Bid SpecificationsBID DOCUMENTS
&
SPECIFICATIONS
CITY PROJECT NO. 2020-04
WASHINGTON STREET PAVEMENT REHABILITATION
CITY OF LA QUINTA, CALIFORNIA
PREPARED FOR:
CITY OF LA QUINTA
DEPARTMENT OF DESIGN & DEVELOPMENT
78-495 CALLE TAMPICO
LA QUINTA, CA 92253
(760) 777-7000
APPROVED BY: DATE:
____________________________________
BRYAN McKINNEY, P.E.
PUBLIC WORKS DIRECTOR/ CITY ENGINEER
July 2020 R.C.E. No. 49418 Exp Date: 09/30/20
Digitally signed by Bryan McKinney
DN: cn=Bryan McKinney, o, ou,
email=bmckinney@laquintaca.gov,
c=US
Date: 2020.07.08 11:16:16 -07'00'7/8/20
TABLE OF CONTENTS
DIVISION 1 - BIDDING AND CONTRACT REQUIREMENTS PAGE
1100 Invitation to Bid 1100-1
1110 Instructions to Bidders 1110-1
1.0 Work to be Done 1110-1
2.0 Examination of Contract Documents 1110-1
3.0 Inspection of Site 1110-1
4.0 Interpretation of Contract Documents 1110-2
5.0 Postponement of Opening 1110-2
6.0 Opening of Bids 1110-2
7.0 Preparation of Bid Forms 1110-3
8.0 Bidder’s Signature and Authority 1110-3
9.0 Erasures 1110-4
10.0 Bid Irregularities 1110-4
11.0 Modification of Bid 1110-4
12.0 Withdrawal of Bids 1110-4
13.0 Addenda 1110-4
14.0 Bid Prices 1110-5
15.0 Bid Guaranty 1110-5
16.0 Qualification of Bidder 1110-5
17.0 Subcontractors 1110-6
18.0 Bidders Interested in More Than One Bid 1110-6
19.0 Sheeting, Shoring, and Bracing 1110-7
20.0 Wage Rates 1110-7
21.0 Offer of Assignment of Antitrust Actions 1110-7
22.0 Assignment of Contract 1110-7
23.0 Rejection of Bids 1110-8
24.0 Contract and Bonds 1110-8
25.0 Award of Contract 1110-8
26.0 Execution of Contract 1110-8
27.0 Construction Documents 1110-9
28.0 Bid Protest 1110-9
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
1260 DIR Project Vendor Information 1260-1
1300 Contract 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 1340-3
2.1 General 1340-3
2.2 Insurance 1340-3
2.3 Remedies 1340-5
2.4 General Conditions 1340-6
2.5 Change in Terms 1340-9
1400 General Conditions 1400-1
1.0 General 1400-1
1.1 Intent of Contract Documents 1400-1
1.2 Discrepancies and Omissions 1400-1
1.3Headings 1400-2
1.4 Penalty for Collusion 1400-2
1.5 Successors and Assigns 1400-2
1.6 Assignment to City 1400-2
1.7 Rights and Remedies 1400-2
1.8 Definitions 1400-3
2.0 Administration 1400-8
2.1 Administration of the Contract 1400-8
2.2 City Engineer 1400-8
2.3 Consultants 1400-9
3.0 City 1400-9
3.1 General 1400-9
3.2 Attention to Work 1400-9
3.3Inspection 1400-10
3.4 City's Right to Carry Out the Work 1400-10
3.5 City's Right to Perform Work and to
Award Separate Contracts 1400-10
4.0 Contractor 1400-11
4.1 Office 1400-11
4.2 Contractor's Representative 1400-11
4.3 Construction Procedures 1400-11
4.4 Contractor's Employees 1400-12
4.5 Subcontractors 1400-12
4.6 Contractor's Equipment and Facilities 1400-12
4.7 Public Safety and Convenience 1400-13
4.8 City-Contractor Coordination 1400-13
4.9 Permits 1400-14
4.10 Contractor's Responsibility for the Work and Material 1400-15
4.11 Laws to be Observed 1400-15
4.12 Safety 1400-18
5.0 Control of Work and Material 1400-19
5.1 Means and Method 1400-19
5.2 City-Furnished Materials 1400-20
5.3 Defective and Unauthorized Work 1400-21
5.4 Unnoticed Defects 1400-21
5.5 Right to Retain Imperfect Work 1400-21
6.0 Progress of the Work 1400-22
6.1 Beginning of Work 1400-22
6.2 Time of Completion 1400-22
6.3Delays 1400-22
6.4 Time Extensions 1400-23
6.5 Temporary Suspension of Work 1400-25
6.6 Termination of Contract 1400-26
7.0 Changes in Scope of Work 1400-27
7.1 Change Orders 1400-27
7.2 Differing Site Conditions 1400-28
7.3 Resolution of Disputes 1400-28
8.0 Project Modifications Procedures 1400-33
8.1 Changes in Contract Price 1400-33
8.2 Negotiated Change Orders 1400-34
8.3 Force Account Payment 1400-35
8.4 Time Extensions for Change Orders 1400-37
9.0 Payment 1400-38
9.1 Scope of Payment 1400-38
9.2 Partial Payments 1400-39
9.3 Partial Payments - Inclusion of Material on Hand 1400-40
9.4 Right to Withhold Amounts 1400-40
9.5 Substantial Completion 1400-42
9.6 Final Inspection and Payment 1400-42
9.7 Warranty of Title 1400-43
1500 Supplemental General Conditions 1500-1
1.0 City Engineer 1500-1
2.0 Consultants 1500-1
2.1 Design Engineer 1500-1
2.2 Materials Testing 1500-1
2.3 Survey 1500-1
3.0 Liquidated Damages 1500-1
4.0 Submittals 1500-2
DIVISION 2 - GENERAL PROJECT REQUIREMENTS
2000 General 2000-1
1.0 Standard Specifications 2000-1
1.1 Alternative Specifications 2000-1
2.0 Standard Plans 2000-2
2.1 Alternative Guidance 2000-2
3.0 Preconstruction Conference 2000-2
3.1 Attendees 2000-2
3.2Agenda 2000-3
4.0 Progress Schedules 2000-3
4.1 General 2000-3
4.2 Construction Schedule 2000-3
4.3 Time Impact Analysis 2000-4
4.4 Weekly Activities Plan 2000-4
4.5 Cash Flow Projection 2000-4
4.6 Lump Sum Price Breakdown 2000-4
5.0 Special Controls 2000-5
5.1 Dust Control 2000-5
5.2 Noise Abatement 2000-5
5.3 Working Hours 2000-5
5.4 Drainage Control 2000-5
5.5 Construction Cleaning 2000-6
5.6 Disposal of Material 2000-6
5.7 Parking and Storage Areas 2000-6
6.0 Protection and Restoration of
Existing Improvements 2000-6
7.0 Existing Utilities 2000-7
7.1 General 2000-7
7.2 Notification and Location 2000-7
7.3 Damage and Protection 2000-8
7.4 Utility Relocation and Rearrangement 2000-8
7.5 Underground Facilities 2000-9
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 Plans 3000-1
1.4 Drawings of Record 3000-1
1.5 Cooperation with other Contractors 3000-2
1.6 Time Allowed for Construction 3000-2
2.0 Bid Items 3000-3
3.0 Materials 3000-3
3.1 General 3000-3
3.2 Substitutions 3000-3
3.3 Storage 3000-4
4.0 Work Details 3000-4
4.1 Traffic Control 3000-4
4.2 Dust Control 3000-8
4.3 Water 3000-8
4.4 Permits, Licenses and Inspection Fees 3000-9
4.5 Air Contaminants 3000-9
4.6 Notification 3000-9
DIVISION 4 – TECHNICAL SPECIFICATIONS
SECTION 4000
1.0 General Requirements 4000-1
2.0 Mobilization 4000-1
3.0 Traffic Control and Safety 4000-1
4.0 Dust Control 4000-2
5.0 Clearing and Grubbing 4000-2
6.0 Existing Bituminous Pavement Removal 4000-3
7.0 Existing Concrete Pavement Removal 4000-5
8.0 Existing Concrete Curb and Gutter Removal 4000-5
9.0 Grading and Subgrade Preparation 4000-6
10.0 Cold milling AC Pavement 4000-6
11.0 Asphalt Concrete and Placement of Base Material 4000-7
12.0 Crack Seal and Type II Slurry Seal 4000-11
13.0 Concrete and Masonry Construction 4000-17
14.0 Truncated Domes 4000-19
15.0 Drainage Manhole Adjustment 4000-19
16.0 Adjust to Grade, Sewer Manhole 4000-20
17.0 Adjust to Grade, Water Valve 4000-20
18.0 Adjust to Grade, Irrigation Valve 4000-21
19.0 Adjust to Grade, Sewer Manhole and Valve 4000-21
20.0 Striping 4000-22
Appendix A: Escrow Agreement for Security Deposits In lieu of Retention
Appendix B: Standard Plans
Invitation to Bid
1100-1
SECTION 1100
INVITATION TO BID
PROJECT NO. 2020-04
WASHINGTON STREET PAVEMENT REHABILITATION
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, La Quinta, California, 92253, until 10:00 A.M.
on Wednesday, July 29, 2020 at which time they will be publicly opened and read
for performing work as follows:
The proposed work includes 2-inch grind and overlay on
Washington Street from Calle Tampico to 500’ north of
Sagebrush Avenue; including full depth asphalt concrete dig
outs, striping, and curb ramp reconstruction.All project work and
incidental items to complete the project shall be performed in
accordance with the plans, specifications, and other provisions of the
contract. All the above improvements are to be constructed in a
workmanlike manner, leaving the entire project in a neat and
presentable condition.Refer to Sections 3000 and 4000 for more
information.
The pavement rehabilitation (grind, overlay, dig-outs, and curb ramps) on Washington
Street and the 1
st striping coat on Washington Street shall be completed within 20
working days from the date specified in the Notice to Proceed. All striping shall be
completed within 40 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”.
A field meeting is scheduled for 9:00 A.M., Monday, July 20, 2020 at the
northeast corner of Calle Tampico and Washington Street. All pre-bid
questions must be submitted in writing to uayon@laquintaca.gov by July 20,
2020.
Complete sets of the bidding documents may be purchased online at:
www.planitplanroom.com
IMPORTANT:If you are not on the plan holders list through Planit Planroom you will
not receive addendums. It is the responsibility of the bidder to ensure that they are
placed on the plan holders list.
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. Bid log sheets can be found at
http://www.laquintaca.gov/business/design-and-development/bid-on-jobs.
Invitation to Bid
1100-2
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 Section 1770, et. seq., of the California Labor Code, the successful bidder
shall pay not less than the prevailing rate of per diem wages as determined by the
Director of the California Department of Industrial Relations. These wage rates are
available from the California Department of Industrial Relations’ Internet website at
http://www.dir.ca.gov.
Pursuant to Section 1725.5 of the California Labor Code, no contractor or
subcontractor may be awarded a contract for public work on a public works project
unless registered with the Department of Industrial Relations at the time the contract
is awarded. Contractors and subcontractors may find additional information for
registering at the Department of Industrial Relations website at
http://www.dir.ca.gov/Public-Works/PublicWorks.html .
Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed
on a bid proposal for a public works project submitted on or after March 1, 2015 unless
registered with the Department of Industrial Relations. Furthermore, all bidders and
contractors are hereby notified that no contractor or subcontractor may be awarded,
on or after April 1, 2015, a contract for public work on a public works project unless
registered with the Department of Industrial Relations.
Pursuant to Labor Code section 1771.4, all bidders are hereby notified that this project
is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
Pursuant to SB854, all contractors and subcontractors must furnish electronic
certified payroll records directly to the Labor Commissioner (aka Division of
Labor Standards Enforcement). All contractors and subcontractors must also
provide a copy and proof to the City of online submittal within 2 days of online
submission.
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
1100-3
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 Contractor) and/or a C12 (Earthwork and Paving
Contractor), at the time that the bid is submitted. Subcontractors shall possess valid,
suitable licenses for the work they will perform. Failure to possess the specified
license(s) 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 By: Date:
Bryan McKinney, P.E.
Public Works Director/ City Engineer
Published By: Date:
Monika Radeva
City Clerk
End of Section
Digitally signed by Bryan McKinney
DN: cn=Bryan McKinney, o, ou,
email=bmckinney@laquintaca.gov,
c=US
Date: 2020.07.08 11:17:23 -07'00'7/8/20
July 8, 2020
Instruction to Bidders 1110-1
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. 2020-04, Washington Street Pavement Rehabilitation,
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 EXAMINATION 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.
Instruction to Bidders 1110-2
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 by July 23, 2020:
Ubaldo Ayón, Assistant Construction Manager
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
(760) 777-7096 – Phone
uayon@laquintaca.gov – Email
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.
Instruction to Bidders 1110-3
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
appropriately filled 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 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 all Additive Alternates. All bids must be submitted in a
sealed envelope, addressed to the City Clerk, with the following annotation:
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, upon
request of the City Engineer or designee, 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 contract empowering the
representative to execute the bid and bind the joint venture.
BIDDER ____________________________
ADDRESS ____________________________
____________________________
This envelope contains a SEALED BID for:
Project No. 2020-04
WASHINGTON STREET PAVEMENT
REHABILITATION
CITY OF LA QUINTA, CALIFORNIA
Envelope to be opened on:
July 29, 2020 @ 10:00 A.M.
Unless revised by Addendum.
Instruction to Bidders 1110-4
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.
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. You must be on the plan holders list through Planit Planroom
Enterprises or Plan Manager Pro in order to receive Addenda.
Instruction to Bidders 1110-5
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 amount bid. 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 amount bid. 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.
15.0 BID GUARANITY
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
Contract 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 Contract is ready
for execution.
The City shall retain all bid security until a contract has been executed or until the City
Council rejects all bids at which time all bid security not forfeited shall be returned to
the appropriate bidders.
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.
Instruction to Bidders 1110-6
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
plans and 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.
The Contractor shall perform, with its own organization, Contract work amounting to at
least 50 percent of the Contract Price except that any designated “Specialty Items”
may be performed by subcontract and the amount of any such “Specialty Items” so
performed will be deducted from the Contract Price before computing the amount
required to be performed by the Contractor with its own organization. “Specialty
Items” will be identified by the Agency in the Bid or in the Special Provisions. Where
an entire item is subcontracted, the value of work subcontracted will be based on the
Contract Unit Price. When a portion of an item is subcontracted, the value of work
subcontracted will be based on the estimated percentage of the Contract Unit Price.
This will be determined from the information submitted by the Contractor, and subject
to approval of the Engineer.
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.
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.
Instruction to Bidders 1110-7
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 WAGE RATES
Pursuant to provisions of the Labor Code Section 1770, et. seq., of the State of
California, the Director of the Department of Industrial Relations has ascertained the
prevailing rate of per diem wages of the locality in which the Work is to be performed
and applicable to the work to be done. These wage rates are available from the
California Department of Industrial Relations’ Internet web site at: www.dir.ca.gov
Bidders shall promptly notify the City, in writing, about all the classifications of labor
not listed in the prevailing wage determinations but necessary for the performance of
the Work before bids are submitted.
21.0 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.
22.0 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.
Instruction to Bidders 1110-8
23.0 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.
24.0 CONTRACT AND BONDS
The successful bidder, simultaneously with the execution of the Contract, 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 Contract, 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.
25.0 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
Contract in the form set forth in the Contract documents.
26.0 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.
Instruction to Bidders 1110-9
27.0 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.
28.0 BID PROTEST
Any bid protest must be in writing and received by City at the Office of the City Clerk
located at 78-495 Calle Tampico, La Quinta, California, 92253, before 5:00p.m., no
later than two working days following bid opening (the "Bid Protest Deadline") and
must comply with the following requirements:
28.1 General. Only a bidder who has actually submitted a Bid Proposal is
eligible to submit a bid protest against another bidder. Subcontractors are not
eligible to submit bid protests. A bidder may not rely on the bid protest
submitted by another bidder but must timely pursue its own protest. The
protesting bidder must submit a non-refundable fee in the amount of
$725.00, based upon City's reasonable costs to administer the bid protest.
Any such fee must be submitted to City no later than the Bid Protest Deadline,
unless otherwise specified. For purposes of this Section 28, a "working day"
means a day that City is open for normal business, and excludes weekends
and holidays observed by City.
28.2 Protest Contents.The bid protest must contain a complete statement of the
basis for the protest and all supporting documentation. Material submitted after the
Bid Protest Deadline will not be considered.The protest must refer to the specific
portion or portions of the Contract Documents upon which the protest is based. The
protest must include the name, address, email address, and telephone number of the
person representing the protesting bidder if different from the protesting bidder.
28.3 Copy to Protested Bidder.A copy of the protest and all supporting documents
must be concurrently transmitted by fax or by email, by or before the Bid Protest
Deadline, to the protested bidder and any other bidder who has a reasonable prospect
of receiving an award depending upon the outcome of the protest.
28.4 Response to Protest. The protested bidder may submit a written
response to the protest provided the response is received by City before
5:00p.m., within two working days after the Bid Protest Deadline or after
actual receipt of the bid protest, whichever is sooner (the "Response
Deadline").The response must include all supporting documentation. Material
submitted after the Response Deadline will not be considered. The response must
include the name, address, email address, and telephone number of the person
representing the protested bidder if different from the protested bidder.
Instruction to Bidders 1110-10
28.5 Copy to Protesting Bidder. A copy of the response and all supporting
documents must be concurrently transmitted by fax or by email, by or before
the Bid Protest Deadline, to the protesting bidder and any other bidder who
has a reasonable prospect of receiving an award depending upon the outcome
of the protest.
28.6 Exclusive Remedy.The procedure and time limits set forth in this section are
mandatory and are the bidder's sole and exclusive remedy in the event of bid protest.
A bidder's failure to comply with these procedures will constitute a waiver of any right
to further pursue a bid protest, including filing a Government Code Claim or initiation
of legal proceedings.
28.7 Right to Award.The City Council reserves the right to award the Contract to the
bidder it has determined to be the responsible bidder submitting the lowest responsive
bid, and to issue a notice to proceed with the Work notwithstanding any pending or
continuing challenge to its determination.
END OF SECTION
Bid 1200-1
SECTION 1200
BID
DATE:
The undersigned, as bidder, declares it has received and examined the Contract
Document entitled Project No. 2020-04, Washington Street Pavement
Rehabilitation, and will contract with the City, on the form of Contract 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
1260 DIR Project Vendor Information
We acknowledge that the following addenda have been received and have been
examined as part of the Contract Documents. Bidders must be on the Plan Holders
List with the City of La Quinta in order to receive addenda.
Addendum # Date Received Initials
Attached is a bid guaranty bond as required by Paragraph 1110-15.0, BID
GUARANTY.
Name of Bidder Bidder’s Telephone Number
Bid 1200-2
If our bid is accepted, we agree to sign the contract 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 Bidder’s Telephone Number
Bidder’s Address Bidder’s Email Address
Contractor’s License No. Contractor's Expiration Date
State of Incorporation
Signature of Bidder Witness
Printed Name of Signatory Title of Witness
Title of Signatory
Bid Schedule 1210-1
SECTION 1210
BID SCHEDULE
PROJECT NO. 2020-04
WASHINGTON STREET PAVEMENT REHABILITATION
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
To Whom It May Concern:
Pursuant to the Invitation to Bid, and in accordance with the provisions therein
stated, the undersigned hereby proposes and agrees that on award by the City under
this Bid, to execute a Contract, with necessary bonds, to furnish and install any and
all labor, materials, transportation and services for Project No. 2020-04,
Washington Street Pavement Rehabilitation, 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. It is understood that the basis of award
shall be the lowest total price of the Base Bid Area plus All Additive Alternates.
Unit prices in each and every case represent the true unit price used in preparing the
bid schedule totals (Bid Form). Unit prices listed herein 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. We acknowledge that
unbalanced unit prices shall be sufficient cause for the rejection of our bid.
Bid Schedule 1210-2
BASE BID – WASHINGTON STREET PAVEMENT REHABILITATION
Item
No.
Item Description Est.
Qty.
Unit Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
1 Mobilization 1 LS $ $
2 Traffic Control 1 LS $ $
3 Dust Control 1 LS $ $
4 2” Grind and Overlay 360,479 SF $ $
5
Continue to Full Depth
Asphalt Concrete Grind
(3.5”±), Compact Existing
Aggregate Base, and 5.5”
Asphalt Concrete Overlay to
Bottom of Final Lift
1,275 SF $$
6
Remove and Construct 5.5”
AC over 6.5” AB, CLQ STD.
195
321 SF $$
7
Remove Existing Concrete
Sidewalk, Ramps, and
Cross-Gutters
5,105 SF $$
8
Remove Existing Curb and
Curb & Gutter (Regardless
of Height)
307 LF $$
9 Crack Seal and Type II
Slurry Seal 11,157 SF $$
10
Construct Curb & Gutter per
City of La Quinta Std. Dwg.
201and 202 (Regardless of
Height)
307 LF $$
11
Construct Sidewalk per City
of La Quinta Standard 240
Mod.
615 SF $$
12
Construct Concrete Curb
Ramps per City of La Quinta
Standard 250 Mod.
9 EA $$
13
Construct Portion of Cross-
Gutter per City of La Quinta
STD 230 Mod. and 231 Mod.
735 SF $$
14 Lower and Raise Drainage
Manhole to Grade 1 EA $$
15 Striping and All Incidentals 1 LS $$
Total Amount of Bid Items 1 – 15 $
Bid Schedule 1210-3
City may award all or none of the following additive alternates:
ADDITIVE ALTERNATE No. 1 –
Item
No.
Item Description Est.
Qty.
Unit Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
1 Lower Sewer Manhole per
CVWD Standards 9 EA $ $
2 Raise Sewer Manhole per
CVWD Standards 9 EA $ $
Total Amount of Bid Items 1 – 2 $
ADDITIVE ALTERNATE No. 2 –
Item
No.
Item Description Est.
Qty.
Unit Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
1 Lower Water Valve per
CVWD Standards 19 EA $ $
2 Raise Water Valve per
CVWD Standards 19 EA $ $
Total Amount of Bid Items 1 – 2 $
ADDITIVE ALTERNATE No. 3 –
Item
No.
Item Description Est.
Qty.
Unit Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
1 Lower Irrigation Valve per
CVWD Standards 3 EA $ $
2 Raise Irrigation Valve per
CVWD Standards 3 EA $ $
Total Amount of Bid Items 1 – 2 $
Bid Schedule 1210-4
ADDITIVE ALTERNATE No. 4 –
Item
No.
Item Description Est.
Qty.
Unit Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
1
Lower Sewer Force Main
Manhole and Valve per
CVWD Standards
1 EA $ $
2
Raise Sewer Force Main
Manhole and Valve per
CVWD Standards
1 EA $ $
Total Amount of Bid Items 1 – 2 $
GRAND TOTAL BASE BID PLUS ALL ADDITIVE ALTERNATES(Figures):
$
GRAND TOTAL BASE BID PLUS ALL ADDITIVE ALTERNATES (Words):
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.
___________________________________________________________
Signature of Bidder (Ink)
___________________________________________________________
Name of Bidder (Printed or Typed)
___________________________________________________________
Bidder Telephone Number
___________________________________________________________
Bidder Email Address
Bid Guaranty Bond 1220-1
SECTION 1220
BID GUARANTY BOND
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. 2020-04
WASHINGTON STREET PAVEMENT REHABILITATION
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
, 2020.
Title of Signatory Title of Signatory
Signature of Principal Signature of Surety
Address Address
Note: Signatures of those executing for the surety must be properly acknowledged.
Bidders Experience & Qualifications 1230-1
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: ______________________________________________________
Owner:______________________________________________________________
Construction Cost:$___________________________________________________
Construction Time:_____________________________Calendar Days
Owner's Representative:______________________________________________
Owner's Telephone No.: _______________________________________________
Date of Substantial Completion:________________________________________
2. Project Name: _______________________________________________________
Owner:______________________________________________________________
Construction Cost:$___________________________________________________
Construction Time:_____________________________Calendar Days
Owner's Representative: ______________________________________________
Owner's Telephone No.:_______________________________________________
Date of Substantial Completion:________________________________________
Bidders Experience & Qualifications 1230-2
3. Project Name: _______________________________________________________
Owner:______________________________________________________________
Construction Cost:$___________________________________________________
Construction Time:_____________________________Calendar Days
Owner's Representative:______________________________________________
Owner's Telephone No.:_______________________________________________
Date of Substantial Completion:________________________________________
4. Project Name: _______________________________________________________
Owner:______________________________________________________________
Construction Cost:$___________________________________________________
Construction Time:_____________________________Calendar Days
Owner's Representative:______________________________________________
Owner's Telephone No.:_______________________________________________
Date of Substantial Completion:________________________________________
Signed this day of , 2020.
Name of Bidder Contractor's License No. DIR Reg No.
Signature of Bidder Expiration Date
Printed Name of Bidder Title of Signatory
Proposed Subcontractors 1240-1
SECTION 1240
PROPOSED SUBCONTRACTORS
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.)
The Contractor shall perform, with its own organization, Contract work amounting
to at least 50 percent of the Contract Price except that any designated “Specialty
Items” may be performed by subcontract and the amount of any such “Specialty
Items” so performed will be deducted from the Contract Price before computing the
amount required to be performed by the Contractor with its own organization.
“Specialty Items” will be identified by the Agency in the Bid or in the Special
Provisions. Where an entire item is subcontracted, the value of work subcontracted
will be based on the Contract Unit Price.
Subcontractor/Business Address/Description of Work/% of Work/License No./DIR Reg No.
Signature of Bidder
Name of Bidder
Non-Collusion Affidavit 1250-1
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, directly or indirectly sought by
contract, 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.
Signature
Name of Bidder
Title
Date
DIR Project Vendor Information 1260-1
SECTION 1260
DIR Project Vendor Information
Vendor Information:
Name:_____________________________________________________________
Address:_______________________________ City:_______________ ST:____
Zip:________
Project Manager:________________________Email:________________________
Phone:_______________________ CSLB/Certification Number: ____________
Public Works Registration No.:_______________________________________
Classification:
Asbestos ____Boilermaker ____Bricklayers ____Carpenter ____Carpet/Linoleum ____
Cement Masons ____Drywall Finisher ____Drywall/Lathers ____Electricians ____
Elevator Mechanic ____Glaziers ____Iron Workers ____Laborers ____Millwrights ____
Operating Eng ____Painters ____Pile Drivers ____Pipe Trades ____Plasterers ____
Roofer____SheetMetal____Sound/Com____Surveyor____Teamster____Tile Worker____
Prevailing Wages and Payroll:
The project is subject to prevailing wage rates and enforcement by the Department
of Industrial Relations (DIR). Prevailing wage rates can be obtained at:
http://www.dir.ca.gov/Public-Works/Prevailing-Wage.html.
Contractors and subcontractors on most public Works projects are required to
submit certified payroll records to the Labor Commissioner using DIR’s electronic
certified payroll reporting system. For your convenience, the link for reporting
certified payroll is: http://www.dir.ca.gov/Public-Works/Certified-Payroll-
Reporting.html.
A copy of certified payroll, including the names and addresses of
employees and/or subcontractors working on the job must be included
with invoices submitted to the City of La Quinta.
Contract 1300-1
SECTION 1300
CONTRACT
THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal
corporation, herein referred to as "City,” and
_______________________________, herein referred to as, "Contractor."
W I T N E S S E T H:
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. 2020-04, Washington Street
Pavement Rehabilitation in the City of La Quinta, California pursuant to the
Invitation to Bid, dated July 2020, the project Specifications, and Contractor's Bid,
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 the pavement rehabilitation (grind, overlay, dig-outs,
and curb ramps) on Washington Street and the 1
st striping coat on Washington
Street shall be completed within 20 working days from the date specified in the
Notice to Proceed. All striping shall be completed within 40 working days from the
date specified in the Notice to Proceed.
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 (Type in correct dollar amount
using currency format)____________________________________________
($_____,_____.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. The Contractor shall not knowingly pay less than the general prevailing rate
for per diem wages, as determined by the State of California Department of
Industrial Relations and referred to in the Invitation to Bid, to any workman
employed for the work to be performed under this contract; and the Contractor
shall forfeit as a penalty to the City the sum of Twenty-Five Dollars ($25.00) for
each calendar day, or fraction thereof, for such workman paid by him or by any
subcontractor under him in violation of this provision (Sections 1770-1777, Labor
Code of California).
Contract 1300-2
Pursuant to Section 1770, et. seq., of the California Labor Code, the successful
bidder shall pay not less than the prevailing rate of per diem wages as determined
by the Director of the California Department of Industrial Relations. These wage
rates are available from the California Department of Industrial Relations’ Internet
website at http://www.dir.ca.gov.
Pursuant to Section 1725.5 of the California Labor Code, no contractor or
subcontractor may be awarded a contract for public work on a public works project
unless registered with the Department of Industrial Relations at the time the
contract is awarded. Contractors and subcontractors may find additional
information for registering at the Department of Industrial Relations website at
http://www.dir.ca.gov/Public-Works/PublicWorks.html.
Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be
listed on a bid proposal for a public works project submitted on or after March 1,
2015 unless registered with the Department of Industrial Relations. Furthermore,
all bidders and contractors are hereby notified that no contractor or subcontractor
may be awarded, on or after April 1, 2015, a contract for public work on a public
works project unless registered with the Department of Industrial Relations.
Pursuant to Labor Code section 1771.4, all bidders are hereby notified that this
project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
7. 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.
8. Except for the gross negligence or willful misconduct of an Indemnified Party
(as hereinafter defined), the Contractor hereby assumes liability for and agrees to
defend (at Indemnified Parties’ option), indemnify, protect and hold harmless City
and its Project Consultants, and Engineers, officers, agents, and employees
(“Indemnified Parties”) from and against any and all claims, charges, damages,
demands, actions, proceedings, losses, stop notices, costs, expenses (including
counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature
whatsoever, which may be sustained or suffered by or secured against the
Indemnified Parties arising out of or encountered in connection with this Contract or
the performance of the Work including, but not limited to, death of or bodily or
personal injury to persons or damage to property, including property owned by or
under the care and custody of City, and for civil fines and penalties, that may arise
from or be caused, in whole or in part, by any negligent or other act or omission of
Contractor, its officers, agents, employees or Subcontractors including, but not
limited to, liability arising from:
1. Any dangerous, hazardous, unsafe or defective condition of, in or on the
premises, of any nature whatsoever, which may exist by reason of any
act, omission, neglect, or any use or occupation of the premises by
Contractor, its officers, agents, employees, or subcontractors;
2. Any operation conducted upon or any use or occupation of the premises
by Contractor, its officers, agents, employees, or subcontractors under or
pursuant to the provisions of this contract or otherwise;
Contract 1300-3
3. Any act, omission or negligence of Contractor, its officers, agents,
employees, or Subcontractors;
4. Any failure of Contractor, its officers, agents or employees to comply with
any of the terms or conditions of this Contract or any applicable federal,
state, regional, or municipal law, ordinance, rule or regulation; and
5. The conditions, operations, uses, occupations, acts, omissions or
negligence referred to in Sub-subsections (1), (2), (3), and (4), existing
or conducted upon or arising from the use or occupation by Contractor on
any other premises in the care, custody and control of City.
The Contractor also agrees to indemnify City and pay for all damages or loss
suffered by City including but not limited to damage to or loss of City property, to
the extent not insured by City and loss of City revenue from any source, caused by
or arising out of the conditions, operations, uses, occupations,acts, omissions or
negligence referred to in Sub-subsections (1), (2), (3), (4) and (5).
Contractor’s obligations under this Section apply regardless of whether or not such
claim, charge, damage, demand, action, proceeding, loss, stop notice, cost
expense, judgment, civil fine or penalty, or liability was caused in part or
contributed to by an Indemnified Party. However, without affecting the rights of
City under any provision of this contract, Contractor shall not be required to
indemnify and hold harmless City for liability attributable to the active negligence of
City, provided such active negligence is determined by agreement between the
parties or by the findings of a court of competent jurisdiction. In instances where
City is shown to have been actively negligent and where City’s active negligence
accounts for only a percentage of the liability involved, the obligation of Contractor
will be for that entire portion or percentage of liability not attributable to the active
negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this section from each and every subcontractor
or any other person or entity involved by, for, with or on behalf of Contractor in the
performance of this contract. In the event Contractor fails to obtain such indemnity
obligations from others as required here, Contractor agrees to be fully responsible
according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder. This
obligation to indemnify and defend City as set forth here is binding on the
successors, assigns or heirs of Contractor and shall survive the termination of this
contract or this section.
This indemnity shall survive termination of the Contract or Final Payment
hereunder. This Indemnity is in addition to any other rights or remedies that the
Indemnified Parties may have under the law or under any other Contract
Documents or Agreements. In the event of any claim or demand made against any
party which is entitled to be indemnified hereunder, City may, in its sole discretion,
reserve, retain or apply any monies to the Contractor under this Contract for the
Contract 1300-4
purpose of resolving such claims; provided, however, City may release such funds if
the Contractor provides City with reasonable assurance of protection of the
Indemnified Parties’ interests. City shall, in its sole discretion, determine whether
such assurances are reasonable.
Approval of any insurance contracts by the City does not relieve the Contractor or
subcontractors from liability under Section 1340-1.0, Indemnification of the
Specifications. The City will not be liable for any accident, loss, or damage to the
work prior to its completion and acceptance.
9. 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, Section 1340-2.0,
Insurance Requirements. 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 written
notice to the City and shall name the City as an additional insured on the
Commercial General Liability policy only. 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.
10. 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.
11. 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 $1,607.00 liquidated damages for each such breach
committed under this contract.
Contract 1300-5
12.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.
13. This Contract shall not be assignable by Contractor without the written
consent of City.
14. Contractor shall notify the City Engineer (in writing) forthwith when the
Contract is deemed completed.
15. 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.
16. Contractor certifies that it is the holder of any necessary California State
Contractor's License and authorized to undertake the above work.
17. 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.
18. The Contractor shall maintain and preserve all such records for a period of at
least three years after termination of the contract.
19. 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.
20. 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.
Contract 1300-6
IN WITNESS WHEREOF, the parties have executed this Contract as of
the dates stated below.
"CITY"
CITY OF LA QUINTA
a California municipal corporation
Dated: By:
Jon McMillen, City Manager
ATTEST:
________________________________Dated:
Monika Radeva, City Clerk
APPROVED AS TO FORM:
Dated:
City Attorney
"CONTRACTOR"
(If corporation, affix seal)
Dated: By:
Signature
Name: Title:
Print Name
Address:____________________________________________________
Street Address City State Zip Code
Dated: By:
Signature
Name: Title:
Print Name
Address:____________________________________________________
Street Address City State Zip Code
Faithful Performance Bond 1310-1
SECTION 1310
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of La Quinta, a municipal corporation, hereinafter designated
the City, has, on , 2020, awarded to
, hereinafter designated as the Principal, a Contract for Project
No. 2020-04, Washington Street Pavement Rehabilitation 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
DOLLARS ($ )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.
Faithful Performance Bond 1310-2
IN WITNESS WHEREOF, the Principal and Surety have executed this
instrument under their seals
this day of , 2020, 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
Payment Bond 1320-1
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 , 2020, awarded to
, hereinafter designated as the Principal, a Contract
for Project No. 2020-04, Washington Street Pavement Rehabilitation.
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
DOLLARS ($ )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 1320-2
IN WITNESS WHEREOF, the Principal and Surety have executed this
instrument under their seals
this day of , 2020, 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
Workers Compensation Insurance Certificate 1330-1
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
Liability and Insurance Requirements 1340-1
SECTION 1340
LIABILITY AND INSURANCE REQUIREMENTS
1.0 INDEMNIFICATION
Except for the gross negligence or willful misconduct of an Indemnified Party
(as hereinafter defined), the Contractor hereby assumes liability for and agrees
to defend (at Indemnified Parties’ option), indemnify, protect and hold
harmless City and its Project Consultants, and Engineers, officers, agents, and
employees (“Indemnified Parties”) from and against any and all claims,
charges, damages, demands, actions, proceedings, losses, stop notices, costs,
expenses (including counsel fees), judgments, civil fines and penalties,
liabilities of any kind or nature whatsoever, which may be sustained or suffered
by or secured against the Indemnified Parties arising out of or encountered in
connection with this Contract or the performance of the Work including, but
not limited to, death of or bodily or personal injury to persons or damage to
property, including property owned by or under the care and custody of City,
and for civil fines and penalties, that may arise from or be caused, in whole or
in part, by any negligent or other act or omission of Contractor, its officers,
agents, employees or Subcontractors including, but not limited to, liability
arising from:
1. Any dangerous, hazardous, unsafe or defective condition of, in or on the
premises, of any nature whatsoever, which may exist by reason of any
act, omission, neglect, or any use or occupation of the premises by
Contractor, its officers, agents, employees, or subcontractors;
2. Any operation conducted upon or any use or occupation of the premises
by Contractor, its officers, agents, employees, or subcontractors under
or pursuant to the provisions of this contract or otherwise;
3. Any act, omission or negligence of Contractor, its officers, agents,
employees, or Subcontractors;
4. Any failure of Contractor, its officers, agents or employees to comply
with any of the terms or conditions of this Contract or any applicable
federal, state, regional, or municipal law, ordinance, rule or regulation;
and
5. The conditions, operations, uses, occupations, acts, omissions or
negligence referred to in Sub-subsections (1), (2), (3), and (4), existing
or conducted upon or arising from the use or occupation by Contractor
on any other premises in the care, custody and control of City.
The Contractor also agrees to indemnify City and pay for all damages or loss
suffered by City including but not limited to damage to or loss of City property,
to the extent not insured by City and loss of City revenue from any source,
caused by or arising out of the conditions, operations, uses, occupations, acts,
omissions or negligence referred to in Sub-subsections (1), (2), (3), (4) and
(5).
Liability and Insurance Requirements 1340-2
Contractor’s obligations under this Section apply regardless of whether or not
such claim, charge, damage, demand, action, proceeding, loss, stop notice,
cost expense, judgment, civil fine or penalty, or liability was caused in part or
contributed to by an Indemnified Party.
However, without affecting the rights of City under any provision of this
Contract, Contractor shall not be required to indemnify and hold harmless City
for liability attributable to the active negligence of City, provided such active
negligence is determined by Contract between the parties or by the findings of
a court of competent jurisdiction. In instances where City is shown to have
been actively negligent and where City’s active negligence accounts for only a
percentage of the liability involved, the obligation of Contractor will be for that
entire portion or percentage of liability not attributable to the active negligence
of City.
Contractor agrees to obtain executed indemnity agreements with provisions
identical to those set forth here in this section from each and every
subcontractor or any other person or entity involved by, for, with or on behalf
of Contractor in the performance of this Contract. In the event Contractor fails
to obtain such indemnity obligations from others as required here, Contractor
agrees to be fully responsible according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no
additional obligations on City and will in no way act as a waiver of any rights
hereunder. This obligation to indemnify and defend City as set forth here is
binding on the successors, assigns or heirs of Contractor and shall survive the
termination of this Contract or this section.
This indemnity shall survive termination of the Contract or Final Payment
hereunder. This Indemnity is in addition to any other rights or remedies that
the Indemnified Parties may have under the law or under any other Contract
Documents or Agreements. In the event of any claim or demand made against
any party which is entitled to be indemnified hereunder, City may, in its sole
discretion, reserve, retain or apply any monies to the Contractor under this
Contract for the purpose of resolving such claims; provided, however, City may
release such funds if the Contractor provides City with reasonable assurance
of protection of the Indemnified Parties’ interests. City shall, in its sole
discretion, determine whether such assurances are reasonable.
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.
Liability and Insurance Requirements 1340-3
2.0 INSURANCE REQUIREMENTS
2.1 General
Prior to the beginning of and throughout the duration of the Work, Contractor
will maintain insurance in conformance with the requirements set forth below.
Contractor will use existing coverage to comply with these requirements. If
that existing coverage does not meet the requirements set forth here, it will
be amended to do so. Contractor acknowledges that the insurance coverage
and policy limits set forth in this section constitute the minimum amount of
coverage required. Any insurance proceeds available to City in excess of the
limits and coverage required in this Contract and which is applicable to a given
loss, will be available to City.
Contractor 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.
Contractor shall provide the following types and amounts of insurance:
2.2 Insurance
Prior to the beginning of and throughout the duration of this Agreement, the
following policies shall be maintained and kept in full force and effect providing
insurance with minimum limits as indicated below and issued by insurers with
A.M. Best ratings of no less than A-VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$2,000,000 (per occurrence)
$4,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Noncontributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Liability and Insurance Requirements 1340-4
Personal Auto Declaration Page if applicable
Workers’ Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable
Contracting Party shall procure and maintain, at its cost, and submit
concurrently with its execution of this Agreement, Commercial General Liability
insurance against all claims for injuries against persons or damages to property
resulting from Contracting Party's acts or omissions rising out of or related to
Contracting Party's performance under this Agreement. The insurance policy
shall contain a severability of interest clause providing that the coverage shall
be primary for losses arising out of Contracting Party's performance hereunder
and neither City nor its insurers shall be required to contribute to any such
loss. An endorsement evidencing the foregoing and naming the City and its
officers and employees as additional insured (on the Commercial General
Liability policy only) must be submitted concurrently with the execution of this
Agreement and approved by City prior to commencement of the services
hereunder.
Contracting Party shall carry automobile liability insurance of $1,000,000 per
accident against all claims for injuries against persons or damages to property
arising out of the use of any automobile by Contracting Party, its officers, any
person directly or indirectly employed by Contracting Party, any subcontractor
or agent, or anyone for whose acts any of them may be liable, arising directly
or indirectly out of or related to Contracting Party's performance under this
Agreement. If Contracting Party or Contracting Party’s employees will use
personal autos in any way on this project, Contracting Party shall provide
evidence of personal auto liability coverage for each such person. The term
“automobile” includes, but is not limited to, a land motor vehicle, trailer or
semi-trailer designed for travel on public roads. The automobile insurance
policy shall contain a severability of interest clause providing that coverage
shall be primary for losses arising out of Contracting Party's performance
hereunder and neither City nor its insurers shall be required to contribute to
such loss.
Liability and Insurance Requirements 1340-5
Professional Liability or Errors and Omissions Insurance as appropriate shall
be written on a policy form coverage specifically designed to protect against
acts, errors or omissions of the Contracting Party and “Covered Professional
Services” as designated in the policy must specifically include work performed
under this agreement. The policy limit shall be no less than $1,000,000 per
claim and in the aggregate. The policy must “pay on behalf of” the insured
and must include a provision establishing the insurer’s duty to defend. The
policy retroactive date shall be on or before the effective date of this
agreement.
Contracting Party shall carry Workers' Compensation Insurance in accordance
with State Worker's Compensation laws with employer’s liability limits no less
than $1,000,000 per accident or disease.
If coverage is maintained on a claims-made basis, Contracting Party shall
maintain such coverage for an additional period of three (3) years following
termination of the contract.
Contracting Party shall provide written notice to City within ten (10) working
days if: (1) any of the required insurance policies is terminated; (2) the limits
of any of the required polices are reduced; or (3) the deductible or self-insured
retention is increased. In the event any of said policies of insurance are
cancelled, Contracting Party shall, prior to the cancellation date, submit new
evidence of insurance in conformance with this Exhibit to the Contract Officer.
The procuring of such insurance or the delivery of policies or certificates
evidencing the same shall not be construed as a limitation of Contracting
Party’s obligation to indemnify City, its officers, employees, contractors,
subcontractors, or agents.
2.3 Remedies
In addition to any other remedies City may have if Contracting Party fails to
provide or maintain any insurance policies or policy endorsements to the
extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Contracting Party to stop work under this Agreement and/or
withhold any payment(s) which become due to Contracting Party
hereunder until Contracting Party demonstrates compliance with the
requirements hereof.
c. Terminate this Agreement.
Liability and Insurance Requirements 1340-6
Exercise of any of the above remedies, however, is an alternative to any other
remedies City may have. The above remedies are not the exclusive remedies
for Contracting Party's failure to maintain or secure appropriate policies or
endorsements. Nothing herein contained shall be construed as limiting in any
way the extent to which Contracting Party may be held responsible for
payments of damages to persons or property resulting from Contracting Party's
or its subcontractors' performance of work under this Agreement.
2.4 General Conditions Pertaining to Provisions of Insurance Coverage by
Contracting Party. Contracting Party and City agree to the following with
respect to insurance provided by Contracting Party:
1. Contracting Party agrees to have its insurer endorse the third-party general
liability coverage required herein to include as additional insureds City, its
officials, employees, and agents, using standard ISO endorsement No. CG
2010 with an edition prior to 1992. Contracting Party also agrees to require
all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contracting Party, or Contracting Party’s employees, or agents, from
waiving the right of subrogation prior to a loss. Contracting Party agrees to
waive subrogation rights against City regardless of the applicability of any
insurance proceeds, and to require all contractors and subcontractors to do
likewise.
3. All insurance coverage and limits provided by Contracting Party and available
or applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating
to City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not
been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for
bodily injury to an employee of the insured or of any contractor or
subcontractor.
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises.
Contracting Party shall not make any reductions in scope of coverage (e.g.
elimination of contractual liability or reduction of discovery period) that may
affect City’s protection without City’s prior written consent.
Liability and Insurance Requirements 1340-7
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an
additional insured endorsement to Contracting Party’s general liability policy,
shall be delivered to City at or prior to the execution of this Agreement. In the
event such proof of any insurance is not delivered as required, or in the event
such insurance is canceled at any time and no replacement coverage is
provided, City has the right, but not the duty, to obtain any insurance it deems
necessary to protect its interests under this or any other agreement and to
pay the premium. Any premium so paid by City shall be charged to and
promptly paid by Contracting Party or deducted from sums due Contracting
Party, at City option.
8. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Contracting Party or any subcontractor, is intended
to apply first and on a primary, non-contributing basis in relation to any other
insurance or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any other party
involved with the project that is brought onto or involved in the project by
Contracting Party, provide the same minimum insurance coverage required of
Contracting Party. Contracting Party agrees to monitor and review all such
coverage and assumes all responsibility for ensuring that such coverage is
provided in conformity with the requirements of this section. Contracting Party
agrees that upon request, all agreements with subcontractors and others
engaged in the project will be submitted to City for review.
10. Contracting Party agrees not to self-insure or to use any self-insured retentions
or deductibles on any portion of the insurance required herein (with the
exception of professional liability coverage, if required) and further agrees that
it will not allow any contractor, subcontractor, Architect, Engineer or other
entity or person in any way involved in the performance of work on the project
contemplated by this agreement to self-insure its obligations to City. If
Contracting Party’s existing coverage includes a deductible or self-insured
retention, the deductible or self-insured retention must be declared to the City.
At that time the City shall review options with the Contracting Party, which
may include reduction or elimination of the deductible or self-insured retention,
substitution of other coverage, or other solutions.
11. The City reserves the right at any time during the term of this Agreement to
change the amounts and types of insurance required by giving the Contracting
Party ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Contracting Party, the City will
negotiate additional compensation proportional to the increased benefit to
City.
12. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any
steps that can be deemed to be in furtherance of or towards performance of
this Agreement.
Liability and Insurance Requirements 1340-8
13. Contracting Party acknowledges and agrees that any actual or alleged failure
on the part of City to inform Contracting Party of non-compliance with any
insurance requirement in no way imposes any additional obligations on City
nor does it waive any rights hereunder in this or any other regard.
14. Contracting Party will renew the required coverage annually as long as City, or
its employees or agents face an exposure from operations of any type pursuant
to this agreement. This obligation applies whether or not the agreement is
canceled or terminated for any reason. Termination of this obligation is not
effective until City executes a written statement to that effect.
15. Contracting Party shall provide proof that policies of insurance required herein
expiring during the term of this Agreement have been renewed or replaced
with other policies providing at least the same coverage. Proof that such
coverage has been ordered shall be submitted prior to expiration. A coverage
binder or letter from Contracting Party’s insurance agent to this effect is
acceptable. A certificate of insurance and/or additional insured endorsement
as required in these specifications applicable to the renewing or new coverage
must be provided to City within five (5) days of the expiration of coverages.
16. The provisions of any workers’ compensation or similar act will not limit the
obligations of Contracting Party under this agreement. Contracting Party
expressly agrees not to use any statutory immunity defenses under such laws
with respect to City, its employees, officials, and agents.
17. Requirements of specific coverage features, or limits contained in this section
are not intended as limitations on coverage, limits or other requirements nor
as a waiver of any coverage normally provided by any given policy. Specific
reference to a given coverage feature is for purposes of clarification only as it
pertains to a given issue, and is not intended by any party or insured to be
limiting or all-inclusive.
18. These insurance requirements are intended to be separate and distinct from
any other provision in this Agreement and are intended by the parties here to
be interpreted as such.
19. The requirements in this Exhibit supersede all other sections and provisions of
this Agreement to the extent that any other section or provision conflicts with
or impairs the provisions of this Exhibit.
20. Contracting Party agrees to be responsible for ensuring that no contract used
by any party involved in any way with the project reserves the right to charge
City or Contracting Party for the cost of additional insurance coverage required
by this agreement. Any such provisions are to be deleted with reference to
City. It is not the intent of City to reimburse any third party for the cost of
complying with these requirements. There shall be no recourse against City
for payment of premiums or other amounts with respect thereto.
Liability and Insurance Requirements 1340-9
21. Contracting Party agrees to provide immediate notice to City of any claim or
loss against Contracting Party arising out of the work performed under this
agreement. City assumes no obligation or liability by such notice, but has the
right (but not the duty) to monitor the handling of any such claim or claims if
they are likely to involve City.
2.5 Change 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:
Jon McMillen, City Manager
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
General Conditions 1400-1
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. Technical Specifications
9. Standard Specifications
10. Reference Specifications
11. Plans
12. Standard Plans
General Conditions 1400-2
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, contracts, 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 the 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.
General Conditions 1400-3
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.
Masculine gender words include 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.
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.
General Conditions 1400-4
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.
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 - 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.
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
Contract
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.
General Conditions 1400-5
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.
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.
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.
Field Directive - Written documentation of the actions of the City or City
Engineer in directing the Contractor. Also referred to as a Directive.
Field 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 Project 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.
General Conditions 1400-6
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 fixed amount as prescribed in Paragraph 1500-3.0, 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 Bidder informing him that
the Contract has been awarded to him.
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) in
these Specifications, 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.
General Conditions 1400-7
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.
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.
General Conditions 1400-8
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.
Surety - 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.
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.
General Conditions 1400-9
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.
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.
General Conditions 1400-10
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.
Contractor shall call in daily for inspections, unless otherwise approved
by the City, at Public Works Inspection Hotline 760-777-7097. Concrete
inspections will be required separately for all stages of the work:
subgrade; forming; and pouring.
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.
General Conditions 1400-11
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 Contract.
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.
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.
General Conditions 1400-12
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.
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.
General Conditions 1400-13
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 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.
General Conditions 1400-14
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 judgement or award against the City arises from any such litigation
whether defended by City or by Contractor, the Contractor shall pay or satisfy
said judgement 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 startup 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 file holder 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 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 falsework)
and demolition required by CAL/OSHA including but not limited to, the permits
required by Labor Code Section 6500.
General Conditions 1400-15
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 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, 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 Construction Registration with California Department of Industrial
Relations - A contractor or subcontractor shall not be qualified to bid on,
be listed in a bid proposal, subject to the requirements of Section 4104 of
the Public Contract Code, or engage in the performance of any contract for
public works, as defined in Chapter 1 (commencing with Section 1720) of
Part 7 of Division 2 the Labor Code, unless currently registered and qualified
to perform public works pursuant to Section 1725.5 of the Labor Code. Prior
to March 1, 2015, it is not a violation of this section for an unregistered
contractor to submit a bid that is authorized by Section 7029.1 of the
Business and Professions Code or by Section 10164 or 20103.5 of the Public
Contract Code, provided the contractor is registered to perform public works
pursuant to Section 1725.5 of the Labor Code prior to April 1, 2015.
Effective March 1, 2015, only contractors and subcontractors that are
registered to perform public works pursuant to Section 1725.5 of the Labor
Code may submit a bid for a public works project. Effective April 1, 2015,
contractors and subcontractors not registered to perform public works
pursuant to Section 1725.5 of the Labor Code may not engage in the
performance of a public works project awarded after April 1, 2015.
General Conditions 1400-16
4.11.2 Prevailing Wage - In accordance with Section 1770 of the Labor Code, the
City has ascertained and does hereby specify that the prevailing wage rates
shall be those provided in Article 1110-20.0, WAGE RATES. The said rates
shall include all employer payments that are required by Section 1773.1 of
the Labor Code. The City will furnish to the Contractor, upon request, a
copy of such prevailing rates. It shall be the duty of the Contractor to post
a copy of such prevailing wages at the job site.
For each worker paid less than the stipulated rate in the execution of the
Contract by the Contractor, or any subcontractor under him, in violation of
the provisions of the Labor Code, and in particular, Section 1770 to Section
1780, inclusive, the Contractor shall be subject to the provisions and
penalties of Section 1775 of the Labor Code. In addition to said penalty,
and pursuant to said Section 1775, the difference between such stipulated
prevailing wage rates and the amounts paid to each worker for each
calendar day, or portion thereof, for which each worker was paid less than
the stipulated prevailing rate shall be paid to each worker by the Contractor.
The wage rates set forth are the minimum that may be paid by the
Contractor. Nothing herein contained shall be construed as preventing the
Contractor from paying more than the minimum set forth.
No extra compensation whatever shall be allowed by the City due to the
inability of the Contractor to hire labor at the minimum rate nor for any
necessity for payment by the Contractor for subsistence, travel time,
overtime, or other added compensation, all of which possibilities are
elements to be considered and ascertained to the Contractor's own
satisfaction in preparing the bid.
If it becomes necessary to employ a craft other than those listed, the
Contractor shall notify the City immediately and the City will determine the
additional prevailing rate from the Director of the Department of Industrial
Relations and the rate thus determined shall be applicable as a minimum at
the time of initial employment.
The Contractor shall pay travel and subsistence payments to workers
needed to execute the work as such travel and subsistence payments are
defined in the applicable collective bargaining agreement filed with the
Department of Industrial Relations pursuant to Labor Code Section 1773.8.
Pursuant to Labor Code section 1771.1, no contractor or subcontractor may
be listed on a bid proposal for a public works project submitted on or after
March 1, 2015 unless registered with the California Department of Industrial
Relations. Furthermore, all bidders and contractors are hereby notified that
no contractor or subcontractor may be awarded, on or after April 1, 2015,
a contract for public work on a public works project unless registered with
the Department of Industrial Relations.
General Conditions 1400-17
Pursuant to Labor Code section 1771.4, all bidders and contractors are
hereby notified that this project is subject to compliance monitoring and
enforcement by the California Department of Industrial Relations.
4.11.3 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.Pursuant to SB854, all contractors and subcontractors must
furnish electronic certified payroll records directly to the Labor
Commissioner (aka Division of Labor Standards Enforcement).
All contractors and subcontractors must also provide a copy
and proof to the City of online submittal within 2 days of online
submission.
b. 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.
c. 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.
d. 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.
The Contractor is responsible for its and its subcontractors compliance with
the provisions of Section 1776 of the Labor Code.
4.11.4 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 (1½) times the basic rate of
pay as provided for in Section 1815 of the Labor Code.
General Conditions 1400-18
4.11.5 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.
4.11.6 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.
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.
General Conditions 1400-19
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 of performing work except in those
instances where the nature of the completed Work is dependent on the method
of performance.
General Conditions 1400-20
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.
General Conditions 1400-21
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.
Any work done beyond the limits of work, lines, and grades shown on any
approved plans or 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.
General Conditions 1400-22
6.0PROGRESS 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 3000-1.6 TIME ALLOWED FOR
COMPLETION. 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.
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.
General Conditions 1400-23
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.
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.
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 IMPACT ANALYSIS.
General Conditions 1400-24
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- 2.1, 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.
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.
General Conditions 1400-25
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 full 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.
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.
General Conditions 1400-26
The Contractor as directed by the City shall provide the provisions as
stipulated in Paragraph 1400-6.6.2 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 there from 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.
General Conditions 1400-27
7.0CHANGES 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 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.
General Conditions 1400-28
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 in 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 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.
7.3 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 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.
General Conditions 1400-29
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 marshal 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 1400-30
I, (must be an officer) , 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.
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.
General Conditions 1400-31
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 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 1400-7.3.3.4, 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):
General Conditions 1400-32
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 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 3 of 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 Contract 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 monthly basis,
receipt of which shall not be construed as an authorization for or acceptance
of the disputed work.
General Conditions 1400-33
8.0PROJECT 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
Payment), when directed in writing and administered by the City through
its agents.
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.
General Conditions 1400-34
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:
x Direct Labor 25 percent
x Materials 15 percent
x 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.
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.
General Conditions 1400-35
d. To the total of the actual costs and fees allowed hereinunder, not more than
two (2) percent shall be added for additional bond and insurance other than
labor insurance.
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:
x A fixed fee not to exceed fifteen (15) percent of the costs of Items a, b, and
c above.
General Conditions 1400-36
x 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 sub tier-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 sub tier-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.
General Conditions 1400-37
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.
The Contractor shall maintain its records in such a manner as to provide 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 within Section 2000, Special Provisions, Paragraph 4.3 Time
Impact Analysis.
General Conditions 1400-38
9.0PAYMENT
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 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.
General Conditions 1400-39
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 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.
General Conditions 1400-40
No such estimate or payment shall be required to be made, when in the
judgement of the City Engineer, the Work is not proceeding in accordance with
the provisions of the Contract, or when in the City Engineer's judgement, 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, five (5) 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 contract 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 contract.
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.
General Conditions 1400-41
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 judgement may be necessary to cover:
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.
l. Reduction of Contract Amount because of modifications.
m. 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.
General Conditions 1400-42
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.
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.
General Conditions 1400-43
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 be 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.
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
Supplemental General Conditions 1500-1
SECTION 1500
SUPPLEMENTAL GENERAL CONDITIONS
1.0 CITY ENGINEER
The City Engineer for the City of La Quinta is:
Bryan McKinney, P.E.
Public Works Director/City Engineer
78-495 Calle Tampico
La Quinta, CA 92253
Phone: (760) 777-7045
2.0 CONSULTANTS
2.1 Design Engineer
Lorissa Gruehl, P.E.
NAI Consulting
68-955 Adelina Road
Cathedral City, CA 92234
(760) 323-5344
2.2 Materials Testing
Materials testing for this project will be provided by the City. The City inspector will
notify the Contractor when materials will be tested. However, testing may be random
as determined by City.
2.3 Survey
Not applicable. If survey is needed for this project it will be provided by the City.
The Contractor's requests for surveying shall be made to the Engineer a minimum of
forty-eight (48) hours prior to the time requested for said work. All requests for survey
work shall be approved by the City prior to issue of survey request.
If construction staking is provided and subsequently removed whether accidentally or
otherwise, or the contractor desires additional staking from the above sets, the
Contractor will be charged for re-staking at a fee of $245.00 per hour (4-hour
minimum).
3.0 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 Contract; 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 $3,000
per work 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.
Supplemental General Conditions 1500-2
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.
4.0 SUBMITTALS
1. Definitions
A. Shop Drawings, Product Data and Samples: Instruments prepared
and submitted by Contractor, for Contractor’s benefit, to
communicate to Engineer the Contractor’s understanding of the
design intent, for review and comment by Engineer on the
conformance of the submitted information to the general intent of
the design. Shop drawings, product data and samples are not
Contract Documents.
B. Shop Drawings: Drawings, diagrams, schedules and illustrations,
with related notes, specially prepared for the Work of the Contract,
to illustrate a portion of the Work.
C. Product Data: Standard published information (“catalog cuts”) and
specially prepared data for the Work of the Contract, including
standard illustrations, schedules, brochures, diagrams, performance
charts, instructions and other information to illustrate a portion of
the Work.
D. Samples: Physical examples that demonstrate the materials,
finishes, features, workmanship and other characteristics of a
portion of the Work. Accepted samples shall serve as quality basis
for evaluating the Work.
E. Other Submittals: Technical data, test reports, calculations,
surveys, certifications, special warranties and guarantees, operation
and maintenance data, extra stock and other submitted information
and products shall also not be considered to Contract Documents
but shall be information from Contractor to Engineer to illustrate a
potion of the Work for confirmation of understanding of design
intent.
Supplemental General Conditions 1500-3
2. Review of Submittals
A. Submittals shall be a communication aid between Contractor and
the Engineer by which interpretation of Contract Documents
requirements may be confirmed in advance of construction.
1. Reviews by Engineer and other design professionals shall be
only for general conformance with the design concept of the
Project and general compliance with the Drawings and
Specifications.
2. Engineer will review submittals as originally submitted and
the first resubmission. Costs for additional reviews shall be
reimbursed by Contractor to Owner by deductive Change
Order.
3. All submittals shall be approved by the Engineer and/or City
prior to installation
3. Required Submittals (May include but are not limited to):
A. Traffic Control
B. Schedule
C. Material certifications (including green paint)
D. Asphalt Mix Design
E. Aggregate Base
F. Concrete Mix Design
G. ADA Dome Tiles
END OF SECTION
General Project Requirements 2000-1
SECTION 2000
DIVISION 2 - GENERAL PROJECT REQUIREMENTS
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 from the
publisher, Building News Inc., as follows:
Bookstore Locations: see website for Southern California locations
Website: www.bnibooks.com
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.
1.1 Alternative Specifications – The Standard Specifications shall apply to this
project unless specifically referenced otherwise in the Contract Documents. Wherever
“State Standard Specifications”are referenced, it shall mean the Standard
Specifications, 2010, edition, published by the State of California Department of
Transportation, and wherever the “State Standard Plans”are referenced in the
Contract Documents, it shall mean the Standard Plans, 2010, edition, published by the
State of California Department of Transportation.
The Contractor may request bound copies of these documents from Caltrans at:
California Department of Transportation
Publication Distribution Unit
1900 Royal Oaks Drive
Sacramento, CA 95815-3800
(916) 263-0822, (916) 263-0865
Or, download these documents at no cost from the Caltrans website:
http://www.dot.ca.gov/hq/esc/oe/construction_contract_standards/std_specs/2010_StdS
pecs/2010_StdSpecs.pdf
General Project Requirements 2000-2
Wherever the State Standard Specifications reference, Section 4-1.03d “Extra Work,”
it shall mean Paragraph 1400-7.0 Changes in the Scope of Work of these project
Specifications.
2.0 STANDARD PLANS
The Standard Plans of the City of La Quinta adopted by the City Council on August 21,
2001, shall apply to this project unless specifically stated otherwise in the Contract
Documents.
2.1 Alternative Guidance
2.1.1 California Manual on Uniform Traffic Control Devices (CA MUTCD)
The Standard Plans shall apply to this project unless specifically referenced otherwise
in the Contract Documents. Wherever “CA MUTCD”is referenced, it shall mean the
2014 edition of the California Manual on Uniform Traffic Control Devices, published by
the State of California.
The Contractor may download these documents at no cost from the Caltrans website:
http://www.dot.ca.gov/hq/traffops/engineering/mutcd/ca_mutcd2014.htm
2.1.2 California Building Code, Part 2 (CBC)
The Contractor may download these documents at no cost from the California Building
Standards Commission website:
http://www.ecodes.biz/ecodes_support/Free_Resources/2013California/13Building/13B
uilding_main.html
2.1.3 California Electrical Code, Part 3 (CBC)
The Contractor may download these documents at no cost from the California Building
Standards Commission website:
http://www.bsc.ca.gov/Home/Current2013Codes.aspx
3.0 PRE-CONSTRUCTION CONFERENCE
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 2000-3
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.
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."
General Project Requirements 2000-4
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
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 Weekly Activities Plan
On the last working day of every week the Contractor shall submit to the City Engineer
the Contractor's Plan of Activities for the following two weeks. The Plan of Activities
shall describe the activity and location of the activity.
4.5 Cash Flow Projection
A cash flow projection shall be submitted with the Construction Schedule. This cash
flow projection shall be revised and resubmitted when revisions of the Construction
Schedule will result in changes to the projected cash flow.
4.6 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.
General Project Requirements 2000-5
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.
5.1 Dust Control
The Contractor at its expense shall take whatever steps, procedures, or means as are
required to comply with Section 3000-4.2 and prevent abnormal dust conditions being
caused by its operations in connection with the execution of the Work.
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, unless otherwise
approved by the City:
Monday - Friday 8:00 AM to 5:30 P.M.
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 weekends or holidays recognized by the City. Such costs
shall be withheld from the succeeding monthly progress payment. Any work in Section
3000, SPECIFIC PROJECT REQUIREMENTS, specifically required to be performed
outside the normal working hours are excluded from the provisions of this paragraph.
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.
General Project Requirements 2000-6
Contractor shall provide, 48 hours in advance of an significant forecast of any likely
precipitation rainfall event of 0.5 inches or more, a Rainfall Event Action Plan (REAP)
specific for that event which, when implemented, is designed to protect all expose
construction portions of the site.
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 IMPROVEMENTS AND
PUBLIC
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, persons, or public in general. Contractor shall install fencing, open trench
signs, cones, or other protective devices as directed by the City. Site protection shall
be to the satisfaction of the City Engineer.
General Project Requirements 2000-7
The Contractor shall repair or replace all existing improvements within the
right-of-way, which are not designated for removal (e.g., electrical, lighting,
curbs, sidewalks, survey points, fences, walls, signs, utility 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 near ly the original conditions and location as is
reasonably possible. Lawns shall be covered with sod seeded to the applicable season,
to the satisfaction of City.
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
All existing utilities are shown on the drawings; however, the Contractor is responsible
to verify exact location of all utilities prior to the start of construction. 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 or dial 811. 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 of
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.
General Project Requirements 2000-8
1. Southern California Gas Company, (909) 335-7851
2. Imperial Irrigation District, (760) 398-5823
3. Frontier Communications, (760) 778-3621
4. Coachella Valley Water District, (760) 398-2651
5. Spectrum, (760) 674-5451
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 identified by the Plans, 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 shown on the Plans, Specifications, or in the
General Requirements, 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.
General Project Requirements 2000-9
When the General Requirements, Specifications, or Plans 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.
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.
END OF SECTION
Special Provisions 3000-1
SECTION 3000
DIVISION 3 SPECIAL PROVISIONS
1.0 GENERAL
1.1 Scope of Services
It shall be the contractor’s responsibility to provide and furnish all materials,
tools, labor and incidentals to complete the work as outlined in the Project
Description and as shown in the Project Specifications and Contract Bid
Documents for Project No. 2020-04, Washington Street Pavement
Rehabilitation.
It shall be the Contractor’s responsibility to thoroughly review the project area,
familiarize himself with the scope of proposed work and submit the proposal for
the work accordingly.
1.2 Project Description
The proposed work includes 2-inch grind and overlay on Washington
Street from Calle Tampico to 500’ north of Sagebrush Avenue; including
full depth asphalt concrete dig outs, striping, and curb ramp
reconstruction.All project work and incidental items to complete the project
shall be performed in accordance with the plans, specifications, and other
provisions of the contract. All the above improvements are to be constructed in
a workmanlike manner, leaving the entire project in a neat and presentable
condition.Refer to Section 4000 for more information.
1.3 Project Plans
The area of work is shown on the attached plans titled “Project No. 2020-04,
Washington Street Pavement Rehabilitation.” The plan set consists of six
(6)sheets.
Contractor shall examine all maps, lists and these specifications, in a manner to
be fully cognizant of all work required, and all existing conditions. Bidders are
required to visit the site and verify existing conditions. Make adjustments and
allowances for all necessary equipment to complete all parts of the required
work.
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.
Special Provisions 3000-2
1.5 Cooperation with Other Contractors
Section 7-7 of the Standard Specifications 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 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 affect 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.
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 compensation granted.
1.6 Time Allowed for Construction
In accordance with the provisions of Paragraph 1400-6.2,Time of Completion,
the pavement rehabilitation (grind, overlay, dig-outs, and curb ramps) on
Washington Street and the 1
st striping coat on Washington Street shall be
completed within 20 working days from the date specified in the Notice to
Proceed. All striping shall be completed within 40 working days from the date
specified in the Notice to Proceed.
2.0 BID ITEMS
The bid items presented in the bidders schedule are intended to indicate major
categories of the work for purposes of comparative bid analysis 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.
Special Provisions 3000-3
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 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.
The bid items shown in the bidder’s schedule with "F" designates a final pay
quantity. Quantity of any bid item in excess of the final pay quantity shown on
the 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.
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
deductible 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 3000-4
4.0 WORK DETAILS
4.1 Traffic Control
The Contractor shall provide a traffic control plan, signed by a PE or TE, for
acceptance by the City no later than five (5) working days after issuance of the
Notice of Award. Subsequently, comments and corrections shall be returned to
the Contractor within ten (10) working days. The traffic control plan shall
conform to the following requirements listed in this section:
Traffic controls, including but not limited to, vehicular and pedestrian traffic
controls, maintenance of vehicular and pedestrian access, detours, and street
closures shall be in accordance with Subsection 7-10 of the latest edition of the
“Standard Specifications for Public Works Construction,” including all its
subsequent amendments and the latest edition of the “Work Area Traffic Control
Handbook.”
In the event of conflict, the Special Provisions shall take precedence over the
2014 CAMUTCD. The 2014 CAMUTCD shall take precedence over the plans, and
the plans shall take precedence over the “Standard Specifications.”
Traffic control and the traffic plan shall conform to the following:
a. The traffic control plan shall indicate the traffic control
requirements for the different types of work to be performed. The
Contractor shall be responsible for the preparation of plans as
necessary for specific items of work. These plans shall be
approved by the City Engineer prior to the Contractor commencing
any work.
b. All traffic controls and safety devices, equipment and materials,
including but not limited to, cones, delineators, flashing warning
lights, barricades, high level warning devices (flag trees), flags,
signs, makers, portable barriers, flashing arrow signs, electronic
changeable message signs and markings shall be provided and
maintained in “like new” condition.
c. The Contractor shall furnish and properly install, construct, erect,
use, and continuously inspect and maintain, twenty-four (24)
hours per day, seven (7) days a week, all said devices, equipment
and materials and all temporary and permanent pedestrian and
driving surfaces as necessary to provide for the safety and
convenience of, and to properly warn, guide, control, regulate,
channelize, and protect the vehicular traffic, pedestrian traffic,
project workers, and the public throughout the entire limits of the
work activity and beyond said limits as necessary to include area
affecting or affected by the work, from the start of work to the
completion of the work.
Special Provisions 3000-5
d. High-level warning devices (flag trees) are required at all times for
any work being performed within the roadway unless otherwise
specifically authorized by the City Engineer.
e. All barricades shall be equipped with flashing warning lights, and
all traffic cones shall be no less than twenty-eight (28) inches in
height, except that shorter cones, twelve (12) inches high or
higher, may be used during striping maintenance operations where
the only function of the cones is to protect the wet paint from the
traffic.
f.Portable Changeable Message Signs (PCMS) are required for
this project. A minimum of one (1) PCMS is required in each
direction in advance of each work area as identified by the
City. They shall be placed two (2) weeks in advance of the
start of work and maintained throughout the construction
window. Total count is dependent on Contractor’s proposed
staging plan. A PCMS can be reused at a different location
once the work is complete in that stage.
g. Except as otherwise directed, as shown in the approved traffic
control plan, and/or authorized by the City Engineer, two-way
vehicular traffic shall be maintained at all times within a minimum
of two, 12-foot-wide lanes. At no time shall the Contractor be
allowed to reduce the traveled way to one-way vehicular traffic.
No reduction of the traveled way width shall be permitted between
the hours of 8:30 a.m. and 3:30 p.m., unless otherwise shown in
the approved traffic control plans, or prior authorization to do so is
granted by the City Engineer. No lane closures shall be permitted
or allowed on any City street before 8:30 a.m. and after 3:30
p.m., unless otherwise shown in the approved traffic control plans,
or unless authorization to do so is granted by the City Engineer.
No reduction of traveled way width shall be permitted on any City
street before 8:30 a.m. or after 3:30 p.m., on weekends or
holidays, or when active work is not being done, unless otherwise
shown in the approved traffic control plans, or unless prior
authorization to do so is granted by the City Engineer.
Special Provisions 3000-6
Except as shown in the approved traffic control plans, if traffic
lanes are not kept open for public use on the days, at the times,
and in the manner specified, damage will be sustained by the City
and its residents. Since it is and will be impracticable to
determine the actual damage which the City and its
residents will sustain by reason of Contractor’s failure to
comply with the special provisions outlined herein, the City
and Contractor agree that Contractor will pay to the City the
sum of $200 per hour for each and every hour that any
traffic lane is not kept open for public use as required by
these special provisions, not as a penalty, but as
predetermined liquidated damages.The Contractor agrees to
pay such liquidated damages as are provided for in this paragraph,
and in case the same are not paid, Contractor agrees that City
may deduct the amount of such liquidated damages from any
money that is due or that may be due the Contractor under the
contract.
h. Access to vacant unused property may be restricted at the
Engineer’s discretion. Both vehicular and pedestrian access shall
be maintained at all times to all other property except as otherwise
specifically authorized in writing by the City Engineer.
i. Any traffic control and safety devices and equipment being used
which becomes damaged, destroyed, faded, soiled, misplaced,
worn out, inoperative, lost, or stolen shall be promptly repaired,
refurbished and/or replaced, and any traffic control and safety
devices and equipment being used which are displaced or not in an
upright position from any cause, shall be properly returned or
restored to their proper position.
j. Any obstructed view of all signs and warning devices including but
not limited to stop signs, stop ahead signs, street name signs, and
other regulatory, warning and construction signs, markers, and
warning devices shall be maintained at all times. No trucks or
other equipment or materials shall be stopped, parked, or
otherwise placed so as to obscure said signs, markers and devices
from the view of vehicular and/or pedestrian traffic to which it
applies.
k. When entering or leaving roadways carrying public traffic, the
Contractor’s equipment, whether empty or loaded, shall yield to
said public traffic at all times, except where the traffic is being
controlled by police officers, fire officers or traffic signalized
intersections.
Special Provisions 3000-7
l. Stockpiling and/or storage of materials on any public right-of-way
or parking areas will not be allowed without specific permission of
the City Engineer. Materials spilled on or along said right-of-way
or parking areas shall be kept in a safe, neat, clean, and orderly
fashion, and shall be restored to equal or better than original
condition upon completion of the work.
m. When work has been completed on a particular street or has been
suspended or rescheduled, and said street is to be opened to
vehicular traffic, all equipment, “NO PARKING” signs, other
obstruction, and necessary traffic control devices and equipment
shall be promptly removed from that street except as otherwise
authorized or directed by the City Engineer.
n. Should the Contractor be neglectful, negligent, or refuse, fail, or
otherwise be unavailable to promptly, satisfactorily, and fully
comply with the provisions specified and referred to herein above,
the City reserves the right to correct and/or mitigate any situation,
which in the sole opinion of the City’s Engineer constitutes a
serious deficiency and/or serious case of noncompliance, by any
means at its disposal at the Contractor’s and/or permittee’s
expense, and will deduct the cost therefore from the Contractor’s
progress and/or final payments. Such corrective action taken by
the City shall not reduce or abrogate the Contractor’s legal
obligations and liability for proper traffic control and safety
measures and shall not serve to transfer said obligations and
liabilities from the Contractor to the City or the City’s agents.
o. Violations of any of the above provisions and/or provisions of the
referenced publications, unless promptly and completely corrected
to the satisfaction of the City Engineer, shall, at the sole discretion
of the City, be grounds for termination of the Contract, or
shutdown or partial shutdown of the work, without compensation
to the Contractor and/or permittee, or liability to the City, all as
prescribed by contractual obligation or State law, whichever is
applicable.
p. The Contract item “Traffic Control” shall include labor lights,
barricades, signs, materials, fencing, and equipment necessary to
ensure that the vehicular traffic conforms to requirements as set
forth in this section and as shown on the drawings.
Special Provisions 3000-8
q. The compensation for furnishing, placing, maintaining and
removing traffic cones, telescoping tree flags, advance warning
signs, electronic changeable message signs, barricades, temporary
striping, and other safety devices as required for public safety or
as directed by the City Engineer, shall be considered full
compensation for all labor and materials for complying with these
requirements, and no additional compensation will be made
therefore.
4.2 Dust Control
The Contractor must comply with the City of La Quinta’s Municipal Code,
Chapter 6.16, “Fugitive Dust Control” Ordinance. Dust generated by traffic,
Contractor’s operations, or wind are all included in the definition of dust. The
Contractor will be responsible for watering the work area where dust is
generated from traffic, contractor’s operations and wind. Contractor’s area of
operations includes areas outside of roadbed or trench limits where excavation,
fill, or stockpiling of dirt or debris has taken place. The Contractor is responsible
for monitoring all of the above-described areas in the project area during the life
of the project, including holidays and weekends.
The Contractor shall prepare for review and approval by the City, 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 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.
4.3 Water
The Contractor shall make arrangements with the Coachella Valley Water
District to obtain water from designated fire hydrants at or near the project for
use in dust control. It shall be the responsibility of the contractor to pay for the
water and any deposits required. The cost to furnish and apply water shall be
included in the unit prices for the various items bid and no additional payment
will be allowed therefore.
Special Provisions 3000-9
4.4 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 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.The Contractor will
also be required to obtain a no-cost encroachment permit from the City
of La Quinta.
4.5 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.
4.6 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 adjacent properties, per Section
4000. 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.
Contractor shall update and repost the information in the event the
work is rescheduled.
END OF SECTION
Technical Specifications 4000-1
SECTION 4000
DIVISION 4 - TECHNICAL SPECIFICATIONS
1.0 GENERAL REQUIREMENTS
The Standard Specifications as defined in Section 2000 shall govern the work for this
project. All language in the Standard Specifications 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 of that
Standard Specification section.
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.
2.0 MOBILIZATION (BID ITEM No. 1)
Mobilization shall conform to the provisions in Section 7-3.4, “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.
Mobilization shall be paid for at the Contract Lump Sum Price as shown on the Bid
Schedule. Fifty percent (50%) of the lump sum price will be paid upon successful
move in and completion of mobilization. The remaining fifty percent (50%) shall be
paid after the contractor is completely demobilized and all project sites have
satisfactorily been restored and the project cleanup is completed.
3.0 TRAFFIC CONTROL (BID ITEM No. 2)
Delete the provisions of Sections 2-5.4, “Haul Routes” and Section 600, “Access”.
Traffic Control shall comply with Section 3000-4.1 and these special provisions.
The Contractor may request to perform striping as night work at their own
expense. The City has the right to deny the request.
Contractor may request to maintain 24/7 lane closures at their own
expense. The City has the right to deny the request.
Access to Sagebrush Avenue must be maintained at all time, Contractor shall
stage work accordingly.
Technical Specifications 4000-2
The application of slurry shall be applied in a manner and schedule that the
slurry will be cured and open to traffic by the morning following the slurry
seal night work. At least one lane of traffic in each direction shall remain open to
through traffic during application of the slurry. The roadway lane to be slurried shall
be closed from the time application begins until the Contractor and the City
determines the mixture has achieved sufficient set to be opened to traffic.
One-leg of curb ramps must be maintained at all times unless otherwise approved by
the City. The work area shall be fully protected from pedestrian access which may
require fencing. The use of caution tape tied to cones is not allowed as a means to
close off an area.
The placement of temporary self-adhesive, clean and visible reflectorized day/night
markers will be required on all streets where existing striping is removed. The cost
of placing the temporary striping tabs shall be included in the various contract bid
items and no additional compensation will be allowed therefore. The spacing of the
temporary reflectorized day/night markers shall be 24' O.C. and shall be completely
removed after completion of 1st coat of striping and to satisfaction of City.
TRAFFIC CONTROL shall be paid for at the Contract Lump Sum Price as shown on
the Bid Schedule. Monthly payments will be made on a pro-rata basis.
4.0 DUST CONTROL (BID ITEM No. 3)
Dust Control shall comply with Section 3000-4.2.
Dust Control shall be paid for at the Contract Lump Sum Price as shown on the bid
schedule. Monthly payments will be made on a pro-rata basis.
5.0 CLEARING AND GRUBBING (NO BID ITEM)
Clearing and Grubbing shall conform to the provisions in Section 300-1, “Clearing
and Grubbing”, of the Standard Specifications and these Special Provisions:
Contractor shall field verify existing grades and shall accept site as is, for no other
grading shall be performed by the City.
300-1.3 Removal and Disposal of Materials
300-1.3.1 General [Add the following]:
All materials removed shall be disposed of in a legal manner at an appropriate
Disposal Site.
Technical Specifications 4000-3
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.
(3) Protection of utilities, trees, fences, gates, curbs, gutters, adjacent
pavement, 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) Clearing and removal of debris from the site of work. This includes
removal and legal disposal of structural items, non-structural items,
existing fences, gates, signs, and posts including the associated
footings/foundations.
(5) Verification of existing locations and elevations as shown on the plans
or directed by the Engineer.
(6) Provide for the replacement of trees, plants, and hardscape of the same
kind, to the satisfaction of the City whether indicated on the plans or
not.
(7) This item shall also be interpreted to include the removal or relocation
of any additional items in conflict with the proposed work not specifically
mentioned herein or covered by specific bid item as directed in the field
by the Engineer, which may be found within the work limits whether
shown or not shown on the plans to be removed or relocated.
300-1.4 Payment.[Add the following]:
Payment for Clearing and Grubbing shall be considered as included in other
items of work and no additional compensation will be allowed therefore.
No payment will be made to the Contractor for Clearing and Grubbing outside
the stated limits,unless such work is authorized in writing by the CITY.
6.0 EXISTING BITUMINOUS PAVEMENT REMOVAL (BID ITEMS No. 4-6)
Existing Bituminous Pavement Removal shall conform to the provisions in Section
300-1 “Clearing and Grubbing”, of the Standard Specifications and these Special
Provisions:
Existing bituminous pavement removal shall include sawcutting, grinding,
excavating, loading, stockpiling, hauling, and disposing of existing bituminous
pavement material to the depth indicated on the plans or as directed by the Engineer.
Technical Specifications 4000-4
Grinding (or cold milling) and removal of existing bituminous concrete pavement shall
be included in this item of work.
300-1.3.2 (a) “Bituminous Pavement"shall be amend as follows:
Removal of bituminous pavement shall be made to a sawcut at the designated lines
of removal shown on the Plans or as designated by the Engineer. Location of sawcut
and width of existing pavement to be removed shall be as shown on the plans or as
determined by the Engineer in the field. Payment for sawcutting shall be included in
the compensation paid for the pavement removal and no additional compensation
will be allowed. Minimum laying depth of new pavement material shall be 0.10 foot
at join lines.
The areas and quantities shown on the plans or specifications are given only for the
Contractor's aid in planning the work and/or preparing bids. The Engineer shall
designate the limits to be removed and these designated areas shall be considered
to take precedence over the areas shown on the plans. No guarantee is made that
areas or quantities shown will equal the areas or quantities designated by the
Engineer. Spalled or loose blocks of pavement and pavement cracks wider than 3/8
inch will be deemed justification for extending or adding to the removal and
replacement of asphalt concrete pavement.
The areas indicated for full depth removal and replacement shall be
excavated to the full depth of the proposed asphalt pavement section,
regardless of thickness. The City does not have boring data. No warranty is given
or implied as to the thickness, or to the amount of material which may result from
the removal of the street pavement. If the Contractor wishes to personally check the
existing pavement thickness, the City Engineer’s office will cooperate by issuing the
necessary encroachment permit upon application by the Contractor.
300-1.4 Payment.[Add the following]:
2” Grind and Overlay shall be measured and paid for at the contract unit price bid
per Square Foot and shall include full compensation for all labor, materials, tools,
and equipment and for doing all work involved in grinding (cold-milling), excavating,
loading, stockpiling, hauling, and disposing of existing pavement material to the
depth specified and no additional compensation will be allowed therefore.
Continue to Full Depth Asphalt Concrete Grind (3.5”±), Compact Existing
Aggregate Base, and 5.5” Asphalt Concrete Overlay to Bottom of Final Lift
shall be measured and paid for at the contract unit price bid per Square Foot and
shall include full compensation for all labor, materials, tools, and equipment and for
doing all work involved in grinding (cold-milling), excavating, loading, stockpiling,
hauling, disposing of existing pavement material to the depth specified, compacting
of aggregate base, placing asphalt concrete at a variable depth to maintain the
existing grade, and no additional compensation will be allowed therefore.
Technical Specifications 4000-5
Remove Existing AC Pavement and Base shall be included in the bid price per
Square Foot for Remove and Construct 5.5” AC over 6.5” AB, CLQ STD. 195
and shall include full compensation for all labor, materials, tools, and equipment and
for doing all work involved in sawcutting, excavating, loading, stockpiling, hauling,
and disposing of existing pavement material and/or aggregate base to the depth of
the proposed pavement section and no additional compensation will be allowed
therefore.
7.0 EXISTING CONCRETE PAVEMENT REMOVAL (BID ITEMS No. 7)
Existing Concrete Pavement Removal shall conform to the provisions in Section 300-
1 “Clearing and Grubbing”, and Section 300-1-3.2 (b) “Concrete Pavement” of the
Standard Specifications and these Special Provisions:
Existing concrete pavement removal shall include sawcutting, excavating, loading,
stockpiling, hauling, and disposing of existing concrete sidewalks and driveways as
indicated on the plans or as directed by the Engineer. Sawcutting and removal of
existing concrete pavement shall be included in this item of work. Removals shall be
to the nearest joint as shown on the plans or as directed by the Engineer.
300-1.4 Payment.[Add the following]:
Remove Existing Concrete Sidewalk, Ramps, and Cross-Gutters shall be
measured and paid for at the contract unit price bid per Square Foot and shall
include full compensation for all labor, materials, tools, and equipment and for doing
all work involved in sawcutting, excavating, loading, stockpiling, hauling, and
disposing of existing concrete pavement material and no additional compensation will
be allowed therefore.
8.0 EXISTING CONCRETE CURB AND GUTTER REMOVAL (BID ITEM No. 8)
Existing Concrete Curb and Gutter Removal shall conform to the provisions in Section
300-1 “Clearing and Grubbing”, and Section 300-1-3.2 (c) “Concrete Curb, Walk,
Gutters, Cross Gutters, Driveways and Alley Intersections” of the Standard
Specifications and these Special Provisions:
Existing concrete pavement removal shall include sawcutting, excavating, loading,
stockpiling, hauling, and disposing of existing concrete curb and gutter material
indicated on the plans or as directed by the Engineer. Sawcutting and removal of
existing concrete curb and gutter shall be included in this item of work. Removals
shall be to the nearest joint as shown on the plans or as directed by the Engineer.
300-1.4 Payment.[Add the following]:
Remove Existing Curb and Curb & Gutter (Regardless of Height)shall be
measured and paid for at the contract unit price bid per Linear Foot and shall include
full compensation for all labor, materials, tools, and equipment and for doing all work
involved in sawcutting, excavating, loading, stockpiling, hauling, and disposing of
existing concrete curb, mow curb, and gutter material and no additional
compensation will be allowed therefore.
Technical Specifications 4000-6
9.0 GRADING AND SUBGRADE PREPARATION (No Bid Item)
Preparation of the pavement subgrade shall conform to the provisions of Section 301-
1 of the Standard Specifications and these Special Provisions.
301-1.3 Relative Compaction. [Replace with the following]:
Relative compaction shall be modified to require 95% relative compaction of the top
12" of the subgrade in lieu of the 90% allowed under base material, including removal
of aggregate base or subgrade to required depth.
301-1.5 Grading of Areas Not to be Paved. [Add the following]:
Grading for slopes in landscaped area to match the existing grade shall be considered
as included under this item of work. Grading for slopes shall also conform to
subsection 300-2.5 Slopes.
Excavation from the entire work area may be considered to use as unclassified fill as
long as it meets the requirements laid out in Section 300-4.
301-1.7 Payment. [Replace with the following]:
Compensation for subgrade preparation and minor grading to meet grade shall be
deemed to be included in the bid price of other items, and no additional compensation
will be allowed.
10.0 COLD MILLING AC PAVEMENT (BID ITEMS No. 4-5)
Cold milling of asphalt concrete pavement shall be in accordance with Section 302-
5.2 of the Standard Specifications for Public Works Construction and as modified by
these Special Provisions.
Cold milling of asphalt concrete pavement shall be to the lines shown on the plans,
incorporated exhibits or detail drawings, or as directed by the engineer, and shall
comply with the construction methods set forth in Section 302-5.2 of the Standard
Specifications for Public Works Construction.
An area that is cold-milled may not have traffic running on it for more than 9
consecutive calendar days hours or liquidated damages will be assessed, unless prior
approval has been provided by the City in writing. All cuts (transverse header cuts or
longitudinal cuts) that create a difference in height of a riding surface of 1.0 inches
or greater, that will be open to public traffic, shall be ramped at 4:1 (length: height)
or flatter. Contractor must paint temporary striping or maintain 24/7 traffic control
approved by the City within 24 hours of cold-milling.
Small and mini-grinding equipment may be used, if necessary, to access all existing
asphalt concrete areas within the required cold mill limits as shown on the plans and
shall be approved by the Engineer.
Residue from cold milling shall be immediately removed from the roadbed by
sweeping, and shall not be permitted to flow into the gutters or other drainage
facilities.
Technical Specifications 4000-7
2” Grind and Overlay shall be measured and paid for at the contract unit price bid
per Square Foot and shall include full compensation for all labor, materials, tools,
and equipment and for doing all work involved in grinding (cold-milling), excavating,
loading, stockpiling, hauling, and disposing of existing pavement material to the
depth specified and no additional compensation will be allowed therefore.
Continue to Full Depth Asphalt Concrete Grind (3.5”±), Compact Existing
Aggregate Base, and 5.5” Asphalt Concrete Overlay to Bottom of Final Lift
shall be measured and paid for at the contract unit price bid per Square Foot and
shall include full compensation for all labor, materials, tools, and equipment and for
doing all work involved in grinding (cold-milling), excavating, loading, stockpiling,
hauling, disposing of existing pavement material to the depth specified, compacting
of aggregate base, placing asphalt concrete at a variable depth to maintain the
existing grade, and no additional compensation will be allowed therefore.
11.0 ASPHALT CONCRETE AND PLACEMENT OF BASE MATERIAL (BID ITEMS
No. 4-6)
301-2 UNTREATED BASE
301-2.1 General.[Replace with the following]:
Untreated base shall be Class II Aggregate Base or Crushed Aggregate Base and shall
conform to the Provisions of the Section 200-2 “Untreated Base Materials” of the
Standard Specifications.
301-2.4 Measurement and Payment.[Add the following]:
The contract Unit price paid per Square Foot of Remove and Construct 5.5” AC
over 6.5” AB, CLQ STD. 195 includes full compensation for furnishing all labor,
materials, tools, equipment, and incidentals, and for doing all the work involved in
constructing and placing Aggregate Base, complete in place, including hauling,
grading, shaping, watering and compacting the Aggregate Base, as shown on the
plans, as specified in the Standard Specifications and these special provisions, and
as directed by the engineer, and no additional compensation will be allowed therefore.
203-6 ASPHALT CONCRETE
203-6.1 General.[Add the following to the end of the subsection]:
Asphalt concrete shall conform to the provisions of Subsection 400-1, "Rock
Products," and Subsection 400-4, "Asphalt Concrete".
The viscosity grade of paving asphalt shall be PG 70-10. The following
aggregate size shall be used.
Asphalt Base Course III-B2-PG 70-10 – 3” Total Thickness
Finish Course III-B3-PG 70-10-R0 – 2.5” Total Thickness
Overlay III-B3-PG 70-10-R0 – 2” Total Thickness
Technical Specifications 4000-8
The Contractor shall submit final asphalt mix designs to the Agency for review prior
to paving.
Asphalt Concrete Pavement
1. Asphalt concrete material shall conform to PG 70-10, as specified in Section 203-
6, “Asphalt Concrete”, of the Standard Specifications.
1a. You may substitute RAP for part of the virgin aggregate in a quantity up to 20
percent of the aggregate blend. If RAP is used, the asphalt plant must automatically
adjust the virgin asphalt binder to account for RAP percentage and RAP binder. During
production, you may adjust hot- or cold-feed proportion controls for virgin aggregate
and RAP. RAP must be within ±3 of RAP percentage described in your Contractor Job
Mix Formula Proposal form without exceeding 20 percent. The Contractor is
responsible to prepare a mix design with resultant final of PG70-10. RAP shall comply
with Caltrans Standard Specifications Section 39-2.02B(5) “Reclaimed Asphalt
Pavement.”
2. Distribution, spreading, rolling, and compaction of asphalt concrete pavement
shall conform to requirements as specified in Section 302-5, “Asphalt Concrete
Pavement”, of the Standard Specifications.
3. Diesel fuel shall not be used to coat the beds of delivery trucks. If diesel fuel is
detected on any load the entire load will be rejected.
4. Asphalt concrete surface course shall be placed in two (2) lifts, and compacted to
the thickness shown in the Plans.
5. No roller shall be permitted to stand motionless on any portion of the work before
it has been properly compacted. Upon completion, the pavement shall be true to
grade and cross-section. When a 10-foot straightedge is laid on the finished surface,
the surface shall not vary from the edge of the straightedge more than ¼-inch.
302-5.5 Distribution and Spreading.
[Add the following, including new Subsection 302-5.4.1.]:
A minimum of two courses shall be laid for all asphalt concrete pavements of three
inches or thicker. The base course shall be III-B2-PG 70-10 with a thickness of 3”.
The finish course shall be III-B3-PG 70-10-R0 with a thickness of 2.5”. Both the base
and finish course shall be machine placed.
11.1 Sawcutting
Existing asphalt concrete pavement that is to match proposed asphalt concrete
surfacing shall be sawcut to a neat vertical face.A minimum two feet (2')
sawcut shall be provided along all existing pavement edges. Existing asphalt
concrete pavement that is unsound, as determined by the City Inspector or
City Engineer shall be removed to limits as required.
Technical Specifications 4000-9
Payment for sawcutting is included in the cost of associated items and no
additional payment will be made therefore.
11.2 Asphalt Tack Coat
302-5.4 Tack Coat (replace with the following)
Prior to paving over existing asphalt concrete,the surface shall be cleaned,
cracks shall be sealed as shown below, and the surface shall have a tack coat
of SS-1h emulsion at a rate of 0.1 0 gallon per square yard applied.The surface
shall be free of water, foreign material,or dust, when the tact coat is applied.
To minimize public inconvenience, no greater area shall be treated in any one
day than is planned to be covered by asphalt concrete during the same day
unless otherwise authorized by the Engineer.
A similar tack coat shall be applied to the surface of any course,if the surface
is such that a satisfactory bond cannot be obtained between it and a
succeeding course.
The contact surfaces of all cold pavement joints, curbs, gutters,manholes,
shall be painted with grade SS-1h emulsified asphalt immediately before the
adjoining asphalt concrete is placed.
Prior to placing the tack coat, any cracks greater than 1/8” shall be
cleaned and filled with crack filler (GuardTop or approved equal).
Cracks are to be filled to match existing surface.
Cracks 1 inch in width and wider shall be filled with compacted pea-
gravel and SS grade asphaltic emulsion or hot mix asphalt concrete as
directed by the Engineer so that the sealant does not exceed 1 inch in
depth.
Payment for crack sealing, and tack coating shall be included with the
A. C. paving bid item going over it.
11.4 Patching and Repair
1.Damaged, faulty or nonconforming asphalt concrete pavement surfaces
shall be completely removed.New asphalt concrete pavement surfacing shall
be placed and compacted to the minimum thickness required, and to smoothly
join the adjacent finished surfaces.
2.Patching with thin overlays will not be permitted unless authorized by the
CITY.
11.5 Maintenance and Protection
1. After an area has been released to the Contractor he shall assume complete
responsibility for maintenance and protection responsibilities without the
written authorization of the CITY.
Technical Specifications 4000-10
2.All surfaces, structures, manholes, gratings,etc., damaged after the areas
have been released to Contractor,whether such damage was caused by the
Contractor or other contractors working on the site,shall be repaired by the
Contractor at no additional cost to the City, unless the maintenance and
protection responsibilities of the Contractor has been waived in writing by the
CITY.
3.Damaged areas of pavement shall immediately be repaired to protect the
subgrade from surface waters.
4. The pavement thickness specified will not support repeated loading from
heavy construction equipment.
11.6 Warranty
The Contractor shall furnish an unqualified warrantee stating, in writing,that
he will,at no additional cost to the City, repair or replace all bituminous
pavement and aggregate base in any areas that become defective within a
period of one year after completion and acceptance of the work by the City.
11.7 Measurement and Payment. [Add the following]:
2” Grind and Overlay shall be measured and paid for at the contract unit
price bid per Square Foot and shall include full compensation for all labor,
materials, tools, and equipment and for doing all work involved in grinding
(cold-milling), excavating, loading, stockpiling, hauling, disposing of existing
pavement material to the depth specified, placing asphalt concrete, and no
additional compensation will be allowed therefore.
Continue to Full Depth Asphalt Concrete Grind (3.5”±), Compact
Existing Aggregate Base, and 5.5” Asphalt Concrete Overlay to Bottom
of Final Lift shall be measured and paid for at the contract unit price bid per
Square Foot and shall include full compensation for all labor, materials, tools,
and equipment and for doing all work involved in grinding (cold-milling),
excavating, loading, stockpiling, hauling, disposing of existing pavement
material to the depth specified, compacting of aggregate base, placing asphalt
concrete at a variable depth to maintain the existing grade, and no additional
compensation will be allowed therefore.
The contract Unit price paid per Square Foot of Remove and Construct 5.5”
AC over 6.5” AB, CLQ STD. 195 includes full compensation for furnishing all
labor, materials, tools, equipment, and incidentals, and for doing all the work
involved in constructing and placing Asphalt Concrete Pavement, complete in
place, including hauling,as shown on the plans, as specified in the Standard
Specifications and these special provisions, and as directed by the engineer,
and no additional compensation will be allowed therefore.
Technical Specifications 4000-11
12.0 CRACK SEAL AND TYPE II SLURRY SEAL (BID ITEM No. 9)
Slurry seal shall be performed in accordance with Subsections 203-5 and 302-4,
“Slurry Seal Surfacing,” of the Standard Specifications, and the following Provisions.
Type II slurry aggregate used shall be used.
Modify the following - Subsection 203-5.2, “Mix Designs” of the Standard
Specifications;
Admixtures, such as Portland Cement or aluminum sulfate may be mixed into
the slurry material to adjust the curing time such that the applied slurry can
support vehicular traffic within 60 minutes.
Use of slag shall not be permitted.
Deliveries of aggregate and emulsion shall not be made without the engineer
present. Emulsion is not to be transferred to an on-site storage tanker without
the sieve test performed by the City.
Asphalt emulsion shall be a QUICKSET ANIONIC OR CATIONIC EMULSIFIED
ASPHALT conforming to the requirements of Subsection 203-1.3, “Test Reports
and Certification,” and Subsection 203-1.2, “Testing Requirements” of the
Standard Specifications.
The latex additive shall be Ultra Pave 70 (for anionic) or Ultra Pave 65 K (for
cationic) or an approved equal. The latex shall be added at the emulsion plant
after weighing the asphalt and before the addition of mixing water. The latex
shall be added at a rate of two-and-one-half (2½)parts to one-hundred
(100) parts of emulsion by volume.
The grading of the combined aggregate and the percentage of emulsified
asphalt shall conform to the requirements of TYPE II as specified in Subsection
203-5.3, of the Standard Specifications.
Modify the first paragraph of Subsection 203-5.2, “Mix Design,” of the
Standard Specifications to include the following:
The Contractor shall submit a Mix Design for approval within fourteen (14)
working days after “Notice of Award” is issued. The Contractor will receive a
“Notice to Proceed with Construction” only after the Mix Design is approved.
The Contractor shall provide materials for verification of the Mix Design.
Periodically throughout the project, at the direction of the City Engineer, the
City’s Consultant will perform further testing as necessary to provide assurance
of the Mix Design. The cost of the initial Mix Design testing and periodical
testing will be borne by the City.
If the Contractor changes sources of material, i.e. aggregate and/or oil, a new
Mix Design shall be resubmitted. The cost of all Mix Design retest and testing
as a result of changes to the Mix Design shall be borne by the Contractor, and
the amount due to the City for said retesting will be deducted from the
Contractor’s Progress Payments.
Technical Specifications 4000-12
Modify the second paragraph of Subsection 203-5.2, “Mix Design,” of Standard
Specifications to read as follows”
The Contractor shall allow ten (10) days prior to start of work for
calibration and testing at a location designated by the Engineer. The
City’s testing laboratory will obtain field samples at the time of
calibration for Extraction Test (ASTM D 2172), Consistency Test, Wet
Track Abrasion Test (ASTM D 3910), a verification of the 60-minute
set time previously specified. When the City’s testing laboratory has
determined that the field samples meet the requirements stipulated in
these Specifications, the Engineer will notify the Contractor to start
work. In the event that the product does not meet Specification,
another testing and calibration date shall be set ten (10) day prior to
the start of work for a complete retest of the product at the expense
of the Contractor.
Modify the following Subsection 302-4.3, “Continuous-Flow Mixers,” of the Standard
Specifications to read as follows:
All slurry mixing machines shall be equipped with a Fines Feeder for the adding
of cement or granular Aluminum Sulfate.
Per Subsection 302-4.6.4.1, “General,” Table 302-4.6.4.1 (A) of the Standard
Specifications, the minimum and maximum aggregate application rates are the
following:
Slurry Seal Min.Max.
Type II 12 lbs / SY 15 lbs / SY
Add the following to Subsection 302-4.3.1, “General” of the Standard Specifications:
The Contractor shall have two slurry trucks or machines and at least one
additional mixer as a backup.
Prior to the beginning of slurry operations, the Contractor shall furnish, at no
cost to the City, current licensed weigh master’s certificates indicating the net
weight capacity of the aggregate bin.
The Contractor shall provide a drive upon scale at the project site or an
alternate site approved by the City. The drive on scale shall show the net
weight of the aggregate bin on each slurry machine before the machine and
product will be approved for applying slurry on the project.
All slurry machines are to carry, at all times, a calibrated emulsion measuring
stick. The emulsion measuring stick is to be calibrated in 10-gallon increments
to the slurry machine it is used on. Emulsion measuring sticks from other
slurry machines will not be allowed to measure the gallons of emulsions on the
slurry machines they were not calibrated to. The emulsion measuring stick is
to have the slurry machine number or identification permanently marked on
the stick.
Technical Specifications 4000-13
The gallons of emulsion are to be measured with a calibrated emulsion
measuring stick and recorded before leaving and after returning to materials
site. Use of a slurry machine will not be allowed if it does not have a calibrated
emulsion measuring stick.
The Contractor shall furnish, prior to commencing work, a calibrated
stick in 10-gallon increments to measure the oil in the trailer storage
tanks in gallons. The measuring stick shall be calibrated to the trailer
storage tank it is used on. The inspector shall check the oil in each
load “in and out” and in the storage tanks at the beginning and end of
each day to determine the amount of emulsion used for that day.
Emulsion is not to be transferred from delivery tank to on-site storage
tank before the City performs the sieve analysis on the emulsion.
Aggregate used in the slurry shall not exceed a moisture content of
four percent (4%) by weight of dry aggregate.
Contractor may not schedule more than 150 tons of slurry to be placed per
day. Slurry may not be applied at more than 150 feet per minute.
The Contractor shall provide a self-propelled 10-ton pneumatic roller
with a tire pressure of 50 PSI and equipped with a water spray system.
The Contractor shall roll the required streets the same day they are
slurried. The Contractor will be responsible for proper scheduling of the work
such that the rolling can be properly done within the given time constraint.
Failure to comply shall result in a $250.00/calendar day liquidated
damage being assessed per incident. The cost of furnishing the roller and
operator shall be included in the price paid for slurry seal.
Prior to storing aggregate on private property, the Contractor shall submit to
the Engineer written permission from the property owner for such stockpiling.
Precautions shall be taken to ensure that stockpiles do not become
contaminated with oversized rock, clay, silt, or excessive amounts of moisture.
The stockpiles shall be kept in areas that drain readily. Segregation of the
aggregate will not be permitted.
The stockpile areas shall be thoroughly cleaned of all excess material and left
in a neat, orderly appearance upon completion of slurry operations in any area.
The Contactor shall protect the wet slurry from traffic at all times and if
damaged or defaced, the Contractor shall repair said damage at no additional
cost to the City.
The placement of slurry seal may be suspended with the concurrence of the
Engineer due to unsuitable weather, temperature conditions, or other
conditions that are considered unfavorable for the prosecution of the work.
The Contractor shall immediately comply with the order of suspension by the
Engineer, and work shall not be resumed until authorized by the Engineer.
Technical Specifications 4000-14
If work cannot resume on the same day to completion as scheduled,
then this work shall be rescheduled in one to two weeks and the
residents/businesses notified that the work will not be done as
scheduled and re-notified of new work day promptly. All “NO
PARKING” signs must be promptly removed. No more than two (2)
rescheduled streets shall be scheduled for the same day and they shall
be the first order of work for that day.
The days during which the suspension of work is in effect due to unsuitable
weather shall not be considered working days and the date of completion shall
be extended to allow for work and notification.
In the event of a suspension of work, the Contractor shall remove all
barricades, equipment and “No Parking” signs (if appropriate) upon the curing
of the completed portion of slurry.
No adjustment of unit prices of any items shall be allowed due to a suspension
of work as described above.
Replace the first and second paragraphs of Subsection 302-4.8, “Spreading and
Application,” of the Standard Specifications with the following:
Prior to applying slurry seal, the Contractor shall clean, to the
satisfaction of the Engineer, the street surface with a power sweeper,
remove all R.P.M.’s, abrasive grind completely all lane lines, street
legends, crosswalks or other painted or thermoplastic surfaces.This
is necessary to provide a good bonding surface for the slurry seal, as well as
eliminate “ghosting” of the old striping and markings as the new slurry wears
off over time. Removals shall be complete and to the satisfaction of the City.
Prior to applying slurry seal the Contractor shall remove any and all
weeds that are growing through cracks from the project street located
within the pavement or growing between the concrete gutter and the
pavement and spray a herbicide mixture of Oust XP, or approved
equal, at least fourteen (14) calendar days prior to slurrying. The
herbicide mixture shall contain Blazon, or approved equal, a purple
dye to easily confirm the herbicide has been applied. The work shall
be approved by the Engineer or his representative prior to slurrying.
Full compensation for plant removal and herbicide treatment shall be
considered as included in the unit cost for slurry seal.
Prior to applying slurry seal, all pavement cracks greater than or equal
to 1/8” width shall be cleaned with a heat lance and sealed with Crafco
Polyflex Type lll crack sealant or approved equal per Subsection 201-
3.7 “Type ‘D’ Joint Sealant (Hot-Poured Rubber-Asphalt Joint Sealant)
“. The Contractor should take note that not all the streets within the limits
need crack treatment. It is the responsibility of the Contractor to perform a
field review to determine which streets require the crack treatment. Cracks
shall be cleaned for the entire crack depth using sandblasting, brushing and
hot air blowing techniques, as required to provide a crack free from all debris,
dust, loose material and moisture.
Technical Specifications 4000-15
Gauging or plowing may be required to remove incompressible material deep
in the crack. The clean crack shall be filled with sealant, from the bottom up
to surface level, in a manner which does not result in sealant bridging or
entrapped air pockets. With deep cracks, settlement of sealant may occur, thus
requiring application of a second layer of sealant material.
Cracks or voids 1 inch in width and wider shall be filled with compacted
pea-gravel and SS grade asphaltic emulsion or hot mix asphalt
concrete as directed by the Engineer so that the sealant does not
exceed 1 inch in depth. Where cracks already have sealant, Contractor shall
inspect the quality and repair as necessary as directed by the Engineer. Repair
shall include removing the material and re-applying.
No slurry seal material may be placed until after the crack seal
material has been in place for a minimum of two (2) full calendar days.
Crack sealant shall be applied with a wand such that excess material is not
remaining at the crack surface after sealing. Immediately remove crack
treatment material that is spilled or deposited on the pavement surface.
Before opening to traffic, apply sand or the manufacturer's
recommended detackifying agent to tacky crack treatment material on
the traveled way. Sweep up excess sand before opening to traffic.
Payment for crack sealing shall be included unit price bid per square foot for
Emulsion Aggregate Slurry Seal.
It is anticipated that nuisance water, such as storm water runoff and irrigation
water, will run in and across the right-of-way at various time throughout the
period of construction. It shall be the responsibility of the Contractor to
provide for and protect the work from such water. In addition, the Contactor’s
responsibility shall include handling nuisance waters such that their operations
do not cause them to damage existing improvements or properties adjacent
to or near the site of work. No additional compensation will be allowed for
control of nuisance water.
The application of slurry shall be done at night as specified in the
Traffic Control and Safety Section. The portions of streets to be
slurried shall be closed from the time the application begins until the
mixture as achieved sufficient set to be opened to traffic.
The slurry shall be applied in such a manner that no ripples or waves exist. If
ripples or waves occur in the slurry during the application, the work shall cease
and the Contractor shall correct the situation. The Contractor may use a drag
to knock down ridges. If ripples or waves are not corrected to the Engineer’s
satisfaction, the street shall be re-slurried at the Contractor’s expense.
The Contractor shall, at the direction of the Engineer, repair or re-
slurry the entire street, as determined by the Engineer, which has not
been sealed properly and/or completely, including areas that have
failed to meet yield and mix design specifications. No compensation
will be provided for slurry seal used in repair and reseal work.
Technical Specifications 4000-16
Add the following to the third paragraph of the Subsection 302-4.8, “Spreading and
Application” of the Standard Specifications:
Each slurry crew shall be composed, at a minimum, of a coordinator at
the project site at all times, a competent quick-set mixing man, a
competent driver, two squeegee men, and sufficient laborers for any
handiwork and cleanup.
Surface oil and grease shall be removed or sealed with shellac or an
equivalent material approved by the City before the application of the
slurry seal. Full compensation for surface oil and grease removal shall
be considered as included in the unit cost for slurry seal.
During slurry seal operations, it shall be the Contractor’s responsibility
to place protective covering over, or to otherwise avoid slurry seal
coating of manholes, utility covers, pavement markers (reflective and
non-reflective), concrete gutters, concrete cross gutters, and drainage
facilities, survey monuments and remove said covering and/or slurry
seal coating after slurry sealing has been completed.
The Contractor shall remove all striping and legends prior to
application of the slurry seal and then replace per the striping
provisions section. Removals shall be to satisfaction of City. Contractor
to tie out legends, stop bars, and lane lines/striping on adjacent curb
prior to removals and to satisfaction of City. Contractor shall sweep up
immediately following striping removals and prior to relocating to next
location.
The Contractor shall roll all streets. Full compensation for rolling the
slurry shall be considered as include in the unit cost for slurry seal.
Rolling shall be to the satisfaction of City.
The start and finish of slurry application shall be a straight line which, unless
otherwise approved by the Engineer, shall be obtained by laying a strip of
building paper or other material approved by the Engineer on the pavement
surface. After application of slurry, the paper is to be removed leaving a
straight edge. The entire street surface area shall be sealed the same day.
The Contractor is hereby advised that City streets, parking lots, or other City-
approved property will not be allowed as a site for stockpiling and batching.
Arrangements for an acceptable site shall be the sole responsibility of the
Contractor.
The Contractor shall sweep any raveled material on the street one (1) week
after the initial placement. If the Engineer determines the raveling is
excessive, the frequency of sweeping shall be adjusted to the field conditions
of the raveling. If raveling continues within two (2) weeks of the initial
placement, the street shall be swept and re-slurried Type II at no cost to the
City. Raveling can be identified by the presence of “black pebbles” in the
gutter.
Technical Specifications 4000-17
Full compensation for developing a water supply, for furnishing and placing all
water required for work done in the Contract, including extra work shall be
included in the prices paid for the various items of work requiring water; and
no separate payment will be made therefore. The Contractor shall supply the
City with licensed weighmaster’s certificates of weight for all delivered
aggregates to the job during the course of each day. Aggregate shall be
delivered to the project only in the presence of a City representative. The
Contractor shall also present weighmaster certificates for the amount of such
aggregate remaining at the completion of the project at no cost to the City.
Payment shall be determined by the amount that is physically placed, which
cannot exceed the amount that is delivered to the job site with the certified
weighmaster tickets. There shall be no outside work done utilizing materials
from the tanks or stockpiles stored for the City’s Contract.
Emulsion Aggregate Slurry Seal Measurement and Payment
Crack Seal and Type II Slurry Seal will be measured for payment in Square Foot.
Payment for slurry seal includes full compensation for constructing the slurry seal,
complete in place, including testing for and furnishing the mix design, cleaning the
surface, removing existing striping, crack sealing, protecting utilities, furnishing
added water and set-control additives, mixing water with asphaltic emulsion for
coating the pavement, clean-up, and protecting the seal until it has set.
13.0 CONCRETE AND MASONRY CONSTRUCTION (BID ITEMS 10-13)
Concrete construction shall conform to Section 201 “Concrete, Mortar, and Related
Materials” and Section 303, “Concrete and Masonry Construction”, of the Standard
Specifications and these Special Provisions.
Curing compound shall be in accordance with the City of La Quinta Standard Plan
Number 200 and be clear
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
Sidewalks, curbs and gutters, driveways, local depressions 560-C-3250 3”
Concrete surrounding manhole, cleanouts, and vault frames. 560-C-3250 4"
Catch Basins 560-C-3250 5”
201-1.2 Materials
201-1.2.1 Portland Cement (Delete the first paragraph and add the following:)
Technical Specifications 4000-18
The cement to be used or furnished shall be Type V Portland Cement conforming to
ASTM C150, unless otherwise specified.
Concrete Curb, Gutter, Cross Gutter, Sidewalk & Other
Concrete Curb, Gutter, Sidewalk, Cross-Gutter, and Curb Ramp, shall conform to the
provisions in Section 303-5, of the Standard Specifications and these Special
Provisions.
303-5.1.1 General. [Add the following paragraph]:
Concrete curbs, walks, gutters and access ramps shall conform to the Standard
Specifications as modified herein.
Immediately after finishing operations are completed, Type II clear concrete curing
compound shall be applied at the rate of one gallon per 150 square feet.
All pull boxes, water meter boxes, valve boxes and other utilities indicated on the
plans shall be adjusted to the proposed finish grade and approved by the City prior
to the placement of concrete.
All pull boxes, water meter boxes, valve boxes and other utilities indicated on the
plans to be relocated shall be done so to the satisfaction of the pull box owner and
installed to City spec and adjusted to finish grade and approved by the City prior to
the placement of adjacent concrete.
303-5.5.3 Walk.[Add the following]:
Concrete sidewalk, cross gutters and access ramps shall have a medium broom finish.
The handicap ramp constructed within the curb return shall conform with City of La
Quinta Standard 250, American’s with Disabilities Act (ADA) Provisions, and as
indicated on the Plans. The access ramp shall be constructed above native subgrade,
scarified to a depth of six-inches (6") and compacted to 90% minimum relative
compaction, and as required by the Standard Specifications. Maximum slope at
handicap ramps is 7.5%.
The actual finish surface of the access ramp shall be medium broom finish. The ramp
shall match, as appropriate, the curb & gutter, and shall provide minimum and
maximum cross-slopes from the back of curb to the sidewalk, as required by the
appropriate Standards and Specifications.
The grooved border shall not be placed on the ramps.
303-5.5.4 Gutter.[Add the following]:
Prior to acceptance of the curb and gutter constructed by the Contractor, a flow test
shall be conducted by the Contractor in the presence of the Engineer. Any new work
found to be defective shall be repaired or replaced by the Contractor in accordance
with Subsection 303-5.7 of the Standard Specifications.
Technical Specifications 4000-19
303-5.9 Measurement and Payment.[Add the following to this section]:
Payment for Construct Curb & Gutter per City of La Quinta Std. Dwg. 201 and
202 (Regardless of Height) shall be at the contract bid price per Linear Foot and
shall include full compensation for providing this item of work, complete in place,
including required hand work, and no additional compensation will be allowed.
The measurement for Curb & Gutter shall include any curb and gutter placed
along the curb ramps where it fronts the road; and also includes all
transitions for curb ramps.
Payment for Construct Sidewalk per City of La Quinta Standard 240 Mod., shall
be at the contract unit bid price per Square Foot and shall include full compensation
for providing this item of work, complete in place, including required hand work, and
no additional compensation will be allowed.
Sidewalks shall be measured for payment from the back of curb to the back
of the sidewalk. The width of the curb shall not be measure for payment for
sidewalks. Sidewalk shall include the adjustment of any traffic signal pull
boxes, including the replacement of traffic signal pull boxes if necessary.
Payment for Construct Concrete Curb Ramps per City of La Quinta Standard
250 Mod. shall be at the contract bid price per Each and shall include full
compensation for providing this item of work, complete in place, including required
hand work, and no additional compensation will be allowed. The ramp pay item shall
include the truncated domes, all retaining curbs, required grinding of curb to make
0” where shown on plans. The limits are from BCR to ECR. The 0” curb/gutter shall
be paid for under the Curb & Gutter bid item.
Payment for Construct Portion of Cross-Gutter per City of La Quinta STD 230
Mod. and 231 Mod.shall be at the contract bid price per Square Foot and shall
include full compensation for providing this item of work, complete in place, including
required hand work, and no additional compensation will be allowed.
14.0 TRUNCATED DOMES (BID ITEM 12)
The Contractor shall furnish and install truncated domes at the location shown in the
plans. All dome panels shall be yellow in color.The domes shall conform to the
City of La Quinta Standard Detail 250. All panels shall be wet-set concrete tiles. Glue
down mats will not be allowed.
Payment for Truncated Dome Concrete Tile shall be included in the various bid
items requiring their installation and no additional compensation will be allowed
therefore.
15.0 DRAINAGE MANHOLE ADJUSTMENT (Bid Item 14)
302-5.8 Manholes.[Add the following]:
302-5.8.1 Adjustment of Manholes
Technical Specifications 4000-20
The adjustment to grade of drainage manholes as shown on the plans, shall conform
to Section 302-5.8 except that the methods and materials used to perform said work
shall be performed in conformance with applicable Coachella Valley Water District
Standards. This work includes providing all materials and labor for adjusting
(lowering and raising) the manholes including replacing damaged covers, rings and
frames.
Manholes shall be protected in a place and shall be accessible at all times during
construction.
302-5.9 Measurement and Payment.[Add the following]:
Lower and Raise Drainage Manhole to Grade including all appurtenant work,
shall be paid at the contract unit price bid for Each, and no additional compensation
is allowed therefore.
16.0 ADJUST TO GRADE, SEWER MANHOLE (Additive Alternate 1)
Adjust Sanitary Sewer Manhole to Final Grade shall include all work necessary to
adjust the sanitary sewer manhole from its current location to the final location and
grade shown per the plans and specifications, these specifications, and Coachella
Valley Water District (CVWD) requirements.
Adjust Sanitary Sewer Manhole to Final Grade shall include excavation and backfill,
and adjusting the sanitary sewer manhole to final grade elevations in accordance
with CVWD standards including replacing damaged covers, rings and frames.
Work includes all correspondence with CVWD for completion of the work.
The contract unit price paid for Adjust Sanitary Sewer Manhole to Final Grade
shall include the per Each price to include full compensation for furnishing all labor,
materials, tools, equipment, and incidentals, and for doing all the work involved in
adjusting the manhole, complete in place, as shown on the plans, as specified in the
Standard Specifications and these special provisions, and as directed by the Engineer
with no additional compensation allowed.
17.0 ADJUST TO GRADE, WATER VALVE (Additive Alternate 2)
Adjust water valve can and lid to grade shall conform the latest Coachella Valley
Water District Standard Specifications for Construction of Domestic Water Systems
and these Special Provisions.
The Contractor shall excavate to the top of the existing valve, remove the existing
PVC pipe and place a new C-900 PVC pipe and valve well frame in accordance with
CVWD Standard Drawing No. W-17A and W-18A.
Technical Specifications 4000-21
Payment for Adjust to Grade, Water Valve shall be measured and paid for at the
contract unit price per Each and shall include full compensation for all labor,
materials, tools, and equipment and for doing all work involved in excavation,
removal of the existing valve can and frame, placement of a new PVC well, frame,
valve cover and concrete collar, backfill and compaction per the plan and standard
drawings and no additional compensation will be allowed therefore.
18.0 ADJUST TO GRADE, IRRIGATION VALVE (Additive Alternate 3)
Adjust irrigation valve can and lid to grade shall conform the latest Coachella Valley
Water District Standard Specifications for Construction of Irrigation Systems and
these Special Provisions.
The Contractor shall excavate to the top of the existing valve, remove the existing
PVC pipe and place a new C-900 PVC pipe and valve well frame in accordance with
CVWD Standard Drawing No. I-17A and I-18.
Payment for Adjust to Grade, Irrigation Valve shall be measured and paid for at
the contract unit price per Each and shall include full compensation for all labor,
materials, tools, and equipment and for doing all work involved in excavation,
removal of the existing valve can and frame, placement of a new PVC well, frame,
valve cover and concrete collar, backfill and compaction per the plan and standard
drawings and no additional compensation will be allowed therefore.
19.0 ADJUST TO GRADE, SEWER FORCE MAIN AIR VAC MANHOLE AND
VALVE (Additive Alternate 4)
The Sewer Force Main air vac sits within a Manhole with adjacent operator valve.
Adjust Sanitary Sewer Manhole to Final Grade shall include all work necessary to
adjust the sanitary sewer manhole from its current location to the final location and
grade shown per the plans and specifications, these specifications, and Coachella
Valley Water District (CVWD) requirements. Adjust valve can and lid to grade shall
conform the latest Coachella Valley Water District Standard Specifications for
Construction of Domestic Water Systems and these Special Provisions.
Adjust Sanitary Sewer Manhole to Final Grade shall include excavation and backfill,
and adjusting the sanitary sewer manhole to final grade elevations in accordance
with CVWD standards including replacing damaged covers, rings and frames.
For the valve, the Contractor shall excavate to the top of the existing valve, remove
the existing PVC pipe and place a new C-900 PVC pipe and valve well frame in
accordance with CVWD Standard Drawing No. W-17A and W-18A.
Work includes all correspondence with CVWD for completion of the work.
The contract unit price paid for Adjust Sanitary Sewer force main air vac
Manhole and valve to Final Grade shall include the per Each price to include full
compensation for furnishing all labor, materials, tools, equipment, and incidentals,
and for doing all the work involved in adjusting the manhole and valve, complete in
place, as shown on the plans, as specified in the Standard Specifications and these
special provisions, and as directed by the Engineer with no additional compensation
allowed.
Technical Specifications 4000-22
20.0 STRIPING (BID ITEMS No. 15)
Removing and painting striping and pavement markings shall conform to the
provisions in Section 84-1, "General," and 84-3, "Painted Traffic Stripes and
Pavement Markings," of the State Standard Specifications and these special
provisions.
20.1 Remove Traffic Stripes and Pavement Markings
Traffic pavement markings shall be completely removed as shown on the plans. This
is necessary to eliminate “ghosting” of the old striping and markings. Removals shall
be to satisfaction of City.
The removal of traffic pavement markings shall be accomplished by grinding. Sand-
blasting shall be used with prior City approval only. A minimum of 3 passes with the
grinder, per stripe, is required. Removal shall be to a maximum depth of 1/10".
Removal depth may exceed 1/10" only when necessary to effectively remove paint.
Contractor shall sweep up immediately following striping removals and prior to
relocating to next location.
Obliteration of stripes or pavement markings by applying black paint or asphalt
emulsion is not an approved removal method.
It shall be the responsibility of the contractor to properly dispose of the residue from
removal of striping and pavement markings.
Payment for Striping and Marking Removal shall be included in the Lump Sum Unit
Price of Striping, Including All Incidentals and shall include full compensation for
furnishing all labor, materials, tools, equipment and incidentals, and for the work
involved in removal of the existing striping and markings, complete and in place, as
specified in these Specifications and the Special Provisions, and no additional
compensation will be allowed therefore.
20.2 Refresh Existing Striping
Refreshing existing striping and pavement markings shall conform to the provisions
in Section 84-1, "General," and 84-3, "Painted Traffic Stripes and Pavement
Markings," of the State Standard Specifications and these special provisions.
Contractor shall refresh the existing crosswalk on all legs. Existing striping shall be
refreshed with one coat with glass beads and shall match existing striping detail.
Payment for Striping and Marking Refresh shall be included in the Lump Sum Unit
Price of Striping, Including All Incidentals and shall include full compensation for
furnishing all labor, materials, tools, equipment and incidentals, and for the work
involved in refreshing the crosswalk, complete and in place, as specified in these
Specifications and the Special Provisions, and no additional compensation will be
allowed therefore.
Technical Specifications 4000-23
20.3 Striping and Pavement Markings
The CONTRACTOR shall furnish the necessary control points for all striping and
markings and shall be responsible for the completeness and accuracy thereof to the
satisfaction of the ENGINEER.
The CONTRACTOR shall perform all layout, alignment, and stripping layout for traffic
stripes and markings. Traffic striping shall not vary by more than ½ inch in 50 feet
from the alignment shown on the plans. The dimensional details of the stripes and
markings shall conform to the provisions set forth in the California Manual on Uniform
Traffic Control Devices (CAMUTCD) available from Caltrans.
STRIPING LAYOUT – Striping Layout shall be completed prior to the removal of any
existing stripes or markings. Existing stripes and markings shall be removed prior to
painting new ones, but in no case shall any section of street be left without the proper
striping for more than 24 hours, or over weekends or holidays.
No striping or painting work shall start until the ENGINEER has specifically approved
the striping layout markings. Existing striping and markings, if any, shall be removed
prior to painting new, but in no case shall any section of street be left without the
proper striping for more than 24 hours, or over the weekends or holidays.
MATERIALS - Materials shall conform to the provisions in Section 84 - "Materials,"
of the State Standard Specifications and these Special Provisions. All traffic striping
and pavement markings shall be two coats of paint with glass beads in each coat. A
minimum of 7 days and a maximum of 14 days shall elapse between
application of the first and second coats of paint. Markers to be installed with
2nd coat.
The paint for traffic striping and markings shall be as follows:
1. High Performance Water Borne, Rapid Dry, White – High Build Traffic
Paint by Ennis Flint, or approved equal.
2. High Performance Water Borne, Rapid Dry, Black - High Build Traffic
Paint by Ennis Flint, or approved equal.
3. High Performance Water Borne, Rapid Dry, Yellow - High Build Traffic
Paint by Ennis Flint, or approved equal.
4. Methyl Methacrylate Bike Lane Treatment System, Green – CycleGrip
MMAX, or approved equal. (Contractor shall place after manufactured
recommended time period when placing new asphalt pavement)
All lines, legends, crosswalks, limit lines, and shapes shall be paint. Words and arrows
shall include the following: SCHOOL, SIGNAL, AHEAD, XING, RIGHT, KEEP, CLEAR,
LEFT, LANE, STOP, ONLY, MALL, BIKE, YIELD, PARKING T’s, MPH, 25, 35, 45, & 50
and shall include the following arrow types: TYPE I, II, III. IV, V, VI, VII, VIII, Yield
Arrows, and Bike Lane. (Per CALTRANS Standard Plan A24A, A24B and A24C).
Crosswalk lines, stop limit lines, and chevrons are considered as pavement markings.
Technical Specifications 4000-24
The paint for concrete curbs shall be the following, or an approved equal:
1. High Build Traffic Paint by Ennis Flint Red
2. High Build Traffic Paint by Ennis Flint Green
3. High Build Traffic Paint by Ennis Flint Blue
All paint shall meet SCAQMD Rule 1113.
Payment for Striping and Pavement Markings shall be considered as included in the
Lump Sum bid for Striping, including all Incidentals and shall include full
compensation for furnishing all labor, materials, tools, equipment and incidentals and
for doing all the work involved in traffic stripes, and pavement markings, including
establishing alignment for stripe and layout work as shown on the plans and as
required in the Specifications.
APPENDIX A
ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
(3 PAGES)
Appendix A Page 1
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 78-495 Calle Tampico, 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:
1. 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. 2020-04, Washington Street Pavement Rehabilitation, in
the amount of Dollars, 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.
3. 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.
6. 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
Appendix A Page 2
written authorization from City to the Escrow Agent that City consents to the
withdrawal of the amount sought to be withdrawn by Contractor.
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.
8. 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.
9. 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: On Behalf of Contractor:
Title Title
Name Name
Signature Signature
Address Address
Appendix A Page 3
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 Title
Name Name
Signature Signature
APPENDIX B
STANDARD PLANS
California MUTCD 2014 Edition
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California)
Chapter 3A – General November 7, 2014
Part 3 – Markings
Page 652
California MUTCD 2014 Edition
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California)
Chapter 3A – General November 7, 2014
Part 3 – Markings
Page 653
California MUTCD 2014 Edition
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California)
Chapter 3A – General November 7, 2014
Part 3 – Markings
Page 655
California MUTCD 2014 Edition
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California)
Chapter 3A – General November 7, 2014
Part 3 – Markings
Page 656
California MUTCD 2014 Edition
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California)
Chapter 3A – General November 7, 2014
Part 3 – Markings
Page 657
California MUTCD 2014 Edition
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California)
Chapter 3A – General November 7, 2014
Part 3 – Markings
Page 658
California MUTCD 2014 Edition
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California)
Chapter 3A – General November 7, 2014
Part 3 – Markings
Page 663
California MUTCD 2014 Edition
(FHWA’s MUTCD 2009 Edition, including Revisions 1 & 2, as amended for use in California)
Chapter 3A – General November 7, 2014
Part 3 – Markings
Page 664
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