDIO, CALIFORNIA 92202 760-275-3592 Cell
z�y
3
NO SCALE
FRED WARING DR.
LA PALMA
R
DEC
.
NOTES: 1. ALLTRAFFIC CONTROL DEVICES FOR THIS PROJECT SHALL BE IN ACCORDANCE WITH 2006 CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (M.U.TC.D.) I
2. TRAFFIC CONTROL SHOWN HEREIN IS THE MINIMUM REQUIRED. ADDITIONAL TRAFFIC CONTROL MAY BE REQUIRED TO FACILITATE PUBLIC SAFETY AND TRAFFIC FLOW IF Rev BY °ato spewam""
DEEMED NECESSARY BY CITY OF LAQUINTA REPRESENTATIVE. ` , L ZK 0"qXX
3. THROUGHOUT EACH WORK PERIOD, CONTRACTOR SHALL INSPECT TRAFFIC CONTROL (SIGNS, BARRICADES AND DELINEATORS)AND MAINTAIN SAME IN ACCORDANCE WITH Tmft co
TRAFFIC CONTROL PLANS. Park Impr ' ements
4. CONTRACTOR SHALL MAINTAIN A MINIMUM 10'(12'TYP.) TRAFFIC LANE WIDTH AT ALL TIMES AND AM NIMUM 2'BETWEEN THE EDGE OF CUT AND THE NEAREST TRAFFIC LANE. SPfte monCont�acting emWa, NA
5. ACCESS TO PRIVATE PROPERTY SHALL BE MAINTAINED AT ALL TIMES.
6. THIS TRAFFIC CONTROL SHALL BE IN PLACE DURING WORK HOURS ONLY. AT END OF THE WORK HOURS, THE ROAD SHALL BE CLEAR OF DEBRIS AND RETURNED TO NORMAL. w cob Ph" PM�4
7. THIS ISA TYPICAL AS THE CLOSURE MAY NEED TO MOVE FURTHER ALONG THE ROAD OR TO THE OPPOSITE SIDE. Tops N Bamcades, Inc. (800)852 -TOPS Ron Fifield
8. THE CONTRACTOR MAY NEED TO CLOSE THE SIDEWALK TEMPORARILY BY USE OF FLAGGERS TO STOP ANY PEDESTRIANS FROM WALKING UNDERTHE LOAD ON THE CRANE OR stoat
COLLIDING WITH EQUIPMENT CROSSINGTHE SIDEWALK. 1 m .1 12/22/08 To Be Issued on Approval
1
TABLE OF CONTENTS
DIVISION 1- BIDDING AND CONTRACT REOUIREMENTS PAGE
1100
Invitation to Bid
1100-1
1110
Instructions to Bidders
1110-1
1200
Bid
1200-1
1210
Bid Schedule
1210-1
1220
Bid Guaranty Bond
1220-1
1230
Certification of Bidder's Experience
and Qualifications
1230-1
1240
Proposed Subcontractors
1240-1
1250
Non -Collusion Affidavit
1250-1
1300
Agreement
1300-1
1310
Performance Bond
1310-1
1320
Payment Bond
1320-1
1330
Workers' Compensation Insurance Certificate
1330-1
1340
Liability and Insurance Requirements
1340-1
1.0 Indemnification
1340-1
2.0 Insurance Requirements
1340-1
2.1 General
1340-1
2.2 Commercial General Liability Policy
1340-1
2.3 Commercial Business Auto Policy
1340-2
2.4 Worker's Compensation Insurance
1340-2
2.5 Endorsements
1340-2
2.6 Change in Terms
1340-3
1400.
General Conditions
1400-1
1.0 General
1400-1
1.1 Intent of Contract Document
1400-1
1.2 Discrepancies and Omissions
1400-1
1.3 Headings
1400-2
1.4 Penalty for Collusion
1400-2
1.5 Successors and Assigns
1400-2
i
1.6 Assignment to City 1400-2
1.7 Rights and Remedies 1400-2
1.8 Definitions 1400-2
2.0
Administration
1400-7
2.1
Administration of the Contract
1400-7
2.2
City Engineer
1400-8
2.3
Consultants
1400-8
3.0
City
1400-8
3.1
General
1400-8
3.2
Attention to Work
1400-9
3.3
Inspection
1400-9
3.4
City's Right to Carry Out the Work
1400-9
3.5
City's Right to Perform Work and to Award Separate Contracts
1400-9
4.0
Contractor
1400-10
4.1
Office
1400-10
4.2
Contractor's Representative
1400-10
4.3
Construction Procedures
1400-10
4.4
Contractor's Employees
1400-10
4.5
Subcontractors
1400-11
4.6
Contractor's Equipment and Facilities
1400-11
4.7
Public Safety and Convenience
1400-11
4.8
City -Contractor Coordination
1400-11
4.9
Permits
1400-12
4.10
Contractor's Responsibility for the Work and Material
1400-13
4.11
Laws to be Observed
1400-13
4.12
Safety
1400-14
5.0
Control of Work and Material
1400-15
5.1
Means and Methods
1400-15
5.2
City -Furnished Materials
1400-16
5.3
Defective and Unauthorized Work
1400-16
5.4
Unnoticed Defects
1400-17
5.5
Right to Retain Imperfect Work
1400-17
6.0
Progress of the Work
1400-17
6.1
Beginning of Work
1400-17
6.2
Time of Completion
1400-17
6.3
Delays
1400-18
6.4
Time Extensions
1400-19
6.5
Temporary Suspension of Work
1400-20
6.6
Termination of Contract
1400-21
7.0 Changes in Scope of Work 1400-21
7.1 Change Orders 1400-21
7.2 Differing Site Conditions 1400-23
7.3 Resolution of Disputes 1400-23
8.0 Project Modifications Procedures 1400-27
31
8.1 Changes in Contract Price 1400-27
8.2 Negotiated Change Orders 1400-28
8.3 Force Account Payment 1400-29
8.4 Time Extensions for Change Orders 1400-31
9.0
Payment
1400-31
9.1
Scope of Payment
1400-31
9.2
Partial Payments
1400-32
9.3
Partial Payments - Inclusion of Material on Hand
1400-33
9.4
Right to Withhold Amounts
1400-33
9.5
Substantial Completion
1400-35
9.6
Final Inspection and Payment
1400-35
9.7
Warranty of Title
1400-36
1500 Supplemental General Conditions
1500-1
1.0
City Engineer
1500-1
2.0
Consultants
1500-1
3.0
Liquidated Damages
1500-2
DIVISION 2 - GENERAL PROJECT REOUIREMENTS
5.7
2000 General
2000-1
1.0
Standard Specifications
2000-1
2.0
Standard Plans
2000-1
3.0 Preconstruction Conference 2000-1
3.1 Attendees 2000-1
3.2 Agenda 2000-2
4.0
Progress Schedules
2000-2
4.1
General
2000-2
4.2
Construction Schedule
2000-2
4.3
Time Impact Analysis
2000-3
4.4
Lump Sum Price Breakdown
2000-3
5.0
Special Controls
2000-3
5.1
Dust Control
2000-4
5.2
Noise Abatement
2000-4
5.3
Working Hours
2000-4
5.4
Drainage Control
2000-5
5.5
Construction Cleaning
2000-5
5.6
Disposal of Material
2000-5
5.7
Parking and Storage Areas
2000-5
6.0 Protection and Restoration of Existing Improvements 2000-5
ill
7.0
Existing Utilities
2000-6
7.1
General
2000-6
7.2
Notification and Location
2000-6
7.3
Damage and Protection
2000-7
7.4
Utility Relocation and Rearrangement
2000-7
7.5
Underground Facilities
2000-7
DIVISION 3 - SPECIAL PROVISIONS
SECTION 3000
1.0
General
3000-1
1.1
Scope of Services
3000-1
1.2
Project Description
3000-1
1.3
Project Details
3000-1
1.4
Time Allowed for Construction
3000-1
2.0
Bid Items
3000-1
2.1
General
3000-1
2.2
Bid Items Descriptions
3000-2
3.0
Materials
3000-3
3.1
General
3000-3
3.2
Substitutions
3000-3
3.3
Storage
3000-3
4.0
Work Details
30004
4.1
Permits, Licenses and Inspection Fees
3000-4
4.2
Air Contaminants
3000-4
4.3
Notification
3000-4
DIVISION 4 - TECHNICAL SPECIFICATIONS
SECTION 4000
4000-1
1.0
General Requirements
4000-1
1.1
Drawings and Specifications
4000-1
1.2
Accuracy of Plans
4000-1
1.3
Verifying Drawings and Job Conditions
4000-1
1.4
Drawings of Record
4000-1
1.5
Cooperation with Other Contractors
4000-1
2.0
Mobilization
4000-2
3.0
Dust Control
4000-2
4.0
Clearing and Grubbing
4000-3
5.0
Concrete and Masonry Construction
40004
IV
LI
SECTION 1100
INVITATION TO BID
Project No. 2008-08
Sand Volleyball Court at Adams Park
SEALED BIDS will be received by the City of La Quinta (City) at the Office of the City Clerk located at
78-495 Calle Tampico, P.O. Box 1504, La Quinta, California, 92253, until 10:00 A.M. on Friday,
December 5, 2008 at which time they will be publicly opened and read for performing work as follows:
The purpose of the project is to install a sand volleyball court at Adams Park. The project
will also include the equipment necessary for volleyball play as indicated in the
specifications. All project work and incidental items to complete the project shall be
performed in accordance with the project details (Appendix) and specifications contained
herein. All the above tasks are to be completed in a workmanlike manner, leaving the
project site in a safe, neat and presentable condition. Refer to Sections 3000 and 4000
for more information.
This project shall be completed within 30 working days from the date specified in the Notice to Proceed.
Time for the commencement and completion of the work is important, and is to be of the essence of the
Contract. The successful bidder should plan to order any long lead time equipment items immediately
following "Notice of Award".
Complete sets of the bidding documents may be purchased online from Plan Well Enterprise at the
following address: ww-,v.ocbinc.com and click on the Plan Well Enterprise hyperlink.
Bidding procedures are prescribed in the Project Specifications. Bids shall be executed upon the forms
bound and made a part of said Specifications. Bid security in an amount not less than ten percent (10%)
of the total bid dollar amount and conforming to the prescribed bidding procedures is required to be
submitted with each bid, as a guaranty to be forfeited should the bidder, if awarded the contract, fail to
enter into the same, or fails to furnish in a timely manner the bonds and/or proof of insurance. The City
reserves the right to reject any or all bids, and to waive any irregularities in the bids.
Pursuant to the provisions of California Labor Code Section 6707, each bid submitted in response to this
Invitation to Bid shall contain, as a bid item, adequate sheeting, shoring, and bracing, or equivalent
method, for the protection of life and limb in trenches and open excavation, which shall conform to
applicable safety orders. By listing this sum, the bidder warrants that its action does not convey tort
liability to the City, its consultants, and their employees, agents, and sub -consultants.
Pursuant to Public Contract Code Section 22300, for monies earned by the Contractor and withheld by the
City to ensure the performance of the Contract, the Contractor may, at its option, choose to substitute
securities meeting the requirements of said Public Contract Code Section 22300.
Invitation to Bid 1100-1
All bidders shall be licensed under the provisions of Chapter 9, Division 3 of the Business and
Professions Code of the State of California to do the type of work contemplated in the project. in
accordance with provisions of California Public Contract Code Section 3300, the City has determined that
the General Contractor shall possess a valid Class'A (General) or C27 Landscape Contractors License.
at the time that the bid is submitted. Failure to possess the specified license shall render the bid as non-
responsive. .
The successful bidder will be required to furnish a Labor and Materials bond in the amount equal to one
hundred percent (100%) of the Contract price, as well as a Faithful Performance Bond, in the amount
equal to one hundred percent (100%) of the Contract price.
Each bidder shall submit with its bid a statement setting forth its experience on the forms included in the
Bid Proposal.
Telephones will not be available to bidders. Bid forms received after the designated time will not be
accepted. Bidders and their authorized agents are invited to attend.
No bidder may withdraw its bid for a period of sixty (60) days after the date set for the opening of bids.
Approved BDate:
4_zn�� AioTithv R9104asson E.,
Published By:
Public Vy6rks'DirectWCity Engineer
Veronica Montecino, CMC
City Clerk
Date: G `��/�(1
Invitation to Birt 1100-2
t
SECTION 1110
INSTRUCTIONS TO BIDDERS
1.0 WORK TO BE DONE
It is the intention of the City to construct improvements as shown and set forth on the plans and
detailed drawings, and in the particular locations shown on the drawings. All of the work is
#` particularly set forth in the plans and specifications, and all of said work, together with all other
work incidental thereto, is included.
The work includes the furnishing of all labor, materials, incidentals and equipment necessary for
Project No. 2008-08, Sand Volleyball Court at Adams Park and all appurtenant incidental
items. The Contractor shall be required to provide, at its own cost and expense, all necessary
insurance, as required by law or these specifications, and shall pay the cost and expense of any
and all incidental matters herein required.
2.0 EXANUNATION OF CONTRACT DOCUMENTS
Each bidder shall thoroughly examine and be familiar with those Contract documents contained
in the Project Manual, drawings and addenda, if any. The submission of a bid shall constitute an
acknowledgment upon which the City may rely that the bidder has thoroughly examined and is
familiar with the Contract documents. The failure or neglect of a bidder to receive or examine
any of the Contract documents shall in no way relieve him from any obligation with respect to its
proposal or to the Contract. No claim for additional compensation will be allowed which is based
upon a lack of knowledge of any Contract documents.
3.0 INSPECTION OF SITE
Bidders are required to inspect the site of the work to satisfy themselves by personal examination
or by such other means as they may prefer, of the location of the proposed work, and of the actual
conditions of and at the site of work. If, during the course of its examination, a bidder finds facts
or conditions which appear to be in conflict with the letter or spirit of the bidding documents, the
Bidder may apply to the City, in writing, for additional information and explanation before
submitting its bid.
Submission of a bid by the bidder shall constitute acknowledgment that, if awarded the Contract,
it has relied and is relying on its own examination of (1) the site of the work, (2) access to the
site, and (3) all other data and matters requisite to the fulfillment of the work and on its own
knowledge of existing facilities on and in the vicinity of the site of the work to be constructed
under the Contract.
The information provided by the City is not intended to be a substitute for, or a supplement to the
independent verification by the bidder to the extent such independent investigation of site
conditions is deemed necessary or desirable by the bidder.
Instructions to Bidders 1110-1
4.0 INTERPRETATION OF CONTRACT DOCUMENTS
No oral representations or interpretations will be made to any bidder as to the meaning of the
Contract documents. Requests for an interpretation shall be made in writing and delivered at least
five (5) days before the time announced for opening the bids to:
Steve Howlett, Golf & Park Manager
City of La Quinta
P.O. Box 1504
La Quinta, CA 92247-1504
(760) 777-7026 Fax: (760) 777-7155
Requests to clarify the source of materials, equipment, suppliers or any other such matter which
does not modify, change, increase, or decrease the scope of work requires no action by the City
other than a response to the bidder requesting the clarification. Requests to clarify possible
ambiguous or incomplete statements or designs, or any other such clarification which modifies,
changes, increases or decreases the scope of work, requires issuance of an addendum by the City
for the interpretation to become effective.
5.0 POSTPONEMENT OF OPENING
The City reserves the right to postpone the date and time for receiving and/or opening of bids at
any time prior to the date and time established in the Invitation to Bid. Postponement notices shall
be mailed to plan holders of record in the form of addenda.
6.0 OPENING OF BIDS
All bids, irrespective of any irregularities or informalities, if received on time, will be opened and
publicly read aloud at the time and place set forth in the Invitation to Bid. Bidders, their
representatives and other interested persons may be present at the opening and reading of bids.
Any bids received after the time for receiving and opening bids as set forth in the Invitation to
Bid or as postponed by addenda will be considered nonresponsive and will not be opened. Any
such bids will be returned unopened to the Bidder.
The public reading of each bid will include at least the following:
A. Name and address of bidder.
B. The total amount of bid.
C. The nature and amount of the security furnished with the bid.
7.0 PREPARATION OF BID FORMS
Bids shall be made on the blank forms in this manual and must be submitted at the time and place
stated in the Invitation to Bid. All blanks in the bid forms must be appropriatelyfilled in and all
prices must be stated in figures. Unit prices in each and every case shall represent a true unit price
used in preparing the bid schedule totals (Bid Form). Unit prices listed herein shall include
material, installation and appurtenant work as is necessary to have the item complete and in place
meeting the full intent of the plans and specifications. Unbalanced unit prices shall be sufficient
Instructions to Bidders 1110-2
t
cause for rejection of the bid. The purpose of the unit pricing is for bid evaluation and changes in
the work during construction. The basis for award shall be the lowest combined price of the
Base Bid Area, plus any Additive Alternates. All bids must be submitted in a sealed envelope,
addressed to the City Clerk, with the following annotation:
BIDDER
ADDRESS
This envelope contains a SEALED BID for:
Project No. 2008-08
SAND VOLLEYBALL COURT AT ADAMS PARK
CITY OF LA QUINTA, CALIFORNIA
Envelope to be opened on:
December 5, 2008
Unless revised by Addendum.
It is the sole responsibility of the bidder to see that its bid is received in proper time. Any bid
received after the scheduled closing time for receipt of bids will be returned to the bidder
unopened. City shall not be responsible for errors or omissions in the bid. Bidders shall write
their names on each bid form at the space provided.
8.0 BIDDER'S SIGNATURE AND AUTHORITY
If the bid is made by an individual, his/her name, signature, and post office address must be
shown; if made by a firm or partnership, the name and post office address of the firm or
partnership, a list of the partners, and the signature of at least one of the general partners must be
shown; if made by a corporation, the bid shall show the name of the state under the laws of which
the corporation is chartered, the name and post office address of the corporation, and the title of
' the person who signs on behalf of the corporation. If the bid is made by the corporation, a
certified copy of the bylaws or resolution of the Board of Directors of the corporation shall be
furnished showing the authority of the officer signing the bid to execute Contracts on behalf of
the corporation. If the bid is made by a joint venture, the bid shall be signed by a representative of
one of the joint venture firms. Additionally, the bid shall include a copy of the resolution or
agreement empowering the representative to execute the bid and bind the joint venture.
i
9.0 ERASURES
The bid submitted must not contain any erasure, interlineations, or other corrections unless each
such correction is suitably authenticated by affixing in the margin immediately opposite the
correction the signature or signatures of the person or persons submitting the bid.
10.0 BID IRREGULARITIES
Changes in or additions to the bid form, recapitulations of the work bid upon, alternative bids, or
any other modifications of the bid form which are not specifically called for in the Contract
Documents may result in rejection of the bid by the City, as not being responsive to the Invitation
to Bid. No oral or telephonic modification of any bid submitted will be considered.
Instructions to Bidders 1110-3
11.0 MODIFICATION OF BID
Modification of a bid already received will be considered only if the modification is received
prior to the time established for receiving bids. Modifications shall be made in writing, executed,
and submitted in the same form and manner as the original bid.
12.0 WITHDRAWAL OF BIDS
In accordance with Public Contract Code 5103, within five days after the opening of bids, a
bidder may withdraw its bid providing the bidder can establish to the City's satisfaction that a
mistake was made in preparing the bid. A bidder desiring to withdraw shall give written notice to
the City, specifying, in detail, how the mistake occurred and how the mistake made the bid
materially different than it was intended to be. Withdrawal will not be permitted for mistakes
resulting from errors in judgment or carelessness in inspecting the site of the work or in reading
the Project Documents.
13.0 ADDENDA
Addenda issued during the time of bidding shall become a part of the documents furnished
bidders for the preparation of bids, shall be covered in the bids, and shall be made a part of the
Contract. Each bid shall include specific acknowledgment in the space provided of receipt of all
Addenda issued during the bidding period. Failure to so acknowledge may result in the bid being
rejected as not responsive. Failure of any bidder to receive such Addenda shall not be grounds
for non-compliance with the terms of the instructions.
14.0 BID PRICES
Bid prices shall include everything necessary for the completion of the work including but not
limited to providing the materials, equipment, tools, plant and other facilities, and the
management, superintendence, labor and services. Bid prices shall include allowance for all
federal, state and local taxes.
In the event of a difference between a price quoted in words and a price quoted in figures for the
same quotation, the words shall be the bid amount. In the event that the product of a unit price
and an estimated quantity does not equal the extended amount quoted, the unit price shall govern,
and the correct product of the unit price and the estimated quantity shall be deemed to be the bid
amount. If the sum of two or more items in a bidding schedule does not equal the total amount
quoted, the individual item amounts shall govern and the correct total shall be deemed to be the
amount bid.
a
Instructions to Bidders 1110-4
15.0 BID GUARANTY
The bid form shall be accompanied by a bid guaranty bond provided by a guaranty company
authorized to carry on business in the State of California for payment to the City in the sum of at
least ten (10) percent of the total amount of the bid price, or, alternatively, by a certified or
cashier's check, payable to the City in the sum of at least ten (10) percent of the total amount of
the bid price. The bid guarantee bond shall be provided on the form included in Section 1220,
BID GUARANTY BOND of this Project Document. The amount payable to the City under the
bid guaranty bond, or the certified or cashier's check and the amount thereof, as the case may be,
shall be forfeited to the City as liquidated damages in case of a failure or neglect of the bidder to
furnish, execute, and deliver to the City the required performance and payment bonds evidences
of insurance; and to enter into, execute, and deliver to the City the Agreement on the form
provided herewith, within ten (10) calendar days after receiving written notice from the City that
the award has been made and the Agreement is ready for execution.
The bid securities of the three lowest bidders will be retained until the Agreement is signed,
evidence of insurance provided, and satisfactory bonds furnished or other disposition made
thereof. The bid securities of all bidders except the three lowest, responsive bids will be returned
within 15 calendar days after the bids are opened.
16.0 QUALIFICATION OF BIDDER
Each bidder shall complete and submit with their bid Section 1230, CERTIFICATION OF
BIDDER'S EXPERIENCE AND QUALIFICATIONS.
Upon the request of City, any bidder whose bid is under consideration for the award of the
Contract shall promptly submit satisfactory evidence showing the bidder's financial resources, its
construction experience, and its organization's availability for the performance of the Contract.
' The bidder may be required to establish to the satisfaction of the City the reliability and
responsibility of the persons or entities proposed to furnish and perform the work described in the
Documents.
17.0 SUBCONTRACTORS
In accordance with California Public Contracting Code Section 4100, et. seq., each bid shall have
listed in Section 1240, PROPOSED SUBCONTRACTORS, the name, portion of work to be
performed, and location of the place of business of each subcontractor who will perform work or
labor or render service to the bidder in or about the construction of the work or improvement, or
' of any subcontractor licensed by the State of California who, under subcontract to the bidder, will
specially fabricate and install a portion of the work or improvement according to detailed
drawings contained in the project specifications, in an amount in excess of one-half of one
percent of the bidder's total bid, or, in the case of bids or offers for the construction of streets or
highways, including bridges, in excess of one-half of one percent of the bidder's total bid or Ten
Thousand Dollars ($10,000.00), whichever is greater.
Failure to list subcontractors may render the bid non-responsive and may be grounds for rejection
of the bid. Failure to comply with the provisions of the California "Subletting and Subcontracting
Fair Practices Act" shall make the Contractor subject to the sanctions as set forth in the Act.
Instructions to Bidders 1110-5
18.0 BIDDERS INTERESTED IN MORE THAN ONE BID
No person, firm, or corporation, under the same or different name, shall make, file, or be
interested in more than one bid for the same work unless alternate bids are called for. A person,
firm, or corporation may, however, submit sub -proposals or quote prices on materials to more
than one bidder.
The City may reject the bids of the known participants in such collusion. Pursuant to Public
Contract Code Section 7106, bidders shall execute and furnish with their bids Section 1250,
NON -COLLUSION AFFIDAVIT.
19.0 SHEETING. SHORING AND BRACING
Pursuant to the provisions of California Labor Code Section 6707, each bid submitted shall
contain, in the bid item indicated, the amount included in its bid for adequate sheeting, shoring,
and bracing, or equivalent method, for the protection of life and limb in trenches and open
excavation, which shall conform to applicable safety orders. By listing this sum, the bidder
warrants that its action does not convey tort liability to the City, its consultants, and their
employees, agents, and sub -consultants.
20.0 OFFER OF ASSIGNMENT OF ANTITRUST ACTIONS
As provided by Sections 4551 and 4552 of the California Government Code, in submitting a bid
to the City, the bidder offers and agrees that if the bid is accepted, it will assign to the City 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. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section
16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of
goods, materials, or services by the bidder for sale to the City pursuant to the bid. Such
assignment shall be made and become effective at the time the City tenders final payment to the
bidder.
21.0 ASSIGNMENT OF CONTRACT
No assignment by the Contractor of any contract to be entered into hereunder, or any part thereof,
or of funds to be received thereunder by the Contractor, will be recognized by City unless such
assignment has had prior approval of City and the Surety has been given due notice of such
assignment in writing and has consented thereto in writing.
22.0 REJECTION OF BIDS
The City reserves the right to reject all bids for any reason. The City further reserves the right to
reject any bid: which is non-responsive, incomplete, obscure, or irregular; which omits a bid on
any one or more of the required bid items; which does not contain satisfactory documentation of
the bidder's qualifications as required by Section 1110-16.0, QUALIFICATION OF BIDDER;
which, in the City's opinion, the unit prices are unbalanced; which is accompanied by insufficient
or irregular bid security; or, which is from a bidder who has previously failed, on a contract of
any nature, to perform properly or to complete it on time. The City reserves the right to waive
irregularities.
Instructions to Bidders 1110-6
23.0 CONTRACT AND BONDS
The successful bidder, simultaneously with the execution of the Agreement, will be required to
furnish a Payment Bond on forms provided by the City in an amount equal to one hundred
percent (100%) of the Contract Price, a Faithful Performance Bond in an amount equal to one
hundred (100%) of the Contract Price, and the WORKER'S COMPENSATION INSURANCE
CERTIFICATE in Section 1330. Said bonds shall be secured from a surety company
satisfactory to City.
The form of Agreement, as provided in Section 1300, which the successful bidder as Contractor
will be required to execute, and the forms of bonds as provided in Sections 1310 and 1320, which
it will be required to furnish, shall be carefully examined by the bidder.
24.0 AWARD OF CONTRACT
Within sixty (60) days after the time of opening of the bids, the City will act either to accept a
bid, to reject all bids or with the consent of the bidders and their sureties to extend the time in
which the City may act. The acceptance of a bid will be evidenced by a notice of award of
Contract in writing, delivered in person or by certified mail to the bidder whose bid is accepted.
No other act of City will constitute acceptance of a bid. The award of Contract shall obligate the
bidder whose bid is accepted to furnish performance and payment bonds and evidences of
insurance, and to execute the Agreement in the form set forth in the Contract documents.
If award is made, it will be based on the lowest responsible combined price for all base bid items.
25.0 EXECUTION OF CONTRACT
The Contract Agreement shall be executed by the successful bidder and returned, together with
the Contract bonds and evidences of insurance, within ten (10) days after receiving written notice
of the award of the Contract. Time is of the essence in this regard. After execution by City, one
copy shall be returned to Contractor.
26.0 CONSTRUCTION DOCUMENTS
The City will furnish the Contractor five copies of the Specifications after the execution of the
Contract. The Contractor may request up to three additional copies at no cost, for a total of eight
(8) no cost copies. Additional copies may be obtained for the price listed in Section 1100,
INVITATION TO BID.
Instructions to Bidders 1110-7
SECTION 1200
BID
DATE:
The undersigned, as bidder, declares it has received and examined the Contract Document entitled
Project No. 2008-08, Sand Volleyball Court at Adams Park, and will contract with the City, on the
form of Agreement provided herewith, to do everything required for the fulfillment of the contract for
said work at the prices and on the terms and conditions herein contained.
We have included the following items and agree that they shall form a part of this bid:
SECTION TITLE
1200 Bid
1210 Bid Schedule
1220 Bid Guaranty Bond
1230 Certification of Bidder's Experience and Qualifications
1240 Proposed Subcontractors
1250 Non -Collusion Affidavit
We acknowledge that the following addenda have been received and have been examined as part of the
Contract Documents.
Addendum # Date Received Initials
Attached is a bid guaranty bond as required by Paragraph 1110-15.0, BID GUARANTY.
Bid 1200-1
If our bid is accepted, we agree to sign the agreement without qualifications and to furnish the
performance and payment bonds and the required evidence of insurance within 10 calendar days after
receiving written notice of the award of the contract.
We further agree, if our bid is accepted and a Contract for performance of the work is entered into with
the City, to so plan work and to prosecute it with such diligence that the work shall be completed within
the time stipulated.
Name of Bidder Telephone Number
Contractor's License No.
License Expiration Date
Signature of Bidder
Title of Signatory
Witness Address of Bidder
Title of Witness State of Incorporation
Bid 1200-2
SECTION 1210
BID SCHEDULE
Project No. 2008-08
Sand Volleyball Court at Adams Park
City of La Quinta
78-495 Calle Tampico
P.O. Box 1504
La Quinta, CA 92247-1504
Gentlemen:
Pursuant to the Invitation to Bid, the undersigned hereby proposes and agrees that on award by the City
under this Bid, and in accordance with the provisions therein stated, to execute a Contract, with necessary
bonds, to furnish and install any and all labor, materials, transportation and services for Project No. 2008-
08, Sand Volleyball Court at Adams Park, in accordance with the plans and specifications therefore
adopted and on file with the City within the time hereinafter set forth and at the prices named in this Bid.
Unit prices in each and every case shall represent a true unit price used in preparing the bid schedule totals
(Bid Form). Unit prices listed herein shall include material, installation and appurtenant work as is
necessary to have the item complete and in place meeting the full intent of the plans and specifications.
Unbalanced unit prices shall be sufficient cause for rejection of the bid. The purpose of the unit pricing is
for bid evaluation and changes in the work during construction. The basis for award shall be the lowest
combined price of all bid items. Items marked (F) are final pay items.
Base Bid Area
ITE
DESCRIPTION
UNIT
QTY.
UNIT
EXTENDED
M
PRICE
PRICE
NO.
1.
Mobilization
LS
1
2
Provide Dust Control (PM 10) in accordance
LS
1
with A MD regulations
3.
Clearing, Grubbing, and Irrigation Relocation
LS
1
4
Furnish & Install a Sand Volleyball Court per
LS
1
details andspecifications
5
Furnish All Necessary Equipment per details
LS
1
andspecifications
TOTAL:
TOTAL BASE BID ITEMS 1 — 5:
(Words)
1 Bid Schedule
(Figures)
1210-1
Bid Amount of each of the above Bid Items must be filled in and completed. It is understood that the
quantities shown hereon are but estimates and the bidder is responsible to verify quantities prior to
submitting a bid. Final payment will be based upon actual work performed, subject to such adjustments
and alterations as elsewhere provided herein.
Telephone Number
Signature of Bidder
Printed Name of Bidder
Date
Bid Schedule 1210-2
ISECTION 1220
BID GUARANTY BOND
' KNOW ALL MEN BY THESE PRESENTS:
THAT WE, as
j PRINCIPAL, and as
SURETY, are held and firmly bound unto the City in the penal sum of TEN (10) PERCENT OF THE
TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City
for the work described below, for the payment of which sum in lawful money of the United States, well
and truly to be made to the City to which said bid was submitted, we bind ourselves, our heirs executors
administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the Principal has
submitted the above-mentioned bid to the City, for certain construction specifically described as follows,
for which bids are to be opened at La Quinta, California.
Project No. 2008-08
Sand Volleyball Court at Adams Park
' I
NOW, THEREFORE, if the aforesaid Principal is awarded the contract and, within the time and
manner required under the specifications, after the prescribed forms are presented to him/her for signature
enters into a written contract in the prescribed form, in accordance with the bid, and files two bonds with
the City, one to guarantee faithful performance, and the other to guarantee payment for labor and
materials as. required by law, and provide certificate of insurance coverage required by the Contract
Documents, then this obligation shall be null and void; otherwise, it shall be and remain in full force and
virtue.
IN WITNESS WHEREOF, we have hereunto set our hands on this day of
, 2008.
Title of Signatory
Signature of Principal
Address
Title of Signatory
Address
Signature of Surety
INote: Signatures of those executing for the surety must be properly acknowledged.
I
Bid Guaranty Bond 1220-I
SECTION 1230
CERTIFICATION OF BIDDER'S
EXPERIENCE AND QUALIFICATIONS
The undersigned Bidder certifies that he is, at the time of bidding, and shall be, throughout the period of
the contract, licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code
of the State of California, to do the type of work contemplated in the Contract Documents. Bidder shall
further certify that it is skilled and regularly engaged in the general class and type of work called for in
the Contract Documents.
The Bidder represents that it is competent, knowledgeable, and has special skills on the nature, extent, and
inherent conditions of the work to be performed. Bidder further acknowledges that there are certain
peculiar and inherent conditions existent in the construction of the particular facilities which may create,
during the construction program, unusual or peculiar unsafe conditions hazardous to persons and
property. Bidder expressly acknowledges that it is aware of such peculiar risks and that it has the skill
and experience to foresee and to adopt protective measures to adequately and safely perform the
construction work with respect to such hazards.
The Bidder shall list below four (4) projects completed in the last seven (7) years of similar size and
complexity that indicate the Bidder's experience as a General Contractor.
1. Project Name:
L
Il
Owner:
Construction Cost: $
Construction Time:
Owner's Representative:
Owner's Telephone No.:
Date of Substantial Completion:
Project Name:
Owner:
Construction Cost: $
Construction Time:
Owner's Representative:
Owner's Telephone No.:
Date of Substantial Completion:
Calendar Days
Calendar Days
I
Bidders Experience & Qualifications 1230-1
3. Project Name:
Owner:
Construction Cost: $
Construction Time:
Owner's Representative:
Owner's Telephone No.:
Date of Substantial Completion:
4. Project Name:
Owner:
Construction Cost: $
Construction Time:
Owner's Representative:
Owner's Telephone No.:
Date of Substantial Completion:
Signed this day of )2008.
Name of Bidder
Signature of Bidder (In Ink)
Title of Signatory
Calendar Days
Calendar Days
Contractor's License No.
Expiration Date
Bidders Experience & Qualifications 1230-2
SECTION 1240
PROPOSEDSUBCONTRACTORS
Pursuant to California Public Contracting Code, Section 4100 et. Seq., the following list gives the name,
business address, and portion of work (description of work to be done) for each subcontractor that will be
used in the work if the bidder is awarded the Contract. (Additional supporting data may be attached to
this page. Each page shall be sequentially numbered, and headed "Proposed Subcontractors" and shall be
signed.)
Subcontractor
Business Address Description of Work % of Work
Signature of Bidder
Name of Bidder
Proposed Subcontractors 1140_1
SECTION 1250
NON -COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
State of California )
ss.
County of )
being first duly sworn, deposes and say that
he or she is
' of 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,
i' 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.
it
Signature
Name of Bidder
Title
Date
' Non -Collusion Affidavit 1250-1
SECTION 1300
AGREEMENT
' THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation, herein
referred to as "City," and , herein referred to as, "Contractor."
WITNESSETH:
In consideration of their mutual covenants, the parties hereto agree as follows:
' 1. Contractor shall furnish all necessary labor, material, equipment, transportation and services for
Project No. 2008-08, Sand Volleyball Court at Adams Park, in the City of La Quinta, California
pursuant to the Invitation to Bid, dated September, 2008, the project Specifications, and Contractor's Bid,
dated , 2008, all of which documents shall be considered a part hereof as though fully set
herein.
Should any provisions of Contractor's Bid be in conflict with the Notice Inviting Bids,
Specifications, or this Contract, then the provisions of said Contract, Specifications, and Invitation to Bid
shall be controlling, in that order of precedence. The time frame for construction work shall be in
accordance with that specified in the Invitation to Bid.
2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code, which
are, as amended from time to time, incorporated herein by reference.
3. All work shall be done in a manner satisfactory to the City Engineer.
4. Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to
have all work completed within the specified 30 working days completion time period.
' 5. In consideration of said work, City agrees to pay Contractor such sums as shall be approved by
the City Engineer at lump sums and/or unit prices stated in the Contractor's Bid, the base consideration of
($ .00). All payments shall be
' subject to approval by the City Engineer and shall be in accordance with the terms, conditions, and
procedures provided in the Specifications.
6. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety
satisfactory to City, as provided in said Specifications or Invitation to Bid, the cost of which shall be paid
by Contractor.
7. Contractor shall defend, indemnify and hold harmless the City, its officers, employees,
representatives and agents ("Indemnified Parties"), from and against those actions, suits, proceedings,
claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or
death of person(s), for damage to property (including property owned by City) and for errors and
omissions committed by Consultant, its officers, employees and agents, which arise out of Consultant's
negligent performance under this Agreement, except to the extent of such loss as may be caused by City's
' own negligence or that of its officers or employees. In the event the Indemnified Parties are made a party
to any action, lawsuit, or other adversarial proceeding in any way involving such claims, Consultant shall
provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties
their costs of defense, including reasonable attorney's fees, incurred in defense of such claim. In addition,
Consultant shall be obligated to promptly pay any final judgment or portion thereof rendered against the
Indemnified Parties.
' Agreement 1300-1
8. Except as otherwise required, Contractor shall concurrently with the execution of this contract,
furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in said
Specifications. This insurance shall be kept in full force and effect by Contractor during this entire
contract and all premiums thereon shall be promptly paid by it. Each policy shall further state that it
cannot be canceled without 30 days unconditional written notice to the City and shall name the City as an
additional insured. Contractor shall furnish evidence of having in effect, and shall maintain Workers
Compensation Insurance coverage of not less than the statutory amount or otherwise show a certificate of
self-insurance, in accordance with the Workers Compensation laws of the State of California. Failure to
maintain the required amounts and types of coverage throughout the duration of this Contract shall
constitute a material breach of this Contract.
9. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic
employed in the execution of this Contract by said Contractor, or any subcontractor under it, upon any of
the work herein mentioned, for each calendar day during which such laborer, workman, or mechanic is
required or permitted to work at other than a rate of pay provided by law for more than 8 hours in any one
calendar day and 40 hours in any one calendar week, in violation of the provisions of Sections 1810-1815
of the Labor Code of the State of California.
10. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny
the right of any individual to seek, obtain and hold employment without discrimination because of race,
religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex
or age as provided in the California Fair Employment Practice Act (Government Code Sections 12900, et
seq.) Contractor agrees that a finding by the State Fair Employment Practices Commission that
Contractor has engaged during the term of this Contract in any unlawful employment practice shall be
deemed a breach of this Contract and Contractor shall pay to City $500.00 liquidated damages for each
such breach committed under this contract.
11. Contractor also agrees that for contracts in excess of $30,000 and more than 20 calendar days
duration, that apprentices will be employed without discrimination in an approved program in a ratio
established in the apprenticeship standards of the craft involved (Sections 1777.5 and 1777.6, Labor Code
of California). Contractors who willfully fail to comply will be denied the right to bid on public projects
for a period of six months in addition to other penalties provided by law.
12. This Contract shall not be assignable by Contractor without the written consent of City.
13. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed
completed.
14. In accepting this Contract, Contractor certifies that no member or officer of the firm or
corporation is an officer or employee of the City except to the extent permitted by law.
15. Contractor certifies that it is the holder of any necessary California State Contractor's License and
authorized to undertake the above work.
16. The City, or its authorized auditors or representatives, shall have access to and the right to audit
and reproduce any of the Contractor records to the extent the City deems necessary to insure it is
receiving all money to which it is entitled under the contract and/or is paying only the amounts to which
Contractor is properly entitled under the Contract or for other purposes relating to the Contract.
17. The Contractor shall maintain and preserve all such records for a period of at least three years
after termination of the contract.
Agreement 1300-2
18. The Contractor shall maintain all such records in the City of La Quinta. If not, the Contractor
shall, upon request, promptly deliver the records to the City or reimburse the City for all reasonable and
extra costs incurred in conducting the audit at a location other than at City offices including, but not
limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel,
lodging, meals and overhead.
19. The further terms, conditions, and covenants of the Contract are set forth in the Contract
Documents, each of which is by this reference made a part hereof.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated
below.
Dated:
ATTEST:
Veronica Montecino, CMC, City Clerk
APPROVED AS TO FORM:
City Attorney
Dated:
Dated:
Agreement
"CITY"
CITY OF LA QUINTA,
a California municipal corporation
By:
Don Adolph, Mayor
Dated:
Dated:
"CONTRACTOR"
By:
Name:
Title:
By:
Name:
Title:
"CONTRACTOR"
(If corporation, affix seal)
13oo-3
I
SECTION 1310
I I
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has,
awarded to hereinafter designated as the
' Principal, a Contract for Project No. 2008-08, Sand Volleyball Court at Adams Park and;
WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the
' faithful performance of said Contract:
NOW, THEREFORE, we, the Principal, and , as
Surety, are held and firmly bound unto the City in the just and full amount of
($ .00) lawful money of the United
States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs,
' executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and
truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any
alterations 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 City, 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.
It is acknowledged that the Contract provides for one-year guarantee period, during
which time this bond remains in full force and effort.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration, or addition to the terms of the 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, extension of time, alteration, or addition to the terms of the
Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections
2819 and 2845 of the Civil Code of the State of California.
� I
11
11
.' Faithful Performance Bond 1310-1
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their
seals this day of , 2008, the name and corporate seal
of each corporate party being hereto affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Principal
(Seal)
Signature for Principal
Title of Signatory
Surety
(Seal)
Signature for Surety
Title of Signatory
Address of Surety
Phone # of Surety
Contact Person For Surety
Faithful Performance Bond 1310-1
SECTION 1320
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of La Quinta, a municipal corporation, hereinafter designated the City, has, on
'2008 awarded to , hereinafter designated
as the Principal, a Contract for Project No. Sand Volleyball Court at Adams Park, and
WHEREAS, said Principal is required to furnish a bond in connection and with said Contract,
providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials,
provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be
done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the
extent hereinafter set forth:
NOW, THEREFORE, we, the Principal, and as
Surety, are held and firmly bound unto the City in the just and full amount of
($ .00) lawful money of the
United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs,
executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, 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 amount due under the Unemployment Insurance Act with respect to
such work or labor, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue
and Taxation Code of the State of California with respect to such work or labor, then said surety will pay
the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit
is brought upon this bond, such reasonable attorney's fees to the City as shall be fixed by the court.
This bond shall insure to the benefit of any and all persons, companies, and corporations 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.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the
specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does
hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract
or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and
2845 of the Civil Code of the State of California.
Payment Bond 1320-1
IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their
seals this day of , 2008, the name and corporate seal
of each corporate party being hereto affixed and these presents duly signed by its undersigned
representative, pursuant to authority of its governing body.
Principal
(Seal)
Signature for Principal
Title of Signatory
Surety
(Seal)
Signature for Surety
Title of Signatory
Address of Surety
Phone # of Surety
Contact Person For Surety
PaymenlBond 1320-2
SECTION 1330
WORKERS' COMPENSATION INSURANCE CERTIFICATE
In accordance with California Labor Code Section 1861, prior to commencement of work on 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."
Signature
Title
Date
Workers' Compensation Insurance 1330-1
SECTION 1340
LIABILITY AND INSURANCE REOUEREMENTS
' 1.0 INDEMNIFICATION
The Contractor shall indemnify, hold harmless and assume the defense of the City, its elected
officials, officers, agents, and employees from all damages, costs, or expenses in law or equity
that may at any time arise to cause damages to property, or of personal injury received by reason
of or in the course of performing work, which may be occasioned by any willful or negligent act
or omission of the Contractor, any of the Contractor's employees, or any of its subcontractors
arising out of work under this Contract.
Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors
from liability under Section 1340-1.0, Indemnification. The City will not be liable for any
accident, loss, or damage to the work prior to its completion and acceptance.
2.0 INSURANCE REQUIREMENTS
2.1 General
After award of Contract, the Contractor shall promptly obtain, at its own expense, all the
insurance required by Paragraph 1340-2.0, INSURANCE REQUIREMENTS, and shall submit
coverage verification for review and approval by the City upon execution of the Contract.
The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor
shall not commence work, until such insurance has been approved by the City. The Contractor
shall not allow any subcontractors to commence work on its subcontract until all similar
insurance required of the subcontractor has been obtained and verified by Contractor. Such
insurance shall remain in full force and effect at all times during the prosecution of the Work and
until the final completion and acceptance thereof.
The Notice to Proceed does not relieve the Contractor of the duty to obtain such insurance as
required by Paragraph 1340-2.0 INSURANCE REQUIREMENTS.
2.2 Commercial General Liability Policy
The Contractor shall take out and maintain during the life of the Contract, a Commercial General
Liability Policy, on an occurrence basis, with a minimum limit of not less than One Million
Dollars ($1,000,000) combined single limit for bodily injury and property damage for any one
occurrence and a Two Million Dollar ($2,000,000) annual project aggregate, for all of the
following:
a. Premises Operations, including Explosion, Collapse and Underground (X, C, and U)
Coverage.
b. Completed Operations/Products, including X, C, and U Coverage.
c. Independent Contractors.
d. Blanket Contractual.
e. Deductible shall not exceed One Thousand Dollars ($1,000).
Liability & Insurance Requirements 1340-1
2.3 Commercial Business Auto Polic
The Contractor shall take out and maintain during the life of this Contract a Commercial Business
Auto Policy, on an occurrence basis, with a minimum amount of not less than One Million
Dollars ($1,000,000) combined single limit for bodily injury and property damage, providing at
least all of the following coverage:
a. Coverage shall be applicable to any and all leased, owned, hired, or non -owned
vehicles used in pursuit of any of the activities associated with this Contract.
b. Any and all mobile equipment, including cranes, which is not covered under said
Commercial Business Auto Policy shall have said coverage provided for under the Commercial
General Liability Policy.
c. Deductible shall not exceed One Thousand Dollars ($1,000).
2.4 Workers' Compensation Insurance
The Contractor shall take out and maintain during the life of the Contract, Worker's
Compensation and Employers' Liability insurance providing coverage for any and all employees
of Contractor:
a. The required policy shall provide coverage for Workers' Compensation (Coverage A).
b. This policy shall provide coverage for One Million Dollars ($1,000,000) Employers'
Liability (Coverage B).
2.5 Endorsements
All of the following endorsements are required to be made a part of the policies described in this
Section hereof:
a. "The City, City employees and officers, the City Engineer, its consultants, elected
officials, agents, and sub -consultants are hereby added as additional insured insofar as Work done
under this Contract is concerned."
b. "This policy shall be considered primary insurance as respects any other valid and
collectible insurance, including self-insured retention, the City may possess, and any other
insurance the City does possess shall be considered excess insurance only."
c. "This insurance shall act for each insured, and additional insured, as though a separate
policy had been written for each. This, however, will not act to increase the limit of liability of
the insuring company.
ti -
Liability & Insurance Requirements 1340-2
1
d. "Thirty (30) days prior written notice of cancellation shall be given to the City. Such
notice shall be sent to:
Thomas P. Genovese, City Manager
City of La Quinta
P.O. Box 1504
La Quinta, CA 92247-1504
2.6 Chance in Terms
The Contractor shall provide immediate written notice to the City of any change in terms and
conditions and/or reduction in the coverage of any nature to the insurance policies. The notice
shall be sent to the location identified in Paragraph 1340-2.5.d, Endorsements. The Contractor
shall be obligated to pay any extra premium for maintaining the insurance requirements specified
herein.
Liability & Insurance Requirements 1340-3
SECTION 1400
GENERAL CONDITIONS
1.0 GENERAL
1.1 Intent of Contract Documents
Where the Plans or Specifications describe portions of the Work in general terms but not in
complete detail, it is understood that only the best general practice is to prevail and that only
materials and workmanship of the first quality are to be used. Unless otherwise specified, the
Contractor shall furnish tools, equipment, and incidentals, and do all the work involved in
executing the Contract in a satisfactory and workmanlike manner.
Unless specifically noted otherwise, all sections of the Specifications and the Plans shall be
complimentary and applicable to each other.
In the event the materials and/or equipment are to be furnished by the City, as designated in the
Specific Project Requirements or as agreed on, this shall not relieve the Contractor of the above
requirements to furnish all other labor, materials, and equipment to complete the Contract.
Words and abbreviations which have well known technical or trade meaning are used in the
Contract Documents in accordance with such recognized meanings.
1.2 Discrepancies and Omissions
Any discrepancies or omissions found in the Contract Documents shall be immediately reported
to the City Engineer who will clarify discrepancies or omissions, in writing, within a reasonable
time.
In resolving inconsistencies among two or more sections of the Contract Documents, precedence
shall be given in the following order:
1.
Contract
a. Agreement
b. Permits
c. Change Orders
2.
Instruction to Bidders
3.
Permits issued by other agencies
4.
Specific Project Requirements
5.
General Project Requirements
6.
Supplementary Conditions
7.
General Conditions
8.
Standard Specifications
9.
Reference Specifications
10.
Plans
11.
Standard Plans
Genera! Conditions 1400-1
1.3 Headings
Headings to parts, divisions, sections, articles, paragraphs, subparagraphs, and forms are inserted for
convenience of reference only and shall not affect the interpretation of the Contract Documents.
1.4 Penalty for Collusion
If, at any time, it is found that the person, firm, or corporation to whom the Contract has been
awarded has, in presenting any bid or bids, colluded with any other party or parties, then the
Contract shall be null and void, and the Contractor and its sureties shall be liable for loss or
damage which the City may suffer thereby, and the City may advertise for new bids for said
Work.
1.5 Successors and Assigns
The City and the Contractor, respectively, bind themselves, their partners, successors, assigns,
and legal representatives to the other party hereto and to the partners, successors, assigns, and
legal representatives of such other party with respect to all covenants, agreements, and obligation
contained in the Contract Documents. Neither party to the Contract shall assign the Contract or
sublet it as a whole without the written consent of the other.
1.6 Assignment to City
Pursuant to Public Contract Code 4551, in entering into the Contract and all subcontracts, to
supply goods, services, or materials pursuant to the Contract, the Contractor and its
subcontractors offer and agree to assign to the City 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 of Division 7 of the
Business and Professions Code), arising from purchases of goods, services, or materials pursuant
to the Contract and subcontracts. This assignment shall be made and become effective at the time
the City tenders final payment to the Contractor, without further acknowledgment by the parties.
1.7 Rights and Remedies
The duties and obligations imposed by the Contract Documents and the rights and remedies
available thereunder shall be in addition to, and not a limitation of, any duties, obligations, rights,
and remedies otherwise imposed or available by law.
No action or failure to act by the City and its representatives or the consultants, shall constitute a
waiver of any right or duty afforded any of them under the Contract, nor shall any such action or
failure to act constitute an approval of or acquiescence in any breach thereunder, except as may
be specifically agreed in writing.
1.8 Definitions
Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated,
applicable, appropriate, sufficient, proper, desirable, necessary, prescribed, approved, acceptable,
satisfactory or words of like import, refer to actions, expressions, and prerogatives of the City, the
City Engineer.
General Conditions 1400-2
Masculinewor ender
g ds in clude the feminine. References to gender, such as workman and
"flagman" and the pronouns "he" or "his" referring to such titles, are abstract in the specifications,
used for the sake of brevity are intended to refer to persons of either sex.
Singular words include the plural and "person" includes firms, companies, and corporations.
Where used in the Contract Documents, the following words and terms shall have the meanings
indicated. The meanings shall be applicable to the singular, plural, masculine, and feminine of
the words and terms.
Acceptance - The formal written acceptance by the City of an entire Contract which has
been completed in all respects in accordance with the Contract Documents and any
modifications thereof previously approved.
Act of God - An earthquake, flood, cyclone, or other cataclysmic phenomenon of nature.
' A rain, windstorm, high water, or other natural phenomenon, which might reasonably
have been anticipated from historical records of the general locality of the work, shall not
be construed as an Act of God.
Addenda - Written or graphic instruments issued prior to the bid which modify or
interpret the Contract Documents, drawings, and specifications, by additions, deletions,
clarifications, or corrections.
Agreement - The written document covering the performance of the Work as more fully
described in, but not limited to, the plans, standard specifications, special and technical
provisions, Contract bonds, proposal, addenda, and Contract Change Orders.
Architect - The Architect responsible for the preparation of plans and specifications for
the City of La Quinta
Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth
the price for the work to be performed.
Bond(s) - Bid, Performance, or Payment Bonds and other instruments of surety,
furnished by the Contractor and Contractor's surety in accordance with the Contract
Documents.
Bidder. - Any properly licensed and qualified individual, firm, partnership, corporation,
joint venture, or combination thereof, submitting a proposal for the work contemplated,
acting directly or through a duly authorized representative.
Calendar Day - Any day including legal holidays, Saturdays and Sundays.
City - The City of La Quinta, a Municipal Corporation in the State of California.
City Engineer - The person designated, in writing, by the City to act as its representative
at the construction site and to perform construction inspection services and administrative
functions relating to this Contract. Initial contact by the Contractor with the City shall be
through the City Engineer.
General Conditions 1400-3
City Representative - The person designated in writing by the City to act as its agent on
specified matters relating to this Contract. The City's Representative is not the City
Engineer, but is another individual who has been designated to represent the City.
Contract Change Order - A written order to the Contractor, covering changes in the
plans or quantities, or both, and establishing the basis of payment and time adjustments
for the work affected by the changes. Also referred to as a Change Order.
Contract Documents - The words "Contract Documents" shall mean any or all of, but
not limited to, the following items, as applicable:
Invitation to Bid
Instructions to Bidders
Bid Documents
Designation of Subcontractors
Bid Guaranty Bond
Agreement
Acknowledgments
Performance Bond
Payment Bond
General Conditions
Supplementary General Conditions
General Project Requirements
Specific Project Requirements
Standard Specifications
State Standard Specifications
Project Plans
Standard Drawings
Addenda, if any
Executed Change Orders, if any
Notice of Award
Notice to Proceed
Permits from other agencies
Each of these items is to be considered by reference as part of the Contract Documents,
also referred to as Contract.
Contract Price - The amount payable to the Contractor under the terms and conditions of
the Contract based on the price given on the bidding schedule, with adjustments made in
accordance with the Contract. The base amount given in the bidding schedule shall be
either a lump sum bid or the summation of the unit price bids multiplied by the estimated
quantities set forth in the bid form. Also referred to as Contract Amount or Contract
Sum.
Contract Time - Number of calendar days stated in the Contract for the completion of
the Work.
Contract Completion Date - The date on which the City accepts the work as being
complete.
Genera! Conditions 1400-4
Contractor - The person or persons, firms, partnership, corporation, or combination
' thereof, who have entered with the City, as party or parties of the second part of his or
their legal representatives.
r
Contractor's Plant and Equipment - Equipment, material, supplies, and all other items,
except labor, brought onto the site by the Contractor to carry out the Work, but not to be
incorporated in the Work.
Consultant - Individuals and/or companies retained by the City to provide specific
professional services.
Day(s) - Calendar Day(s), unless contract time is indicated in working days.
Direct - Action of the City or City Engineer by which the Contractor is ordered to
perform or refrain from performing work under the Contract.
Feld Directive - Written documentation of the actions of the City or City Engineer in
directing the Contractor. Also referred to as a Directive.
Feld Order - A written instruction given to the Contractor authorizing work that is a
change to the scope of work carried out on a time and material basis.
Furnish - To deliver to the job site or other specified location any item, equipment, or
material.
General Conditions - Part of the Contract Documents representing the general clauses
that establishes how the project is to be administered.
General Proiect Requirements - Part of the Contract Documents establishing general
conditions or requirements peculiar to the way public works projects are performed in the
City of La Quinta.
Herein - Refers to information presented in the Project Manual.
Holidays - Legal holidays designated by the City or specifically identified in the
Contract.
Install - Placing, erecting, or constructing any item, equipment, or material.
Laboratory - The designated materials testing laboratory authorized by the City to test
materials and work involved in the Contract.
Liquidated Damages - A variable amount as prescribed in Paragraph 1400-2.1, to be
paid to the City or to be deducted from any payments due, or to become due, to the
Contractor as a result of the Contractor not completing the work in the time allowed in
the specifications.
Notice of Award - A written notice by the City to the Contractor informing him that the
Contract has been awarded to him.
1, Genera! Conditions 1400-5
Notice to Proceed - The written notice by the City to the Contractor authorizing him to
proceed with the Work and establishing the date of commencement of the Work.
Paragraph - For references or citation purposes, refers to the paragraph(s), called out by
paragraph number and alphanumeric designator.
Person - Includes firms, companies, corporations, partnerships, and joint ventures.
Plans - Refers to the project plans drawings, profiles, cross sections, elevations, details,
and other working drawings and supplementary drawings, or reproductions thereof,
approved by the City, and are referred to in the Contract Documents, which show the
location, character, dimensions, and details of the work to be performed. The terms
drawing, plan and plans have the same meaning as the term drawings unless otherwise
stated or specified.
Project - The undertaking to be performed under the provisions of the Contract.
Project Manual - Those Contract Documents which are bound into one or more volumes
prior to bidding.
Provide - Furnish and install, complete in place.
Punch List - List of incomplete items of work and of items of work which are not in
conformance with the Contract.
Shall - Refers to actions by either the Contractor or the City and means the Contractor or
City has entered into a covenant with the other party to do or perform the action.
Shown - Refers to information presented on the Drawings, with or without reference to
the Drawings.
Site - The property as described in the General Conditions or as shown on the Drawings.
Specific Project Requirements - Part of the Contract Documents establishing specific
conditions or requirements peculiar to the work.
Specifications - That part of the Contract Documents consisting of the General
Conditions, Supplementary General Conditions, General Project Requirements, Specific
Project Requirements, applicable portions of the Standard Specifications and State
Standard Specifications, and Technical Specifications.
Specify - Refers to information described, shown, noted or presented in any manner in
any part of the Contract.
Standard Specifications - Standard Specifications for Public Works Construction, latest
edition including all supplements, as written by the Joint Cooperative Committee of the
Southern California Chapter of the American Public Works Association and the Southern
California District of the Associated General Contractors of California.
Genera! Conditions 1400-6
State Standard Specifications
-
The State of California, Department of Transportation
Agency's Standard Specifications in effect at the time of advertising the Work. Also
referred to as State Standard Specifications and Caltrans Standard Specifications.
Subcontractor - A subcontractor is a person or entity who has a direct contract with the
Contractor to perform any of the Work at the Site. The term subcontractor means a
subcontractor or subcontractor's authorized representative. The term subcontractor does
not include any separate contractor or any separate contractor's subcontractors.
Submittals - The information which is specified for submission to the City Engineer in
accordance with the Project Manual.
Substantial Completion - Substantial Completion is the stage in the progress of the
Work when the Work is sufficiently complete in accordance with the Contract
Documents so the City can occupy or utilize the Work for its intended use.
Sub -subcontractor - A sub -subcontractor is a person or entity who has a direct or
indirect contract with a subcontractor to perform any of the Work at the Site. The term
sub -subcontractor means a sub -subcontractor or an authorized representative thereof.
Supplier - Any person, firm, corporation, or organization who supplies materials or
equipment for the Work, including that fabricated to a special design, and may also be a
Subcontractor or a Sub -subcontractor.
Sure - The person, firm, corporation, or organization that joins with the Contractor in
assuming the liability for the faithful performance of the Work and for the payment of all
obligations pertaining to the Work in accordance with the Contract Documents by issuing
the Bonds required by the Contract Documents or by law.
Will - Actions entered into by the Contractor or the City as a covenant with the other
party to do or to perform the action.
Work - The labor, materials, equipment, supplies, and other items necessary for the
execution, completion, and fulfillment of the Contract.
Working Day - Any day, other than a holiday, Saturday or Sunday, on which the
Contractor may proceed with regular work on the current controlling operation as
determined by the City Engineer toward the completion of the Contract. A working day
is equivalent to 1.45 calendar days.
2.0 ADMINISTRATION
2.1 Administration of the Contract
The City Engineer will provide administration of the Contract as hereinafter discussed. The
duties, responsibilities and limitations of authority of City retained consultants and the City
Engineer during the construction, as set forth in the Contract Documents, will not be modified or
extended without written consent of the City.
Genera! Conditions 1400-7
In case of the termination of the employment of a consultant or the City Engineer, the City will
appoint a consultant or a City Engineer whose status under the Contract Documents shall be that
of the former consultant or City Engineer, respectively.
2.2 City Engineer
2.2.1 General - The City Engineer has the authority to act on behalf of the City on
change orders, progress payments, Contract decisions, acceptability of the Contractor's
work, and early possession.
2.2.2 Change Orders - The City Engineer has the authority to accept or reject change
orders and cost proposals submitted by the Contractor or as recommended by the City
Engineer.
2.2.3 Progress Payments - The City Engineer has the authority to accept or reject
requests for progress payments which have been submitted by the Contractor.
2.2.4 Contract Decisions - Should the Contractor disagree with decisions rendered
under this Contract, the Contractor may appeal to the City Engineer in accordance with
the provisions of the Contract.
2.2.5 Acceptability of Work - The City Engineer has the authority to make the final
determination of the acceptability of the Work.
2.2.6 Construction Schedule - The City Engineer has the authority to review and
recommend acceptance of the progress schedule submitted by the Contractor at the start
of the Work and subsequent significant revisions for conformance to the specified
sequence of work and logic.
2.2.7 Inspection - The City Engineer with the assistance of inspectors will observe the
progress, quality, and quantity of the Work to determine, in general, if the Work is
proceeding in accordance with the intent of the Contract Documents. The City Engineer
shall not be responsible for construction means, methods, techniques, sequences, or
procedures, or for safety precautions and programs in connection with the Work.
In accordance with the provisions detailed elsewhere in these General Conditions, the City
Engineer will make decisions relative to all matters of interpretation or execution of the Contract
Documents.
2.3 Consultants
2.3.1 General - Consultants will have the authority to act on behalf of the City only to
the extent provided in the Supplemental General Conditions.
3.0 City
3.1 General
The City, acting through the City Engineer, shall have the authority to act as the sole judge of the
Work and materials with respect to both quantity and quality as set forth in the Contract.
Genera! Conditions 1400-8
3.2 Attention to Work
The City shall notify the Contractor in writing of the name of individuals designated as
representatives of the City Engineer. The representative will normally be at the Site of the Work.
During the representative's absences, the Contractor may contact the City Engineer or a
previously designated representative.
3.3 Inspection
The City will employ one or more inspectors to observe the Work and to act in matters of
construction under this Contract. An inspector is not authorized to revoke, alter, or waive any
requirements of the specifications. The inspector is authorized to call the attention of the
Contractor to any failure of the Work or materials to conform to the Contract Documents. The
inspector shall have the authority to reject material or, in any emergency, suspend the Work. The
Contractor may appeal any such issue which it disagrees with to the City Engineer.
Separate and independent from the inspection above, the project may be inspected by Building
Officials for code compliance. Such inspectors shall have the authority provided to them by local
jurisdiction.
3.4 City's Right to Carry Out the Work
If the Contractor defaults or neglects to carry out the Work in accordance with the Contract
Documents, and fails within seven (7) days after receipt of written notice from the City to
commence and continue correction of such default or neglect with diligence and promptness, the
City may, after seven (7) days following receipt by the Contractor of an additional written notice
and without prejudice to any other remedy make good such deficiencies.
The City also reserves the right to perform any portion of the work due to an emergency
threatening the safety of the Work, public, City, and any property or equipment.
In either case an appropriate Change Order shall be issued unilaterally deducting from the
payments then or thereafter due the Contractor the cost of correcting such deficiencies and/or for
performing such work, including compensation for consultants and City's additional services
made necessary by such default, neglect, failure, or emergency.
3.5 City's Right to Perform Work and to Award Separate Contracts
The City reserves the right to perform the work related to the Project with the City's own forces,
and to award separate Contracts in connection with other portions of the Project or other work on
the Site under these or similar Conditions of the Contract. If the Contractor claims that delay,
damage, or additional cost is involved because of such action by the City, the Contractor shall
make such claim as provided elsewhere in the Contract Documents.
When separate Contracts are awarded for different portions of the Project or other work ,on the
Site, the term "Contractor" in the Contract Documents in each case shall mean the Contractor
who executes each separate Agreement.
The City will provide for the coordination of the work of the City's own forces and of each
separate Contractor with the Work of the Contractor, who shall cooperate therewith as provided
in Paragraph 1400-4.8.3, Cooperation.
General Conditions 1400-9
4.0 CONTRACTOR
4.1 Office
The Contractor's address stated in the Bid is hereby designated as the legal address of the
Contractor for the receipt of documents, samples, notices, letters, and other Articles of
communication.
4.2 Contractor's Representative
The Contractor shall notify the City in writing of the name of the person who will act as the
Contractor's representative and shall have the authority to act in matters relating to this Contract.
The Contractor, acting through its representative, shall give personal attention to, and shall
manage the Work, so that it shall be prosecuted faithfully. The Contractor's representative shall
be an employee of the Contractor. Upon written request of the Contractor, this requirement may
be waived by the City. The City's waiver, if granted will be in writing. There is no obligation by
the City to waive this provision regardless of the effect on the Contractor's operations.
At all times during the progress of the Work, the Contractor's representative shall be personally
present at the Project site, or a designated alternate shall be available who has the authority to act
in matters relating to the Contract. The Contractor's representative or designated alternate shall
have the authority to carry out the provisions of the Contract and to supply materials, equipment,
tools, and labor without delay for the performance of the Work.
Before initial work is begun on the Contract, the Contractor shall file with the City Engineer
addresses and telephone numbers where the Contractor's and all subcontractors' representatives
can be reached during all hours, including nights and weekends when work is not in progress.
4.3 Construction Procedures
The Contractor will supervise and direct the work. The Contractor has the authority to determine
the means, methods, techniques, sequences, and procedures of construction, except in those
instances where the City, to define the quality of an item of work, specifies in the Contract, a
means, method, technique, sequence, or procedure for construction of that item of Work.
4.4 Contractor's Employees
The Contractor shall be responsible for the adequacy, efficiency, and sufficiency of its
employees. Workers shall have sufficient knowledge, skill, and experience to perform properly
the work assigned to them.
The Contractor shall employ only competent, skillful workers to perform the Work. If any
subcontractor or person employed by the Contractor or its subcontractors, appear to the City
Engineer to be incompetent or act in a disorderly or improper manner, such person or
subcontractor shall be discharged from the site immediately by the Contractor upon written
direction of the City Engineer, and such person shall not again be employed on the Project.
General Conditions 1400-10
4.5 Subcontractors
Subcontractors will not be recognized as having a direct relationship with the City. The persons
engaged in the Work, including employees of subcontractors and suppliers, will be considered
employees of the Contractor. The Contractor will be responsible for their work and their work
shall be subject to the provisions of the Contract. The Contractor is as fully responsible to the
City for the acts and omissions of its subcontractors and of persons either directly or indirectly
employed by them as the Contractor is for the acts and omissions of persons directly employed by
the Contractor. Nothing contained in the Contract Documents shall create any contractual
relation between any subcontractor and the City. References in the Contract Document to actions
required of subcontractors, manufacturers, suppliers, or any party other than the Contractor, the
City, the City Engineer, its consultants shall be interpreted as requiring that the Contractor shall
require such subcontractor, manufacturer, supplier, utility company, or party to perform the
specified action, unless the Contract Documents specifically state that the Work is not included in
the Contract.
The Contractor shall not employ any subcontractors that are not properly licensed in accordance
with State law. Prior to commencement of any work by a subcontractor, the Contractor shall
submit verification to the City Engineer that the subcontractor is properly licensed for the work it
will perform. Changes to subcontractors listed in the Bid in accordance with Public Contract
Code 4100 et. seq., shall be made only with the approval of the City.
4.6 Contractor's Equipment and Facilities
The Contractor shall furnish and maintain in good condition all equipment and facilities as
required for the proper execution and inspection of the Work. Such equipment and facilities shall
meet all requirements of applicable ordinances and laws.
4.7 Public Safety and Convenience
The Contractor shall conduct its work so as to insure the least possible obstruction to traffic and
inconvenience to the general public and the residents in the vicinity of the Work and to insure the
protection of persons and property at no extra cost to the City. The Contractor shall have under
construction no greater length or amount of work than he can prosecute properly with due regard
to the rights of the public.
4.8 City -Contractor Coordination
4.8.1 Service of Notice - Notice, order, direction, request, or other communication
' given by the City or the City Engineer to the Contractor shall be deemed to be well and
sufficiently given to the Contractor if delivered to the Contractor's Representative
designated in Paragraph 1400-4.2, Contractor's Representative, to the Contractor's
office designated in Paragraph 1400-4.1, Office, or to the Contractor's address provided
in the Bid Proposal.
4.8.2 Suggestions to Contractor - Plans or methods of work suggested by the City,
City Engineer or authorized representatives to the Contractor, but not specified or
required, if adopted or followed by the Contractor in whole or in part, shall be used at the
risk and responsibility of the Contractor. The City, City Engineer, or authorized
representatives assume no responsibility therefor, and in no way will be held liable for
Genera! Conditions 1400-11
any defects in the Work which may result from or be caused by use of such plan or
method of work.
4.8.3 Cooperation - The Contractor shall afford the City, the City Engineer and
separate Contractors reasonable opportunity for the introduction and storage of their
materials and equipment and the execution of their work, and shall coordinate the Work
with theirs as required by the Contract Documents.
If any part of the Contractor's Work depends for proper execution or results upon the work of the
City or any separate Contractor, the Contractor shall, prior to proceeding with the Work,
promptly report to the City Engineer any apparent discrepancies or defects in such other work
that render it unsuitable for such proper execution and results. Failure of the Contractor to so
report shall constitute an acceptance of the City's or separate Contractor's work as fit and proper
to receive the Work, except as to defects which may subsequently become apparent in such work
by others.
If requested by the Contractor, the City shall arrange meetings with other contractors performing
work on behalf of the City to plan coordination of construction activities. The City shall keep the
Contractor informed of the planned activities of other contractors.
Any costs caused by defective or ill-timed work shall be borne by the responsible party.
Differences and conflicts arising between the Contractor and other contractors employed by the
City or between the Contractor and the workers of the City with regard to their work shall be
submitted to the City for its decision in the matter. If such separate contractor sues the City on
account of any delay or damage alleged to have been caused by the Contractor, the City shall
notify the Contractor who shall, at the City's election, defend such proceedings at the Contractor's
expense. If any judgment or award against the City arises from any such litigation whether
defended by City or by Contractor, the Contractor shall pay or satisfy said judgment or award and
shall reimburse the City for all attorney's fees and court costs which the City has incurred or for
which it is liable.
4.9 Permits
Unless specifically stated to be provided by the City, Contractor shall apply for, obtain, and
comply with all the terms, conditions and requirements attached to all permits, bonds and licenses
required by local, state, or federal agencies to perform work, construct, erect, test and start up of
any equipment or facility for this Contract. Where operating permits are required, the Contractor
shall apply for and obtain such operating permits in the name of the City and provide the permit
in an appropriate frame or fileholder when the City accepts substantial completion of the
equipment or facility. The Contractor shall give all notices necessary or incidental to the due and
lawful prosecution of the work.
Any permits, bonds, licenses and fees therefore required for the performance of work under this
Contract and not specifically mentioned herein as having been obtained and paid by the City shall
be included in the Contractor's bid price.
The Contractor shall apply for and obtain in its name the necessary building, plumbing and
electrical permits and shall be responsible for satisfying all code requirements, calling for
inspections, and obtaining final approvals. Code inspections will be coordinated by the City
General Conditions 1400-12
L9
Engineer. The Contractor shall comply with all construction conditions stipulated in the permits.
The Contractor shall include in its bid the fees for any permits required.
The Contractor shall apply for and obtain all safety permits for excavations, tunneling, trenches,
construction (building structure, scaffolding, or false work) and demolition required by
CAL/OSHA including but not limited to, the permits required by Labor Code Section 6500.
4.10 Contractor's Responsibility for the Work and Materials
Until acceptance of the Work, the Contractor shall have the charge and care of the Work and of
the materials to be used therein and shall bear the risk of injury, loss, or damage, to any part
thereof (regardless of whether partial payments have been made on such damaged portions of the
Work) by the action of the elements or from any other cause, whether arising from the
non -execution of the Work. The Contractor shall rebuild, repair, restore, and make good all
injuries, losses, or damages to any portion of the Work or the materials occasioned by any cause
before its completion and acceptance and shall bear the expense thereof, except for such injuries,
losses, or damages as are directly and approximately caused by acts of the City.
4.11 Laws to be Observed
The Contractor shall keep himself fully informed of all existing and future County, State, and
National laws and regulations and all municipal ordinances and regulations of the City which in
any manner affect those engaged or employed in the Work and of all such orders and decrees of
bodies having any jurisdiction or authority over the same; and shall protect and indemnify the
1 City and all of its officers, agents, and servants against any claim or liability arising from or based
on the violation of any such laws, ordinances, regulations, orders, or decrees whether by himself
or its employees. If any discrepancy or inconsistency is discovered in the plans, drawings,
1
11
specifications or Contract for the Work in relation to any such law, ordinance, regulations, order
or decree, the Contractor shall immediately report the same to the City Engineer in writing.
4.11.1 Certified Payrolls - In accordance with Section 1776 of the Labor Code, 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
project.
The payroll records shall be certified and shall be available for inspection at all
reasonable hours at the principal office of the Contractor on the following basis:
a. 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.
b. A certified copy of all payroll records shall be made available for
inspection or furnished upon request to a representative of the City, the Division
of Labor Standards Enforcement, and the Division of Apprenticeship Standards
of the Department of Industrial Relations.
C. A certified copy of all payroll records shall be made available upon
request by the public in accordance with Section 1776 of the Labor Code.
IGeneral Conditions 1400-13
The Contractor is responsible for its and its subcontractors compliance with the
provisions of Section 1776 of the Labor Code.
4.11.2 Overtime Requirements - The Contractor shall forfeit, as a penalty to the City,
the penalty as provided in Section 1813 of the Labor Code for each worker employed in
the execution of the Contract by the Contractor, or any subcontractor under the
Contractor, for each day during which such worker is required or permitted to work more
than eight (8) hours in any one day and forty (40) hours in any one week, in violation of
the provisions of the Labor Code, and in particular, Section 1810 to Section 1815 thereof,
inclusive, except that work performed by employees of Contractors in excess of eight (8)
hours a day and forty (40) hours during one week, shall be permitted upon compensation
for all hours worked in excess of eight (8) hours per day, at not less than one and a half
(1 %z) times the basic rate of pay as provided for in Section 1815 of the Labor Code.
4.11.3 Apprentice and Trainee - Attention is directed to the provisions in Section
1777.5 of the Labor Code and in accordance with the regulations of the California
Apprenticeship Council concerning the employment of apprentices by the Contractor or
any subcontractor under the Contractor.
Section 1777.5 requires the Contractor or subcontractors employing tradespersons in any
apprenticeable occupation to apply to the joint apprenticeship committee nearest the site
of the project and which administers the apprenticeship program in that trade for a
certificate of approval. The Contractor and subcontractors are required to submit contract
award information to the applicable joint apprenticeship committee. As provided for in
Section 1777.5 of the Labor Code, the Contractor is required to make contributions to
funds established for the administration of apprenticeship programs.
It shall be the responsibility of the Contractor to abide by the provisions of Section
1777.5 (except 1777.5(b)) of the Labor Code and to require all subcontractors employed
by or contracting with the Contractor to abide by said provisions. The Contractor shall
furnish the City any and all evidence of compliance with this code section when
requested by the City.
For failure to comply with Section 1777.5 (except 1777.5(b)) of the Labor Code, the
Contractor shall be subject to the penalties in Section 1777.7 of the Labor Code.
4.11.4 Workers' Compensation Insurance - The Contractor is required to secure the
payment of compensation to its employees in accordance with the provisions of Sections
1860 and 3700 of the Labor Code and Paragraph 1340-2.4 Workers' Compensation
Insurance
4.12 Safety
The Contractor shall be solely and completely responsible for conditions of the job site, including
safety of all persons and property during performance of the work. This requirement shall apply
continuously and not be limited to normal working hours. Safety provisions shall conform to
U.S. Department of Labor (OSHA), the California Occupational Safety and Health Act, and all
other applicable Federal, State, County, and local laws, ordinances, codes, the requirements set
forth below, and any regulations that may be detailed in other parts of these Documents. Where
any of these are in conflict, the more stringent requirement shall be followed.
Genera! Conditions 1400-14
The completed Work shall include all necessary permanent safety devices, such as machinery
guards and similar ordinary safety items, required by the State and Federal (OSHA) industrial
authorities and applicable local and national codes. Further, any features of the Work, including
City -selected equipment, subject to such safety regulations shall be fabricated, furnished, and
installed in compliance with these requirements. All equipment furnished shall be grounded and
provided with guards and protection as required by safety codes. Where vapor -tight or explosion -
proof electrical installation is required by safety codes, this shall be provided. Contractors and
manufacturers of equipment shall be held responsible for compliance with the requirements
included herein. The Contractor shall notify all equipment suppliers and subcontractors of the
provisions of this paragraph.
Before proceeding with any construction work, the Contractor shall take the necessary action to
comply with all provisions for safety and accident prevention. The Contractor shall develop and
maintain for the duration of this Contract, a safety program that will effectively incorporate and
implement all required safety provisions. The Contractor shall appoint an employee as safety
supervisor who is qualified and authorized to supervise and enforce compliance with the safety
program. The Contractor, as a part of his safety program, shall maintain at his office or other
well-known place at the Site, safety equipment applicable to the Work as prescribed by the
aforementioned authorities, all items necessary for giving first aid to the injured, and shall
establish the procedure for the immediate removal to a hospital or a doctor's care of persons who
may be injured on the job site.
In accordance with the provisions of Section 6705 of the Labor Code, the Contractor shall submit,
in advance of excavation 5 feet or more in depth, detailed plans showing the design of shoring,
bracing, sloping, or other provisions to be made for worker protection from hazard of caving
ground during such excavation. If such Plans vary from the shoring system standards set forth in
the Construction Safety Orders in Title 8, California Code of Regulations, Article 6, the Plans
shall be prepared and signed by a registered civil or structural engineer. Shoring, bracing,
sloping, or other protective system shall not be less effective than required by the California
Construction Safety orders.
If death or serious injuries or serious damages are caused, the accident shall be reported
immediately by telephone or messenger to the City. In addition, the Contractor must promptly
report in writing to the City Engineer all accidents whatsoever arising out of, or in connection
with, the performance of the Work whether on, or adjacent to, the Site, giving full details and
statements of witnesses. The Contractor shall make all reports as are, or may be, required by any
authority having jurisdiction, and permit all safety inspections of the work being performed under
this Contract.
If a claim is made by anyone against the Contractor or any subcontractor on account of any
accident, the Contractor shall promptly report the facts in writing to the City Engineer, giving full
details of the claim.
5.0 CONTROL OF WORK AND MATERIALS
5.1 Means and Methods
It is expressly stipulated that the drawings, specifications and other Contract Documents set forth
the requirements as to the nature of the completed Work and do not purport to control the method
General Conditions 1400-15
of performing work except in those instances where the nature of the completed Work is
dependent on the method of performance.
Except as provided elsewhere in the Contract Documents, neither the City, its consultants, or the
City Engineer will be responsible for or have control or charge of construction means, methods,
techniques, sequences or procedures, or for safety precautions and programs in connection with
the Work. Except as provided elsewhere in the Contract Documents, neither the City, its
consultants, or the City Engineer will be responsible for or have control or charge over the acts or
omissions of the Contractor, or any of their subcontractors, agents or employees, or any other
persons performing any of the Work. Any general control of the Work exercised by the City or
its authorized representatives shall not make the Contractor an agent of the City, and the liability
of the Contractor for all damages to persons and/or to public or private property arising from the
Contractor's execution of the Work shall not be lessened because of such general control.
Neither the inspection by the City, its consultants, or the City Engineer, nor any order,
measurement, approved modification, or payment of monies, nor acceptance of any part or whole
of the Work by the City, the City Engineer or the consultant, or their agents, shall operate as a
waiver of any provision of the Contract.
Acceptance by the City, it consultants, or the City Engineer of any drawings, methods of work, or
any information regarding materials and equipment the Contractor proposes to furnish in the
Work shall not be regarded as an assumption of risks or liability by the City, its consultants, or
the City Engineer, or any officer or employee thereof, and the Contractor shall have no claim
under the Contract on account of the failure or partial failure or inefficiency or insufficiency of
any plan or method of work or material and equipment so accepted. Such acceptance shall be
considered to mean merely that the City, its consultants, or the City Engineer has no objection to
the Contractor using, upon its own full responsibility, the plan or method of work proposed, or
furnishing the materials and equipment proposed.
5.2 City -Furnished Materials
Materials, if furnished by the City, will be made available as designated in the Specific Project
Requirements. The cost of loading, unloading, hauling and handling, and placing City -furnished
materials shall be considered as included in the price bid for the Contract item involving such
City -furnished material.
Contractor shall inspect and assure himself of the amount and soundness of such materials.
The Contractor will be held responsible for all materials furnished to it, and shall pay all
demurrage and storage charges. City -furnished materials lost or damaged from any cause
whatsoever shall be replaced by the Contractor. The Contractor will be liable to the City for the
cost of replacing City -furnished material and such costs may be deducted from any monies due or
to become due the Contractor.
5.3 Defective and Unauthorized Work
Materials and workmanship not conforming to the requirements of the Contract Documents shall
be considered defective and will be subject to rejection. Defective work or material, whether in
place or not, shall be removed immediately from the Site by the Contractor, at its expense, when
so directed by the City Engineer.
General Conditions . 1400-16
1
Any work done beyond the limits of work lines and grades shown on an approved plans or
Y bn' Y PP
established by the City Engineer, or any extra work done without written authority, will be
considered as unauthorized and will not be paid for.
Upon failure on the part of the Contractor to comply with any order of the City Engineer made
under the provisions of this section, the City Engineer shall have authority to cause defective
work to be remedied, or removed and replaced, and unauthorized work to be removed, and to
deduct the costs thereof from any monies due or to become due the Contractor. The time, cost
' and compliance requirements stipulated in Paragraph 1400-3.4, City's Right to Carry Out the
Work, shall apply for this paragraph also.
5.4 Unnoticed Defects
Any defective work or material that may be discovered by the City, its consultants, or the City
Engineer before the final acceptance of the Work, or before final payment has been made, or
during the warranty period, shall be removed and replaced by work and materials which shall
conform to the provisions of the Contract Documents. Failure on the part of the City, its
consultants, or the City Engineer to condemn or reject bad or inferior work or materials shall not
be construed to imply acceptance of such work or materials.
5.5 Right to Retain Imperfect Work
If any part or portion of the work performed or material furnished under this Contract shall prove
defective and not in accordance with the Drawings and Specifications, and if the imperfection in
the same shall not be of sufficient magnitude or importance as to make the work dangerous or
unsuitable, or if the removal of such work will create conditions which are dangerous or
undesirable, the City shall have the right and authority to retain such work but shall make such
deductions in the final payment therefor as may be just and reasonable.
6.0 PROGRESS OF THE WORK
6.1 Beginning of Work
The Contractor shall begin work within ten (10) days after receiving Notice to Proceed and shall
diligently prosecute the same to completion within the time limit.
Should the Contractor begin work in advance of receiving Notice to Proceed, any work
performed in advance of the said date of approval shall be considered as having been done by the
Contractor at its own risk and as a volunteer.
6.2 Time of Completion
Time shall be of the essence of the Contract. The Contractor shall prosecute the work so that the
various portions of the project shall be complete and ready for use within the time specified in
Paragraph 3000-1.4 TANTE ALLOWED FOR CONSTRUCTION. It is expressly understood
and agreed by and between the Contractor and the City that the Contract time for completion of
the work described herein is a reasonable time taking into consideration the average climatic and
economic conditions and other factors prevailing in the locality and the nature of the work.
Genera! Conditions 1400-17
6.3 Delays
6.3.1 Notice of Delays - When the Contractor foresees a delay in the prosecution of the
Work and, in any event, immediately upon the occurrence of a delay, the Contractor shall
notify the City Engineer in writing of the probability of the occurrence and the estimated
extent of the delay, and its cause. The Contractor shall take immediate steps to prevent,
if possible the occurrence or continuance of the delay. The Contractor agrees that no
claim shall be made for delays which are not called to the attention of the City Engineer
at the time of their occurrence.
6.3.2 Avoidable Delays - Avoidable delays in the prosecution of the Work shall
include delays which could have been avoided by the exercise of care, prudence,
foresight, and diligence on the part of the Contractor or its subcontractors, at any tier
level, or suppliers.
6.3.3 Unavoidable Delays - Unavoidable delays in the prosecution or completion of
the Work shall include delays which result from causes beyond the control of the
Contractor and which could not have been avoided by the exercise of care, prudence,
foresight, and diligence on the part of the Contractor or his subcontractors, at any tier
level, or suppliers. Delays in completion of the Work of other Contractors employed by
the City will be considered unavoidable delays insofar as they interfere with the
Contractor's completion of the current critical activity item of the Work.
6.3.3.1 Abnormal Delays - Delays caused by acts of god, fire, unusual storms, floods,
tidal waves, earthquakes, strikes, labor disputes, freight embargoes, and shortages of
materials shall be considered as unavoidable delays insofar as they prevent the Contractor
from proceeding with at least seventy-five (75) percent of the normal labor and
equipment force for at least five (5) hours per day toward completion of the current
critical activity item on the favorably reviewed progress schedule.
6.3.3.2 Material Shortages - Upon the submission of satisfactory proof to the City
Engineer by the Contractor, shortages of material will be acceptable as grounds for
granting a time extension. In order that such proof may be satisfactory and acceptable to
the City Engineer, it must be demonstrated by the Contractor that the Contractor has
made every effort to obtain such materials from all known sources within reasonable
reach of the proposed Work.
Only the physical shortage of material, caused by unusual circumstances, will be
considered under these provisions as a cause for extension of time, and no consideration
will be given to any claim that material could not be obtained at a reasonable, practical,
or economical cost or price, unless it is shown to the satisfaction of the City Engineer that
such material could have been obtained only at exorbitant prices entirely out of line with
current rates, taking into account the quantities involved and usual practices in obtaining
such quantities. A time extension for shortage of material will not be considered for
material ordered or delivered late or whose availability is affected by virtue of the
mishandling of procurement. The above provisions apply equally to equipment to be
installed in the work.
General Conditions 1400-18
6.4
Time Extensions
6.4.1 Avoidable Delay - The City may grant an extension of time for avoidable delays
if the City deems it is in its best interest. If the City grants an extension of time for
avoidable delays, the Contractor agrees to pay the City's actual costs, including charges
for engineering, inspection and administration incurred during the extension.
1 6.4.2 Unavoidable Delay - If the Contractor is delayed in the performance of its work
by an act of the City or if the Contractor is delayed in the performance of its work by an
unavoidable delay, then the Contract completion date may be extended by the City for
such time that, in the City's and City Engineer's opinion, the Contractor's completion date
will be unavoidably delayed, provided that the Contractor strictly fulfills the following:
' a. The Contractor shall provide notification, in accordance with Paragraph
1400-6.3.1, Notice of Delays and submit in writing a request for an extension of
time to the City Engineer stating at a minimum the probable cause of the delay
and the number of days being requested. The time extension request shall be
submitted in accordance with the requirements of Paragraph 2000-4.3, TIME
EWPACT ANALYSIS.
1 b. If requested by the City Engineer, the Contractor shall promptly provide
sufficient information to the City Engineer to assess the cause or effect of the
alleged delay, or to determine if other concurrent delays affected the work.
C. Weather Delays. The Contractor will be granted a non -compensable time
extension for weather caused delays.
Should the Contractor fail to fulfill any of the foregoing, which are considered conditions
precedent to the right to receive a time extension, the Contractor waives the right to receive a time
extension.
Should the Contractor fail to complete the work within the time specified in the contract, as
extended in accordance with this clause if appropriate, the Contractor shall pay to the City
liquidated damages in accordance with Section 1500, Paragraph 1500- 3.0, Liquidated
Damages.
During such extension of time, neither extra compensation for engineering, inspection and
administration nor damages for delay will be charged to the Contractor. It is understood and
agreed by the Contractor and City that time extensions due to unavoidable delays will be granted
only if such unavoidable delays involve controlling operations which would prevent completion
of the whole Work within the specified Contract time.
6.4.3 Indirect Overhead - The Contractor shall be reimbursed for indirect overhead
expenses for periods of time when the Work is stopped due to delays as defined in
Paragraph 1400-6.3.3, Unavoidable Delay. However, no reimbursement for indirect
overhead shall be made for delays as defined in Paragraphs 1400-6.3.3.1, Abnormal
Delays; 1400-6.4.2c, Weather Delays; or 1400-6.3.3.3, Material Shortages.
As a condition precedent to any reimbursement, the Contractor must fulfill all conditions
as provided in Paragraph 1400-6.4.2, Unavoidable Delay.
General Conditions 1400-19
The reimbursement of indirect overhead is limited to those delay conditions defined
above when the Contractor is prevented from proceeding with seventy-five (75) percent
of the normal labor and equipment force for at least five (5) hours per day toward
completion of the current critical activity item(s) on the current favorably reviewed
progress schedule.
6.4.3.1 Indirect Field Overhead - For those allowable delay periods as defined
in Paragraph 1400-6.4.3, Indirect Overhead, the Contractor shall be reimbursed
for its indirect field overhead based on:
a. Invoices for all field office equipment.
b. Actual salary for field office staff.
C. Fair rental values acceptable to the City Engineer as described in
Paragraph 1400-8.3, Force Account Payment for construction
equipment idled due to the delay.
6.4.3.2 Home Office Overhead - For those allowable delay periods as defined
in Paragraph 1400-6.4.3, Indirect Overhead, the Contractor shall be reimbursed
for its home office overhead based on the following formula:
Contract Bid Price divided by Contract Period Days x $0.03 = Daily
Home Office Overhead ($/Day)
Such reimbursement shall be mutually agreed between the City and Contractor to
encompass fu11 payment for any home office overhead expenses for such periods
of time for the Contractor and all subcontractors. The Contractor agrees to hold
the City harmless for any indirect overhead claims from its subcontractors.
6.5 Temporary Suspension of Work
6.5.1 If the Contractor fails to correct defective work as required by Paragraph 1400-
5.3, Defective and Unauthorized Work or fails to carry out the Work in accordance
with the Contract Documents or any other applicable rules and regulations, the City, by a
written order of the City Engineer or a representative specifically empowered to do so,
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 other person or entity. All delays in the Work occasioned by such
stoppage shall not relieve the Contractor of any duty to perform the Work or serve to
extend the time for its completion. Any and all necessary corrective work done in order
to comply with the Contract Documents shall be performed at no cost to the City.
6.5.2 In the event that a suspension of Work is ordered, as provided in this paragraph,
the Contractor, at its expense, shall perform all work necessary to provide a safe, smooth,
and unobstructed passageway through construction for use by public, pedestrian, and
vehicular traffic, during the period of such use by suspension. Should the Contractor fail
to perform the Work as specified, the City may perform such work and the cost thereof
may be deducted from monies due the Contractor under the Contract.
General Conditions 1400-20
�I 6.5.3 The City shall also have authority to suspend the Work wholly or in part, for such
period as the City may deem necessary, due to unsuitable weather, or to such other
conditions as are considered unfavorable for the suitable prosecution of the Work. Such
temporary suspension of the Work will be considered justification for time extensions to
the Contract in an amount equal to the period of such suspension. The Contractor as
directed by the City shall provide the provisions as stipulated in Paragraph 1400-6.5.2
above. Such additional work shall be compensated as provided for in Paragraph 1400-7.0,
CHANGES IN SCOPE OF WORK.
6.6 Termination of Contract
If at any time the Contractor is determined to be in material breach of the Contract, notice thereof
in writing will be served upon the Contractor and its sureties, and should the Contractor neglect
or refuse to provide means for a satisfactory compliance with the Contract, as directed by the City
Engineer, within the time specified in such notice, the City shall have the authority to terminate
the operation of the Contract.
Upon such termination, the Contractor shall discontinue the Work, or such parts of it as the City
may designate. Upon such termination, the Contractor's control shall terminate and thereupon the
City or its fully authorized representative may take possession of all or any part of the
Contractor's materials, tools, equipment, and appliances upon the premises and use the same for
the purposes of completing the Work and hire such force and buy or rent such additional
machinery, tools, appliances, and equipment, and buy such additional materials and supplies at
the Contractor's expense as may be necessary for the proper conduct of the Work and for the
completion thereof; or the City may employ other parties to carry the Contract to completion,
employ the necessary workers, substitute other machinery or materials and purchase the materials
contracted for, in such manner as the City may deem proper; or the City may annul and cancel the
Contract and relet the Work or any part thereof. Any excess of cost arising therefrom over and
above the Contract price will be charged against the Contractor and its sureties, who will be liable
therefore.
In the event of such termination, all monies due the Contractor or retained under the terms of this
Contract shall be held by the City in an escrow account; however, such holdings will not release
the Contractor or its sureties from liability for failure to fulfill the Contract. Any excess cost over
and above the Contract Amount incurred by the City arising from the termination of the
operations of the Contract and the completion of the Work by the City as above provided shall be
paid for by any available funds in the escrow account. The Contractor will be so credited with
any surplus remaining after all just claims for such completion have been paid.
7.0 CHANGES IN THE SCOPE OF WORK
' 7.1 Change Orders
7.1.1 Without invalidating the Contract and without notice to sureties or insurers, the
City, through the City Engineer, may at any time or from time to time, order additions,
deletions, or revisions in the Work; these will be authorized by Field Directive, Field
Order, or Change Order. A Change Order will not be issued for a Field Directive unless
the City Engineer concurs with an appeal by the Contractor that such Field Directive is a
change in the scope of the Contract. The Contractor shall comply promptly with the
requirements for all Change Orders, Field Orders, or Field Directives. The work
1 General Conditions 1400-21
involved in Change Orders shall be executed under the applicable conditions and
requirements of the Contract Documents. If any Field Order causes an increase or
decrease in the Contract Amount or an extension or shortening of the Contract Time, an
equitable adjustment will be made by issuing a Change Order. If the Contractor accepts a
Change Order that does not include a time extension, the Contractor waives any claim for
additional time for the work covered by that Change Order. Additional or extra work
performed by the Contractor without written authorization of a Field Order or Change
Order will not entitle the Contractor to an increase in the Contract Amount or an
extension of the Contract Time.
7.1.2 Extra work shall be that work not shown or detailed on the Contract Drawings
and not specified. Such work shall be governed by all applicable provisions of the
Contract Documents. In giving instructions, the City Engineer shall have authority to
make minor changes in the work, not involving extra cost, and not inconsistent with the
purposes of the work; but otherwise, except in an emergency endangering life or
property, no extra work or change shall be made unless in pursuance of a written order by
the City through the City Engineer, and no claim for an addition to the total amount of the
Contract shall be valid unless so ordered.
7.1.3 In case any change increases or decreases the work shown, the Contractor shall
be paid for the work actually done at a mutually agreed upon adjustment to the Contract
price, based upon the provisions of Paragraph 1400-8.0 PROJECT MODIFICATION
PROCEDURES
7.1.4 If the Contractor refuses to accept a Change Order, the City may issue it
unilaterally. The Contractor shall comply with the requirements of the Change Order.
The City shall provide for an equitable adjustment to the Contract, and compensate the
Contractor accordingly. If the. Contractor does not agree that the adjustment is equitable,
it may submit a claim in accordance with Paragraph 1400-7.3.2, Claims.7.2Differing
Site Conditions
Pursuant to Public Contract Code Section 7104, the Contractor shall promptly, and before
such conditions are disturbed, notify the City Engineer in writing, of any:
a. Material that the Contractor believes may be material that is hazardous
waste, as defined in Section 25117 of the Health and Safety Code that is required
to be removed to a Class I, Class II, or Class III disposal site in accordance with
provisions of existing law.
b. Subsurface or latent physical conditions at the site differing from those
indicated.
C. Unknown physical conditions at the site of any unusual nature, differing
materially from those ordinarily encountered and generally recognized as
inherent in work of the character provided for in the Contract. _
The City shall promptly, investigate the conditions, and if it finds that the conditions do
materially 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 the
General Conditions 1400-22
LCity
shall cause to be issued a change order under the procedures provided in Paragraph
1400-7.1, Change Orders.
In the event that a dispute arises between the City 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 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,
Paragraph 1400-7.3, Resolution of Disputes.
No claim of the Contractor under this clause shall be allowed unless the Contractor has
given the notice required.
'
7.2 Differing Site Conditions
Pursuant to Public Contract Code Section 7104, the Contractor shall promptly, and before such
conditions are disturbed, notify the City Engineer in writing, of any:
a. Material that the Contractor believes may be material that is hazardous waste, as
defined in Section 25117 of the Health and Safety Code, that is required to be removed to
a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
'
b. Subsurface or latent physical conditions at the site differing from those indicated.
C. Unknown physical conditions at the site of any unusual nature, differing
materially from those ordinarily encountered and generally recognized as inherent in
work of the character provided for in the Contract.
The City shall promptly, investigate the conditions, and if it finds that the conditions do
materially differ, or do involve hazardous waste, and cause a decrease or increase i the
Contractor's cost of, or the time required for, performance of any part of the work, the City shall
cause to be issued a change order under the procedures provided in Paragraph 7.1. Change
'
Orders.
In the event that a dispute arises between the City 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 time required for, performance of any part of the work, the Contractor shall not be ex
used from any scheduled completion date provided 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, Paragraph 7.3 Resolution of Disputes.
1 No claim of the Contractor under this clause shall be allowed unless the Contractor has given the
notice required.
7.3 Resolution of Disputes
7.3.1 Contract Interpretation by the City Engineer - Questions regarding the
meaning and intent of the Contract Documents shall be referred in writing by the
I
Genera! Conditions 1400-23
Contractor to the City Engineer. The City Engineer shall respond to the Contractor in
writing with a decision.
7.3.2 Claims - Submission of a claim, properly certified, with all required supporting
documentation, and written rejection or denial of all or part of the claim by the City, is a
condition precedent to any action, proceeding, litigation, suit or demand for arbitration by
the Contractor.
7.3.2.1 Notice - If the Contractor disagrees with the City Engineer's decision in
Paragraph 1400-7.3.1, Contract Interpretation by the City Engineer, or in any
case where the Contractor deems additional compensation or a time extension to
the Contract period is due him for work or materials not covered in the Contract
or which the City Engineer has not recognized as extra work, the Contractor shall
notify the City Engineer, in writing, of his intention to make claim. Claims
pertaining to decisions provided in Paragraph 1400-7.3.1 shall be filed in writing
to the City Engineer within five (5) days of receipt of such decision. All other
claims notices for extra work shall be filed in writing to the City Engineer prior
to the commencement of such work. Written notice shall use the words "Notice
of Potential Claim". Such Notice of Potential Claim shall state the circumstances
and the reasons for the claim, but need not state the amount. Additionally, no
claim for additional compensation or extension of time for a delay will be
considered unless the provisions of Paragraphs 1400-6.3, Delays, and 6.4, Time
Extensions, are complied with. No claim filed after the date of final payment
will be considered.
It is agreed that unless notice is properly given, the Contractor shall not recover
costs incurred by him as a result of the alleged extra work, changed work or other
situation which had proper notice been given would have given rise to a right for
additional compensation. The Contractor should understand that timely notice of
potential claim is of great importance to the City, and is not merely a formality.
Such notice allows the City to consider preventative action, to monitor the
Contractor's increased costs resulting from the situation, to marshall facts, and to
plan its affairs. Such notice by the Contractor, and the fact that the City Engineer
has kept account of the cost as aforesaid, shall not in any way be construed as
proving the validity of the claim.
7.3.2.2 Submission of claim costs - Within 30 days after the last cost of work
for which the Contractor contends additional compensation is due, but if costs are
incurred over a span of more than 30 days, then within 15 days after the thirtieth
day and every month thereafter, the Contractor shall submit to the City Engineer
the costs incurred for the claimed matter. Claims shall be made in itemized detail
satisfactory to the City Engineer in content, detail and format of presentation. If
the additional costs are in any respect not knowable with certainty, they shall be
estimated. If the claim is found to be just, it shall be allowed and paid for as
provided in Section 1400-8.0, PROJECT MODIFICATION PROCEDURES.
7.3.2.3 Affidavit required - All claims submitted to the City shall be
accompanied with a type written affidavit containing the following language; it
must be signed, dated, and notarized on the Contractor's letterhead:
General Conditions 1400-24
I, (must be an offlcer) , being the title of (contractor's name) ,
declare under penalty of perjury under the laws of the state of California,
and do personally certify and attest that: I have thoroughly reviewed the
attached claim for additional compensation and/or extension of time, and
know its contents, and said claim is made in good faith; the supporting data
is truthful and accurate; the amount requested accurately reflects the contract
adjustment for which the contractor believes the City of La Quinta is liable;
and further, that I am familiar with California Penal Code Section 72 and
California Government Code Section 12560, Et Seq, pertaining to false
claims, and further know and understand that submission or certification of
a false claim may lead to fines, imprisonment and/or other severe legal
consequences.
7.3.2.4 Claim meetings - From time to time the City Engineer may call special
meetings to discuss outstanding claims. The Contractor shall cooperate and
attend, prepared to discuss outstanding claims, making available the personnel
necessary for claim resolution, and providing documents reasonably requested by
the City Engineer.
7.3.3 Resolution of Claims - For all contracts awarded during the effective dates of
Public Contract Code Section 20104, where claims cannot be resolved between the
parties, claims for three hundred and seventy five thousand dollars ($375,000) or less
shall be resolved pursuant to the provisions of that code section, which is summarized in
Paragraphs 1400-7.3.3.1 to 1400-7.3.3.5. For claims greater than three hundred and
seventy five thousand dollars ($375,000) Paragraphs 1400-7.3.3.2 to 1400-7.3.3.4 are
applicable; however, Paragraph 1400-7.3.3.5, Civil Actions for claims less than
$375,000, is not applicable.
7.3.3.1 Claims Less Than $50,000
' a. For claims of less than fifty thousand dollars ($50,000), the City
Engineer shall respond in writing to written claims within 45 days of
receipt of the claim in Paragraph 1400-7.3.2, Claims, or may request, in
writing, within 30 days of receipt of the claim, any additional
documentation supporting the claim or relating to defenses or claims the
City may have against the Contractor.
' b. If additional information is thereafter required, it shall be
requested and provided pursuant to this section, upon mutual agreement
of the City and the Contractor.
I Ll
C. The City Engineer's written response to the claim, as further
documented, shall be submitted to the Contractor within 15 days after
receipt of the further documentation or within a period of time no greater
than that taken by the Contractor in producing the additional information,
whichever is greater.
7.3.3.2 Claims Greater Than $50,000
a. For claims of over fifty thousand dollars ($50,000), the City
Engineer shall respond in writing to all written claims within 60 days of
I
General Conditions 1400-25
receipt of the claim in Paragraph 1400-7.3.2, Claims, or may request, in
writing, within 30 days of receipt of the claim, any additional
documentation supporting the claim or relating to defenses or claims the
City may have against the Contractor.
b. If additional information is thereafter required, it shall be
requested and provided pursuant to this paragraph, upon mutual
agreement of the City and the Contractor.
C. The City Engineer's written response to the claim, as further
documented, shall be submitted to the Contractor within 30 days after
receipt of the further documentation, or within a period of time no
greater than that taken by the Contractor in producing the additional
information or requested documentation, whichever is greater.
7.3.3.3 Claim Conference - If the Contractor disputes the City Engineer's
written response, or if the City Engineer fails to respond within the time
prescribed, the Contractor may so notify the City, in writing, either within 15
days of receipt of the City Engineer's response or within 15 days of the City
Engineer's failure to respond within the time prescribed, respectively, and
demand an informal conference to meet and confer for settlement of the issues in
dispute. Upon a demand, the City shall schedule a meet and conference within
30 days for settlement of the dispute.
7.3.3.4 Claim Filing - If the claim or any portion remains in dispute after the
claim conference noted in Paragraph 1400-7.3.3.3, Claim Conference, the
Contractor may file a claim pursuant to Chapter 1 (commencing with Section
900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of
Title 1 of the Government Code. For purposes of those provisions, the running
of the period of time within which a claim must be filed shall be tolled from the
time the Contractor submits his or her written claim pursuant to Paragraph 1400-
7.3.2, Claims, until the time the claim is denied, including any period of time
utilized in the meet and confer process.
7.3.3.5 Civil Actions For Claims Less Than $375,000 - The following
procedures are established for all civil actions filed to resolve claims for less than
three hundred seventy five thousand dollars ($375,000):
a. Within 60 days, but no earlier than 30 days, following the filing
or responsive pleading, the court shall submit the matter to non-binding
mediation unless waived by mutual stipulation of both parties. The
mediation process shall provide for the selection within 15 days by both
parties of a disinterested third person as mediator, shall be commenced
within 30 days of the submittal, and shall be concluded within 15 days
from the commencement of the mediation unless a time requirement is
extended upon a good cause showing to the court.
b. If the matter remains in dispute, the case shall be submitted to
judicial arbitration pursuant to Chapter 2.5 (commencing with Section
1141.10) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141.11 of that Code. The Civil Discovery Act
General Conditions 1400-26
of 1986 Article 3(commencing with Section 2016) of Chapter
3 of Title
' 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding
brought under this subdivision consistent with the rules pertaining to
judicial arbitration.
C. In addition to Chapter 2.5 (commencing with Section 1141.10)
of Title 3 of Part 3of the Code of Civil Procedure, (A) arbitrators shall,
when possible, be experienced in construction law, and (B) any party
appealing an arbitration award who does not obtain a more favorable
judgement shall, in addition to payment of costs and fees under the
chapter, also pay the attorney's fees on appeal of the other party.
7.3.3.6 Unresolved Issues - Unless this Contract provides otherwise, all claims,
counterclaims, disputes, and other matters in question between the City and the
' Contractor that are not resolved between the City and the Contractor and are not
governed by Public Contract Code 20104 shall be decided by a court of
competent jurisdiction. Arbitration shall not be used for resolution of these
disputes.
Should either party to this Agreement bring legal action against the other, the
case shall be handled in the California county where the work is being
performed.
7.3.4 Records of Disputed Work - In proceeding with a disputed portion of the Work,
the Contractor shall keep accurate records of its costs and shall make available, to the
City Engineer, a daily summary of the hours and classification of equipment and labor
utilized on the disputed work, as well as a summary of any materials or any specialized
services which are used. Such information shall be submitted to the City Engineer on a
f monthly basis, receipt of which shall not be construed as an authorization for or
acceptance of the disputed work.
8.0 PROJECT MODIFICATION PROCEDURES
8.1 Changes in Contract Price
Whenever corrections, alterations, or modifications of the work under this Contract are ordered
by the City Engineer and approved by the City and increase the amount of work to be done, such
added work shall be known as extra work; and when such corrections, alterations, or
modifications decrease the amount of work to be done, such subtracted work shall be known as
work omitted.
The difference in cost of the work affected by such change will be added to or deducted from the
amount of said Contract price, as the case may be, by a fair and reasonable valuation, which shall
be determined in one or more of the following ways as directed by the City Engineer:
a. By unit prices subsequently fixed by agreement between the parties;
b. By an acceptable lump sum proposal from the Contractor; or
C. By Force Account (as described in Paragraph 1400-8.3, Force Account
Pa ment , when directed in writing and administered by the City through its agents.
Genera! Conditions 1400-27
When required by the City Engineer, the Contractor shall submit, in the form prescribed by the
City Engineer, an itemized breakdown with supporting data of the quantities and prices used in
computing the value of any change that may be ordered.
The City Engineer will review the Contractor's proposal for the change and negotiate an equitable
adjustment with the Contractor. After there is an agreement the City Engineer will prepare and
process the Change Order and make a recommendation for action by the City. All Change Orders
must be approved by the City in writing before the work can be authorized and the Change Order
executed.
The prices agreed upon and any agreed upon adjustment in Contract Time shall be incorporated
in the written order issued by the City, which shall be written so as to indicate an acceptance on
the part of the Contractor as evidenced by its signature. By signature of the Change Order, the
Contractor acknowledges that the adjustments to cost and time contained in the Change Order are
in full satisfaction and accord, payment in full, and so waives any right to claim further cost and
time impacts at any time during and after completion of the Contract for the changes
encompassed by the Change Order.
8.2 Negotiated Change Orders
Under the methods described in Paragraph 1400-8.1b and 8.1c above, the Contractor shall submit
substantiating documentation with an itemized breakdown of Contractor and subcontractor direct
costs, including labor, material, equipment rentals, and approved services, pertaining to such
ordered work in the form and detail acceptable to the City Engineer. The direct costs shall
include only the payroll cost for workers and foremen, including wages, fringe benefits as
established by negotiated labor agreements or state prevailing wages, workers' compensation and
labor insurance, and labor taxes as established by law. No other fixed labor burdens will be
considered, unless approved in writing by the City Engineer; the cost of materials used and
equipment delivered and installed in such work as substantiated by appropriate documents; the
cost of construction machinery and equipment based on fair rental or ownership values acceptable
to the City Engineer as described in Paragraph 1400-8.3, Force Account Payment; and the cost
of incidentals directly related to such work. The direct costs shall not include any labor or office
costs pertaining to the Contractor's managers or superintendents, his office and engineering staff
and office facilities, or anyone not directly employed on such work, nor the cost of rental of small
tools as all such indirect costs form a part of the Contractor's overhead expense.
Under the method described in Paragraph 1400-8.1b and 8.1c the maximum percentage
which will be allowed for the Contractor's combined overhead and profit will be:
a. For work by its own organization, the Contractor may add the following
percentages:
Direct Labor 25 percent
Materials 15 percent
Equipment (owned or rented) 15 percent
b. For all such work done by subcontractors, such subcontractor may add the same
percentages as the Contractor as listed in (1) above to its actual net increase in costs for
combined overhead and profit and the Contractor may add up to ten (10) percent of the
subcontractor's total for its combined overhead and profit.
General Conditions 1400-28
C. For all such work done by subtier-subcontractors, such sub -subcontractors may
' add the same percentages as the Contractor as listed in (1) above to its actual net increase
in costs for combined overhead and profit and the subcontractor may add up to ten (10)
percent of the sub -subcontractor's total for his combined overhead and profit. The
' Contractor may add up to five (5) percent of the subcontractor's total for its combined
overhead and profit.
' d. To the total of the actual costs and fees allowed herein under, not more than two
(2) percent shall be added for additional bond and insurance other than labor insurance.
I
General Conditions 1400-29
The above fees represent the maximum limits which will be allowed, and they include the
'
Contractor's and all subcontractors' indirect home office expenses and all costs for cost proposal
preparation.
'
When both additions and credits are involved in any one change, the combined overhead and
profit shall be figured on the basis of the net increase, if any, for each area of work, i.e. direct
labor, materials, equipment, and subcontractors. The amount of credit to be allowed by the
Contractor to the City for any such change which results in a net decrease in cost will be the
amount of the actual net decrease and a credit in accordance with the markups allowed under the
use of the method described in Paragraph 1400-8.3, Force Account Payment. The Contractor
'
shall not claim for anticipated profits on work that may be omitted.
8.3 Force Account Payment
'
If either the amount of work or payment for a Change Order cannot be determined or agreed upon
beforehand, the City may direct by written Change Order or Field Order that the work be done on
a force account basis. The term "force account" shall be understood to mean that payment for the
'
work will be done on a time and expense basis, that is, on an accounting of the Contractor's
forces, materials, equipment, and other items of cost as required and used to do the work. For the
'
work performed, payment will be made for the documented actual cost of the following:
a. Direct labor cost for workers, including foremen, who are directly assigned to the
force account work: Direct labor cost is the actual payroll cost, including wages, fringe
'
benefits as established by negotiated labor agreements or state prevailing wages, workers'
compensation and labor insurance, and labor taxes as established by law. No other fixed
labor burdens will be considered, unless approved in writing by the City.
'
b. Material delivered and used on the designated work, including sales tax, if paid
for by the Contractor or its subcontractor.
'C.
Equipment rental, including necessary transportation for items having a value in
excess of One Thousand Dollars ($1,000.00).
d. Additional bond.
'
e. Additional insurance, other than labor insurance.
To the preceding costs, there shall be added the following fees for the Contractor,
subcontractor, or sub -subcontractor actually performing the work:
I
General Conditions 1400-29
A fixed fee not to exceed fifteen (15) percent of the costs of Items a, b, and c
above.
To the total of the actual costs and fees allowed hereunder, not more than two (2)
percent shall be added for additional bond and insurance as the cost of Items d and e
above.
For work performed by an approved subcontractor, the Contractor may add to the total of the
actual costs and fixed fees allowed under the preceding paragraph an additional fixed fee of five
(5) percent of said total. No further compensation will be allowed for the Contractor's
administration of the work performed by the subcontractor.
For work performed by a subtier-subcontractor, the subcontractor may add to the total of the
actual costs and fixed fees allowed under the preceding paragraph an additional fixed fee of five
(5) percent of said total. No further compensation will be allowed for the subcontractor's
administration of the work performed by the subtier-subcontractor. The Contractor may add to
the total of the actual costs and fixed fees allowed under this paragraph an additional fixed fee of
five (5) percent of said total. No further compensation will be allowed for the Contractor's
administration of the work performed by the subcontractor.
The added fixed fees shall be considered to be full compensation, covering the cost of general
supervision, overhead, profit, and any other general expense. The above fixed fees represent the
maximum limits which will be allowed, and they include the Contractor's and all subcontractors'
indirect home office expenses and all costs for cost proposal preparation and record keeping.
The City reserves the right to furnish such materials and equipment as it deems expedient and the
Contractor shall have no claim for profit or added fees on the cost of such materials and
equipment.
For equipment under Item c above, rental or equivalent rental cost will be allowed for only those
days or hours during which the equipment is in actual use. Payment shall be based on actual
rental and transportation invoices but shall not exceed the monthly rate in the Rental Rate Blue
Book. Owner -operated equipment rates shall not exceed the monthly rate in the Rental Rate Blue
Book plus the labor costs as provided in Item a. above. The rental cost allowed for equipment
will, in all cases, be understood to cover all fuel, supplies, repairs, ownership, and incidental costs
and no further allowances will be made for those items, unless specific agreement to that effect is
made. For Contractor owned equipment, the rental rate shall be as listed for such equipment in
the California Department of Transportation publication entitled "Labor Surcharge and
Equipment Rental Rates", which is in effect on the date the work is accomplished. When
equipment is not listed in said publication, a suitable rental rate for such equipment will be
established by the City Engineer.
Prior to the commencement of force account work, the Contractor shall notify the City Engineer
of its intent to begin work. Labor, equipment and materials furnished on force account work shall
be recorded daily by the Contractor upon report sheets furnished by the City Engineer to the
Contractor. The reports, if found to be correct, shall be signed by both the Contractor and City
Engineer, or inspector, and a copy of which shall be furnished to the City Engineer no later than
the working day following the performance of said work. The daily report sheet shall thereafter
be considered the true record of force account work provided.
General Conditions 1400-30
L
1 The Contractor shall maintain its records in such a manner as toP rovide a clear distinction
between the direct costs of work paid for on a force account basis and the costs of other
' operations.
To receive partial payments and final payment for force account work, the Contractor shall
submit, in a manner approved by the City Engineer, detailed and complete documented
verification of the Contractor's and any of its subcontractor's actual costs involved in the force
account pursuant to the pertinent Change Order or Field Order. Such costs shall be submitted
within thirty (30) days after said work has been performed. No payments will be made for work
billed and submitted to the City Engineer after the thirty (30) day period has expired.
The force account invoice shall itemize the materials used and shall cover the direct costs of labor
and the charges for equipment rental, whether furnished by the Contractor, subcontractor, or other
forces. The invoice shall be in a form acceptable to the City Engineer and shall provide names or
' identifications and classifications of workers, the hourly rate of pay and hours worked, and also
the size, type, and identification number of equipment and hours operated. Material charges shall
be substantiated by valid copies of vendor's invoices.
When both additions and credits are involved in any one change, the combined overhead and
profit shall be figured on the basis of the net increase, if any. The amount of credit to be allowed
by the Contractor to the City for any such change which results in a net decrease in cost will be
' the amount of the actual net decrease and a credit in accordance with the markups allowed under
the use of the method described in this Paragraph. The Contractor shall not claim for anticipated
profits on work that may be omitted.
8.4 Time Extensions for Change Orders
' If the Contractor requests a time extension for the extra work necessitated by a proposed Change
Order, the request must comply with the applicable requirements of Paragraph 2000-4.3, Time
Impact Analysis.
9.0 PAYMENT
9.1 Scope of Payment
9.1.1 General - The Contractor shall accept the compensation, as herein provided, as
full payment for furnishing all labor, materials, tools, equipment, and incidentals
necessary for completing the Work according to the Contract Documents, and no
additional compensation will be allowed therefor. Neither the payment of any partial
payment estimate nor of any retained percentage shall relieve the Contractor of any
obligation to make good any defective work or material.
9.1.2 Payment for Patents and Patent Infringement - All fees or claims for any
patented invention, article, or arrangement that may be used upon, or in, any manner
connected with the performance of the work or any part thereof shall be included in the
price bid for doing the work, and the Contractor and its sureties shall defend, protect, and
hold the City, its consultants, the City Engineer, together with all their officers, agents,
and employees harmless against liability of any nature or kind for any and all costs, legal
expenses, and damages made for such fees or claims and against any and all suits and
claims brought or made by the holder of any invention or patent, or on account of any
patented or unpatented invention, process, article, or appliance manufactured for or used
Genera! Conditions 1400-31
in the performance of the Contract, including its use by the City, unless otherwise
specifically stipulated in the Contract. Before final payment is made on the Contract, the
Contractor shall furnish an affidavit to the City regarding patent rights for the project.
The affidavit shall state that all fees and payments due as a result of the work
incorporated into the project or methods utilized during construction have been paid in
full. The Contractor shall certify in the affidavit that no other fees or claims exist for
work in this project.
9.1.3 Payment of Taxes - The Contractor shall pay and shall assume exclusive
liability for all taxes levied or assessed on or in connection with the Contractor's
performance of this Contract, including, but not limited to, State and local sales and use
taxes, Federal and State payroll taxes or assessments, and excise taxes, and no separate
allowance will be made therefor, and all costs in connection therewith shall be included
in the total amount of the Contract price.
9.1.4 Payment for Labor and Materials - The Contractor shall pay and require its
subcontractors to pay any and all accounts for labor including worker's compensation
premiums, state unemployment and federal social security payments and other wage and
salary deductions required by law. The Contractor also shall pay and cause its
subcontractors to pay any and all accounts for services, equipment, and materials used by
the Contractor and its subcontractors during the performance of work under this Contract.
Such accounts shall be paid as they become due and payable. If requested by the City,
the Contractor shall furnish proof of payment of such accounts to the City.
9.2 Partial Payments
In consideration of the faithful performance of the work prosecuted in accordance with the
provisions of these Specifications and the Contract, the City will pay the Contractor for all such
work installed on the basis of percentage completion.
Payments will be made by the City to the Contractor on estimates duly certified and approved by
the City Engineer, based on the value of equipment installed and tested, labor and materials
incorporated into said permanent work by the Contractor during the preceding month. Payments
will not be made for temporary construction unless specifically provided for in the Contract
Documents.
Partial payments will be made monthly based on work accomplished as of a day mutually agreed
to by the City and the Contractor.
The Contractor shall submit his estimate of the work completed during the prior month and the
work completed to date in a format corresponding to the accepted cost breakdown. The City
Engineer shall review the submitted estimate, and upon approval, the Contractor may submit a
detailed invoice for those amounts approved by the City Engineer.
If requested, the Contractor shall provide such additional data as may be reasonably required to
support the partial payment request. If the City Engineer does not agree with the Contractor's
estimate of amount earned, the partial payment request will be returned for revision. The City
Engineer will be available to meet to discuss the partial payment request prior to its re -submittal.
When the Contractor's estimate of amount earned conforms with the City Engineer's evaluation,
the City Engineer will calculate the amount due the Contractor, prepare the progress payment
request for signature by the Contractor, and submit the recommended progress payment request
General Conditions 1400-32
for the City's approval and processing. Payment will be made by the City to the Contractor in
accordance with City's normal accounts payable procedures; the City shall retain amounts in
' accordance with Paragraph 1400-9.4, Right to Withhold Amounts.
No such estimate or payment shall be required to be made, when in the judgment of the City
' Engineer, the Work is not proceeding in accordance with the provisions of the Contract, or when
in the City Engineer's judgment the total value of the Work done since the last estimate amounts
to less than One Thousand Dollars ($1,000.00).
' 9.3 Partial Payments - Inclusion of Materials on Hand
' No payment will be made for materials delivered to the site that are not yet incorporated into the
work.
' 9.4 Right to Withhold Amounts
9.4.1 Retention - The City will deduct from each partial payment and retain as part
security, ten (10) percent of the amount earned until the final payment.
Pursuant to Public Contract Code Section 22300, for monies earned by the Contractor
and withheld by the City to ensure the performance of the Contract, the Contractor, may,
at his or her option, choose to substitute securities meeting the requirements of said
Section 22300. In the event the Contractor desires to choose this option, the Contractor
shall enter into an escrow agreement with the City, and the escrow agent, a qualified bank
to be chosen by City, in the form of the agreement included in the project specifications.
The costs of such escrow shall be paid by the Contractor. The securities to be deposited
in said escrow account shall be equivalent, in fair market value, to the amount to be
withheld as performance retention. The securities shall be held in accordance with the
provisions of Public Contract Code Section 22300, and the implementing agreement.
' Contractor shall have the obligation of ensuring that such securities deposited are
sufficient so as to maintain, in total fair market value, an amount equal to the cash
amount of the sums to be withheld under the Contract. If, upon written notice from the
City, or from the appropriate escrow agent, indicating that the fair market value of the
securities has dropped below the dollar amount of monies to be withheld by the City to
ensure performance, Contractor shall, within five days of the date of such notice, post
additional securities as necessary to ensure that the total fair market value of all such
securities held by the City, or in escrow, is equivalent to the amount of money to be
withheld by the City under the Contract.
Any Contractor that desires to exercise this option shall give notice in writing to City, and
shall thereafter execute the escrow agreement form provided in Appendix A of these
Specifications.
' 9.4.2 Other Withholds - In addition to the amount which the City may otherwise
retain under the Contract, the City may withhold a sufficient amount or amounts of any
payment or payments otherwise due the Contractor, as in its judgment may be necessary
to cover:
1
I
General Conditions 1400-33
a. Payments which may be past due and payable for just claims against the
Contractor or any subcontractor for labor or materials furnished for the
performance of this Contract.
b. For defective work not remedied.
C. For failure of the Contractor to make proper payments to its
subcontractors or suppliers.
d. A reasonable doubt that the Contract can be completed for the balance
then unpaid.
e. Damage to another Contractor or third party, or to property.
f. Failure of the Contractor to keep its work progressing in accordance with
its progress schedule or maintaining current "As -Built" record drawings.
g. The City's costs for the Contractor's failure to complete within the
allowed time.
h. Cost of insurance arranged by the City due to cancellation or reduction of
the Contractor's insurance.
i. Failure of the Contractor to make proper submissions, as herein
specified.
j. Failure to submit, revise, resubmit, or otherwise conform to the
requirements herein for preparing and maintaining a construction schedule.
k. Payments due the City from the Contractor.
1. Reduction of Contract Amount because of modifications.
In. The Contractor's neglect or unsatisfactory prosecution of the work
including failure to clean up.
n. Provisions of law that enable or require the City to withhold such
payments in whole or in part.
When the above reasons for withhold amounts are removed, payment may be made to the
Contractor for amounts withheld.
The City in its discretion may apply any withheld amount or amounts to the payment of
valid claims. In so doing, the City shall be deemed the agent of the Contractor, and any
payment so made by the City shall be considered as a payment made under the Contract
by the City to the Contractor, and the City shall not be liable to the Contractor for such
payment made in good faith. Such payments may be made without prior judicial
determination of the claim or claims. The City will render to the Contractor a proper
accounting of such funds disbursed in behalf of the Contractor.
Genera! Conditions 1400-34
9.5 Substantial Completion
' When the Contractor considers that the Work is substantially complete, the Contractor shall
notify the City Engineer in writing. Upon receipt of the notification, the City and/or its
authorized representatives will make inspection, to determine if the Work is sufficiently complete
in accordance with the Contract Documents so the City can occupy or utilize the Work for its
intended use. If items are found which prevent such use or occupancy, the City Engineer shall
' notify the Contractor in writing of such items.
Upon the completion of such corrective work, the Contractor shall so notify the City Engineer in
' writing. The City Engineer shall inspect the Work to determine its acceptability for Substantial
Completion and for determination of other items which do not meet the terms of the Contract.
Upon verification that the project is substantially complete the City Engineer shall prepare a
' Certificate of Substantial Completion. The Certificate shall establish the date of Substantial
Completion and the responsibilities of the City and Contractor for security, maintenance, heat,
utilities, damage to the Work and insurance, and shall fix the time, not to exceed 60 days, within
which the Contractor shall finish all items on the punch list accompanying the Certificate. When
the preceding provisions have been approved by both the City and the Contractor, they shall sign
the Certificate to acknowledge their written acceptance of the responsibilities assigned to them in
such Certificate. By such acknowledgment, the Contractor agrees to pay the City's actual costs
' including, but not limited to, charges for engineering, inspection and administration incurred due
to the failure to complete the punch list within the time period provided in the Certificate of
Substantial Completion.
9.6 Final Inspection and Payment
Upon completion of the Work, and upon completion of final cleaning, the Contractor shall so
notify the City Engineer in writing. Upon receipt of the notification, the City and/or its
authorized representatives will make the final inspection, to determine the actual status of the
Work in accordance with the terms of the Contract. If materials, equipment, or workmanship are
found which do not meet the terms of the Contract, the City Engineer shall prepare a punch list of
such items and submit it to the Contractor. Following completion of the corrective work by the
Contractor, the City Engineer shall notify the City that the Work has been completed in
accordance with the Contract. Final determination of the acceptability of the Work shall be made
by the City. After completion of the work, but prior to its acceptance by the City, the last partial
payment will be made to the Contractor in accordance with Paragraph 1400-9.2, Partial
Payments.
After receipt of the last partial payment, but prior to acceptance of the Work by the City, the
Contractor shall send a letter to the City Engineer. The letter, pursuant to California Public
Contract Code Section 7100, shall state that acceptance of the final payment described below
shall operate as and shall be, a release to the City, its consultants, the City Engineer, and their
duly authorized agents, from all claim of and/or liability to the Contract arising by virtue of the
Contract related to those amounts. Disputed Contract claims in stated amounts previously filed as
provided in Paragraph 1400-7.3.2, Claims, may specifically excluded by the Contractor from
the operation of the release.
Following receipt of all required Submittals and the City Engineer's written statement that
construction is complete and recommendation that the City accept the project, the City will take
formal action on acceptance.
Genera! Conditions 1400-35
Within ten (10) days of the acceptance by the City of the completed work embraced in the
Contract, the City will cause to be recorded in the office of the County Recorder a Notice of
Completion.
After thirty-five (35) days after recording Notice of Completion of the work involved in the
Contract, the City will pay the Contractor in lawful money such sums of money as may be due
the Contractor including all sums retained but excluding such sums as have previously been paid
the Contractor. This payment will constitute the final payment to the Contractor under this
Contract.
9.7 Warranty of Title
No material, supplies, or equipment for the work under this Contract shall be purchased subject to
any chattel mortgage, security agreement, or under a conditional sale or other agreement by
which an interest therein or any part thereof is retained by the seller or supplier. The Contractor
warrants good title to all material, supplies, and equipment installed or incorporated in the work
and agrees upon completion of all work to deliver the premises, together with all improvements
and appurtenances constructed or placed thereon by the Contractor, free from any claim, liens,
security interest, or charges, and further agrees that neither the Contractor nor any person, firm, or
corporation furnishing any materials or labor for any work covered by this Contract shall have
any right to a lien upon the premises or any improvement or appurtenances thereon.
End of Section 1400
Genera[ Conditions 1400-36
SECTION 1500
SUPPLEMENTAL GENERAL CONDITIONS
1.0 City Engineer
The City Engineer for the City of La Quinta is:
Timothy R. Jonasson, P.E.
Public Works Director/City Engineer
78-495 Calle Tampico
P.O. Box 1504
La Quinta, CA 92247-1504
Phone: (760) 777-7051
Fax: (760) 777-7155
2.0 Consultants
2.1 Construction Surveyor
The Contractor shall be responsible for providing construction survey for this project.
2.2 Contractor Submittals
A. Prior to Performing Any Work
The following items shall be submitted to the Owner, 48 hours prior to performing any
work.
1. Materials List
2. Notarized Certificates
3. Notarized certificates for plastic
B. Prior to Start of Maintenance Period
1. Upon completion of the project, the Contractor shall submit one (1) complete
set of as -built drawings to the Owner for approval. Approved as -built drawings
shall be considered record drawings.
2. Upon approval of the as -built drawings by the Owner, the Contractor shall
submit one (1) complete set of record drawings to the Owner. Controller charts
shall be made from the approved record drawings.
3. One (1) mylar set shall be delivered to the Owner upon approval of the as -built
drawings.
Supplemental General Conditions 1500-1
C. Prior to Final Acceptance
The following items shall be submitted to the Owner no later than 30 days prior to Final
Inspection at the end of the maintenance period.
3.0 Liquidated Damages
3.1 Liquidated Damages - It is agreed by the parties to the Contract that time is of the
essence; and that in the case all work is not completed before or upon the expiration of the time
limit set forth within Section 1300 Agreement; Subsection 4, damage will be sustained by the
City and it is, therefore, agreed that the Contractor will pay to the City an amount of $200.00 per
day. The damages described above will be deducted from any money due the Contractor under
this Contract; the Contractor and his sureties shall be liable for any such excess cost.
The Contractor shall not be deemed in breach of its Contract and no forfeiture due to delay shall
be made because of any delays in the completion of the work due to unforeseeable causes beyond
the control and without the fault or negligence of the Contractor, provided the Contractor requests
an extension of time in accordance with the procedures set forth in Section 3 of the Standard
Specifications. Unforeseeable causes of delay beyond the control of the Contractor shall include
acts of God, acts of a public enemy, acts of the government, or acts of another contractor in the
performance of a contract with the City, fires, floods, epidemics, quarantine restrictions, strikes,
freight embargoes, weather, or delays caused by failure of the City or the owner of a utility to
provide for removal or relocation of existing utility facilities. Delays caused by actions or neglect
of the Contractor, its agents, employees, officers, subcontractors, or suppliers shall not be
excusable. Excusable delays (those beyond Contractor's control) shall not entitle the Contractor
to any additional compensation. The sole remedy of the Contractor shall be to seek an extension
of contract time.
Supplemental General Conditions 1500-2
DIVISION 2 - GENERAL PROJECT REQUIREMENTS
SECTION 2000
1.0 STANDARD SPECIFICATIONS
The "Standard Specifications" of the City of La Quinta are contained in the latest edition of the
' Standard Specifications for Public Works Construction, including all supplements, popularly
known as the Green Book, as written and promulgated by the Joint Cooperative Committee of
the Southern California Chapter of the American Public Works Association and the Southern
California District of the Associated General Contractors of California. Copies of the Standard
Specifications are available at the following addresses of the publisher:
Bookstore: Building News, Inc.
3055 Overland Avenue at Santa Monica Freeway
Los Angeles, CA
' Mail Order: Building News, Inc.
P.O. Box 3031 Terminal Annex
Los Angeles, CA 90051
' (213) 202-7775
The Standard Specifications shall prevail in all cases except where a Contract Document of a
higher order, as defined in Section 1400-1.2 Discrepancies and Omissions, provides a different
requirement on a given topic or topic aspect. All language in the Standard Specifications that is
not in conflict with the language in the prevailing Contract Documents on a given topic or topic
' aspect shall remain in full force and effect, unless the language in the prevailing Contract
Document specifically cites the section number in the Standard Specification and says said
provision is in lieu that Standard Specification section.
2.0 STANDARD PLANS
The Standard Plans of the City of La Quinta are contained in the latest edition of the La Quinta
Standard Plans.
3.0 PRE -CONSTRUCTION CONFERENCE
The City Engineer will schedule a pre -construction conference and organizational meeting at the
project site or other convenient location upon award and/or execution of the Contract and prior to
commencement of construction activities.
3.1 Attendees
The City and its consultants, and the Contractor and its superintendent, invited subcontractors,
and other concerned parties shall each be represented at the conference by persons familiar with
and authorized to conclude matters relating to the work.
General Project Requirements
2000-1
3.2 Agenda
The City Engineer will prepare an agenda for discussion of significant items relative to contract
requirements, procedures, coordination and construction.
4.0 PROGRESS SCHEDULES
4.1 General
Prior to commencing work, the Contractor shall provide a Construction Schedule and Cash Flow
Projection. During the course of construction, the Contractor shall provide a Weekly Activities
Plan.
4.2 Construction Schedule
4.2.1 The schedule shall be submitted within. five (5) days of Notice to Proceed and
accepted by the City Engineer before the first partial payment can be made.
4.2.2 The Contractor shall submit the schedule based on the Critical Path Method
(CPM). The schedule shall indicate preceding activity relationships and/or restraints
where applicable and a controlling path shall be indicated. The schedule shall be time
scaled and shall be drafted to show a continuous flow from left to right. The construction
schedule shall clearly show the sequence of construction operations and specifically list:
a. The start and completion dates of all work items.
b. The dates of submittals, procurement, delivery, installation and
completion of each major equipment and material requirement.
C. Progress milestone events or other significant stages of completion.
d. The lead time required for testing, inspection and other procedures
required prior to acceptance of the work.
e. All activities, other than procurement activities, shall be cost -loaded.
Activities shall be no longer than 10 workdays, except for submittals and delivery items.
If an activity takes longer, it shall be broken into appropriate segments of work for
measurement of progress. This limitation may be waived, upon approval of the City
Engineer, for repetitious activities of longer durations for which progress can be easily
monitored.
4.2.3 Any activity that cannot be completed by its original completion date shall be
considered to be "behind schedule."
4.2.4 At not less than monthly intervals and when requested by the City Engineer, the
Contractor shall submit a revised schedule for all work remaining. If, at any time, the
City Engineer considers the project completion date to be in jeopardy because of
Genera! Project Requirements 2000-2
activities "behind schedule," the Contractor shall submit additional schedules and
diagrams indicating how the Contractor intends to accomplish the remaining work to
meet the Contract completion date.
4.2.5 All change orders, regardless of origin, shall be reflected in the schedule.
4.3 Time Impact Analysis
4.3.1 When change orders are initiated, delays are experienced, or the Contractor
desires to revise the schedule logic, the Contractor shall submit to the City Engineer a
written Time Impact Analysis illustrating the influence of each change, delay, or
Contractor request on the current contract schedule completion date.
4.4 Lump Sum Price Breakdown
For work to be performed for a lump sum price, the Contractor shall submit a price breakdown to
the City Engineer prior to the first payment and within twenty (20) calendar days after award of
the Contract. The price breakdown, as agreed upon by the Contractor and the City Engineer,
shall be used for preparing future estimates for partial payments to the Contractor, and shall list
the major items of work with a price fairly apportioned to each item. Mobilization, overhead,
bond, insurance, other general costs and profit shall be prorated to each item so that the total of
the prices for all items equal the lump sum price. At the discretion of the City Engineer,
mobilization, bond and insurance costs may be provided for separately if accompanied by
invoices to verify actual expenses.
The price breakdown will be subject to the approval of the City Engineer, and upon request, the
Contractor shall substantiate the price for any or all items and provide additional level of detail,
including quantities of work. The price breakdown shall be sufficiently detailed to permit its use
by the City Engineer as one of the bases for evaluating requests for payments. The City Engineer
shall be the sole judge of the adequacy of the price breakdown.
5.0 SPECIAL CONTROLS
The Contractor shall take all reasonable means to minimize inconvenience and injury to the
public by dust, noise, diversion of storm water, or other operations under its control.
General Project Requirements 2000-3 -
5.1 Dust Control
The Contractor at its expense shall take whatever steps, procedures, or means as are required to
prevent abnormal dust conditions being caused by its operations in connection with the execution
of the Work; and on any unpaved road which the Contractor or any of its subcontractors are
using, excavation or fill areas, demolition operations, or other activities. Control shall be by
sprinkling, use of dust palliative, modification of operations, or any other means acceptable to
agencies having jurisdiction. Haul routes shall be kept visibly wet during excavation and hauling
operations.
Unless the construction dictates otherwise, and unless otherwise approved by the City Engineer,
the Contractor shall furnish and operate a self -loading motor sweeper with spray nozzle at least
once each working day to keep paved areas acceptably clean whenever construction, including
restoration, is incomplete.
Prior to occupation of the project site, the contractor shall submit and receive approval of a
fugitive dust control plan prepared in accordance with Chapter 6.16 of the La Quinta Municipal
Code. In accordance with said Ordinance, the Contractor shall provide the City security in an
amount sufficient to guarantee compliance with the provisions of the permit. A copy of the
ordinance is available for review at the City.
Upon completion of the project, the contractor shall apply a polymer based soil stabilizer to all
areas disturbed by the construction operation. The contractor shall submit soil stabilizer details
and manufacturer recommendations to the City for acceptance prior to application. Application
shall be warranted for a minimum of one (1) year from date of application.
5.2 Noise Abatement
Operations shall be performed so as to minimize unnecessary noise. Special measures shall be
taken to suppress noise during night hours. Noise levels due to construction activity shall not
exceed the levels specified by local ordinance.
Internal combustion engines used on the Work shall be equipped with a muffler of a type
recommended by the manufacturer. No internal combustion engine shall be operated without said
muffler.
5.3 Working Hours
Construction operations and maintenance of equipment within one half mile of human occupancy
shall be performed only during the time periods as follows:
October 1 to April 30: Monday - Friday 7:00 AM to 5:30 P.M.
May 1 to September 30: Monday - Friday 6:00 AM to 7:00 P.M.
The foregoing time frames are the typical working hours allowed by the City, but other
restrictions may apply for certain operations as specified elsewhere in these specifications. The
Contractor shall be responsible for any inspection and additional administration costs incurred by
the City for work by the Contractor after the hours defined above on weekdays, or any work on
Genera! Project Requirements 2000-4
weekends, or holidays recognized by the City. Such costs shall be withheld from the succeeding
monthly progress payment. Any work in Section 3000, SPECIAL PROVISIONS, specifically
required to be performed outside the normal working hours are excluded from the provisions of
this paragraph.
The Contractor shall notify the City Engineer at least 72 hours prior to any work outside the
normal working hours defined above, on weekends or holidays.
5.4 Drainage Control
In all construction operations, care shall be taken not to disturb the existing drainage pattern
whenever possible. Particular care shall be taken not to direct drainage water onto private
property. Drainage water shall not be diverted to streets or drainage ways inadequate for the
increased flow. Drainage means shall be provided to protect the Work and adjacent facilities
from damage to water from the site or due to altered drainage patterns from construction
operations.
Temporary provisions shall be made by the Contractor to insure the proper functioning of gutters,
storm drain inlets, drainage ditches, culverts, irrigation ditches, and natural water courses.
5.5 Construction Cleaning
The Contractor shall, at all times, keep property on which work is in progress and the adjacent
property free from accumulations of waste material or rubbish caused by employees or by the
Work. All surplus material shall be removed from the site immediately after completion of the
work causing the surplus materials. Upon completion of the construction, the Contractor shall
remove all temporary structures, rubbish, and waste materials resulting from his operations.
5.6 Disposal of Material
The Contractor shall make arrangements for disposing of materials outside the right-of-way and
' the Contractor shall pay all costs involved. The Contractor shall first obtain permission from the
property owner on whose property the disposal is to be made and absolve the City from any and
all responsibility in connection with the disposal of material on said property. When material is
disposed of as above provided, the Contractor shall conform to all required codes pertaining to
grading, hauling, and filling of earth.
5.7 Parking and Storage Areas
All stockpiled materials and parked equipment at the job site shall be located to avoid
' interference with private property and to prevent hazards to the public. Locations of stockpiles,
parking areas, and equipment storage must be approved by the City Engineer.
6.0 PROTECTION AND RESTORATION OF EXISTING EMPROVEMENTS
The Contractor shall be responsible for the protection of public and private property at and
adjacent to the Work and shall exercise due caution to avoid damage to such property.
IThe Contractor shall repair or replace all existing improvements within the right-of-way which
are not designated for removal (e.g., curbs, sidewalks, survey points, fences, walls, signs, utility
Genera! Project Requirements 2000-5
installations, pavements, structures, etc.) which are damaged or removed as a result of its
operations. Repairs and replacements shall be at least equal to existing improvements and shall
match them in finish and dimension.
Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury.
If damaged or removed because of the Contractor's operations, they shall be restored or replaced
in as nearly the original conditions and location as is reasonably possible. Lawns shall be
re -seeded and covered with suitable mulch.
The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit
them to salvage or relocate plants, trees, fences, irrigation, sprinklers, and other improvements
within the right-of-way which are designated for removal and would be destroyed because of the
work.
7.0 EXISTING UTILITIES
7.1 General
Pursuant to Government Code Section 4216, et. seq., the Contractor shall notify the appropriate
required notification center. The notification center for La Quinta can be reached by contacting
UNDERGROUND SERVICE ALERT (USA) at 1-800-422-4133. 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.
7.2 Notification and Location
At least two (2) working days before performing any excavation work, the Contractor shall
request the utility owners to mark or otherwise indicate the location of their service.
It shall be the Contractor's responsibility to determine the exact location and depth of all utilities,
including service connections, which have been marked by the respective owners and which he
believes may affect or be affected by his operations. If no pay item is provided in the Contract
for this work, full compensation for such work shall be considered as included in the prices bid
for other items of work.
The Contractor shall notify the following agencies at least 48 hours in advance of excavating
around any of their structures. The following utility companies provide service to the La Quinta
area and can be contacted via the USA telephone number or the number list below.
1. The Gas Company, (800) 427-2200
2. Imperial Irrigation District, (800) 303-7756
Verizon Telephone Company, (800) 483-4000
4. _ Coachella Valley Water District, (760) 398-2651
5. Time Warner Cable, (760) 340-2225
General Project Requirements 2000-6
r
7.3 Damage and Protection
The Contractor shall immediately notify the City Engineer and utility owner of any damage to a
utility.
7.4 Utility Relocation and Rearrangement
The right is reserved to the City and the owners of utilities or their authorized agents to enter
upon the Work area for the purpose of making such changes as are necessary for the
rearrangement of their facilities or for making necessary connections or repairs to their properties.
The Contractor shall cooperate with forces engaged in such work and shall conduct his operations
in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by
such forces and shall allow the respective utilities time to relocate their facility.
The Contractor assumes responsibility for the removal, relocation, or protection of existing
facilities wherein said facilities are field located by a utility company, or as provided for in the
General Requirements. The Contractor shall coordinate with the owner of utility facilities for the
rearrangement of said facilities.
In the event that underground utilities are found that are not shown in the Contract Documents or
are found to exist in a different location than shown in the Contract Documents, the Contractor
shall: (1) notify the City Engineer of the existence of said facilities immediately; and (2) take
steps to ascertain the exact location of all underground facilities prior to doing work that may
damage such facilities.
Requests for extensions of time arising out of utility rearrangement delays shall be determined by
City Engineer. In accordance with Government Code Section 4215 the Contractor shall not be
assessed liquidated damages for delay in completion of the project, when such delay is caused by
the failure of the City or utility company to provide for the removal or relocation of facilities for
which they are the responsible party as defined in Paragraph 2000-7.3, Damage and Protection.
Where it is determined by the City Engineer that the rearrangement of an underground main, the
existence of which is not represented herein, is essential in order to accommodate the
contemplated improvement, the City Engineer will provide for the rearrangement of such facility
by other forces or by the Contractor in accordance with the provisions of Paragraph 1400-7.1,
Change Orders.
When the General Requirements or Specifications indicate that a utility is to be relocated, altered
or constructed by others, the City will conduct all negotiations with the utility company and the
work will be done at no cost to the Contractor.
Temporary or permanent relocation or alteration of utilities desired by the Contractor for its own
convenience shall be the Contractor's responsibility and it shall make arrangements and bear all
costs.
7.5 Underground Facilities
The Contractor is responsible for coordinating all project documentation, including but not
necessarily limited to, the Contract Documents and existing record drawings for the
determination of the location of all underground facilities.
General Project Requirements 2000-7
The Contractor shall exercise care in all excavations to avoid damage to existing underground
facilities. This shall include potholing or hand digging in those areas where underground
facilities are known to exist until they have been sufficiently located to avoid damage to the
facilities.
Prior to fabrication, the Contractor shall verify the location and elevations of existing
underground facilities which the Contractor is connecting to.
No additional compensation shall be provided the Contractor for compliance with the provisions
of this section or for the damage and repair of facilities due to the lack of such care.
The California Public Utilities Commission mandates that, in the interest of public safety, main
line gas valves be maintained in a manner to be readily accessible and in good operating
condition. The Contractor shall notify The Gas Company's Headquarters Planning Office at least
2 working days prior to the start of construction.
General Project Requirements 2000-8
I�
DIVISION 3
SPECIAL PROVISIONS
1.0 GENERAL
1.1 Scope of Services
It shall be the contractor's responsibility to provide
incidentals to complete the work as outlined in the
Specifications and Contract Documents for Project
Adams Park.
and furnish all materials, tools, labor and
Project Description and as shown in the
No. 2008-08, Sand Volleyball Court at
It shall be the Contractor's responsibility to thoroughly review the project area, familiarize itself
with the scope of proposed work, and submit the proposal for the work accordingly.
1.2 Proiect Description
The purpose of the project is to install a sand volleyball court at Adams Park. The
project will also include the equipment necessary for volleyball play as indicated
in the Specifications. All project work and incidental items to complete the
project shall be performed in accordance with the project details (Appendix) and
I pecifications contained herein. All the above tasks are to be completed in a
workmanlike manner, leaving the project site in a safe, neat and presentable
condition. Refer to Sections 3000 and 4000 for more information.
1.3 Proiect Details
The project details (See Appendix B) consist of proposed limits of work, sketches dimensioning,
and proposed layout.
1.4 Time Allowed for Construction
In accordance with the provisions of Paragraph 1400-6.2, Time of Completion, this project shall be
completed within 30 working days from the date of the Notice to Proceed.
2.0 BID ITEMS
2.1 General
The bid items presented in the bidders schedule are intended to indicate major categories of the
work for purposes of comparative bid analyses and payment breakdown for monthly progress
payments. Bid items are not intended to be exclusive descriptions of work categories. The
Contractor shall determine and include in its pricing, all materials, labor, and, equipment necessary
to complete each Bid Item associated appurtenant work.
Each of those items for which there is no estimated quantity and/or specific pay item shall be
completed in workmanship like manner to the satisfaction of the City Engineer. Work that is
Special Provisions
3000-1
specified for which there is no bid item shall be considered incidental to work associated with bid
items; therefore, the payment for these items shall be considered included in the various items of
work for which a specific bid item has been provided.
Quantity of any bid item in excess of the final pay quantity shown on the plans or bidder's schedule
estimated by the City Engineer will not be paid for. The final pay quantity can only be adjusted to
reflect any change orders, extra work, or additional work authorized by the City Engineer.
2.2 Bid Item Descriptions
It shall be understood that bid item descriptions shall be constructed as shown on the Plans and/or
specified by these Specifications. Payment will be made at the contract bid price for work complete
in place and shall be the full compensation for furnishing all labor, materials, tools, and equipment
that are necessary to perform and complete the bid item work and all incidental appurtenant work as
specified. The bid item descriptions shall not be considered specifications on how the work is to be
performed.
Item 1 - Mobilization
Shall consist of expenditures for all preparatory work and operations, including but not
limited to, those costs necessary to provide all necessary insurance or bonds, for the
movement of personnel, equipment, supplies, and other work incidental to the project site;
for the establishment of all facilities necessary for work on the project; and for all other
work and operations which must be preformed or costs incurred prior to beginning work
on the various contract items on the project site as well as the related demobilization costs
anticipated at the completion of the project. Full compensation for complying with these
requirements shall be at a "lump sum" unit cost as indicated in the bid schedule.
Mobilization will be paid at 50% upon satisfactorily move -in and 50% upon
satisfactorily de -mobilization (move -out).
Item 2 - Dust Control
Work included in this item consists of providing PM10 dust control measures in
accordance with AQMD requirements throughout the project duration. Full compensation
for complying with these requirements shall be at a "lump sum" unit cost as indicated in
the bid schedule.
Item 3 — Clearing, Grubbing, and Irrigation Relocation
Work includes furnishing all labor, material and equipment required for removing
and disposing of existing turf and soil and other interfering items. The scope of work
will also include relocating existing irrigation in the constructed area and restoring
the irrigation system to provide for the remaining turf areas. All turf damaged by the
contractor's operation shall be replaced with overseeded sod to match the existing
turf. Full compensation for complying with these requirements shall be at a "lump
sum" unit cost as indicated in the bid schedule.
Items 4 — Furnish and Install a Sand Volleyball Court
Furnish all labor, materials, equipment, and supplies to provide a sand volleyball court in
accordance with the following specifications.
1. Dimensions are 49'-6" wide X 79' long. Playing area will be 29'-6" wide X 59' long.
2. Net poles are to be galvanized and set in 3' of concrete below the subsurface.
Special Provisions 3000-2
3. 3' deep excavation with 2 pitched slope bases at the center of each side.
4. 2 perforated 4" drain pipes shall be installed at the lowest base of each side with the
drains flowing to center of the court to the gravel sump.
5. Overlay the entire base with 1' of smooth rounded gravel.
6. Install landscaping fabric above the gravel base and around the sides. The fabric
should be secured accordingly.
7. Install beach sand to cover the area 49'-6" wide X 79' long X 2' minimum depth.
8. Net should be installed and adjustable to 8' for men and 7'4" for women.
9. Install 8" wide X 38" long concrete curbing around the perimeter (260') using 1/2
rounding tool edge for the inside (playing) area.
Items 5 — Furnish and Install All Necessary Volleyball Equipment
Court Equipment Shall Include:
1. 32' X 39" #36 knotted nylon net with 22 oz 4" vinyl all sides (Lockable)
2. 3'-3" X 6'-6" tall pole pad w/ minimum 4 nylon velcro straps double stitched, filled
w/ 2" minimum poly foam. Color by Owner.
3. 2" vinyl boundary tape (29'-6" X 59') adjustable to (26'-3" X 52'-6").
4. 16 bungee cords to tie boundary tape to D -rings. One set for each size court.
3.0 MATERIALS
3.1 General
Whenever a material, article or piece of equipment is identified on the drawings or specified by
reference to brand name or catalog number, it shall be understood that this is referenced for the
purpose of defining the performance or other salient requirements and that other products of equal
capacities, quality and function shall be considered.
3.2 Substitutions
The Contractor may recommend the substitution of a material, article, or piece of equipment of
equal substance and function for those referred to in the Contract Documents by reference to the
brand name or catalog number and, if in the opinion of the City Engineer, such material, article, or
piece of equipment is of equal substance and function to that specified, the City Engineer may
approve its substitution and use by the Contractor. Any cost differential shall be deducted from the
Contract Price and the Contract Documents shall be appropriately modified by Change Order. The
Contractor warrants that if substitutes are approved, no major changes in the function or general
design of the project will result. Incidental changes or extra component parts required to
accommodate substitute will be made by the Contractor without a change in the Contract Price or
Contract time.
3.3 Storage
Materials and equipment shall be so stored as not to create a public nuisance and to insure the
preservation of their quality and fitness for the work.
Special Provisions 3000-3
4.0 WORK DETAILS
4.1 Permits, Licenses and Inspection Fees
The Contractor shall obtain and pay for all costs incurred for permits, licenses and inspection fees
required by other agencies because of his operations. Prior to starting any work, the Contractor shall be
required to have a City of La Quinta Business License for the life of the contract; his subcontractors
shall also have Business Licenses for the time they are engaged in work.
4.2 Air Contaminants
The Contractor shall not discharge smoke, dust or any other air contaminants into the atmosphere in
such quantity as will violate the regulations of any legally constituted authority.
4.3 Notification
The Contractor shall notify the City, local authorities, and utility companies, of his intent to begin work
at least five days before work is to begin. The Contractor shall cooperate with local authorities relative
to handling traffic through the area including coordinating with trash collection, school bus schedules,
public transportation, and emergency activities.
Three days before work is to begin, the Contractor shall provide written notice of intent to begin work to
all occupied residential and commercial properties abutting proposed improvements. The written notice
will be approved by the City prior to issuance, and shall include at least the following information: brief
description of the improvements, the name, address and phone number of the Contractor, and the date
and time work is to begin and finish.
Special Provisions 3000-4
DIVISION 4 - TECffiyICAL SPECIFICATIONS
SECTION 4000
1.0 GENERAL REQUIREMENTS
1.1 Drawings and Specifications
The project drawings and details are considered as part of these specifications, and any work or
materials shown on the drawings and not mentioned in the specifications, or via versa, are
executed as if specifically mentioned in both.
1.2 Accuracy of Plans
Existing utilities shown on the drawings are as exact as can be prepared, but their accuracy is not
guaranteed. The Contractor shall verify exact location of all utilities prior to the start of
construction.
1.3 Verifying Drawings and Job Conditions
Examine all drawings and specifications, and record drawings in a manner to be fully cognizant
of all work required, and all existing conditions.
Visit the site and verify existing conditions. Make adjustments and allowances for all necessary
equipment to complete all parts of the drawings and specifications.
1.4 Drawings of Record
Provide and keep up-to-date, a complete record set of blue line prints. Correct these prints daily,
and show every change from the original drawings. Keep this set of prints on the job site, and use
only as a record set. Do not construe this as authorization to make changes in the layout without
definite instruction in each case. Incorporate all changes as noted on the record set of prints
thereon with black ink in a neat, legible, understandable and professional manner. Deliver this set
to the City upon completion and acceptance of work.
1.5 Cooperation with Other Contractors
Section 7-7 is amended by the addition of the following provisions:
Should the Contractor foresee any interference, or believe project delays or problems
might occur due to any action of any other contractor, or if the Contractor determines his
j own work may cause a delay to the work of the other contractors, the Contractor shall
bring this to the attention of the Engineer as soon as possible so that the potential
problems or delays may be worked out before problems arise. It is the intention of these
Specifications that the Contractor shall cooperate as needed to effect this purpose, and
shall be prepared to make short delays, to redeploy its work force to other parts of the
work or project, to temporarily reschedule work, and take other reasonable actions to
minimize interference and maximize cooperation with all other parties working within the
project area.
1
ITechnical Specifications 4000-1
If the Contractor maintains that he is unable to reasonably cooperate with others, then the
Contractor shall be prepared to verify to the satisfaction of the Engineer that there are no
reasonable actions which he could take to cooperate with others and that if he did, such actions
would cause serious financial harm or unreasonable delay to the Contractor. If the Engineer finds
that such evidence is unsatisfactory, the Engineer may order the Contractor to take whatever
reasonable actions the Engineer determines are necessary to provide the needed cooperation in
order to meet the intent of these Specifications.
The contractor shall have no claim for extra compensation for any delay or costs if his work is
held up, delayed or interrupted by the City's having to order cooperative work measures or
schedule priorities as outlined above. An extension of contract time shall be the only
compensationarg nted.
2.0 MOBILIZATION
Mobilization shall conform to the provisions in Section 9-3.4, "Mobilization" of the Standard
Specifications. Mobilization includes expenditures for all preparatory work and operations,
including but not limited to, those costs necessary for the movement of personnel, equipment,
supplies, and incidental to the project site; for the establishment of all facilities necessary for
work on the project; and for all other work and operations which must be performed or costs
incurred prior to beginning work on the various contract items on the project site as well as the
related demobilization costs anticipated at the completion of the project.
3.0 DUST CONTROL
Dust Control shall be in accordance with the approved Local Air Quality Management Plan
(LAQMP) for this project. The Contractor shall prepare for review and approval by the Agency,
the required PM -10 plan. The plan shall be prepared in accordance with South Coast Air Quality
Management District guidelines. The Contractor shall have a designated person Certified by the
SCAQMD to prepare and the PM -10 plan and oversee the approved dust control measures. Dust
control shall include, but is not limited to the following:
1. Maintain dust control at all times by watering, including developing a water
supply, and furnishing and placing all water required for work done in the
contract.
2. Provide means to prevent track out onto public streets.
3. Provide street sweeping of material tracked onto public streets.
4. The Contractor shall be responsible for the procurement and application of an
AGENCY approved soil stabilizer,- at an AGENCY approved rate of application,
which complies with the AGENCY's PM10 ordinance and the Local Water
Quality Control Board. The Contractor shall place this approved dust palliative
on all unimproved areas which have been disturbed by their operations.
Unimproved areas shall include as a minimum the disturbed areas behind the
curb and gutter. Measurement and payment for the soil stabilizer for the supply
and application of the AGENCY approved material shall be included in the
contractors bid item for Dust Control and no additional compensation shall be
allowed. The soil stabilization shall conform to the following:
a. All surface areas of the earth in the project area and associated
with the project work disturbed by the Contractor's operations must be
Technical Specifications 4000-2
stabilized by an approved Contractor using an approved soil stabilization
material.
b. "Disturbed surface area" is described as that portion of the
earth's surface which, through the activities of the Contractor, has been
physically moved, uncovered, de -stabilized, or otherwise modified form
its undisturbed natural soil condition.
C. Contractor's activities are described as any activity by
Contractor's work force, equipment, vehicles, suppliers, vendors, etc. in
the construction of this project. The project area and Contractor's area of
operations includes areas outside of the project area used for excavation,
fill, or stockpiling of soils, material, and debris.
d. The soil stabilization material to be used must be a material that
is not prohibited for use by the City of La Quinta California Regional
Water Quality Control Board, the Environmental Protection Agency, or
any other law, rule, or regulation.
e. The soil stabilization material shall provide a method of dust
control to mitigate fugitive dust and PM -10 emissions. The application
rates shall be per manufacturer's requirements and additionally shall be
applied in sufficient quantities to eliminate wind erosion from disturbed
surface areas for a one year duration measured from the time of
application.
4.0 CLEARING AND GRUBBING
Clearing and Grubbing shall conform to the provisions in Section 300-1, "Clearing and
Grubbing", of the Standard Specifications and these Special Provisions:
300-1.3.2 Requirements. [Add the following]:
(d) Miscellaneous
In addition to the work outlined in Subsection 300-1 of the Standard Specifications, the
following items of work are included under Clearing and Grubbing unless otherwise
covered by a specific bid item.
(1) Provide all necessary water for construction activities. The contractor shall make
arrangements with CVWD to obtain construction water meter(s). The cost of the
water meters shall be included in the cost of related items.
(2) Removal of structures, as directed by Engineer to be removed or abandoned.
This item includes removal and relocation of existing mail boxes, mail box posts
and mail box support structures, in kind.
(3) Protection of utilities, trees, fences, gates, walls, greens and other facilities within
the construction zone, except those shown on the plans and those specifically
directed by the Engineer to be removed or relocated.
(4) Removal, relocation and replacement of existing landscaping and irrigation
systems in conflict with the items of construction as directed by the Engineer.
Existing irrigation facilities are to be plugged by the Contractor until the
replacement system is constructed. To ensure the remainder landscaping
irrigation still functions as it exists, temporary facilities will be constructed at the
contractor's expense to allow the protection of the existing foliage. Upon
Technical Specifications 4000-3
completion of the roadway work, the Contractor shall re -install and/or reconnect
the existing irrigation equipment to the original working condition.
(5) Clearing and removal of debris from the site of work. This includes removal and
legal disposal of existing fences, gates, signs, and posts including the associated
footings/foundations.
5.0 CONCRETE AND MASONRY CONSTRUCTION
Concrete construction shall conform with Section 201 "Concrete, Mortar, and Related
Material' and Section 303, "Concrete and Masonry Construction", of the Standard
Specifications and these Special Provisions.
Preparation of existing native subgrade in areas where portland cement concrete
improvement will be constructed shall conform with Section 301-1, "Subgrade
Preparation", of the Standard Specifications.
201-1 PORTLAND CEMENT CONCRETE
201-1.1 Requirements
201-1.1.2 Concrete Specified by Class (Add the following:)
Construction Class Slump
Concrete for fence post footings 560-C-3250 4"
201-1.2 Materials
201-1.2.1 Portland Cement (Delete the first paragraph and add the following:)
The cement to be used or furnished shall be Type V Portland Cement conforming to
ASTM C150, unless otherwise specified.
Technical Specifications 4000-4
ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of La Quinta whose
address is P.O. Box 1504, La Quinta, California, 92253, hereinafter called City, and
hereinafter called Contractor whose address
is:
. and
hereinafter called Escrow Agent whose address is:
For the consideration hereinafter set forth, the City, Contractor, and Escrow Agent agree as
follows:
Pursuant to Section 22300 of the Public Contract Code of the State of California,
Contractor has the option to deposit securities which meet the requirements set forth in
said Section 22300, with Escrow Agent, as a substitute for retention earnings required to
be withheld by City pursuant to the Construction Contract entered into between City and
Contractor for Project No. 2008-08, Sand Volleyball Court at Adams Park, in the
amount of dated
hereinafter referred to as the Contract. When Contractor deposits the securities as a
substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of
the deposit. The market value of the securities at the time of the substitution shall be at
least equal to the cash amount then required to be withheld as retention under the terms of
the Contract between the City and Contractor. Securities shall be held in the name of
City of La Quinta, and shall designate the Contractor as the beneficial owner.
2. City shall make progress payments to Contractor for such funds which otherwise would
be withheld from progress payments pursuant to the Contract provisions, provided that
the Escrow Agent holds securities in the form and amount specified above.
Alternatively, City may make payments directly to Escrow Agent in the amount of
retention for the benefit of the City until such time as the escrow created hereunder is
terminated.
4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow
Agent in administering the escrow account. These expenses and payment terms shall be
determined by the Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all
interest earned on that interest shall be for the sole account of Contractor and shall be
subject to withdrawal by Contractor at any time and from time to time without notice to
the City.
Contractor shall have the right to withdraw all or any part of the principal in the Escrow
Account only by written notice to Escrow Agent accompanied by written authorization
from City to the Escrow Agent that City consents to the withdrawal of the amount sought
to be withdrawn by Contractor.
Appendix A
7. The City shall have a right to draw upon the securities in the event of default by the
Contractor. Upon seven days' written notice to the Escrow Agent from the City of the
default, the Escrow Agent shall immediately convert the securities to cash and shall
distribute the cash as instructed by the City.
Upon receipt of written notification from the City certifying that the Contract is final and
complete, and that the Contractor has complied with all requirements and procedures
applicable to the Contract, Escrow Agent shall release to Contractor all securities and
interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall
be closed immediately upon disbursement of all moneys and securities on deposit and
payments of fees and charges.
Escrow Agent shall rely on the written notifications from the City and the Contractor
pursuant to Sections (4) to (6), inclusive, of this Agreement, and City and Contractor
shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the
securities and interest as set forth above.
10. The names of the persons who are authorized to give written notice or to receive written
notice on behalf of the City and on behalf of Contractor in connection with the foregoing,
and exemplars of their respective signatures are as follows:
On Behalf of City:
Title
Name
Signature
Address
Appendix A
On Behalf of Contractor:
Title
Name
Signature
Address
On Behalf of Escrow Agent:
Title
Name
Signature
Address
At the time the Escrow Account is opened, City and Contractor shall deliver to the Escrow Agent
a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on
the date first set forth above.
CITY: CONTRACTOR:
Title
Name
Signature
Title
Name
Signature
Appendix A 3
1
1
1
1
1
1
1
1
Appendix B
1
1 6
�a
LEGEND: P Nc� 1. CONCRETE CURB SEE CURB DETAIL
2. 4'X4" RED GLAZED TILE (RUBY RED
121 BY AMERICAN OLEAN OR SCALE: 3/8'=1'-0'
EQUAL) BOUNDRY MARKER. CAST 4
x 4.i' x J' DEPRESSION IN
CURB TO INSTALL TILE MARKER.. 39'-6'
SEE D—RING ATTACHMENT DETAIL —00
3. NET LOCATION. 10'-0' 2
4, 4'x4'x4' GRAVEL SUMP }
BACKFlLLED W/ it ROCK
5. GEO FABRIC
6. 4' PERFORATED DRAIN LINE IN g i
DRAIN ROCK. SLOPE O 1X MIN 2
TO CENTER SUMP.
... ................. ._.............
....... ................. ; ...._.......
7. HEAVY DUTY UV TREATED II
WEBBING .COURT BOUNDARY FOR 2 6
COURTS W/ BUNGEE CORD II
EXTENSION TO ATTACH TO 9
D—RING O CURB FACE SEE io m ;•�
D—RING ATTACHMENT DETAIL f
S. 4' PERFORATED PIPE. v A N (�
9. 400' BLUE GLAZED TILE (SAPPHIRE II
SKY 0070 BY AMERICAN OLEAN OR 9 f —`'J
EQUAL) BO UNDRY MARKER. CAST 4 II.
i' x 4 ;' x in 'DEPRESSION IN...:.�: : ' ::. ....... I.
CURB TO .INSTALL TILE MARKER.
SEE D—RING ATTACHMENT DETAIL 2 6
NOTE:
COURT CURBING TO BE RELATIVELY FLAT. I
GRADE SEPARATION ALONG 79'-0' vt 2 g'
LENGTH TO BE 0.4' do ..25' ALONG T
49'-6' LENGTH.
SCALE: 3/4'=1'-0'
SAND VOLLEYBALL COURT LAYOUT
ti
SECTION AA
J
]I --j J2J
DAVID EVANS
A DASSOCIATES iNo:
4200 Concours, 3ufte 200
Ortarfo Celliomia 91764
Phone: 909.481.5750
as
a
w
VOLLEYBALL POST
WASHED, DUST FREE SAND
ASTM APPROVED CONTAINING NO FREE
CRYSTALLINE SILICA OR QUARTZ
GEO FABRIC MATERIAL.
3/4" GRAVEL SUMP PER CIVIL PLAN.
31W GRAVEL
4" PERFORATED HDPE DRAIN PIPE. SLOPE
TO CENTER OF COURT @ 1% MIN.
90% COMPACTED SUBGRADE
SAND VOLLEYBALL CONCRETE CURB•
PERFORATED DRAIN LINE/ SUMP DETAIL
cl
OF L
7 _. :........:.:. I .........._ ::...._.
NOTE
PLAY PIT SHALL HAVE A MIN. 2%
SLOPE TO DRAIN SLUMP, TYPICAL.
DAVID EVANS —
ANoASSOCIATES ma
4200 Conooura, Suite 200
Ontario California 91784
Phone: 909.481.5750
SCALE: 1 /2'=1'-D'
VOLLEYBALL POSTNET DETAIL
OF L
41
LEGEND:
1. 1 1%2' MOVEABLE, HIGH STRENGTH PULLEY
2. IRON HALF BALL CAP
3. 1/2' EYE BOLT
'4. STANDARD GALV. STEEL:.POST, .3 1/2" O.D. x 14' LONG
5. ,MOVEABLE WINCH W/NON--SPRING LOADED LOCKING MECHANISM'
6. 1/2"- MOVEABLE OPEN ENDED EYEHOOKS ROPE FASTENER
7. CONCRETE FOOTING.
6. 12' MIN. DEPTH OF WASHED, DUST FREE SAND, ASTM APPROVED
CONTAINING - NO. FREE -. CRYSTALLINE .SILICA OR. QUARTZ
9. 32'x39' KNOTTED NYLON NET (LOCKABLE) W/ .STEEL.. CABLE.
TOP &= BOTTOM W/ 22 OZ 4' WNYL TAPES ALL SIDES. #36
WEATHER TREATED KNOTTED .NYLON AETTING...COLDR .BY
OWNER:
10. .3'-3'x6'-6' TAIL POLE .PAD W/ :MINIMUM 4, NYLON VELCRO
STRAPS, DOUBLE STICHED, FILLED. W/ 2' MINIMUM POLY :FOAM.
COLOR BY OWNER.
11. 9OX ;COMPACTED SUBGRADE
�c
'°
a
DAVID EVANS:
p Q ma ASSOCIATES iNc.
O 4200 Concours, Suite 200
" Ontarto Ca9fomia 91764
Phone: 909.481.5750
LECENDs
1. 3/8' GRAVEL. 12" DEPTH.
2. J4 BARS CONT.
3. NATURAL GRAY CONCRETE CURBING LIGHT BROOM
FINISH. TOP do CURB FACE TO 180 BELOW TOP
OF CURB.
4. WASHED, DUST FREE SAND
ASTM APPROVED CONTAINING NO FREE
CRYSTALLINE SILICA OR QUARTZ
5. 90% COMPACTED SUBGRADE
SCALE: NOT TO SCALE
SAND VOLLEYBALL CONCRETE CURB
WALL 3/8' BITUMINOUS FELT EXPANSION JOINTS 6 20'
O.C. MAX., AND O BEGINNING AND END OF RADII,
PROVIDE 1- DEEP X k WIDE CONTROL JOINTS AT 5' O.C.
6. 2' WHEN ADJACENT TO TURF AREA AND FLUSH
UP AT ADJACENT CONCRETE PAVING
7. SPEED DOWEL #PSD 09/ f4tx ® 30' O.C.
WHERE ADJACENT PAVING OCCURS
8. EXPANSION JOINT WHERE
ADJACENT PAVING OCCURS
9. GEO FABRIC MATERIAL
CTTV OF r a nr TWT a
k
,
DAVID EVANS
Q MoASSOCIATES mc.
Q 4200 Concours, Suite 200
Ontario California 91784
Phone: 909A81.5750 d
i
t 2' WHEN -ADJACENT TO TURF AREA: AND:. FLUSH.
UP AT ADJACENT TO CONCRETE. PAVING
:.2..:S PED. pOWEI: #PSD 09/ .j4TX. 0,30° O.C..
WHERE ADJACENT` PAVING'.00CURS:
1. -0 PANSP..N .JOINT .WHERE AWACENT PAVING.:OCcURS.:
4. #C REBAR.. CONT.,
5: .EO- FABRIC: MATERUU:.
SCALE. -.NOT TG SCALE
D-RINGI ATTACHMEN...T
6:. 4'X4"`.RED=GLAZED .TILE (RUBY' RED 121) BY'
AMERICAN :OLEAN OR. EQUAL BOUNDARY MARKER;,
CAST 4—.1/8'"X .4-:1/8" X 1/2" DEPRESSION
IN. CURB: TO 'RECEIVE n MARKER.
7,'-O)BOLTS '.CAST INTO'.CO PRETE.'
S.: ;CALVANIZED HEAVY DUTY :(4).BQLT RECESSED'
D :RING CAST .INTO.:CURB FACE:
9:SAND.' VOLLEYBALL CONCRETE tCURB:*
CITY OF LA QUTNTA
o.
10. .Wi4SHED:: DUST 'FREE:.SAND ASTM:
:APPROVED CONTAINING NO fREE'
00Al1JNE':SILLCA OR ;QUARTZ
11: 3/8' GRAVEL 12'' DEPTN::
1.2.. R.EBAR YE iT1CiE 24.. O:C
DAVID:.EVANS
p Q ^moASSOCIATE I wo.
4200 Concours; Suits 200
0 Ontano Caitfamfa.91764
Phone: '9W.481-5750