Specifications Project 2011-05
BID DOCUMENTS
&
SPECIFICATIONS
CITY PROJECT NO. 2011-05
FEDERAL PROJECT NO. BRNBIL (537)
DUNE PALMS ROAD BRIDGE IMPROVEMENTS PROJECT
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
AUGUST 2022 R.C.E. No. 49418 Exp Date: 09/30/22
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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 Bid Rigging 1110-5
17.0 Qualification of Bidder 1110-6
18.0 Subcontractors 1110-6
19.0 Bidders Interested in More than One Bid 1110-7
20.0 Sheeting, Shoring, and Bracing 1110-7
21.0 Wage Rates 1110-7
22.0 Offer of Assignment of Antitrust Actions 1110-8
23.0 Assignment of Contract 1110-8
24.0 Rejection of Bids 1110-8
25.0 Contract and Bonds 1110-8
26.0 Award of Contract 1110-9
27.0 Execution of Contract 1110-9
28.0 Construction Documents 1110-9
29.0 Bid Protest 1110-9
29.1 General 1110-9
29.2 Protest Contents 1110-10
29.3 Copy to Protested Bidder 1110-10
29.4 Response to Protest 1110-10
29.5 Copy to Protesting Bidder 1110-10
29.6 Exclusive Remedy 1110-10
29.7 Right to Award 1110-10
30.0 Disadvantaged Business Enterprise (DBE) 1110-10
31.0 DBE Commitment Submittal 1110-12
32.0 Good Faith Efforts Submittal 1110-12
33.0 Compliance with Iran Contracting Act 1110-14
34.0 Compliance with California Executive Order N-6-22 1110-14
1200 Bid 1200-1
1210 Bid Schedule 1210-1
1220 Bid Guaranty Bond 1220-1
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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
1270 Forms for Federal-Aid Construction Projects 1270-1
1280 Compliance with California Executive Order N-6-22 1280-1
1290 Compliance with Iran Contracting Act 1290-1
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 1340-5
2.5 Change in Terms 1340-8
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
1.3 Headings 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
3.3 Inspection 1400-9
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 1400-10
4.1 Office 1400-10
4.2 Contractor's Representative 1400-11
4.3 Construction Procedures 1400-11
4.4 Contractor's Employees 1400-11
iii
4.5 Subcontractors 1400-12
4.6 Contractor's Equipment and Facilities 1400-12
4.7 Public Safety and Convenience 1400-12
4.8 City-Contractor Coordination 1400-12
4.9 Permits 1400-13
4.10 Contractor's Responsibility for the Work and Material 1400-14
4.11 Laws to be Observed 1400-14
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 1400-20
5.4 Unnoticed Defects 1400-21
5.5 Right to Retain Imperfect Work 1400-21
6.0 Progress of the Work 1400-21
6.1 Beginning of Work 1400-21
6.2 Time of Completion 1400-21
6.3 Delays 1400-21
6.4 Time Extensions 1400-23
6.5 Temporary Suspension of Work 1400-25
6.6 Termination of Contract 1400-25
7.0 Changes in Scope of Work 1400-26
7.1 Change Orders 1400-26
7.2 Differing Site Conditions 1400-27
7.3 Suspensions of Work Ordered by Engineer 1400-28
7.4 Significant Changes in the Character of Work 1400-28
7.5 Resolution of Disputes 1400-29
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 1400-36
8.4 Time Extensions for Change Orders 1400-38
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
iv
2.2 Materials Testing 1500-1
2.3 Survey 1500-1
2.4 Environmental Stewardship 1500-2
2.5 Quality Assurance 1500-2
3.0 Liquidated Damages 1500-2
4.0 Submittals 1500-3
1550 Federal Requirements for Federal-Aid Construction Projects 1550-1
1.0 Female and Minority Goals 1550-1
2.0 Federal Trainee Program 1550-2
3.0 Disadvantaged Business Enterprises 1550-5
4.0 Quality Assurance 1550-9
5.0 Title VI Assurances 1550-9
6.0 Buy America 1550-12
7.0 Use of United States – Flag Vessels 1550-12
8.0 Prompt Payment from the Agency to the 1550-13
Contractors
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
3.2 Agenda 2000-2
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 2000-6
5.5 Construction Cleaning 2000-6
5.6 Disposal of Material 2000-6
5.7 Parking and Storage Areas 2000-6
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6.0 Protection and Restoration of
Existing Improvements 2000-7
7.0 Existing Utilities 2000-7
7.1 General 2000-7
7.2 Notification and Location 2000-8
7.3 Damage and Protection 2000-8
7.4 Utility Relocation and Rearrangement 2000-8
7.5 Underground Facilities 2000-11
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 3000-2
1.5 Cooperation with other Contractors 3000-2
1.6 Time Allowed for Construction 3000-3
2.0 Bid Items 3000-3
3.0 Materials 3000-4
3.1 General 3000-4
3.2 Substitutions 3000-4
3.3 Storage 3000-4
4.0 Work Details 3000-4
4.1 Traffic Control 3000-4
4.2 Dust Control 3000-9
4.3 Water 3000-9
4.4 Permits, Licenses and Inspection Fees 3000-9
4.5 Air Contaminants 3000-10
4.6 Notification 3000-10
DIVISION 4 – TECHNICAL SPECIFICATIONS
SECTION 4000 4000-1
1.0 General Requirements 4000-1
2.0 Mobilization 4000-1
3.0 Best Management Practices 4000-1
4.0 Traffic Control 4000-2
5.0 Construction Procedures and Cooperation 4000-3
6.0 Beginning of Work 4000-3
7.0 Contractors Responsibility for the 4000-3
Work and Materials
8.0 Resident Engineers Trailer and Cameras 4000-4
9.0 Sawcut & Remove AC and Concrete Pavement 4000-8
10.0 Sawcut & Remove Concrete Slope Protection 4000-9
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11.0 Clearing and Grubbing 4000-10
12.0 Unclassified Excavation 4000-15
13.0 Unclassified Excavation (Channel) 4000-16
14.0 Unclassified Fill 4000-17
15.0 Construct Bypass Road 4000-18
16.0 Cold Milling AC Pavement 4000-19
17.0 Asphalt Concrete 4000-20
18.0 Subgrade Preparation & Placement of Base 4000-22
Materials
19.0 Crushed Miscellaneous Base 4000-22
20.0 Asphalt Concrete (AC) Dike 4000-23
21.0 Concrete Construction 4000-23
22.0 Concrete Structures 4000-27
23.0 Masonry Block Wall 4000-28
24.0 HDPE Pipe 4000-29
25.0 Metal Fencing, Railing and Gates 4000-30
26.0 Chain Link Fencing 4000-31
27.0 Temporary Fence 4000-31
28.0 PVC Pipe 4000-32
29.0 Pull Box 4000-34
30.0 Signing, Striping and Pavement Markers 4000-34
31.0 Adjust to Grade Storm Drain Manhole 4000-39
32.0 Decomposed Granite 4000-39
33.0 Water Service Reconstruction 4000-39
34.0 Remove Communications Manhole/Vault 4000-40
35.0 Bridge Lighting 4000-40
36.0 Crack Seal & Slurry Seal 4000-41
37.0 In Pavement Solar Guide Light 4000-48
38.0 Thermoplastic Banding (CV Link) 4000-48
39.0 Paint Bridge Soffit & Exterior Girder 4000-51
40.0 Bridge Soffit Panels 4000-51
41.0 Pipe Gate 4000-52
Landscape and Irrigation 4000-53
Bridge 4000-65
IID Electrical 4000-80
CVWD Sewer and Water 4000-82
Appendix A: Escrow Agreement for Security Deposits In Lieu of Retention
Appendix B: Standard Plans
Appendix C: Project Permits
Appendix D: Environmental Commitments Record
Appendix E : Asbestos & Lead Reports
Appendix F: Exhibit 17-F & 17-O Forms
Appendix G: Quality Assurance Program (QAP)
Invitation to Bid 1100-1
SECTION 1100
INVITATION TO BID
City Project No. 2011-05
Federal Project No. BRNBIL (537)
DUNE PALMS ROAD BRIDGE IMPROVEMENTS
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 Monday, September 26, 2022 at which time they will be publicly opened and
read for performing work as follows:
The purpose of the project is to replace the existing low water crossing
spanning the Coachella Valley Storm Water Channel (CVSC) at Dune Palms
Road with a bridge crossing. The proposed work includes the roadway
approach reconstruction to meet the proposed bridge structure elevation;
street widening; construction of curb, curb/gutter, sidewalk, trail, retaining
walls, median paving, driveway approaches, concrete slope protection and
6-foot tall garden wall; asphalt pavement with aggregate base; bridge
construction; crack sealing and slurry sealing of roadway within
construction limits; construction of a catch basins and drywells along with
18” and 24” HDPE N-12 pipe; signing and striping; landscaping and
irrigation; and undergrounding of existing overhead utility poles. Project
will also require the construction and removal of a bypass road, along with
CVWD water main and sanitary sewer relocations. The sewer relocations
will require the Contractor to prepare and implement a sewer bypass plan,
which will need to be approved by CVWD. Contractor will also be required
to demolish two mobile homes along with the single-family home as noted
in the plans, includes the clearing of each housing pad and disconnecting
all utilities connections to the structures. 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.
This project shall be completed within 475 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 pre-bid conference is scheduled for 9:00 A.M., Thursday, September 8,
2022. The pre-bid conference will be held at City of La Quinta, City Hall
located at 78-495 Calle Tampico, La Quinta, California 92253.
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.
Invitation to Bid 1100-2
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.
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.
Invitation to Bid 1100-3
The project is partially funded with Federal Surface Transportation funds. As such, the
Contractor and Sub-Contractors shall comply with the Davis-Bacon Fair Labor
Standards Act (23 USC 113), and the implementation regulations issued pursuant
thereto (29 CFR Parts 1, 3, and 5) and any amendments thereof. Pursuant to the said
regulations, the Federal Prevailing Wage General Decision CA20220025 Modification
No. 8, dated August 12, 2022 herewith attached in Section 1300 Contract.
However, the most recent Federal Prevailing Wage Decision in effect for Riverside
County within 10 days of the bid opening shall be used.
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.
Bidders are advised that, as required by federal law, the City of La Quinta is
implementing Disadvantaged Business Enterprise requirements for Disadvantaged
Business Enterprises (DBE). Section 2000, "General Project Requirements," under
subsection titled "Disadvantaged Business Enterprises (DBE)" and subsection titled
"Performance of Subcontractors" of these special provisions cover the DBE
requirements. The DBE Contract goal is twenty-one percent (21%).
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.
Affirmative action to ensure against discrimination in employment practices on the
basis of race, religion, sex, color, national origin, age, or disability will also be required.
The City hereby affirmatively ensures that minority business enterprises will be
afforded full opportunity to submit bids in response to this notice and will not be
discriminated against on the basis of race, religion, sex, color, national origin, age, or
disability in any consideration leading to the award of contract.
The Contractor and Sub-Contractors shall comply with “Buy America” requirements (23
USC 313), and the implementing regulations issued pursuant thereto (23 CFR Section
635.410) and any amendments thereof.
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 Engineering 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.
Invitation to Bid 1100-4
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***
August 15, 2022
Rd
August 15, 2022
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 City Project No. 2011-05, Federal Project No. BRNBIL (537),
Dune Palms Road Bridge Improvements, 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 via
email and delivered at least five (5) days before the time announced for opening the
bids to both:
Lorissa Gruehl | Consultant Project Manager
NAI Consulting, Inc.
68-955 Adelina Road
Cathedral City, CA 92234
760-323-5344 - Phone
lgruehl@naiconsulting.com – Email
AND
Bryan McKinney | Public Works Director/City Engineer
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Bmckinney@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.
Instruction to Bidders 1110-3
The public reading of each bid will include at least the following:
A. Name and address of bidder.
B. The total amount of bid.
C. The nature and amount of the security furnished with the bid.
7.0 PREPARATION OF BID FORMS
Bids shall be made on the blank forms in this manual and must be submitted at the
time and place stated in the Invitation to Bid. All blanks in the bid forms must be
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 Areas plus all Additive Alternatives. 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
BIDDER ____________________________
ADDRESS ____________________________
____________________________
This envelope contains a SEALED BID for:
City Project No. 2011-05
Federal Project No. BRNBIL (537)
DUNE PALMS ROAD
BRIDGE IMPROVEMENTS
CITY OF LA QUINTA, CALIFORNIA
Envelope to be opened on:
September 26, 2022 @ 10:00 A.M.
Unless revised by Addendum.
Instruction to Bidders 1110-4
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.
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 GUARANTY
The bid form shall be accompanied by a bid guaranty bond provided by a guaranty
company authorized to carry on business in the State of California for payment to the
City in the sum of at least ten (10) percent of the total amount of the bid price, or,
alternatively, by a certified or cashier's check, payable to the City in the sum of at
least ten (10) percent of the total amount of the bid price. The bid guarantee bond
shall be provided on the form included in Section 1220, BID GUARANTY BOND, of
this Project Document. The amount payable to the City under the bid guaranty bond,
or the certified or cashier's check and the amount thereof, as the case may be, shall be
forfeited to the City as liquidated damages in case of a failure or neglect of the bidder
to furnish, execute, and deliver to the City the required performance and payment
bonds evidences of insurance; and to enter into, execute, and deliver to the City the
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 BID RIGGING
The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid
rigging activities. Contractors are encouraged to use the hotline to report bid rigging,
bidder collusion, and other fraudulent activities. The hotline number is (800) 424-
9071. The service is available 24 hours 7 days a week and is confidential and
anonymous. The hotline is part of the DOT's effort to identify and investigate highway
construction contract fraud and abuse and is operated under the direction of the DOT
Inspector General.
Instruction to Bidders 1110-6
17.0 QUALIFICATION OF BIDDER
Pursuant to Public Contract Code Section 20103.5, the Contractor must be properly
licensed as a contractor from contract award through contract acceptance.
Each bidder shall complete and submit with their bid Section 1230, CERTIFICATION
OF BIDDER'S EXPERIENCE AND QUALIFICATIONS.
Upon the request of City, any bidder whose bid is under consideration for the award of
the Contract shall promptly submit satisfactory evidence showing the bidder's financial
resources, its construction experience, and its organization's availability for the
performance of the Contract.
The bidder may be required to establish to the satisfaction of the City the reliability
and responsibility of the persons or entities proposed to furnish and perform the work
described in the Documents.
18.0 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.
Instruction to Bidders 1110-7
19.0 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.
20.0 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.
21.0 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
The project is partially funded with Federal Surface Transportation funds. As such, the
Contractor and Sub-Contractors shall comply with the Davis-Bacon Fair Labor
Standards Act (23 USC 113), and the implementation regulations issued pursuant
thereto (29 CFR Parts 1,3, and 5) and any amendments thereof. Pursuant to the said
regulations, the Federal Prevailing Wage General Decision CA20220025 Modification
No. 8, dated August 12, 2022 is herewith attached in Section 1300 Contract. The
wage rates are attached for reference, however, the most recent Federal Prevailing
Wage Decision in effect for Riverside County within 10 days of the bid opening shall be
used. These wage rates are available from the Wage Determinations Online’s Internet
web site at: https://sam.gov/content/wage-determinations.
In case of discrepancy between the Federal prevailing wages specified above and the
prevailing wage rates as determined by the Director of California Department of
Industrial Relations specified in Section 1400-4.11.2 PREVAILING WAGE, the
contractor shall pay the higher of the two rates.
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.
Instruction to Bidders 1110-8
22.0 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.
23.0 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.
24.0 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.
25.0 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.
Instruction to Bidders 1110-9
26.0 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.
27.0 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.
28.0 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.
29.0 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:
29.1 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 $751.00, 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.
Instruction to Bidders 1110-10
29.2 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.
29.3 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.
29.4 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.
29.5 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.
29.6 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.
29.7 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.
30.0 DISADVANTAGED BUSINESS ENTERPRISE (DBE)
The contractor, subrecipient or subcontractor shall take necessary and reasonable
steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26).
Instruction to Bidders 1110-11
To ensure equal participation of DBEs provided in 49 CFR 26.5, the City has
established a DBE goal of twenty-one percent (21%). The prime contractor shall
make work available to DBEs and select work parts consistent with available DBE
subcontractors and suppliers.
Bidders shall meet the DBE goal as shown above, or demonstrate that adequate, good
faith efforts were made to meet this goal.
It is the Bidder’s responsibility to verify that at date of bid opening the DBE firm is
certified as a DBE by using the California Unified Certification Program (CUCP)
database and possesses the most specific available North American Industry
Classification System (NAICS) codes and work code applicable to the type of work the
firm will perform on the contract. Additionally, the prime contractor is responsible to
document the verification record by printing out the CUCP data for each DBE firm. For
a list of DBEs certified by the California Unified Certification Program, go to:
http://www.dot.ca.gov/hq/bep/find_certified.htm.
All DBE participation will count toward the California Department of Transportation’s
federally mandated statewide overall DBE goal.
Credit for materials or supplies purchased by the Bidders from DBEs count toward the
goal in the following manner:
• 100 percent counts if the material or supplies are obtained from a DBE
manufacturer.
• 60 percent counts if the materials or supplies are obtained from a DBE
regular dealer.
• Only fees, commissions, and charges for assistance in the procurement
and delivery of materials or supplies count if obtained from a DBE that is
neither a manufacturer nor regular dealer (49 CFR 26.55 defines
“manufacturer” and “regular dealer”).
Bidders shall receive credit towards the goal if a DBE trucking company that performs
a commercially useful function as defined in 49 CFR 26.55(d)(1) as follows:
• The DBE must be responsible for the management and supervision of the
entire trucking operation for which it is responsible on a particular
contract, and there cannot be a contrived arrangement for the purpose of
meeting DBE goals.
• The DBE must itself own and operate at least one fully licensed, insured,
and operational truck used on the contract.
• The DBE receives credit for the total value of the transportation services
it provides on the Contract using trucks it owns, insures, and operates
using drivers it employs.
• The DBE may lease trucks from another DBE firm, including an owner-
operator who is certified as a DBE. The DBE who leases trucks from
another DBE receives credit for the total value of the transportation
services the lessee DBE provides on the Contract.
Instruction to Bidders 1110-12
• The DBE may lease trucks without drivers from a non-DBE truck leasing
company. If the DBE leases trucks from a non-DBE truck leasing
company and uses its own employees as drivers, it is entitled to credit for
the total value of these hauling services.
• A lease must indicate that the DBE has exclusive use of and control over
the truck. This does not preclude the leased truck from working for others
during the term of the lease with the consent of the DBE, so long as the
lease gives the DBE absolute priority for use of the leased truck. Leased
trucks must display the name and identification number of the DBE.
31.0 DBE Commitment Submittal
Bidders shall submit Exhibit 15-G Construction Contract DBE Commitment form,
included in Section 1270 of these specifications. This exhibit is the bidder’s DBE
commitment form. If the form is not submitted with the bid, Bidders shall remove the
form from the Bid before submitting.
The bidder shall complete and sign Exhibit 15-G Construction Contract DBE
Commitment included in the contract documents regardless of whether DBE
participation is reported. The bidder shall provide written confirmation from each DBE
that the DBE is participating in the Contract. A copy of a DBE’s quote serves as written
confirmation. If a DBE is participating as a joint venture partner, the bidder shall
submit a copy of the joint venture agreement.
If the DBE Commitment form, Exhibit 15-G, is not submitted with the bid, it must be
completed and submitted by all bidders to the City within five (5) days of bid opening.
If the bidder does not submit the DBE Commitment form within the specified time, the
City will find the bidder’s bid nonresponsive.
32.0 Good Faith Efforts Submittal
Exhibit 15-H: Proposer/Contractor Good Faith Efforts included in Section 1270 is due to
the City within five (5) days of bid opening. Days means calendar days. In computing
any period of time described in this part, the day from which the period begins to run
is not counted, and when the last day of the period is a Saturday, Sunday, or federal
holiday, the period extends to the next day that is not a Saturday, Sunday, or federal
holiday. Similarly, in circumstances where the City’s offices are closed for all or part of
the last day, the period extends to the next on which the City is open. Only good faith
efforts directed towards obtaining participation and meeting or exceeding the DBE
contract goal will be considered.
Submittal of good faith efforts documentation within the specified time protects Bidder
eligibility for award of the contract in the event the City finds that the DBE goal has not
been met.
Good faith efforts documentation must include the following information and
supporting documents, as necessary:
Instruction to Bidders 1110-13
1. Items of work that have made available to DBE firms. Identify those
items of work which might otherwise be performed by the bidder’s own
forces, and those items that have been broke down into economically
feasible units to facilitate DBE participation. For each item listed, show
the dollar value and total percentage of the contract. It is the Bidder’s
responsibility to demonstrate that sufficient work to meet the goal was
made available to DBE firms.
2. Names of certified DBE firm and the date on which the firm(s) were
solicited to bid on the project. Include the items of work offered. Describe
the methods used for following up initial solicitations in order to
determine with certainty if the DBE firms contacted were interested, and
the dates of the follow-up. Attach supporting documents such as copies
of letters, memos, facsimiles sent, telephone logs, telephone billing
statements, and all other evidence of solicitation. The Bidder is reminded
to solicit certified DBEs through all reasonable and available means and
provide sufficient time to allow DBEs to respond.
3. Name of selected firm and its status as a DBE for each item of work made
available. Include name, address, and telephone number of each DBE
that provided a quote and their price quote. If the firm selected for the
item is not a DBE, provide the reasons for the selection.
4. Name and date of each publication in which the Bidder requested DBE
participation for the project. Attach copies of the published
advertisements.
5. Names of agencies and dates on which they were contacted to provide
assistance in contacting, recruiting, and using DBE firms. If the agencies
were contacted in writing, provide copies of supporting documents.
6. List of efforts made to provide interested DBEs with adequate information
about the plans, specifications, and requirements of the contract to assist
them in responding to a solicitation. If Bidder has provided information,
identify the name of the DBE assisted, the nature of the information
provided, and date of contact. Provide copies of supporting documents,
as appropriate.
7. List of efforts made to assist interested DBEs in obtaining bonding, lines
of credit, insurance, necessary equipment, supplies, and materials,
excluding supplies and equipment that the DBE subcontractor purchases
or leases from the prime contractor or its affiliate. If such assistance is
provided by the Bidder, identify the name of the DBE assisted, nature of
the assistance offered, and date assistance was provided. Provide copies
of supporting documents, as appropriate.
8. Any additional data to support demonstration of good faith efforts.
The City may consider DBE commitments from other bidders when determining
whether the low bidder made good faith efforts to meet or exceed the DBE goal.
Instruction to Bidders 1110-14
33.0 Compliance with Iran Contracting Act of 2010. Pursuant to the Iran
Contracting Act of 2010 (Pub. Contract Code, § 2200 et seq.),
(a) Contractor shall be ineligible to bid on or submit a proposal for any contract for
One Million Dollars ($1,000,000) or more if Contractor engages in investment
activities in Iran as defined in Public Contract Code Section 2202.5, and/or if
Contractor is identified on the list of persons engaging in investment activities in
Iran prepared by the State of California pursuant to Public Contract Code
Section 2203 subdivision (b).
(b) For bids of One Million Dollars ($1,000,000) or more, Contractor must certify
that it is not on the list of ineligible vendors prohibited from doing business with
the State of California and shall complete the Iran Contracting Act Certification
and submit with their proposal at the time of bid. Contractor shall obtain the
Iran Contracting Act Certification in the form approved by the State of
California, or upon written request to the City Clerk’s Office, a copy of the form
will be provided to Contractor. Failure by Contractor to provide the certification
required by this Section may deem Contractor’s bid non-responsive.
(c) Nothing in this Section is intended to prevent the City from exercising its rights
pursuant to Public Contract Code section 2203, subdivision (c) or (d), or both,
on a case-by-case basis.
34.0 Compliance with California Executive Order N-6-22. Russian aggression
against Ukraine.
(a) Contractor shall comply with California Governor Executive Order N-6-22
regarding sanctions in response to Russian aggression in the Country of
Ukraine, and any implementing guidelines and/or economic sanctions imposed
by the United States government in response to Russian actions in Ukraine, as
well as any sanctions imposed under California law (collectively “economic
sanctions”). Contractor shall comply with all such economic sanctions. By
submitting a bid to the City, Contractor agrees to take any and all actions to
support the Ukrainian government and people as required by law, including by
refraining from new investments in, and financial transactions with, Russian
institutions or companies that are headquartered or have their principal place of
business in Russia (Russian entities), not transferring technology to Russia or
Russian entities, and directly providing support to the government and people of
Ukraine.
(b) If bidding on a contract for Five Million Dollars ($5,000,000) or more, Contractor
shall submit a written report to the City on Contractor’s compliance with the
economic sanctions, and the steps Contractor has taken in response to Russia's
actions in Ukraine, including, but not limited to, desisting from making new
investments in, or engaging in financial transactions with, Russian entities, not
transferring technology to Russia or Russian entities, and directly providing
support to the government and people of Ukraine as required by law. Failure to
submit the report required by this Section may deem Contractor’s bid non-
responsive.
***END OF SECTION***
Bid 1200-1
SECTION 1200
BID
DATE:
The undersigned, as bidder, declares it has received and examined the Contract
Document entitled City Project No. 2011-05, Federal Project No. BRNBIL (537),
Dune Palms Road Bridge Improvements, 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
1270 Federal Requirements Forms for Federal-Aid Construction Projects (The DBE
and subcontractor listings are to be submitted by the 5th calendar day after
bid openings all bidders)
1280 Russian Aggression Against Ukraine Sanctions
1290 Iran Contracting Act of 2010
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
City Project No. 2011-05
Federal Project No. BRNBIL (537)
DUNE PALMS ROAD BRIDGE IMPROVEMENTS
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 City Project No. 2011-05, Federal
Project No. BRNBIL (537), Dune Palms Road Bridge Improvements, 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 all Base Bid Areas
and 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. Furthermore, this project has broken
down the Base Bid areas according to project funding requirements, therefore several
of the same bid items have been split between the Base Bid Areas. The following is a
listing of the “duplicate” bid items numbers and their corresponding Base Bid location
for Contractor reference. In the Bid Schedule, the “Duplicate” items have been noted
with a (D) in the description.
Base Bid #1 Duplicate Base Bid Area
Description Item Number & Item Number (#-###)
Sawcut & Removal AC Pavement 5 2-91
Sawcut & Remove Conc. Slope Protection 7 3-116
Unclassified Excavation (Roadway) 9 2-93
Unclassified Fill (Roadway) 11 2-94
Suitable Backfill Material 12 2-95
Asphalt Concrete (T=4.5”) 14 2-97
Class 2 Aggregate Base (T=6.0”) 15 2-99
6” AC Dike 17 2-100
6” Curb & Gutter 18 2-101
8” Median Curb 19 2-102
Concrete Sidewalk (W=5.5’) 20 2-103
Concrete Driveway Approach 21 2-104
Colored Stamped Concrete Median 22 2-105
Concrete Slope Protection 26 3-117
Curb Ramp (Case A) 27 2-106
Bid Schedule 1210-2
6’ (Tall) Masonry Block Wall 28 2-107
4” Schedule 40 PVC, Landscaping Sleeve 47 2-108
4” Thick Decomposed Granite 51 3-132
Install Landscaping Plant Material & Irrigation 53 2-111
3/8” Crushed Rock (Apache Brown) 54 2-112
3/4" Crushed Rock (Desert Gold) 55 2-113
6” Minus – Baja Cresta Rubble 56 2-114
3/8” Decomposed Granite – Brimstone 57 2-115
Structure Excavation (Ret Wall) (F) 61 3-134
Structure Backfill (Ret Wall) (F) 62 3-135
Structural Concrete (Ret Wall) (F) 69 3-136
Bar Reinforcing Steel (Ret Wall) 74 3-137
BASE BID AREA – DUNE PALMS ROAD BRIDGE IMPROVEMENTS:
BASE BID #1; FEDERAL PARTICIPATING (STA 16+50 – 25+62)
Item
No. Item Description Est.
Qty. Unit
Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
Roadway Approaches
1 Mobilization 1 LS $ $
2 Best Management Practices 1 LS $ $
3 Traffic Control 1 LS $ $
4 Resident Engineers Trailer 18 MO $ $
4A Construction Monitoring
Camera 1 LS $ $
5 Sawcut & Remove AC
Pavement (D) 22,000 SF $ $
6 Remove Concrete Pavement
and Cut Off Wall (Crossing) 41,686 SF $ $
7 Sawcut & Remove Conc. Slope
Protection (D) 12,150 SF $ $
8 Clearing & Grubbing 1 LS $ $
9 Unclassified Excavation
(Roadway) (D) 555 CY $ $
10 Unclassified Excavation
(Channel) 3,200 CY $ $
11 Unclassified Fill (Roadway)
(D) 5,435 CY $ $
12 Suitable Backfill Material (D) 80 CY $ $
13 Construct & Remove Bypass
Road 1 LS $ $
Bid Schedule 1210-3
BASE BID #1; FEDERAL PARTICIPATING (STA 16+50 – 25+62)
Item
No. Item Description Est.
Qty. Unit
Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
14 Asphalt Concrete (T=4.5”) (D) 24,140 SF $ $
15 Class 2 Aggregate Base
(T=6.0”) (D) 24,140 SF $ $
16 Crushed Misc. Base 521 CY $ $
17 6” AC Dike (D) 135 LF $ $
18 6” Curb & Gutter (D) 448 LF $ $
19 8” Median Curb (D) 581 LF $ $
20 Concrete Sidewalk (W=5.5’)
(D) 4,148 SF $ $
21 Concrete Driveway Approach
(D) 1,034 SF $ $
22 Colored Stamped Concrete
Median (D) 711 SF $ $
23 Concrete Cross Gutter 1,215 SF $ $
24 8” Concrete Pavement 1,132 SF $ $
25 Type 1A Retaining Wall 1,829 SF $ $
26 Concrete Slope Protection (D) 1,195 CY $ $
27 Curb Ramp (Case A) (D) 1 EA $ $
28 6’ (Tall) Masonry Block Wall
(D) 300 LF $ $
29 Catch Basin Per LQ Std 300 &
Local Depression (Sump) 3 EA $ $
30 Catch Basin / Drywell System
w/ Local Depression (Sump) 1 EA $ $
31 Storm Drain Manhole No. 2
per MH252 1 EA $ $
32 Reconstruct to Grade, SD
Manhole 7 LF $ $
33 24” Storm Drain Outlet w/
Grate 1 EA $ $
34 42” Storm Drain Outlet w/
Grate 1 EA $ $
35 Concrete Collar Per M803 3 EA $ $
Bid Schedule 1210-4
BASE BID #1; FEDERAL PARTICIPATING (STA 16+50 – 25+62)
Item
No. Item Description Est.
Qty. Unit
Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
36 24” HDPE N-12, WT Joint SD
Pipe 232 LF $ $
37 Metal Fencing (Retaining Wall) 438 LF $ $
38 Metal Gate Assembly 2 EA $ $
39 Chain Link Fence H=6’, w/
Fabric 1,085 LF $ $
40 24’ Wide Vehicle Gate w/ Lock 1 EA $ $
41 Temporary Fence (High
Visibility) 700 LF $ $
42 Meter Pedestal Per LQ Std 730 1 EA $ $
43 Pipe Gate 26 LF $ $
44 2” Schedule 80 PVC, City
Comm. Conduit 2,042 LF $ $
45 Pull Box No. 3.5 (PCC) 6 EA $ $
46 Signing, Striping & Pavement
Markers 1 LS $ $
47 4” Schedule 40 PVC,
Landscaping Sleeve (D) 44 LF $ $
48 Adjust to Grade Storm Drain
Manhole 1 EA $ $
49 4" Thick Decomposed Granite
(D) (School Ret. & Pool Wall) 1,430 SF $ $
50 Remove Communications
MH/Vault 1 EA $ $
Landscaping
51 Install Landscaping Plant
Material & Irrigation (D) 4,600 SF $ $
52 3/8” Crushed Rock (Apache
Brown) (D) 3,490 SF $ $
53 3/4" Crushed Rock (Desert
Gold) (D) 1,130 SF $ $
54 6” Minus – Baja Cresta Rubble
(D) 465 SF $ $
55 3/8” Decomposed Granite –
Brimstone (D) 475 SF $ $
56 90-Day Maintenance Period 1 LS $ $
Bid Schedule 1210-5
BASE BID #1; FEDERAL PARTICIPATING (STA 16+50 – 25+62)
Item
No. Item Description Est.
Qty. Unit
Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
Bridge
57 Structure Excavation (Bridge)
(F) 151 CY $ $
58 Structure Backfill (Bridge) (F) 361 CY $ $
59 Structure Excavation (Ret Wall)
(F) (D) 204 CY $ $
60 Structure Backfill (Ret Wall) (F)
(D) 288 CY $ $
61 24” Cast-In-Drilled-Hole-Piling
(F) 3,076 LF $ $
62 60” Cast-In-Drilled-Hole-Piling
(F) 1,284 LF $ $
63 Prestressing Cast-In-Place
Concrete 1 LS $ $
64 Structural Concrete, Bridge
Polymer Fiber (4,500 PSI) (F) 1,130 CY $ $
65 Structural Concrete (Bridge
Footing) (F) 1,640 CY $ $
66 Structural Concrete (Bridge) (F) 285 CY $ $
67 Structural Concrete (Ret Wall)
(F) (D) 119 CY $ $
68 Structural Concrete, Approach
Slab (Type N 30) 206 CY $ $
69 Minor Concrete (Median Paving,
Colored and Stamped) (F) 116 CY $ $
70 Joint Seal Assembly (MR = 2
1/2”) 181 LF $ $
71 Bar Reinforcing Steel (Bridge)
(F)
1,191,53
6 LB $ $
72 Bar Reinforcing Steel (Ret Wall)
(D) (F) 11,881 LB $ $
73 Concrete Barrier (Type 732 SW
Mod) 968 LF $ $
74 Metal Railing (Bridge) 968 LF $ $
75 Bridge Lighting & Pull Boxes 1 LS $ $
76
Miscellaneous Metal - Conduit
Support System (Bridge)
1 LS $ $
Bid Schedule 1210-6
BASE BID #1; FEDERAL PARTICIPATING (STA 16+50 – 25+62)
Item
No. Item Description Est.
Qty. Unit
Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
CVWD Sewer Main Relocation
77 Remove Sewer Manhole 3 EA $ $
78 Remove Pipe 201 LF $ $
79 Reconstruct Sewer Manhole 7.4 LF $ $
80 48” Sewer Manhole 4 EA $ $
81 12” PVC Sewer Pipe 49 LF $ $
82 18” PVC Sewer Pipe 166 LF $ $
83 Remove Structural
Encasement 43 LF $ $
84 Remove 36” Steel Sleeve 73 LF $ $
85 Structural Encasement 50 LF $ $
86 Sewer Bypass 1 LS $ $
CVWD Water Main Relocation
87
18” CL 350 DIP Watermain w/
Restr. Jts, Zinc Coated & V Bio
Poly Wrapped
670 LF $ $
88 Remove Blind Flange 2 EA $ $
89 Remove Water Main 646 LF $ $
90 36” Steel Sleeve 24 LF $ $
Total Amount of Base Bid #1; Bid Items 1 – 90 $
Bid Schedule 1210-7
BASE BID #2; NON-FEDERAL PARTICIPATING (STA 10+82 – 16+50 & 25+62 – 36+05)
Item
No. Item Description Est.
Qty. Unit
Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
Roadway Items
91 Sawcut & Remove AC
Pavement (D) 16,190 SF $ $
92 Clearing & Grubbing 1 LS $ $
93 Unclassified Excavation
(Roadway) (D) 275 CY $ $
94 Unclassified Fill (Roadway)
(D) 640 CY $ $
95 Suitable Backfill Material (D) 51 CY $ $
96 Cold Mill AC Pavement
(T=0.10’) (D) 3,360 SF $ $
97 Asphalt Concrete (T=4.5”) (D) 18,540 SF $ $
98 Asphalt Concrete (T=0.10’)
(D) 3,360 SF $ $
99 Class 2 Aggregate Base
(T=6.0”) (D) 18,540 SF $ $
100 6” AC Dike (D) 351 LF $ $
101 6” Curb & Gutter (D) 347 LF $ $
102 8” Median Curb (D) 2,093 LF $ $
103 Concrete Sidewalk (W=5.5’)
(D) 4,909 SF $ $
104 Concrete Driveway Approach
(D) 723 SF $ $
105 Colored Stamped Concrete
Median (D) 1,360 SF $ $
106 Curb Ramp (Case A) (D) 1 EA $ $
107 6’ (Tall) Masonry Block Wall
(D) 60 LF $ $
108 Signing, Striping & Pavement
Markers 1 LS $ $
109 4” Schedule 40 PVC,
Landscaping Sleeve (D) 44 LF $ $
110
Water Service Manifold
Reconstruction
1 LS $ $
Bid Schedule 1210-8
BASE BID #2; NON-FEDERAL PARTICIPATING (STA 10+82 – 16+50 & 25+62 – 36+05)
Item
No. Item Description Est.
Qty. Unit
Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
Landscaping
111 Install Landscaping Plant
Material & Irrigation (D) 1,630 SF $ $
112 3/8” Crushed Rock (Apache
Brown) (D) 1,235 SF $ $
113 3/4" Crushed Rock (Desert
Gold) (D) 395 SF $ $
114 6” Minus – Baja Cresta Rubble
(D) 160 SF $ $
115 3/8” Decomposed Granite –
Brimstone (D) 165 SF $ $
Total Amount of Base Bid #2; Bid Items 91 - 115 $
BASE BID #3 – CV LINK
Item
No.
Item Description
Est.
Qty.
Unit
Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
CV Link Trail Plan Items
116 Sawcut & Remove Conc. Slope
Protection (D) 13,450 SF $ $
117 Concrete Slope Protection (D) 790 CY $ $
118 18” Storm Drain Outlet w/
Grate 1 EA $ $
119 18” HDPE N-12, WT Joint SD
Pipe 58 LF $ $
120 Class 2 Aggregate Base
(T=4”) 13,360 SF $ $
121 Concrete Trail (T=6”) 13,360 SF $ $
122 Curb Ramp (Case B, Type 1) 2 EA $ $
123 Metal Railing (Trail Retaining
Walls) 274 LF $ $
124 Metal Railing (Trail
Undercrossing) 730 LF $ $
125 Install City Furnished In
Pavement Solar Guide Light 18 EA $ $
Bid Schedule 1210-9
BASE BID #3 – CV LINK
Item
No.
Item Description
Est.
Qty.
Unit
Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
126 Thermoplastic Banding
(Undercrossing) 1,588 SF $ $
127 6” Solid White Stripe (Paint)
(Trail) 180 LF $ $
128 Paint Bridge Soffit & Exterior
Girder 1 LS $ $
129 F&I Soffit Panels w/ Electrical
Connections 1 LS $ $
130 3” Schedule 40 PVC, CV Link
Conduit 990 LF $ $
131 Pull Box No. 3.5 (PCC) 4 EA $ $
132 4" Thick Decomposed Granite
(D) 6,400 SF $ $
133 Concrete Wedge Curb 288 LF $ $
CV Link Bridge Plan Items
134 Structure Excavation (Ret Wall)
(F) (D) 368 CY $ $
135 Structure Backfill (Ret Wall) (F)
(D) 501 CY $ $
136 Structural Concrete (Ret Wall)
(F) (D) 201 CY $ $
137 Bar Reinforcing Steel (Ret Wall)
(D) 20,001 LB $ $
Total Amount of Base Bid #3; Bid Items 116 - 137 $
BASE BID #4 – UNDERGROUND ELECTRICAL SYSTEM
Item
No.
Item Description
Est.
Qty.
Unit
Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
138 Dry Utility Trenching 900 LF $ $
139 Large Vault Per IID Standard 1 EA $ $
140 3” Sch. 40 PVC, IID Conduit 30 LF $ $
141 4” Sch. 40 PVC, IID Conduit 100 LF $ $
Bid Schedule 1210-10
BASE BID #4 – UNDERGROUND ELECTRICAL SYSTEM
Item
No.
Item Description
Est.
Qty.
Unit
Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
142 5” Sch. 40 PVC, IID Conduit 520 LF $ $
143 6” Sch. 40 PVC, IID Conduit 4,000 LF $ $
144 5” Riser for Pole 1 EA $ $
145 Transformer Pad (Single
Phase) per IID Standard 1 EA $ $
Total Amount of Base Bid #4; Bid Items 138 - 145 $
The City may choose to Award All, Some, or None of the Following Additive Alternates:
ADDITIVE ALTERNATE A – ROADWAY (STA 10+82 – 16+50 & 25+62 – 36+05)
Item
No.
Item Description
Est.
Qty.
Unit
Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
146 Crack Seal & Type II Slurry
Seal 136,650 SF $ $
Total Amount of Additive Alternate “A” Bid Item 146 $
ADDITIVE ALTERNATE B – CVWD SEWER ADJUSTMENTS
Item
No.
Item Description
Est.
Qty.
Unit
Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
147 Adjust to Grade Sewer
Manhole Lid & Frame to Grade 2 EA $ $
148 Adjust Sewer Cleanout to
Grade 1 EA $ $
149 Relocate Sewer Cleanout 1 EA $ $
150 Reconstruct Sewer Manhole 13 LF $ $
Total Amount of Additive Alternate “B” Bid Items
147-150 $
Bid Schedule 1210-11
ADDITIVE ALTERNATE C – CVWD WATER ADJUSTMENT
Item
No.
Item Description
Est.
Qty.
Unit
Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
151 Adjust to Grade, Water Valve
Can and Lid 8 EA $ $
Total Amount of Additive Alternate “C” Bid Item 151 $
ADDITIVE ALTERNATE D – CVWD WATER RELOCATION
Item
No.
Item Description
Est.
Qty.
Unit
Unit Price
(in figures)
Dollars
Item Total
(in figures)
Dollars
152 Relocate Air Vac Assembly 2 EA $ $
Total Amount of Additive Alternate “D” Bid Item 152 $
GRAND TOTAL ALL BASE BIDS AND ALL ADDITIVE ALTERNATES (Figures):
$
GRAND TOTAL ALL BASE BIDS AND 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. 2011-05
Federal Project No. BRNBIL (537)
DUNE PALMS ROAD BRIDGE IMPROVEMENTS
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
, 2022.
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.
Certification of Bidder’s Experience and 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: ________________________________________
Certification of Bidder’s Experience and 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 , 2022.
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.
Federal Requirements Forms for Federal-Aid Construction Projects 1270-1
Equal Employment Opportunity Certification
SECTION 1270
FEDERAL REQUIREMENTS FORMS FOR FEDERAL-AID CONSTRUCTION
PROJECTS
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The
bidder_____________________________________________________________
____, proposed subcontractor
_______________________________________________, hereby certifies that he
has ______ , has not , participated in a previous contract or subcontract
subject to the equal opportunity clauses, as required by Executive Orders 10925,
11114, or 11246, and that, where required, he has filed with the Joint Reporting
Committee, the Director of the Office of Federal Contract Compliance, a Federal
Government contracting or administering agency, or the former President's
Committee on Equal Employment Opportunity, all reports due under the applicable
filling requirements.
Note: The above certification is required by the Equal Employment Opportunity
Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be
submitted by bidders and proposed subcontractors only in connection with
contracts and subcontracts which are subject to the equal opportunity clause.
Contracts and subcontracts which are exempt from the equal opportunity
clause are set forth in 41 CFR 60-1.5. (Generally only contracts or
subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the
Executive Orders or their implementing regulations.
Proposed prime contractors and subcontractors who have participated in a previous
contract or subcontract subject to the Executive Orders and have not filed the
required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of
contracts and subcontracts unless such contractor submits a report covering the
delinquent period or such other period specified by the Federal Highway
Administration or by the Director, Office of Federal Contract Compliance, U.S.
Department of Labor.
Federal Requirements Forms for Federal-Aid Construction Projects 1270-2
Public Contract Code Certification
PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats.
1985), the bidder hereby declares under penalty of perjury under the laws of the
State of California that the bidder has ___ , has not ___ been convicted within the
preceding three years of any offenses referred to in that section, including any charge
of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or
Federal antitrust law in connection with the bidding upon, award of, or performance
of, any public works contract, as defined in Public Contract Code Section 1101, with
any public entity, as defined in Public Contract Code Section 1100, including the
Regents of the University of California or the Trustees of the California State
University. The term "bidder" is understood to include any partner, member, officer,
director, responsible managing officer, or responsible managing employee thereof,
as referred to in Section 10285.1.
Note: The bidder must place a checkmark after "has" or "has not" in one of the blank
spaces provided. The above Statement is part of the Proposal. Signing this
Proposal on the signature portion thereof shall also constitute signature of this
Statement.
Bidders are cautioned that making a false certification may subject the certifier
to criminal prosecution.
Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162, the Bidder shall complete,
under penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a
proprietary interest in the bidder, ever been disqualified, removed, or otherwise
prevented from bidding on, or completing a federal, state, or local government
project because of a violation of law or a safety regulation?
Yes _____ No _____
If the answer is yes, explain the circumstances in the following space.
Federal Requirements Forms for Federal-Aid Construction Projects 1270-3
Public Contract Code Certification
Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232, the Contractor, hereby
states under penalty of perjury, that no more than one final unappealable finding of
contempt of court by a federal court has been issued against the Contractor within
the immediately preceding two-year period because of the Contractor's failure to
comply with an order of a federal court which orders the Contractor to comply with
an order of the National Labor Relations Board.
Note: The above Statement and Questionnaire are part of the Proposal. Signing this
Proposal on the signature portion thereof shall also constitute signature of this
Statement and Questionnaire.
Bidders are cautioned that making a false certification may subject the certifier to
criminal prosecution.
Federal Requirements Forms for Federal-Aid Construction Projects 1270-4
Debarment and Suspension Certification
DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or
any other person associated therewith in the capacity of owner, partner, director,
officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or
determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined
ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered
against it by a court of competent jurisdiction in any matter involving
fraud or official misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following
space.
Exceptions will not necessarily result in denial of award, but will be considered in
determining bidder responsibility. For any exception noted above, indicate below to
whom it applies, initiating agency, and dates of action.
Notes: Providing false information may result in criminal prosecution or
administrative sanctions.
The above certification is part of the Proposal. Signing this Proposal on the
signature portion thereof shall also constitute signature of this Certification.
Federal Requirements Forms for Federal-Aid Construction Projects 1270-5
Non-Lobbying Certification for Federal-Aid Contracts
NON-LOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or proposal,
to the best of his or her knowledge and belief, that:
(l) No Federal appropriated funds have been paid or will be paid, by or on
behalf of the undersigned, to any person for influencing or attempting
to influence an officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence an
officer or employee of any Federal agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance
with its instructions.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352,
Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that
he or she shall require that the language of this certification be included in all lower
tier subcontracts, which exceed $100,000 and that all such sub-recipients shall certify
and disclose accordingly.
Federal Requirements Forms for Federal-Aid Construction Projects 1270-6
Disclosure of Lobbying Activities
DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURUSUANT TO 31 USC 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract
a. bid/offer/application
a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year _____ quarter ________
f. loan insurance date of last report __________
4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:
Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable ___________________
8. Federal Action Number, if known: 9. Award Amount, if known:
10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including
(If individual, last name, first name, MI) address if different from No. 10a)
(last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply)
$ _____________ actual planned a. retainer
b. one-time fee
12. Form of Payment (check all that apply): c. commission
a. cash d. contingent fee
b. in-kind; specify: nature ______________ e deferred
value ______________ f. other, specify _________________________
14. Brief Description of Services Performed or to be performed and Date(s) of Service, including
officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheet(s) if necessary)
15. Continuation Sheet(s) attached: Yes No
16. Information requested through this form is authorized by
Title 31 U.S.C. Section 1352. This disclosure of lobbying
reliance was placed by the tier above when his transaction
was made or entered into. This disclosure is required
pursuant to 31 U.S.C. 1352. This information will be
reported to Congress semiannually and will be available for
public inspection. Any person who fails to file the required
disclosure shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
Signature: ________________________________________
Print Name: ______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date: __________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 09-12-97
Federal Requirements Forms for Federal-Aid Construction Projects 1270-7
Disclosure of Lobbying Activities
INSTRUCTIONS FOR COMPLETION OF SF-LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee
or prime Federal recipient, at the initiation or receipt of covered Federal action or a
material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing
of a form is required for such payment or agreement to make payment to lobbying
entity for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress an officer or employee of Congress or an employee of a
Member of Congress in connection with a covered Federal action. Attach a
continuation sheet for additional information if the space on the form is inadequate.
Complete all items that apply for both the initial filing and material change report.
Refer to the implementing guidance published by the Office of Management and
Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or
has been secured to influence, the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report
caused by a material change to the information previously reported, enter the
year and quarter in which the change occurred. Enter the date of the last,
previously submitted report by this reporting entity for this covered Federal
action.
4. Enter the full name, address, city, state and zip code of the reporting entity.
Include Congressional District if known. Check the appropriate classification
of the reporting entity that designates if it is or expects to be a prime or
subaward recipient. Identify the tier of the subawardee, e.g., the first
subawardee of the prime is the first tier. Subawards include but are not limited
to subcontracts, subgrants and contract awards under grants.
5. If the organization filing the report in Item 4 checks "Subawardee" then enter
the full name, address, city, state and zip code of the prime Federal recipient.
Include Congressional District, if known.
6. Enter the name of the Federal agency making the award or loan commitment.
Include at least one organization level below agency name, if known. For
example, Department of Transportation, United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action
(item 1). If known, enter the full Catalog of Federal Domestic Assistance
(CFDA) number for grants, cooperative agreements, loans and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal
action identification in item 1 (e.g., Request for Proposal (RFP) number,
Invitation for Bid (IFB) number, grant announcement number, the contract
grant. or loan award number, the application/proposal control number
assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan
commitment by the Federal agency, enter the Federal amount of the
award/loan commitments for the prime entity identified in item 4 or 5.
Federal Requirements Forms for Federal-Aid Construction Projects 1270-8
Disclosure of Lobbying Activities
10.(a) Enter the full name, address, city, state and zip code of the lobbying entity
engaged by the reporting entity identified in item 4 to influenced the covered
Federal action.
(b) Enter the full names of the individual(s) performing services and include
full address if different from 10 (a). Enter Last Name, First Name and Middle
Initial (Ml).
11.Enter the amount of compensation paid or reasonably expected to be paid by
the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether
the payment has been made (actual) or will be made (planned). Check all
boxes that apply. If this is a material change report, enter the cumulative
amount of payment made or planned to be made.
12.Check the appropriate box. Check all boxes that apply. If payment is made
through an in-kind contribution, specify the nature and value of the in-kind
payment.
13.Check the appropriate box. Check all boxes that apply. If other, specify
nature.
14.Provide a specific and detailed description of the services that the lobbyist has
performed or will be expected to perform and the date(s) of any services
rendered. Include all preparatory and related activity not just time spent in
actual contact with Federal officials. Identify the Federal officer(s) or
employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress
that were contacted.
15. Check whether or not a continuation sheet(s) is attached.
16.The certifying official shall sign and date the form, print his/her name title and
telephone number.
Public reporting burden for this collection of information is estimated to average 30
minutes per response, including time for reviewing instruction, searching existing
data sources, gathering and maintaining the data needed, and completing and
reviewing the collection of information. Send comments regarding the burden
estimate or any other aspect of this collection of information, including suggestions
for reducing this burden, to the Office of Management and Budget, Paperwork
Reduction Project (0348-0046), Washington, D.C. 20503.SF-LLL-Instructions Rev.
06-04-90«ENDIF»
Federal Requirements Forms for Federal-Aid Construction Projects 1270-9
Exhibit 15-G Construction Contract DBE Commitment
EXHIBIT 15-G CONSTRUCTION CONTRACT DBE COMMITMENT
1. Local Agency: City of La Quinta 2. Contract DBE Goal: 21%
3. Project Description: 2011-05 Dune Palms Road Bridge Improvements
4. Project Location: Dune Palms Road Spanning Coachella Valley Stormwater Channel
5. Bidder's Name: 6. Prime Certified DBE: 7. Bid Amount:
8. Total Dollar Amount for ALL Subcontractors: 9. Total Number of ALL Subcontractors
10. Bid
Item
Number
11. Description of Work, Service, or
Materials Supplied
12. DBE
Certification
Number
13. DBE Contact Information
(Must be certified on the date bids are opened)
14. DBE
Dollar
Amount
Local Agency to Complete this Section upon Execution of Award
15. TOTAL CLAIMED DBE PARTICIPATION
21. Local Agency Contract Number: 2011-05
22. Federal-Aid Project Number: BRNBIL (537) %
23. Bid Opening Date:
24. Contract Award Date:
IMPORTANT: Identify all DBE firms being claimed for credit, regardless
of tier. Names of the First Tier DBE Subcontractors and their respective
item(s) of work listed above must be consistent, where applicable with
the names and items of the work in the "Subcontractor List" submitted
with your bid. Written confirmation of each listed DBE is required.
25. Award Amount:
Local Agency certifies that all DBE certifications are valid and information
on this form is complete and accurate.
26. Local Agency Representative's Signature 27. Date 16. Preparer's Signature 17. Date
28. Local Agency Representative's Name 29. Phone 18. Preparer's Name 19. Phone
30. Local Agency Representative's Title 20. Preparer's Title
DISTRIBUTION: 1. Original – Local Agency
2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30
days of contract execution may result in de-obligation of federal funds on contract.
3. Include additional copy with award package.
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD
(916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.
Federal Requirements Forms for Federal-Aid Construction Projects 1270-10
Exhibit 15-G Construction Contract DBE Commitment
INSTRUCTIONS – CONSTRUCTION CONTRACT DBE COMMITMENT
CONTRACTOR SECTION 1. Local Agency - Enter the name of the local agency that is administering the contract. 2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement. 3. Project Location - Enter the project location(s) as it appears on the project advertisement. 4. Project Description - Enter the project description as it appears on the project advertisement (Bridge
Rehab, Seismic Rehab, Overlay, Widening, etc). 5. Bidder’s Name - Enter the contractor’s firm name. 6. Prime Certified DBE - Check box if prime contractor is a certified DBE. 7. Bid Amount - Enter the total contract bid dollar amount for the prime contractor. 8. Total Dollar Amount for ALL Subcontractors – Enter the total dollar amount for all subcontracted
contractors. SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count. 9. Total number of ALL subcontractors – Enter the total number of all subcontracted contractors. SUM =
(DBEs + all Non-DBEs). Do not include the prime contractor information in this count. 10. Bid Item Number - Enter bid item number for work, services, or materials supplied to be provided. 11. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials
to be provided. Indicate all work to be performed by DBEs including work performed by the prime contractor’s
own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE,
describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how
to count the participation of DBE firms. 12. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified
on the date bids are opened. 13. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted
contractors. Also, enter the prime contractor’s name and phone number, if the prime is a DBE. 14. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be
provided. Include the prime contractor if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial
participation. 15. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount”
column.%: Enter the total DBE participation claimed (“Total Claimed DBE Participation Dollars” divided by
item “Bid Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented
Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM). 16. Preparer’s Signature - The person completing the DBE commitment form on behalf of the contractor’s firm
must sign their name. 17. Date - Enter the date the DBE commitment form is signed by the contractor’s preparer. 18. Preparer’s Name - Enter the name of the person preparing and signing the contractor’s DBE commitment
form. 19. Phone - Enter the area code and phone number of the person signing the contractor’s DBE commitment
form. 20. Preparer’s Title - Enter the position/title of the person signing the contractor’s DBE commitment form.
LOCAL AGENCY SECTION 21. Local Agency Contract Number - Enter the Local Agency contract number or identifier. 22. Federal-Aid Project Number - Enter the Federal-Aid Project Number(s). 23. Bid Opening Date - Enter the date contract bids were opened. 24. Contract Award Date - Enter the date the contract was executed. 25. Award Amount – Enter the contract award amount as stated in the executed contract. 26. Local Agency Representative’s Signature - The person completing this section of the form for the Local
Agency must sign their name to certify that the information in this and the Contractor Section of this form is
complete and accurate. 27. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative. 28. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the
contractor’s DBE commitment form. 29. Phone - Enter the area code and phone number of the person signing the contractor’s DBE commitment
form. 30. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying
the contractor’s DBE commitment form.
Local Assistance Procedures Manual Exhibit 15-G
Construction Contract DBE Commitment
Federal Requirements Forms for Federal-Aid Construction Projects 1270-11
Exhibit 15-H DBE Information – Good Faith Efforts
EXHIBIT 15-H: Proposer/Contractor Good Faith Efforts
Federal-aid Project No. BRNBIL (537)_______Bid Opening Date ___________________
The City of La Quinta established a Disadvantaged Business Enterprise (DBE) goal of 21 %
for this contract. The information provided herein shows the required good faith efforts to
meet or exceed the DBE contract goal.
Proposers or bidders submit the following information to document their good faith efforts
within five (5) calendar days from bid opening. Proposers and bidders are recommended to
submit the following information even if the Exhibit 10-O1: Consultant Proposal DBE
Commitments or Exhibit 15-G: Construction Contract DBE Commitment indicate that the
proposer or the bidder has met the DBE goal. This form protects the proposer’s or the
bidder’s eligibility for award of the contract if the administering agency determines that the
bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid
opening, or the bidder made a mathematical error.
The following items are listed in the Section entitled “Submission of DBE Commitment” of
the Special Provisions, please attach additional sheets as needed:
A. The names and dates of each publication in which a request for DBE participation for
this project was placed by the bidder (please attach copies of advertisements or proofs
of publication):
Publications Dates of Advertisement
B. The names and dates of written notices sent to certified DBEs soliciting bids for this
project and the dates and methods used for following up initial solicitations to
determine with certainty whether the DBEs were interested (please attach copies of
solicitations, telephone records, fax confirmations, etc.):
Names of DBEs Solicited DDate of Initial
Solicitation
Follow Up Methods and Dates
Local Assistance Procedures Manual Exhibit 15-G
Construction Contract DBE Commitment
Federal Requirements Forms for Federal-Aid Construction Projects 1270-12
Exhibit 15-H DBE Information – Good Faith Efforts
C. The items of work made available to DBE firms including those unbundled contract
work items into economically feasible units to facilitate DBE participation. It is the
bidder’s responsiblitiy to demonstrate that sufficient work to facilitate DBE
participation in order to meet or exceed the DBE contract goal.
Items of Work Bidder Normally
Performs Item
(Y/N)
Breakdown of
Items
Amount
($)
Percentage
Of
Contract
D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the
bidder's rejection of the DBEs, the firms selected for that work (please attach copies
of quotes from the firms involved), and the price difference for each DBE if the selected
firm is not a DBE:
Names, addresses and phone numbers of rejected DBEs and the reasons for the
bidder's rejection of the DBEs:
Names, addresses and phone numbers of firms selected for the work above:
E. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs
in obtaining information related to the plans, specifications and requirements
for the work which was provided to DBEs:
Local Assistance Procedures Manual Exhibit 15-G
Construction Contract DBE Commitment
Federal Requirements Forms for Federal-Aid Construction Projects 1270-13
Exhibit 15-H DBE Information – Good Faith Efforts
F. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in
obtaining bonding, lines of credit or insurance, necessary equipment, supplies,
materials or related assistance or services, excluding supplies and equipment the DBE
subcontractor purchases or leases from the prime contractor or its affiliate:
G. The names of agencies, organizations or groups contacted to provide assistance in
contacting, recruiting and using DBE firms (please attach copies of requests to
agencies and any responses received, i.e., lists, Internet page download, etc.):
Name of Agency/Organization Method/Date of Contact Results
H. Any additional data to support a demonstration of good faith efforts:
Federal Requirements Forms for Federal-Aid Construction Projects 1270-14
Exhibit 12-B Bidder’s List of Subcontractors (DBE and Non-DBE)
Exhibit 12-B Bidder’s List of subcontractor (DBE and Non-DBE) - Part 1
As of March 1, 2015, Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and
certified to bid on Public Works contracts. Please register at: https://www.dir.ca.gov/Public-Works/Contractor-Registration.html. The City will verify registration of all
contractors and subcontractors on public works projects at bid and thereafter annually to assure that yearly registration is maintained throughout the life of the project.
In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the
following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000
(whichever is greater). Photocopy this form for additional firms. Federal Project Number: BRNBIL (537)_____
Subcontractor Name and
Location
Line Item & Description Subcontract
Amount
Percentage
of Bid Item
Sub-
contracted
Contractor
License
Number
DBE
(Y/N)
DBE Cert
Number
Annual Gross Receipts
DIR Reg
Number
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Distribution: 1) Original-Local Agency File 2) Copy-DLAE w/ Award Package
Federal Requirements Forms for Federal-Aid Construction Projects 1270-15
Exhibit 12-B Bidder’s List of Subcontractors (DBE and Non-DBE)
Exhibit 12-B Bidder’s List of subcontractor (DBE and Non-DBE)
Part 2
In accordance with Title 49, Section 26 of the Code of Federal Regulations, the Bidder shall list all subcontractor who provide a quote or bid but were not
selected to participate as a subcontractor on this project. Photocopy this form for additional firms. Federal Project Number: BRNBIL (537)
Subcontractor Name and
Location
Line Item & Description Subcontract
Amount
Percentage
of Bid Item
Sub-
contracted
Contractor
License
Number
DBE
(Y/N)
DBE Cert
Number
Annual Gross Receipts
DIR Reg
Number
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Name:
City, State:
<$1 million
<$5 million
<$10 million
<$15 million
Age of Firm: ___ yrs.
Distribution: 1) Original-Local Agency File 2) Copy-DLAE w/ Award Package
SECTION 1280
COMPLIANCE WITH CALIFORNIA EXECUTIVE ORDER N-6-22
RUSSIAN AGGRESSION AGAINST UKRAINE
(a) Contractor shall comply with California Governor Executive Order N-6-22
regarding sanctions in response to Russian aggression in the Country of Ukraine,
and any implementing guidelines and/or economic sanctions imposed by the
United States government in response to Russian actions in Ukraine, as well as
any sanctions imposed under California law (collectively “economic
sanctions”). Contractor shall comply with all such economic sanctions. By
submitting a bid to the City, Contractor agrees to take any and all actions to
support the Ukrainian government and people as required by law, including by
refraining from new investments in, and financial transactions with, Russian
institutions or companies that are headquartered or have their principal place of
business in Russia (Russian entities), not transferring technology to Russia or
Russian entities, and directly providing support to the government and people
of Ukraine.
(b) If bidding on a contract for Five Million Dollars ($5,000,000) or more, Contractor
shall submit a written report to the City on Contractor’s compliance with the
economic sanctions, and the steps Contractor has taken in response to Russia's
actions in Ukraine, including, but not limited to, desisting from making new
investments in, or engaging in financial transactions with, Russian entities, not
transferring technology to Russia or Russian entities, and directly providing
support to the government and people of Ukraine as required by law. Failure to
submit the report required by this Section may deem Contractor’s bid non-
responsive.
Please include a written report to the City if this section is applicable.
SECTION 1290
COMPLIANCE WITH IRAN CONTRACTING ACT OF 2010
Pursuant to the Iran Contracting Act of 2010 (Pub. Contract Code, § 2200 et seq.),
(a)Contractor shall be ineligible to bid on or submit a proposal for any contract for
One Million Dollars ($1,000,000) or more if Contractor engages in investment
activities in Iran as defined in Public Contract Code Section 2202.5, and/or if
Contractor is identified on the list of persons engaging in investment activities
in Iran prepared by the State of California pursuant to Public Contract Code
Section 2203 subdivision (b).
(b)For bids of One Million Dollars ($1,000,000) or more, Contractor must certify
that it is not on the list of ineligible vendors prohibited from doing business with
the State of California and shall complete the Iran Contracting Act Certification
and submit with their proposal at the time of bid. Contractor shall obtain the
Iran Contracting Act Certification in the form approved by the State of California,
or upon written request to the City Clerk’s Office, a copy of the form will be
provided to Contractor. Failure by Contractor to provide the certification
required by this Section may deem Contractor’s bid non-responsive.
(c)Nothing in this Section is intended to prevent the City from exercising its rights
pursuant to Public Contract Code section 2203, subdivision (c) or (d), or both,
on a case-by-case basis.
1290-2
Iran Contracting Act Certification
IRAN CONTRACTING ACT CERTIFICATION
Pursuant to the Iran Contract Act of 2010 (Public Contract Code 2200-2208), Vendors/Bidders
are ineligible to bid on or submit a proposal for any contract with a public entity for goods or
services of one million dollars ($1,000,000) or more if the Vendor/Bidder engages in
investment activities in Iran.
MUST BE SUBMITTED WITH BID PROPOSAL IF BID AMOUNT IS $1,000,000 OR MORE
Prior to bidding on, submitting a proposal, or executing a contract or renewal for a public entity
contract for goods or services of $1,000,000 or more, a vendor must either: a) certify it is not
on the current list of persons engaged in investment activities in Iran created by the California
Department of General Services (“DGS”) pursuant to Public Contract Code section 2203(b) and
is not a financial institution extending $20,000,000 or more in credit to another person, for 45
days or more, if that other person will use the credit to provide goods or services in the energy
sector in Iran and is identified on the current list of persons engaged in investment activities in
Iran created by DGS; or b) demonstrate it has been exempted from the certification
requirement for that solicitation or contract pursuant to Public Contract Code section 2203(c)
or (d).
To comply with this requirement, please insert your vendor or financial institution name and
Federal ID Number (if available) and complete one of the options below. Please note: California
law establishes penalties for providing false certifications, including civil penalties equal to the
greater of $250,000 or twice the amount of the contract for which the false certification was
made, contract termination, and three-year ineligibility to bid on contracts. (Pub. Cont. Code §
2205.)
OPTION #1 - CERTIFICATION
I, the official named below, certify I am duly authorized to execute this certification on behalf of
the vendor/financial institution identified below, and the vendor/financial institution identified
below is not on the current list of persons engaged in investment activities in Iran created by
DGS and is not a financial institution extending twenty million dollars ($20,000,000) or more in
credit to another person/vendor, for 45 days or more, if that other person/vendor will use the
credit to provide goods or services in the energy sector in Iran and is identified on the current
list of persons engaged in investment activities in Iran created by DGS.
I certify (or declare) under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Vendor Name/Financial Institution (Printed) Federal ID Number (or n/a)
By (Authorized Signature)
Printed Name and Title of Person Signing Date Executed
1290-3Iran Contracting Act Certification
OPTION #2 – EXEMPTION
Pursuant to Public Contract Code sections 2203(c) and (d), a public entity may permit a
vendor/financial institution engaged in investment activities in Iran, on a case-by-case basis, to
be eligible for, or to bid on, submit a proposal for, or enters into or renews, a contract for goods
and services.
If you have obtained an exemption from the certification requirement under the Iran
Contracting Act, please fill out the information below, and attach documentation
demonstrating the exemption approval.
Vendor Name/Financial Institution (Printed) Federal ID Number (or n/a)
By (Authorized Signature)
Printed Name and Title of Person Signing Date Executed
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."
WITNESSETH:
In consideration of their mutual covenants, the parties hereto agree as follows:
1. Contractor shall furnish all necessary labor, material, equipment, transportation and
services for City Project No. 2011-05, Federal Project No. BRNBIL (537), Dune
Palms Road Bridge Improvements in the City of La Quinta, California pursuant to the
Invitation to Bid, dated August 2022, 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 all work completed within 475 working days from the date of
Notification 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.
The Contractor and Sub-Contractors shall comply with the Davis-Bacon Fair Labor
Standards Act (23 USC 113), and the implementation regulations issued pursuant thereto
(29 CFR Section 1, 3, and 5) and any amendments thereof. The applicable wage rates in
effect within 10 days of the bid opening shall be used. These wage rates are available
from the Wage Determinations Online’s website at: beta.sam.gov. If a difference exists
between the Prevailing rate established by the State Department of Industrial Relations
and the Federal Prevailing rates, the higher of the two rates will be used.
**Remainder of Page Blank**
Contract 1300-3
"General Decision Number: CA20220025 08/12/2022
Superseded General Decision Number: CA20210025
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and
Highway
County: Riverside County in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not
include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does
not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS
Note: Contracts subject to the Davis-Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but do not apply to
contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(2)-(60).
______________________________________________________________
|If the contract is entered |. Executive Order 14026 |
|into on or after January 30, | generally applies to the |
|2022, or the contract is | contract. |
|renewed or extended (e.g., an |. The contractor must pay |
|option is exercised) on or | all covered workers at |
|after January 30, 2022: | least $15.00 per hour (or |
| | the applicable wage rate |
| | listed on this wage |
| | determination, if it is |
| | higher) for all hours |
| | spent performing on the |
| | contract in 2022. |
|______________________________|_____________________________|
|If the contract was awarded on|. Executive Order 13658 |
|or between January 1, 2015 and| generally applies to the |
|January 29, 2022, and the | contract. |
|contract is not renewed or |. The contractor must pay all|
|extended on or after January | covered workers at least |
|30, 2022: | $11.25 per hour (or the |
| | applicable wage rate listed|
| | on this wage determination,|
| | if it is higher) for all |
| | hours spent performing on |
| | that contract in 2022. |
|______________________________|_____________________________|
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
https://www.dol.gov/agencies/whd/government-contracts.
Modification Number Publication Date
0 01/07/2022
1 01/14/2022
2 01/21/2022
3 02/11/2022
4 02/18/2022
5 02/25/2022
6 04/29/2022
7 08/05/2022
8 08/12/2022
Contract 1300-4
ASBE0005-002 09/01/2021
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 47.25 24.45
Fire Stop Technician
(Application of Firestopping
Materials for wall openings
and penetrations in walls,
floors, ceilings and curtain
walls)...........................$ 32.09 19.66
----------------------------------------------------------------
ASBE0005-004 07/05/2021
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)....$ 22.40 13.07
----------------------------------------------------------------
BOIL0092-003 01/01/2021
Rates Fringes
BOILERMAKER......................$ 46.03 38.81
----------------------------------------------------------------
* BRCA0004-011 05/01/2020
Rates Fringes
BRICKLAYER; MARBLE SETTER........$ 41.48 18.63
*The wage scale for prevailing wage projects performed in
Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine
Palms, Needles and 1-15 corridor (Barstow to the Nevada
State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate
----------------------------------------------------------------
BRCA0018-004 06/01/2021
Rates Fringes
MARBLE FINISHER..................$ 35.90 14.11
TILE FINISHER....................$ 30.47 12.52
TILE LAYER.......................$ 43.09 18.31
----------------------------------------------------------------
BRCA0018-010 09/01/2021
Rates Fringes
TERRAZZO FINISHER................$ 35.43 14.10
TERRAZZO WORKER/SETTER...........$ 43.61 14.63
----------------------------------------------------------------
CARP0213-001 07/01/2021
Rates Fringes
CARPENTER
(1) Carpenter, Cabinet
Installer, Insulation
Contract 1300-5
Installer, Hardwood Floor
Worker and acoustical
installer...................$ 51.60 16.28
(2) Millwright..............$ 52.10 16.48
(3) Piledrivermen/Derrick
Bargeman, Bridge or Dock
Carpenter, Heavy Framer,
Rock Bargeman or Scowman,
Rockslinger, Shingler
(Commercial)................$ 51.73 16.28
(4) Pneumatic Nailer,
Power Stapler...............$ 51.85 16.28
(5) Sawfiler...............$ 51.69 16.28
(6) Scaffold Builder.......$ 42.80 16.28
(7) Table Power Saw
Operator....................$ 51.70 16.28
FOOTNOTE: Work of forming in the construction of open cut
sewers or storm drains, on operations in which horizontal
lagging is used in conjunction with steel H-Beams driven or
placed in pre- drilled holes, for that portion of a lagged
trench against which concrete is poured, namely, as a
substitute for back forms (which work is performed by
piledrivers): $0.13 per hour additional.
----------------------------------------------------------------
CARP0213-002 07/01/2021
Rates Fringes
Diver
(1) Wet.....................$ 834.40 16.28
(2) Standby.................$ 445.84 16.28
(3) Tender..................$ 437.84 16.28
(4) Assistant Tender........$ 413.84 16.28
Amounts in ""Rates' column are per day
----------------------------------------------------------------
CARP0213-004 07/01/2021
Rates Fringes
Drywall
DRYWALL INSTALLER/LATHER....$ 51.60 16.28
STOCKER/SCRAPPER............$ 22.16 8.62
----------------------------------------------------------------
CARP0721-001 07/01/2021
Rates Fringes
Modular Furniture Installer......$ 21.85 7.15
----------------------------------------------------------------
ELEC0440-001 12/27/2021
Rates Fringes
ELECTRICIAN
INSIDE ELECTRICIAN..........$ 49.73 3%+24.44
INTELLIGENT TRANSPORTATION
SYSTEMS
Electrician................$ 36.99 3%+23.18
Technician.................$ 27.75 3%+23.18
ZONE PAY: Zone A: Free travel zone for all contractors
performing work in Zone A.
Zone B:Any work performed in Zone (B) shall add $12.00 per
hour to the current wage scale. Zone (B) shall be the area
from the eastern perimeter of Zone (A) to a line which runs
north and south begininng at Little Morongo Canyon (San
Bernardino/Riverside County Line), Southeast along the
Coachella Tunnels, Colorado River Aqueduct and Mecca
Tunnels to Pinkham Wash then South to Box Canyon Road, then
southwest along Box Canyon Road to Highway 195 west onto
195 south to Highway 86 to Riverside/Imperial County Line.
Contract 1300-6
----------------------------------------------------------------
ELEC1245-001 06/01/2022
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 64.40 22.58
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment).............$ 50.00 21.30
(3) Groundman...............$ 38.23 20.89
(4) Powderman...............$ 51.87 18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day
and day after Thanksgiving, Christmas Day
----------------------------------------------------------------
ELEV0018-001 01/01/2022
Rates Fringes
ELEVATOR MECHANIC................$ 61.34 36.885+a+b
FOOTNOTE:
a. PAID VACATION: Employer contributes 8% of regular hourly
rate as vacation pay credit for employees with more than 5
years of service, and 6% for 6 months to 5 years of service.
b. PAID HOLIDAYS: New Year's Day, Memorial Day, Independence
Day, Labor Day, Veterans' Day, Thanksgiving Day, Friday
after Thanksgiving, and Christmas Day.
----------------------------------------------------------------
ENGI0012-003 07/01/2020
Rates Fringes
OPERATOR: Power Equipment
(All Other Work)
GROUP 1....................$ 48.25 27.20
GROUP 2....................$ 49.03 27.20
GROUP 3....................$ 49.32 27.20
GROUP 4....................$ 50.81 27.20
GROUP 5....................$ 48.96 25.25
GROUP 6....................$ 51.03 27.20
GROUP 8....................$ 51.14 27.20
GROUP 9....................$ 49.29 25.25
GROUP 10....................$ 51.26 27.20
GROUP 11....................$ 49.41 25.25
GROUP 12....................$ 51.43 27.20
GROUP 13....................$ 51.53 27.20
GROUP 14....................$ 51.56 27.20
GROUP 15....................$ 51.64 27.20
GROUP 16....................$ 51.76 27.20
GROUP 17....................$ 51.93 27.20
GROUP 18....................$ 52.03 27.20
GROUP 19....................$ 52.14 27.20
GROUP 20....................$ 52.26 27.20
GROUP 21....................$ 52.43 27.20
GROUP 22....................$ 52.53 27.20
GROUP 23....................$ 52.64 27.20
GROUP 24....................$ 52.76 27.20
GROUP 25....................$ 52.93 27.20
OPERATOR: Power Equipment
(Cranes, Piledriving &
Hoisting)
GROUP 1....................$ 49.60 27.20
GROUP 2....................$ 50.38 27.20
Contract 1300-7
GROUP 3....................$ 50.67 27.20
GROUP 4....................$ 50.81 27.20
GROUP 5....................$ 51.03 27.20
GROUP 6....................$ 51.14 27.20
GROUP 7....................$ 51.26 27.20
GROUP 8....................$ 51.43 27.20
GROUP 9....................$ 51.60 27.20
GROUP 10....................$ 52.60 27.20
GROUP 11....................$ 53.60 27.20
GROUP 12....................$ 54.60 27.20
GROUP 13....................$ 55.60 27.20
OPERATOR: Power Equipment
(Tunnel Work)
GROUP 1....................$ 50.10 27.20
GROUP 2....................$ 50.88 27.20
GROUP 3....................$ 51.17 27.20
GROUP 4....................$ 51.31 27.20
GROUP 5....................$ 51.53 27.20
GROUP 6....................$ 51.64 27.20
GROUP 7....................$ 51.76 27.20
PREMIUM PAY:
$3.75 per hour shall be paid on all Power Equipment Operator
work on the followng Military Bases: China Lake Naval
Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base,
Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics
Base Yermo, Edwards AFB, 29 Palms Marine Base and Camp
Pendleton
Workers required to suit up and work in a hazardous material
environment: $2.00 per hour additional. Combination mixer
and compressor operator on gunite work shall be classified
as a concrete mobile mixer operator.
SEE ZONE DEFINITIONS AFTER CLASSIFICATIONS
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch
Witch, with seat or similar type equipment; Elevator
operator-inside; Engineer Oiler; Forklift operator
(includes loed, lull or similar types under 5 tons;
Generator operator; Generator, pump or compressor plant
operator; Pump operator; Signalman; Switchman
GROUP 2: Asphalt-rubber plant operator (nurse tank operator);
Concrete mixer operator-skip type; Conveyor operator;
Fireman; Forklift operator (includes loed, lull or similar
types over 5 tons; Hydrostatic pump operator; oiler crusher
(asphalt or concrete plant); Petromat laydown machine; PJU
side dum jack; Screening and conveyor machine operator (or
similar types); Skiploader (wheel type up to 3/4 yd.
without attachment); Tar pot fireman; Temporary heating
plant operator; Trenching machine oiler
GROUP 3: Asphalt-rubber blend operator; Bobcat or similar
type (Skid steer); Equipment greaser (rack); Ford Ferguson
(with dragtype attachments); Helicopter radioman (ground);
Stationary pipe wrapping and cleaning machine operator
GROUP 4: Asphalt plant fireman; Backhoe operator (mini-max or
similar type); Boring machine operator; Boxman or mixerman
(asphalt or concrete); Chip spreading machine operator;
Concrete cleaning decontamination machine operator;
Concrete Pump Operator (small portable); Drilling machine
operator, small auger types (Texoma super economatic or
similar types - Hughes 100 or 200 or similar types -
drilling depth of 30' maximum); Equipment greaser (grease
truck); Guard rail post driver operator; Highline cableway
signalman; Hydra-hammer-aero stomper; Micro Tunneling
(above ground tunnel); Power concrete curing machine
operator; Power concrete saw operator; Power-driven jumbo
form setter operator; Power sweeper operator; Rock Wheel
Saw/Trencher; Roller operator (compacting); Screed operator
Contract 1300-8
(asphalt or concrete); Trenching machine operator (up to 6
ft.); Vacuum or much truck
GROUP 5: Equipment Greaser (Grease Truck/Multi Shift).
GROUP 6: Articulating material hauler; Asphalt plant
engineer; Batch plant operator; Bit sharpener; Concrete
joint machine operator (canal and similar type); Concrete
planer operator; Dandy digger; Deck engine operator;
Derrickman (oilfield type); Drilling machine operator,
bucket or auger types (Calweld 100 bucket or similar types
- Watson 1000 auger or similar types - Texoma 330, 500 or
600 auger or similar types - drilling depth of 45'
maximum); Drilling machine operator; Hydrographic seeder
machine operator (straw, pulp or seed), Jackson track
maintainer, or similar type; Kalamazoo Switch tamper, or
similar type; Machine tool operator; Maginnis internal full
slab vibrator, Mechanical berm, curb or gutter(concrete or
asphalt); Mechanical finisher operator (concrete,
Clary-Johnson-Bidwell or similar); Micro tunnel system
(below ground); Pavement breaker operator (truck mounted);
Road oil mixing machine operator; Roller operator (asphalt
or finish), rubber-tired earth moving equipment (single
engine, up to and including 25 yds. struck); Self-propelled
tar pipelining machine operator; Skiploader operator
(crawler and wheel type, over 3/4 yd. and up to and
including 1-1/2 yds.); Slip form pump operator (power
driven hydraulic lifting device for concrete forms);
Tractor operator-bulldozer, tamper-scraper (single engine,
up to 100 h.p. flywheel and similar types, up to and
including D-5 and similar types); Tugger hoist operator (1
drum); Ultra high pressure waterjet cutting tool system
operator; Vacuum blasting machine operator
GROUP 8: Asphalt or concrete spreading operator (tamping or
finishing); Asphalt paving machine operator (Barber Greene
or similar type); Asphalt-rubber distribution operator;
Backhoe operator (up to and including 3/4 yd.), small ford,
Case or similar; Cast-in-place pipe laying machine
operator; Combination mixer and compressor operator (gunite
work); Compactor operator (self-propelled); Concrete mixer
operator (paving); Crushing plant operator; Drill Doctor;
Drilling machine operator, Bucket or auger types (Calweld
150 bucket or similar types - Watson 1500, 2000 2500 auger
or similar types - Texoma 700, 800 auger or similar types -
drilling depth of 60' maximum); Elevating grader operator;
Grade checker; Gradall operator; Grouting machine operator;
Heavy-duty repairman; Heavy equipment robotics operator;
Kalamazoo balliste regulator or similar type; Kolman belt
loader and similar type; Le Tourneau blob compactor or
similar type; Loader operator (Athey, Euclid, Sierra and
similar types); Mobark Chipper or similar; Ozzie padder or
similar types; P.C. slot saw; Pneumatic concrete placing
machine operator (Hackley-Presswell or similar type);
Pumpcrete gun operator; Rock Drill or similar types; Rotary
drill operator (excluding caisson type); Rubber-tired
earth-moving equipment operator (single engine,
caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. up to and including 50 cu.
yds. struck); Rubber-tired earth-moving equipment operator
(multiple engine up to and including 25 yds. struck);
Rubber-tired scraper operator (self-loading paddle wheel
type-John Deere, 1040 and similar single unit); Self-
propelled curb and gutter machine operator; Shuttle buggy;
Skiploader operator (crawler and wheel type over 1-1/2 yds.
up to and including 6-1/2 yds.); Soil remediation plant
operator; Surface heaters and planer operator; Tractor
compressor drill combination operator; Tractor operator
(any type larger than D-5 - 100 flywheel h.p. and over, or
similar-bulldozer, tamper, scraper and push tractor single
engine); Tractor operator (boom attachments), Traveling
pipe wrapping, cleaning and bendng machine operator;
Trenching machine operator (over 6 ft. depth capacity,
manufacturer's rating); trenching Machine with Road Miner
Contract 1300-9
attachment (over 6 ft depth capacity): Ultra high pressure
waterjet cutting tool system mechanic; Water pull
(compaction) operator
GROUP 9: Heavy Duty Repairman
GROUP 10: Drilling machine operator, Bucket or auger types
(Calweld 200 B bucket or similar types-Watson 3000 or 5000
auger or similar types-Texoma 900 auger or similar
types-drilling depth of 105' maximum); Dual drum mixer,
dynamic compactor LDC350 (or similar types); Monorail
locomotive operator (diesel, gas or electric); Motor
patrol-blade operator (single engine); Multiple engine
tractor operator (Euclid and similar type-except Quad 9
cat.); Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Pneumatic pipe ramming tool
and similar types; Prestressed wrapping machine operator;
Rubber-tired earth-moving equipment operator (single
engine, over 50 yds. struck); Rubber tired earth moving
equipment operator (multiple engine, Euclid, caterpillar
and similar over 25 yds. and up to 50 yds. struck), Tower
crane repairman; Tractor loader operator (crawler and wheel
type over 6-1/2 yds.); Woods mixer operator (and similar
Pugmill equipment)
GROUP 11: Heavy Duty Repairman - Welder Combination, Welder -
Certified.
GROUP 12: Auto grader operator; Automatic slip form operator;
Drilling machine operator, bucket or auger types (Calweld,
auger 200 CA or similar types - Watson, auger 6000 or
similar types - Hughes Super Duty, auger 200 or similar
types - drilling depth of 175' maximum); Hoe ram or similar
with compressor; Mass excavator operator less tha 750 cu.
yards; Mechanical finishing machine operator; Mobile form
traveler operator; Motor patrol operator (multi-engine);
Pipe mobile machine operator; Rubber-tired earth- moving
equipment operator (multiple engine, Euclid, Caterpillar
and similar type, over 50 cu. yds. struck); Rubber-tired
self- loading scraper operator (paddle-wheel-auger type
self-loading - two (2) or more units)
GROUP 13: Rubber-tired earth-moving equipment operator
operating equipment with push-pull system (single engine,
up to and including 25 yds. struck)
GROUP 14: Canal liner operator; Canal trimmer operator;
Remote- control earth-moving equipment operator (operating
a second piece of equipment: $1.00 per hour additional);
Wheel excavator operator (over 750 cu. yds.)
GROUP 15: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds. and up to and including 50
yds. struck); Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (multiple
engine-up to and including 25 yds. struck)
GROUP 16: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (single engine,
over 50 yds. struck); Rubber-tired earth-moving equipment
operator, operating equipment with push-pull system
(multiple engine, Euclid, Caterpillar and similar, over 25
yds. and up to 50 yds. struck)
GROUP 17: Rubber-tired earth-moving equipment operator,
operating equipment with push-pull system (multiple engine,
Euclid, Caterpillar and similar, over 50 cu. yds. struck);
Tandem tractor operator (operating crawler type tractors in
tandem - Quad 9 and similar type)
GROUP 18: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
Contract 1300-10
types in any combination, excluding compaction units -
single engine, up to and including 25 yds. struck)
GROUP 19: Rotex concrete belt operator (or similar types);
Rubber-tired earth-moving equipment operator, operating in
tandem (scrapers, belly dumps and similar types in any
combination, excluding compaction units - single engine,
Caterpillar, Euclid, Athey Wagon and similar types with any
and all attachments over 25 yds.and up to and including 50
cu. yds. struck); Rubber-tired earth-moving equipment
operator, operating in tandem (scrapers, belly dumps and
similar types in any combination, excluding compaction
units - multiple engine, up to and including 25 yds. struck)
GROUP 20: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating in tandem
(scrapers, belly dumps, and similar types in any
combination, excluding compaction units - multiple engine,
Euclid, Caterpillar and similar, over 25 yds. and up to 50
yds. struck)
GROUP 21: Rubber-tired earth-moving equipment operator,
operating in tandem (scrapers, belly dumps and similar
types in any combination, excluding compaction units -
multiple engine, Euclid, Caterpillar and similar type, over
50 cu. yds. struck)
GROUP 22: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, up to and including 25 yds. struck)
GROUP 23: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, Caterpillar, Euclid, Athey Wagon and
similar types with any and all attachments over 25 yds. and
up to and including 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating with the tandem
push-pull system (multiple engine, up to and including 25
yds. struck)
GROUP 24: Rubber-tired earth-moving equipment operator,
operating equipment with the tandem push-pull system
(single engine, over 50 yds. struck); Rubber-tired
earth-moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar, over 25 yds. and up to 50 yds.
struck)
GROUP 25: Concrete pump operator-truck mounted; Rubber-tired
earth-moving equipment operator, operating equipment with
the tandem push-pull system (multiple engine, Euclid,
Caterpillar and similar type, over 50 cu. yds. struck)
CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS
GROUP 1: Engineer oiler; Fork lift operator (includes loed,
lull or similar types)
GROUP 2: Truck crane oiler
GROUP 3: A-frame or winch truck operator; Ross carrier
operator (jobsite)
GROUP 4: Bridge-type unloader and turntable operator;
Helicopter hoist operator
GROUP 5: Hydraulic boom truck; Stinger crane (Austin-Western
or similar type); Tugger hoist operator (1 drum)
GROUP 6: Bridge crane operator; Cretor crane operator; Hoist
operator (Chicago boom and similar type); Lift mobile
Contract 1300-11
operator; Lift slab machine operator (Vagtborg and similar
types); Material hoist and/or manlift operator; Polar
gantry crane operator; Self Climbing scaffold (or similar
type); Shovel, backhoe, dragline, clamshell operator (over
3/4 yd. and up to 5 cu. yds. mrc); Tugger hoist operator
GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline,
clamshell operator (over 5 cu. yds. mrc); Tower crane
repair; Tugger hoist operator (3 drum)
GROUP 8: Crane operator (up to and including 25 ton
capacity); Crawler transporter operator; Derrick barge
operator (up to and including 25 ton capacity); Hoist
operator, stiff legs, Guy derrick or similar type (up to
and including 25 ton capacity); Shovel, backhoe, dragline,
clamshell operator (over 7 cu. yds., M.R.C.)
GROUP 9: Crane operator (over 25 tons and up to and including
50 tons mrc); Derrick barge operator (over 25 tons up to
and including 50 tons mrc); Highline cableway operator;
Hoist operator, stiff legs, Guy derrick or similar type
(over 25 tons up to and including 50 tons mrc); K-crane
operator; Polar crane operator; Self erecting tower crane
operator maximum lifting capacity ten tons
GROUP 10: Crane operator (over 50 tons and up to and
including 100 tons mrc); Derrick barge operator (over 50
tons up to and including 100 tons mrc); Hoist operator,
stiff legs, Guy derrick or similar type (over 50 tons up to
and including 100 tons mrc), Mobile tower crane operator
(over 50 tons, up to and including 100 tons M.R.C.); Tower
crane operator and tower gantry
GROUP 11: Crane operator (over 100 tons and up to and
including 200 tons mrc); Derrick barge operator (over 100
tons up to and including 200 tons mrc); Hoist operator,
stiff legs, Guy derrick or similar type (over 100 tons up
to and including 200 tons mrc); Mobile tower crane operator
(over 100 tons up to and including 200 tons mrc)
GROUP 12: Crane operator (over 200 tons up to and including
300 tons mrc); Derrick barge operator (over 200 tons up to
and including 300 tons mrc); Hoist operator, stiff legs,
Guy derrick or similar type (over 200 tons, up to and
including 300 tons mrc); Mobile tower crane operator (over
200 tons, up to and including 300 tons mrc)
GROUP 13: Crane operator (over 300 tons); Derrick barge
operator (over 300 tons); Helicopter pilot; Hoist operator,
stiff legs, Guy derrick or similar type (over 300 tons);
Mobile tower crane operator (over 300 tons)
TUNNEL CLASSIFICATIONS
GROUP 1: Skiploader (wheel type up to 3/4 yd. without
attachment)
GROUP 2: Power-driven jumbo form setter operator
GROUP 3: Dinkey locomotive or motorperson (up to and
including 10 tons)
GROUP 4: Bit sharpener; Equipment greaser (grease truck);
Slip form pump operator (power-driven hydraulic lifting
device for concrete forms); Tugger hoist operator (1 drum);
Tunnel locomotive operator (over 10 and up to and including
30 tons)
GROUP 5: Backhoe operator (up to and including 3/4 yd.);
Small Ford, Case or similar; Drill doctor; Grouting machine
operator; Heading shield operator; Heavy-duty repairperson;
Loader operator (Athey, Euclid, Sierra and similar types);
Mucking machine operator (1/4 yd., rubber-tired, rail or
track type); Pneumatic concrete placing machine operator
Contract 1300-12
(Hackley-Presswell or similar type); Pneumatic heading
shield (tunnel); Pumpcrete gun operator; Tractor compressor
drill combination operator; Tugger hoist operator (2 drum);
Tunnel locomotive operator (over 30 tons)
GROUP 6: Heavy Duty Repairman
GROUP 7: Tunnel mole boring machine operator
ENGINEERS ZONES
$1.00 additional per hour for all of IMPERIAL County and the
portions of KERN, RIVERSIDE & SAN BERNARDINO Counties as
defined below:
That area within the following Boundary: Begin in San
Bernardino County, approximately 3 miles NE of the intersection
of I-15 and the California State line at that point which is
the NW corner of Section 1, T17N,m R14E, San Bernardino
Meridian. Continue W in a straight line to that point which is
the SW corner of the northwest quarter of Section 6, T27S,
R42E, Mt. Diablo Meridian. Continue North to the intersection
with the Inyo County Boundary at that point which is the NE
corner of the western half of the northern quarter of Section
6, T25S, R42E, MDM. Continue W along the Inyo and San
Bernardino County boundary until the intersection with Kern
County, as that point which is the SE corner of Section 34,
T24S, R40E, MDM. Continue W along the Inyo and Kern County
boundary until the intersection with Tulare County, at that
point which is the SW corner of the SE quarter of Section 32,
T24S, R37E, MDM. Continue W along the Kern and Tulare County
boundary, until that point which is the NW corner of T25S,
R32E, MDM. Continue S following R32E lines to the NW corner of
T31S, R32E, MDM. Continue W to the NW corner of T31S, R31E,
MDM. Continue S to the SW corner of T32S, R31E, MDM. Continue
W to SW corner of SE quarter of Section 34, T32S, R30E, MDM.
Continue S to SW corner of T11N, R17W, SBM. Continue E along
south boundary of T11N, SBM to SW corner of T11N, R7W, SBM.
Continue S to SW corner of T9N, R7W, SBM. Continue E along
south boundary of T9N, SBM to SW corner of T9N, R1E, SBM.
Continue S along west boundary of R1E, SMB to Riverside County
line at the SW corner of T1S, R1E, SBM. Continue E along south
boundary of T1s, SBM (Riverside County Line) to SW corner of
T1S, R10E, SBM. Continue S along west boundary of R10E, SBM to
Imperial County line at the SW corner of T8S, R10E, SBM.
Continue W along Imperial and Riverside county line to NW
corner of T9S, R9E, SBM. Continue S along the boundary between
Imperial and San Diego Counties, along the west edge of R9E,
SBM to the south boundary of Imperial County/California state
line. Follow the California state line west to Arizona state
line, then north to Nevada state line, then continuing NW back
to start at the point which is the NW corner of Section 1,
T17N, R14E, SBM
$1.00 additional per hour for portions of SAN LUIS OBISPO,
KERN, SANTA BARBARA & VENTURA as defined below:
That area within the following Boundary: Begin approximately 5
miles north of the community of Cholame, on the Monterey County
and San Luis Obispo County boundary at the NW corner of T25S,
R16E, Mt. Diablo Meridian. Continue south along the west side
of R16E to the SW corner of T30S, R16E, MDM. Continue E to SW
corner of T30S, R17E, MDM. Continue S to SW corner of T31S,
R17E, MDM. Continue E to SW corner of T31S, R18E, MDM.
Continue S along West side of R18E, MDM as it crosses into San
Bernardino Meridian numbering area and becomes R30W. Follow
the west side of R30W, SBM to the SW corner of T9N, R30W, SBM.
Continue E along the south edge of T9N, SBM to the Santa
Barbara County and Ventura County boundary at that point whch
is the SW corner of Section 34.T9N, R24W, SBM, continue S along
the Ventura County line to that point which is the SW corner of
the SE quarter of Section 32, T7N, R24W, SBM. Continue E
along the south edge of T7N, SBM to the SE corner to T7N, R21W,
SBM. Continue N along East side of R21W, SBM to Ventura County
Contract 1300-13
and Kern County boundary at the NE corner of T8N, R21W.
Continue W along the Ventura County and Kern County boundary to
the SE corner of T9N, R21W. Continue North along the East edge
of R21W, SBM to the NE corner of T12N, R21W, SBM. Continue
West along the north edge of T12N, SBM to the SE corner of
T32S, R21E, MDM. [T12N SBM is a think strip between T11N SBM
and T32S MDM]. Continue North along the East side of R21E, MDM
to the Kings County and Kern County border at the NE corner of
T25S, R21E, MDM, continue West along the Kings County and Kern
County Boundary until the intersection of San Luis Obispo
County. Continue west along the Kings County and San Luis
Obispo County boundary until the intersection with Monterey
County. Continue West along the Monterey County and San Luis
Obispo County boundary to the beginning point at the NW corner
of T25S, R16E, MDM.
$2.00 additional per hour for INYO and MONO Counties and the
Northern portion of SAN BERNARDINO County as defined below:
That area within the following Boundary: Begin at the
intersection of the northern boundary of Mono County and the
California state line at the point which is the center of
Section 17, T10N, R22E, Mt. Diablo Meridian. Continue S then
SE along the entire western boundary of Mono County, until it
reaches Inyo County at the point which is the NE corner of the
Western half of the NW quarter of Section 2, T8S, R29E, MDM.
Continue SSE along the entire western boundary of Inyo County,
until the intersection with Kern County at the point which is
the SW corner of the SE 1/4 of Section 32, T24S, R37E, MDM.
Continue E along the Inyo and Kern County boundary until the
intersection with San Bernardino County at that point which is
the SE corner of section 34, T24S, R40E, MDM. Continue E along
the Inyo and San Bernardino County boundary until the point
which is the NE corner of the Western half of the NW quarter of
Section 6, T25S, R42E, MDM. Continue S to that point which is
the SW corner of the NW quarter of Section 6, T27S, R42E, MDM.
Continue E in a straight line to the California and Nevada
state border at the point which is the NW corner of Section 1,
T17N, R14E, San Bernardino Meridian. Then continue NW along
the state line to the starting point, which is the center of
Section 18, T10N, R22E, MDM.
REMAINING AREA NOT DEFINED ABOVE RECIEVES BASE RATE
----------------------------------------------------------------
ENGI0012-004 08/01/2020
Rates Fringes
OPERATOR: Power Equipment
(DREDGING)
(1) Leverman................$ 56.40 30.00
(2) Dredge dozer............$ 50.43 30.00
(3) Deckmate................$ 50.32 30.00
(4) Winch operator (stern
winch on dredge)............$ 49.77 30.00
(5) Fireman-Oiler,
Deckhand, Bargeman,
Leveehand...................$ 49.23 30.00
(6) Barge Mate..............$ 49.84 30.00
----------------------------------------------------------------
IRON0433-006 07/01/2020
Rates Fringes
IRONWORKER
Fence Erector...............$ 34.58 24.81
Ornamental, Reinforcing
and Structural..............$ 41.00 33.45
PREMIUM PAY:
Contract 1300-14
$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval
Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training
Center-Goldstone, San Clemente Island, San Nicholas Island,
Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine
Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB
$4.00 additional per hour at the following locations:
Army Defense Language Institute - Monterey, Fallon Air Base,
Naval Post Graduate School - Monterey, Yermo Marine Corps
Logistics Center
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock
----------------------------------------------------------------
LABO0300-005 03/01/2021
Rates Fringes
Asbestos Removal Laborer.........$ 37.49 21.88
SCOPE OF WORK: Includes site mobilization, initial site
cleanup, site preparation, removal of asbestos-containing
material and toxic waste, encapsulation, enclosure and
disposal of asbestos- containing materials and toxic waste
by hand or with equipment or machinery; scaffolding,
fabrication of temporary wooden barriers and assembly of
decontamination stations.
----------------------------------------------------------------
LABO0345-001 07/01/2021
Rates Fringes
LABORER (GUNITE)
GROUP 1.....................$ 46.50 20.42
GROUP 2.....................$ 45.55 20.42
GROUP 3.....................$ 42.01 20.42
FOOTNOTE: GUNITE PREMIUM PAY: Workers working from a
Bosn'n's Chair or suspended from a rope or cable shall
receive 40 cents per hour above the foregoing applicable
classification rates. Workers doing gunite and/or
shotcrete work in a tunnel shall receive 35 cents per hour
above the foregoing applicable classification rates, paid
on a portal-to-portal basis. Any work performed on, in or
above any smoke stack, silo, storage elevator or similar
type of structure, when such structure is in excess of
75'-0"" above base level and which work must be performed in
whole or in part more than 75'-0"" above base level, that
work performed above the 75'-0"" level shall be compensated
for at 35 cents per hour above the applicable
classification wage rate.
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Rodmen, Nozzlemen
GROUP 2: Gunmen
GROUP 3: Reboundmen
----------------------------------------------------------------
LABO1184-001 07/01/2021
Rates Fringes
Laborers: (HORIZONTAL
Contract 1300-15
DIRECTIONAL DRILLING)
(1) Drilling Crew Laborer...$ 38.89 17.10
(2) Vehicle Operator/Hauler.$ 39.06 17.10
(3) Horizontal Directional
Drill Operator..............$ 40.91 17.10
(4) Electronic Tracking
Locator.....................$ 42.91 17.10
Laborers: (STRIPING/SLURRY
SEAL)
GROUP 1.....................$ 40.10 20.12
GROUP 2.....................$ 41.40 20.12
GROUP 3.....................$ 43.41 20.12
GROUP 4.....................$ 45.15 20.12
LABORERS - STRIPING CLASSIFICATIONS
GROUP 1: Protective coating, pavement sealing, including
repair and filling of cracks by any method on any surface
in parking lots, game courts and playgrounds; carstops;
operation of all related machinery and equipment; equipment
repair technician
GROUP 2: Traffic surface abrasive blaster; pot tender -
removal of all traffic lines and markings by any method
(sandblasting, waterblasting, grinding, etc.) and
preparation of surface for coatings. Traffic control
person: controlling and directing traffic through both
conventional and moving lane closures; operation of all
related machinery and equipment
GROUP 3: Traffic delineating device applicator: Layout and
application of pavement markers, delineating signs, rumble
and traffic bars, adhesives, guide markers, other traffic
delineating devices including traffic control. This
category includes all traffic related surface preparation
(sandblasting, waterblasting, grinding) as part of the
application process. Traffic protective delineating system
installer: removes, relocates, installs, permanently
affixed roadside and parking delineation barricades,
fencing, cable anchor, guard rail, reference signs,
monument markers; operation of all related machinery and
equipment; power broom sweeper
GROUP 4: Striper: layout and application of traffic stripes
and markings; hot thermo plastic; tape traffic stripes and
markings, including traffic control; operation of all
related machinery and equipment
----------------------------------------------------------------
LABO1184-002 07/01/2020
Rates Fringes
LABORER (TUNNEL)
GROUP 1.....................$ 42.54 21.04
GROUP 2.....................$ 42.86 21.04
GROUP 3.....................$ 43.32 21.04
GROUP 4.....................$ 44.01 21.04
LABORER
GROUP 1.....................$ 36.39 21.04
GROUP 2.....................$ 36.94 21.04
GROUP 3.....................$ 37.49 21.04
GROUP 4.....................$ 39.04 21.04
GROUP 5.....................$ 39.39 21.04
LABORER CLASSIFICATIONS
GROUP 1: Cleaning and handling of panel forms; Concrete
screeding for rough strike-off; Concrete, water curing;
Demolition laborer, the cleaning of brick if performed by a
worker performing any other phase of demolition work, and
the cleaning of lumber; Fire watcher, limber, brush loader,
piler and debris handler; Flag person; Gas, oil and/or
water pipeline laborer; Laborer, asphalt-rubber material
Contract 1300-16
loader; Laborer, general or construction; Laborer, general
clean-up; Laborer, landscaping; Laborer, jetting; Laborer,
temporary water and air lines; Material hose operator
(walls, slabs, floors and decks); Plugging, filling of shee
bolt holes; Dry packing of concrete; Railroad maintenance,
repair track person and road beds; Streetcar and railroad
construction track laborers; Rigging and signaling; Scaler;
Slip form raiser; Tar and mortar; Tool crib or tool house
laborer; Traffic control by any method; Window cleaner;
Wire mesh pulling - all concrete pouring operations
GROUP 2: Asphalt shoveler; Cement dumper (on 1 yd. or larger
mixer and handling bulk cement); Cesspool digger and
installer; Chucktender; Chute handler, pouring concrete,
the handling of the chute from readymix trucks, such as
walls, slabs, decks, floors, foundation, footings, curbs,
gutters and sidewalks; Concrete curer, impervious membrane
and form oiler; Cutting torch operator (demolition); Fine
grader, highways and street paving, airport, runways and
similar type heavy construction; Gas, oil and/or water
pipeline wrapper - pot tender and form person; Guinea
chaser; Headerboard person - asphalt; Laborer, packing rod
steel and pans; Membrane vapor barrier installer; Power
broom sweeper (small); Riprap stonepaver, placing stone or
wet sacked concrete; Roto scraper and tiller; Sandblaster
(pot tender); Septic tank digger and installer(lead); Tank
scaler and cleaner; Tree climber, faller, chain saw
operator, Pittsburgh chipper and similar type brush
shredder; Underground laborer, including caisson bellower
GROUP 3: Buggymobile person; Concrete cutting torch; Concrete
pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or
longer; Dri-pak-it machine; Gas, oil and/or water pipeline
wrapper, 6-in. pipe and over, by any method, inside and
out; High scaler (including drilling of same); Hydro seeder
and similar type; Impact wrench multi-plate; Kettle person,
pot person and workers applying asphalt, lay-kold,
creosote, lime caustic and similar type materials
(""applying"" means applying, dipping, brushing or handling
of such materials for pipe wrapping and waterproofing);
Operator of pneumatic, gas, electric tools, vibrating
machine, pavement breaker, air blasting, come-alongs, and
similar mechanical tools not separately classified herein;
Pipelayer's backup person, coating, grouting, making of
joints, sealing, caulking, diapering and including rubber
gasket joints, pointing and any and all other services;
Rock slinger; Rotary scarifier or multiple head concrete
chipping scarifier; Steel headerboard and guideline setter;
Tamper, Barko, Wacker and similar type; Trenching machine,
hand-propelled
GROUP 4: Asphalt raker, lute person, ironer, asphalt dump
person, and asphalt spreader boxes (all types); Concrete
core cutter (walls, floors or ceilings), grinder or sander;
Concrete saw person, cutting walls or flat work, scoring
old or new concrete; Cribber, shorer, lagging, sheeting and
trench bracing, hand-guided lagging hammer; Head rock
slinger; Laborer, asphalt- rubber distributor boot person;
Laser beam in connection with laborers' work; Oversize
concrete vibrator operator, 70 lbs. and over; Pipelayer
performing all services in the laying and installation of
pipe from the point of receiving pipe in the ditch until
completion of operation, including any and all forms of
tubular material, whether pipe, metallic or non-metallic,
conduit and any other stationary type of tubular device
used for the conveying of any substance or element, whether
water, sewage, solid gas, air, or other product whatsoever
and without regard to the nature of material from which the
tubular material is fabricated; No-joint pipe and stripping
of same; Prefabricated manhole installer; Sandblaster
(nozzle person), water blasting, Porta Shot-Blast
GROUP 5: Blaster powder, all work of loading holes, placing
and blasting of all powder and explosives of whatever type,
Contract 1300-17
regardless of method used for such loading and placing;
Driller: All power drills, excluding jackhammer, whether
core, diamond, wagon, track, multiple unit, and any and all
other types of mechanical drills without regard to the form
of motive power; Toxic waste removal
TUNNEL LABORER CLASSIFICATIONS
GROUP 1: Batch plant laborer; Changehouse person; Dump
person; Dump person (outside); Swamper (brake person and
switch person on tunnel work); Tunnel materials handling
person; Nipper; Pot tender, using mastic or other materials
(for example, but not by way of limitation, shotcrete, etc.)
GROUP 2: Chucktender, cabletender; Loading and unloading
agitator cars; Vibrator person, jack hammer, pneumatic
tools (except driller); Bull gang mucker, track person;
Concrete crew, including rodder and spreader
GROUP 3: Blaster, driller, powder person; Chemical grout jet
person; Cherry picker person; Grout gun person; Grout mixer
person; Grout pump person; Jackleg miner; Jumbo person;
Kemper and other pneumatic concrete placer operator; Miner,
tunnel (hand or machine); Nozzle person; Operating of
troweling and/or grouting machines; Powder person (primer
house); Primer person; Sandblaster; Shotcrete person; Steel
form raiser and setter; Timber person, retimber person,
wood or steel; Tunnel Concrete finisher
GROUP 4: Diamond driller; Sandblaster; Shaft and raise work
----------------------------------------------------------------
* LABO1184-004 07/01/2022
Rates Fringes
Brick Tender.....................$ 37.32 23.18
----------------------------------------------------------------
LABO1414-001 08/05/2020
Rates Fringes
LABORER
PLASTER CLEAN-UP LABORER....$ 36.03 21.01
PLASTER TENDER..............$ 38.58 21.01
Work on a swing stage scaffold: $1.00 per hour additional.
----------------------------------------------------------------
PAIN0036-001 07/01/2020
Rates Fringes
Painters: (Including Lead
Abatement)
(1) Repaint (excludes San
Diego County)...............$ 29.59 17.12
(2) All Other Work..........$ 33.12 17.24
REPAINT of any previously painted structure. Exceptions:
work involving the aerospace industry, breweries,
commercial recreational facilities, hotels which operate
commercial establishments as part of hotel service, and
sports facilities.
----------------------------------------------------------------
PAIN0036-008 10/01/2021
Rates Fringes
DRYWALL FINISHER/TAPER...........$ 43.63 22.92
----------------------------------------------------------------
PAIN0036-015 01/01/2020
Rates Fringes
Contract 1300-18
GLAZIER..........................$ 43.45 23.39
FOOTNOTE: Additional $1.25 per hour for work in a condor,
from the third (3rd) floor and up Additional $1.25 per
hour for work on the outside of the building from a swing
stage or any suspended contrivance, from the ground up
----------------------------------------------------------------
PLAS0200-009 08/03/2022
Rates Fringes
PLASTERER........................$ 47.37 19.64
----------------------------------------------------------------
PLAS0500-002 07/01/2020
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 38.50 25.91
----------------------------------------------------------------
PLUM0016-001 09/01/2021
Rates Fringes
PLUMBER/PIPEFITTER
Work ONLY on new additions
and remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space.................$ 52.20 24.38
Work ONLY on strip malls,
light commercial, tenant
improvement and remodel
work........................$ 39.91 22.71
All other work except work
on new additions and
remodeling of bars,
restaurant, stores and
commercial buildings not
to exceed 5,000 sq. ft. of
floor space and work on
strip malls, light
commercial, tenant
improvement and remodel
work........................$ 53.83 25.36
----------------------------------------------------------------
PLUM0345-001 09/01/2021
Rates Fringes
PLUMBER
Landscape/Irrigation Fitter.$ 36.85 24.75
Sewer & Storm Drain Work....$ 40.94 22.13
----------------------------------------------------------------
ROOF0036-002 08/01/2022
Rates Fringes
ROOFER...........................$ 43.47 19.52
FOOTNOTE: Pitch premium: Work on which employees are exposed
to pitch fumes or required to handle pitch, pitch base or
pitch impregnated products, or any material containing coal
tar pitch, the entire roofing crew shall receive $1.75 per
hour ""pitch premium"" pay.
----------------------------------------------------------------
SFCA0669-002 01/01/2022
Rates Fringes
SPRINKLER FITTER.................$ 41.27 26.77
Contract 1300-19
----------------------------------------------------------------
SHEE0105-003 01/01/2022
LOS ANGELES (South of a straight line drawn between Gorman and
Big Pines)and Catalina Island, INYO, KERN (Northeast part, East
of Hwy 395), MONO ORANGE, RIVERSIDE, AND SAN BERNARDINO COUNTIES
Rates Fringes
SHEET METAL WORKER
(1) Commercial - New
Construction and Remodel
work........................$ 50.23 29.60
(2) Industrial work
including air pollution
control systems, noise
abatement, hand rails,
guard rails, excluding
aritechtural sheet metal
work, excluding A-C,
heating, ventilating
systems for human comfort...$ 48.28 29.46
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TEAM0011-002 07/01/2020
Rates Fringes
TRUCK DRIVER
GROUP 1....................$ 32.59 30.59
GROUP 2....................$ 32.74 30.59
GROUP 3....................$ 32.87 30.59
GROUP 4....................$ 33.06 30.59
GROUP 5....................$ 33.09 30.59
GROUP 6....................$ 33.12 30.59
GROUP 7....................$ 33.37 30.59
GROUP 8....................$ 33.62 30.59
GROUP 9....................$ 33.82 30.59
GROUP 10....................$ 34.12 30.59
GROUP 11....................$ 34.62 30.59
GROUP 12....................$ 35.05 30.59
WORK ON ALL MILITARY BASES:
PREMIUM PAY: $3.00 per hour additional.
[29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB,
El Centro Naval Facility, Fort Irwin, Marine Corps
Logistics Base at Nebo & Yermo, Mountain Warfare Training
Center, Bridgeport, Point Arguello, Point Conception,
Vandenberg AFB]
TRUCK DRIVERS CLASSIFICATIONS
GROUP 1: Truck driver
GROUP 2: Driver of vehicle or combination of vehicles - 2
axles; Traffic control pilot car excluding moving heavy
equipment permit load; Truck mounted broom
GROUP 3: Driver of vehicle or combination of vehicles - 3
axles; Boot person; Cement mason distribution truck; Fuel
truck driver; Water truck - 2 axle; Dump truck, less than
16 yds. water level; Erosion control driver
GROUP 4: Driver of transit mix truck, under 3 yds.; Dumpcrete
truck, less than 6-1/2 yds. water level
GROUP 5: Water truck, 3 or more axles; Truck greaser and tire
person ($0.50 additional for tire person); Pipeline and
utility working truck driver, including winch truck and
plastic fusion, limited to pipeline and utility work;
Slurry truck driver
Contract 1300-20
GROUP 6: Transit mix truck, 3 yds. or more; Dumpcrete truck,
6-1/2 yds. water level and over; Vehicle or combination of
vehicles - 4 or more axles; Oil spreader truck; Dump truck,
16 yds. to 25 yds. water level
GROUP 7: A Frame, Swedish crane or similar; Forklift driver;
Ross carrier driver
GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck
repair person; Water pull - single engine; Welder
GROUP 9: Truck repair person/welder; Low bed driver, 9 axles
or over
GROUP 10: Dump truck - 50 yds. or more water level; Water
pull - single engine with attachment
GROUP 11: Water pull - twin engine; Water pull - twin engine
with attachments; Winch truck driver - $1.25 additional
when operating winch or similar special attachments
GROUP 12: Boom Truck 17K and above
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
----------------------------------------------------------------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
""UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
Contract 1300-21
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
National Office because National Office has responsibility for
the Davis-Bacon survey program. If the response from this
initial contact is not satisfactory, then the process described
in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Contract 1300-22
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
================================================================
END OF GENERAL DECISION"
Contract 1300-23
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;
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.
Contract 1300-24
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 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.
Contract 1300-25
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. Except as otherwise required, Contractor shall concurrently with the execution of
this contract, furnish the City a Milestone Schedule with a beginning date of 15 days after
the Notice of Award as provided in said Specifications, Section 4.2, Construction Schedule.
Contractor shall pay to City $500.00 liquidated damages per calendar day that the
Milestone Schedule is not provided.
11. 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.
12. 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.
13. 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.
14. This Contract shall not be assignable by Contractor without the written consent of
City.
15. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is
deemed completed.
16. 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.
Contract 1300-26
17. Contractor certifies that it is the holder of any necessary California State
Contractor's License and authorized to undertake the above work.
18. 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.
19. The Contractor shall maintain and preserve all such records for a period of at least
three years after termination of the contract.
20. 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.
21. 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.
22. Required Contract Provisions for Federal Aid Construction Contracts (FHWA –
1273). This Contract is funded with Federal-Aid Highway funds and is subject to provisions
under Title 23 of the United States Code (23 USC). As such, the Contractor agrees to the
following provisions titled “Required Contract Provisions for Federal Aid Construction
Contracts”. Additionally, the Contractor agrees to insert the provisions, unaltered, into
each subcontract and further require their inclusion in all lower tier subcontracts excluding
purchase orders, rental agreements, and other agreements for supplies or services.
1
FHWA-1273 -- Revised July 5, 2022
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV.Davis-Bacon and Related Act Provisions
V.Contract Work Hours and Safety Standards Act
Provisions
VI.Subletting or Assigning the Contract
VII.Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX.Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
XI. Certification Regarding Use of Contract Funds for
Lobbying
XII. Use of United States-Flag Vessels:
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
I. GENERAL
1.Form FHWA-1273 must be physically incorporated in each
construction contract funded under title 23, United States
Code, as required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this form in each
subcontract and further require its inclusion in all lower tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services). 23 CFR
633.102(e).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider. 23
CFR 633.102(e).
Form FHWA-1273 must be included in all Federal-aid design-
build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services) in accordance with 23 CFR 633.102. The
design-builder shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider.
Contracting agencies may reference Form FHWA-1273 in
solicitation-for-bids or request-for-proposals documents,
however, the Form FHWA-1273 must be physically
incorporated (not referenced) in all contracts, subcontracts and
lower-tier subcontracts (excluding purchase orders, rental
agreements and other agreements for supplies or services
related to a construction contract). 23 CFR 633.102(b).
2. Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract. 23
CFR 633.102(d).
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment
or any other action determined to be appropriate by the
contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal-aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. 23 U.S.C. 114(b).
The term Federal-aid highway does not include roadways
functionally classified as local roads or rural minor collectors.
23 U.S.C. 101(a).
II. NONDISCRIMINATION (23 CFR 230.107(a); 23 CFR Part
230, Subpart A, Appendix A; EO 11246)
The provisions of this section related to 23 CFR Part 230,
Subpart A, Appendix A are applicable to all Federal-aid
construction contracts and to all related construction
subcontracts of $10,000 or more. The provisions of 23 CFR
Part 230 are not applicable to material supply, engineering, or
architectural service contracts.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR
Part 60, 29 CFR Parts 1625-1627, 23 U.S.C. 140, Section 504
of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794),
Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.
2000d et seq.), and related regulations including 49 CFR Parts
21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR Part 60,
and 29 CFR Parts 1625-1627. The contracting agency and
the FHWA have the authority and the responsibility to ensure
compliance with 23 U.S.C. 140, Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and
Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.
2000d et seq.), and related regulations including 49 CFR Parts
21, 26, and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR Part 230,
Subpart A, Appendix A, with appropriate revisions to conform
to the U.S. Department of Labor (US DOL) and FHWA
requirements.
2
1. Equal Employment Opportunity: Equal Employment
Opportunity (EEO) requirements not to discriminate and to
take affirmative action to assure equal opportunity as set forth
under laws, executive orders, rules, regulations (see 28 CFR
Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR
Part 60 and 49 CFR Part 27) and orders of the Secretary of
Labor as modified by the provisions prescribed herein, and
imposed pursuant to 23 U.S.C. 140, shall constitute the EEO
and specific affirmative action standards for the contractor's
project activities under this contract. The provisions of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) set forth under 28 CFR Part 35 and 29 CFR Part 1630
are incorporated by reference in this contract. In the execution
of this contract, the contractor agrees to comply with the
following minimum specific requirement activities of EEO:
a. The contractor will work with the contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract. 23 CFR 230.409 (g)(4) & (5).
b. The contractor will accept as its operating policy the
following statement:
"It is the policy of this Company to assure that applicants
are employed, and that employees are treated during
employment, without regard to their race, religion, sex,
sexual orientation, gender identity, color, national origin, age
or disability. Such action shall include: employment,
upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms
of compensation; and selection for training, including
apprenticeship, pre-apprenticeship, and/or on-the-job
training."
2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who
must be assigned adequate authority and responsibility to do
so.
3. Dissemination of Policy: All members of the contractor's
staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action or are
substantially involved in such action, will be made fully
cognizant of and will implement the contractor's EEO policy
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above
agreement will be met, the following actions will be taken as a
minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six months, at which time the
contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by
the EEO Officer or other knowledgeable company official.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering
all major aspects of the contractor's EEO obligations within
thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the
contractor's procedures for locating and hiring minorities and
women.
d. Notices and posters setting forth the contractor's EEO
policy will be placed in areas readily accessible to employees,
applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings, employee handbooks, or
other appropriate means.
4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the
notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large
circulation among minorities and women in the area from
which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral
sources likely to yield qualified minorities and women. To
meet this requirement, the contractor will identify sources of
potential minority group employees and establish with such
identified sources procedures whereby minority and women
applicants may be referred to the contractor for employment
consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets the contractor's
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
Information and procedures with regard to referring such
applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and
personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be
taken without regard to race, color, religion, sex, sexual
orientation, gender identity, national origin, age or disability.
The following procedures shall be followed:
a. The contractor will conduct periodic inspections of project
sites to ensure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.
b. The contractor will periodically evaluate the spread of
wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its obligations under this contract, will attempt to resolve
such complaints, and will take appropriate corrective action
3
within a reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform
every complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
applicants for employment or current employees. Such efforts
should be aimed at developing full journey level status
employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements
and as permissible under Federal and State regulations, the
contractor shall make full use of training programs (i.e.,
apprenticeship and on-the-job training programs for the
geographical area of contract performance). In the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and
women and will encourage eligible employees to apply for
such training and promotion.
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. 23 CFR
230.409. Actions by the contractor, either directly or through a
contractor's association acting as agent, will include the
procedures set forth below:
a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such
union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, sexual orientation,
gender identity, national origin, age, or disability.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to
the contracting agency and shall set forth what efforts have
been made to obtain such information.
d. In the event the union is unable to provide the contractor
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement, the contractor will,
through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, sexual
orientation, gender identity, national origin, age, or disability;
making full efforts to obtain qualified and/or qualifiable
minorities and women. The failure of a union to provide
sufficient referrals (even though it is obligated to provide
exclusive referrals under the terms of a collective bargaining
agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
special provisions, such contractor shall immediately notify the
contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar
with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established
thereunder. Employers must provide reasonable
accommodation in all employment activities unless to do so
would cause an undue hardship.
9. Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex, sexual
orientation, gender identity, national origin, age, or disability in
the selection and retention of subcontractors, including
procurement of materials and leases of equipment. The
contractor shall take all necessary and reasonable steps to
ensure nondiscrimination in the administration of this contract.
a. The contractor shall notify all potential subcontractors,
suppliers, and lessors of their EEO obligations under this
contract.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurances Required:
a. The requirements of 49 CFR Part 26 and the State
DOT’s FHWA-approved Disadvantaged Business Enterprise
(DBE) program are incorporated by reference.
b. The contractor, subrecipient or subcontractor shall not
discriminate on the basis of race, color, national origin, or sex
in the performance of this contract. The contractor shall carry
out applicable requirements of 49 CFR part 26 in the award
and administration of DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-
responsible.
c. The Title VI and nondiscrimination provisions of U.S.
DOT Order 1050.2A at Appendixes A and E are incorporated
by reference. 49 CFR Part 21.
11. Records and Reports: The contractor shall keep such
records as necessary to document compliance with the EEO
requirements. Such records shall be retained for a period of
three years following the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the
following:
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(1) The number and work hours of minority and non-
minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women.
b. The contractors and subcontractors will submit an annual
report to the contracting agency each July for the duration of
the project indicating the number of minority, women, and non-
minority group employees currently engaged in each work
classification required by the contract work. This information is
to be reported on Form FHWA-1391. The staffing data should
represent the project work force on board in all or any part of
the last payroll period preceding the end of July. If on-the-job
training is being required by special provision, the contractor
will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction
contracts and to all related construction subcontracts of more
than $10,000. 41 CFR 60-1.5.
As prescribed by 41 CFR 60-1.8, the contractor must ensure
that facilities provided for employees are provided in such a
manner that segregation on the basis of race, color, religion,
sex, sexual orientation, gender identity, or national origin
cannot result. The contractor may neither require such
segregated use by written or oral policies nor tolerate such use
by employee custom. The contractor's obligation extends
further to ensure that its employees are not assigned to
perform their services at any location under the contractor's
control where the facilities are segregated. The term "facilities"
includes waiting rooms, work areas, restaurants and other
eating areas, time clocks, restrooms, washrooms, locker
rooms and other storage or dressing areas, parking lots,
drinking fountains, recreation or entertainment areas,
transportation, and housing provided for employees. The
contractor shall provide separate or single-user restrooms and
necessary dressing or sleeping areas to assure privacy
between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction
projects exceeding $2,000 and to all related subcontracts and
lower-tier subcontracts (regardless of subcontract size), in
accordance with 29 CFR 5.5. The requirements apply to all
projects located within the right-of-way of a roadway that is
functionally classified as Federal-aid highway. 23 U.S.C. 113.
This excludes roadways functionally classified as local roads
or rural minor collectors, which are exempt. 23 U.S.C. 101.
Where applicable law requires that projects be treated as a
project on a Federal-aid highway, the provisions of this subpart
will apply regardless of the location of the project. Examples
include: Surface Transportation Block Grant Program projects
funded under 23 U.S.C. 133 [excluding recreational trails
projects], the Nationally Significant Freight and Highway
Projects funded under 23 U.S.C. 117, and National Highway
Freight Program projects funded under 23 U.S.C. 167.
The following provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 “Contract provisions and
related matters” with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.
1. Minimum wages (29 CFR 5.5)
a. All laborers and mechanics employed or working upon
the site of the work, will be paid unconditionally and not less
often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor
under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics.
Contributions made or costs reasonably anticipated for bona
fide fringe benefits under section 1(b)(2) of the Davis-Bacon
Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions
of paragraph 1.d. of this section; also, regular contributions
made or costs incurred for more than a weekly period (but not
less often than quarterly) under plans, funds, or programs
which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for
the classification of work actually performed, without regard to
skill, except as provided in 29 CFR 5.5(a)(4). Laborers or
mechanics performing work in more than one classification
may be compensated at the rate specified for each
classification for the time actually worked therein: Provided,
That the employer's payroll records accurately set forth the
time spent in each classification in which work is performed.
The wage determination (including any additional classification
and wage rates conformed under paragraph 1.b. of this
section) and the Davis-Bacon poster (WH–1321) shall be
posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible place where
it can be easily seen by the workers.
b. (1) The contracting officer shall require that any class of
laborers or mechanics, including helpers, which is not listed in
the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(ii) The classification is utilized in the area by the
construction industry; and
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(iii) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of
the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, U.S.
Department of Labor, Washington, DC 20210. The
Administrator, or an authorized representative, will approve,
modify, or disapprove every additional classification action
within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30-day
period that additional time is necessary.
(3) In the event the contractor, the laborers or mechanics
to be employed in the classification or their representatives,
and the contracting officer do not agree on the proposed
classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the
views of all interested parties and the recommendation of the
contracting officer, to the Administrator for determination.
The Administrator, or an authorized representative, will issue
a determination within 30 days of receipt and so advise the
contracting officer or will notify the contracting officer within
the 30-day period that additional time is necessary.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or
1.b.(3) of this section, shall be paid to all workers performing
work in the classification under this contract from the first
day on which work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the wage determination
or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
d. If the contractor does not make payments to a trustee or
other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits
under a plan or program, Provided, That the Secretary of
Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis-Bacon Act have
been met. The Secretary of Labor may require the contractor
to set aside in a separate account assets for the meeting of
obligations under the plan or program.
2. Withholding (29 CFR 5.5)
The contracting agency shall upon its own action or upon
written request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from
the contractor under this contract, or any other Federal
contract with the same prime contractor, or any other federally-
assisted contract subject to Davis-Bacon prevailing wage
requirements, which is held by the same prime contractor, so
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or
helper, employed or working on the site of the work, all or part
of the wages required by the contract, the contracting agency
may, after written notice to the contractor, take such action as
may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations
have ceased.
3. Payrolls and basic records (29 CFR 5.5)
a. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work. Such records
shall contain the name, address, and social security number of
each such worker, his or her correct classification, hourly rates
of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1(b)(2)(B) of the
Davis-Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that
the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis-
Bacon Act, the contractor shall maintain records which show
that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs.
b. (1) The contractor shall submit weekly for each week in
which any contract work is performed a copy of all payrolls to
the contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be
maintained under 29 CFR 5.5(a)(3)(i), except that full social
security numbers and home addresses shall not be included
on weekly transmittals. Instead the payrolls shall only need to
include an individually identifying number for each employee
(e.g., the last four digits of the employee's social security
number). The required weekly payroll information may be
submitted in any form desired. Optional Form WH–347 is
available for this purpose from the Wage and Hour Division
Web site. The prime contractor is responsible for the
submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
for transmission to the State DOT, the FHWA or the Wage and
Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this section for a prime
contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for its own
records, without weekly submission to the contracting agency.
(2) Each payroll submitted shall be accompanied by a
“Statement of Compliance,” signed by the contractor or
6
subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall
certify the following:
(i) That the payroll for the payroll period contains the
information required to be provided under 29 CFR
5.5(a)(3)(ii), the appropriate information is being
maintained under 29 CFR 5.5(a)(3)(i), and that such
information is correct and complete;
(ii) That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly,
and that no deductions have been made either directly or
indirectly from the full wages earned, other than
permissible deductions as set forth in 29 CFR part 3;
(iii) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed,
as specified in the applicable wage determination
incorporated into the contract.
(3) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH–347 shall satisfy the requirement for submission of the
“Statement of Compliance” required by paragraph 3.b.(2) of
this section.
(4) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231.
c. The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA, or the Department of Labor, and shall permit such
representatives to interview employees during working hours
on the job. If the contractor or subcontractor fails to submit the
required records or to make them available, the FHWA may,
after written notice to the contractor, the contracting agency or
the State DOT, take such action as may be necessary to
cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available may
be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and trainees (29 CFR 5.5)
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with
a State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but
who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job
site in any craft classification shall not be greater than the ratio
permitted to the contractor as to the entire work force under
the registered program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination
for the work actually performed. Where a contractor is
performing construction on a project in a locality other than
that in which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractor's registered
program shall be observed.
Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeymen hourly
rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with
the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer
and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable
program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training
Administration.
The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Employment and Training Administration.
Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention
fringe benefits, trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the
7
corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
In addition, any trainee performing work on the job site in
excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed.
In the event the Employment and Training Administration
withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an
acceptable program is approved.
c. Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29
CFR part 30.
d. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and
skill training programs which have been certified by the
Secretary of Transportation as promoting EEO in connection
with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV.
23 CFR 230.111(e)(2). The straight time hourly wage rates for
apprentices and trainees under such programs will be
established by the particular programs. The ratio of
apprentices and trainees to journeymen shall not be greater
than permitted by the terms of the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract as
provided in 29 CFR 5.5.
6. Subcontracts. The contractor or subcontractor shall insert
Form FHWA-1273 in any subcontracts and also require the
subcontractors to include Form FHWA-1273 in any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor
with all the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis-
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract as
provided in 29 CFR 5.5.
9. Disputes concerning labor standards. As provided in 29
CFR 5.5, disputes arising out of the labor standards provisions
of this contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of Labor
set forth in 29 CFR parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the contractor
(or any of its subcontractors) and the contracting agency, the
U.S. Department of Labor, or the employees or their
representatives.
10. Certification of eligibility (29 CFR 5.5)
a. By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an
interest in the contractor's firm is a person or firm ineligible to
be awarded Government contracts by virtue of section 3(a) of
the Davis-Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person
or firm ineligible for award of a Government contract by virtue
of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
c. The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001.
V. CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), the following clauses apply to any
Federal-aid construction contract in an amount in excess of
$100,000 and subject to the overtime provisions of the
Contract Work Hours and Safety Standards Act. These
clauses shall be inserted in addition to the clauses required by
29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the
terms laborers and mechanics include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek. 29 CFR
5.5.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph 1 of this section, the contractor and any
subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor
shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in
paragraph 1 of this section, in the sum currently provided in 29
CFR 5.5(b)(2)* for each calendar day on which such individual
was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime
wages required by the clause set forth in paragraph 1 of this
section. 29 CFR 5.5.
* $27 as of January 23, 2019 (See 84 FR 213-01, 218) as may
be adjusted annually by the Department of Labor; pursuant to
the Federal Civil Penalties Inflation Adjustment Act of 1990).
8
3. Withholding for unpaid wages and liquidated damages.
The FHWA or the contacting agency shall upon its own action
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any
other federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph 2 of this section.
29 CFR 5.5.
4. Subcontracts. The contractor or subcontractor shall insert
in any subcontracts the clauses set forth in paragraphs 1
through 4 of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs 1 through 4 of this
section. 29 CFR 5.5.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction
contracts on the National Highway System pursuant to 23 CFR
635.116.
1. The contractor shall perform with its own organization
contract work amounting to not less than 30 percent (or a
greater percentage if specified elsewhere in the contract) of
the total original contract price, excluding any specialty items
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such
specialty items performed may be deducted from the total
original contract price before computing the amount of work
required to be performed by the contractor's own organization
(23 CFR 635.116).
a. The term “perform work with its own organization” in
paragraph 1 of Section VI refers to workers employed or
leased by the prime contractor, and equipment owned or
rented by the prime contractor, with or without operators.
Such term does not include employees or equipment of a
subcontractor or lower tier subcontractor, agents of the prime
contractor, or any other assignees. The term may include
payments for the costs of hiring leased employees from an
employee leasing firm meeting all relevant Federal and State
regulatory requirements. Leased employees may only be
included in this term if the prime contractor meets all of the
following conditions: (based on longstanding interpretation)
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality
of the work of the leased employees;
(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to minor
components of the overall contract. 23 CFR 635.102.
2. Pursuant to 23 CFR 635.116(a), the contract amount upon
which the requirements set forth in paragraph (1) of Section VI
is computed includes the cost of material and manufactured
products which are to be purchased or produced by the
contractor under the contract provisions.
3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish
(a) a competent superintendent or supervisor who is employed
by the firm, has full authority to direct performance of the work
in accordance with the contract requirements, and is in charge
of all construction operations (regardless of who performs the
work) and (b) such other of its own organizational resources
(supervision, management, and engineering services) as the
contracting officer determines is necessary to assure the
performance of the contract.
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the
contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is
evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract. (based on long-
standing interpretation of 23 CFR 635.116).
5. The 30-percent self-performance requirement of paragraph
(1) is not applicable to design-build contracts; however,
contracting agencies may establish their own self-performance
requirements. 23 CFR 635.116(d).
VII. SAFETY: ACCIDENT PREVENTION
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall
comply with all applicable Federal, State, and local laws
governing safety, health, and sanitation (23 CFR Part 635).
The contractor shall provide all safeguards, safety devices and
protective equipment and take any other needed actions as it
determines, or as the contracting officer may determine, to be
reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to
protect property in connection with the performance of the
work covered by the contract. 23 CFR 635.108.
2. It is a condition of this contract, and shall be made a
condition of each subcontract, which the contractor enters into
pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance
of the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her
health or safety, as determined under construction safety and
health standards (29 CFR Part 1926) promulgated by the
Secretary of Labor, in accordance with Section 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C.
3704). 29 CFR 1926.10.
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative
thereof, shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance
9
with the construction safety and health standards and to carry
out the duties of the Secretary under Section 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C.
3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made
by engineers, contractors, suppliers, and workers on Federal-
aid highway projects, it is essential that all persons concerned
with the project perform their functions as carefully, thoroughly,
and honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR Part 635) in one or more
places where it is readily available to all persons concerned
with the project:
18 U.S.C. 1020 reads as follows:
"Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a
person, association, firm, or corporation, knowingly makes any
false statement, false representation, or false report as to the
character, quality, quantity, or cost of the material used or to
be used, or the quantity or quality of the work performed or to
be performed, or the cost thereof in connection with the
submission of plans, maps, specifications, contracts, or costs
of construction on any highway or related project submitted for
approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to
be performed, or materials furnished or to be furnished, in
connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate,
or report submitted pursuant to provisions of the Federal-aid
Roads Act approved July 11, 1916, (39 Stat. 355), as
amended and supplemented;
Shall be fined under this title or imprisoned not more than 5
years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT (42 U.S.C. 7606; 2
CFR 200.88; EO 11738)
This provision is applicable to all Federal-aid construction
contracts in excess of $150,000 and to all related
subcontracts. 48 CFR 2.101; 2 CFR 200.326.
By submission of this bid/proposal or the execution of this
contract or subcontract, as appropriate, the bidder, proposer,
Federal-aid construction contractor, subcontractor, supplier, or
vendor agrees to comply with all applicable standards, orders
or regulations issued pursuant to the Clean Air Act (42 U.S.C.
7401-7671q) and the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251-1387). Violations must be reported
to the Federal Highway Administration and the Regional Office
of the Environmental Protection Agency. 2 CFR Part 200,
Appendix II.
The contractor agrees to include or cause to be included the
requirements of this Section in every subcontract, and further
agrees to take such action as the contracting agency may
direct as a means of enforcing such requirements. 2 CFR
200.326.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal-aid construction
contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA
approval or that is estimated to cost $25,000 or more – as
defined in 2 CFR Parts 180 and 1200. 2 CFR 180.220 and
1200.220.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective
first tier participant is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
covered transaction. The prospective first tier participant shall
submit an explanation of why it cannot provide the certification
set out below. The certification or explanation will be
considered in connection with the department or agency's
determination whether to enter into this transaction. However,
failure of the prospective first tier participant to furnish a
certification or an explanation shall disqualify such a person
from participation in this transaction. 2 CFR 180.320.
c. The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
agency determined to enter into this transaction. If it is later
determined that the prospective participant knowingly rendered
an erroneous certification, in addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause of default. 2 CFR
180.325.
d. The prospective first tier participant shall provide
immediate written notice to the contracting agency to whom
this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180, Subpart I, 180.900-180.1020, and 1200.
“First Tier Covered Transactions” refers to any covered
transaction between a recipient or subrecipient of Federal
funds and a participant (such as the prime or general contract).
“Lower Tier Covered Transactions” refers to any covered
transaction under a First Tier Covered Transaction (such as
subcontracts). “First Tier Participant” refers to the participant
10
who has entered into a covered transaction with a recipient or
subrecipient of Federal funds (such as the prime or general
contractor). “Lower Tier Participant” refers any participant who
has entered into a covered transaction with a First Tier
Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by
the department or agency entering into this transaction. 2
CFR 180.330.
g. The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transactions,"
provided by the department or contracting agency, entering
into this covered transaction, without modification, in all lower
tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 threshold. 2 CFR
180.220 and 180.300.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. 2 CFR 180.300;
180.320, and 180.325. A participant is responsible for
ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. 2
CFR 180.335. To verify the eligibility of its principals, as well
as the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the System for
Award Management website (https://www.sam.gov/). 2 CFR
180.300, 180.320, and 180.325.
i. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
is not required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause
or default. 2 CFR 180.325.
* * * * *
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a. The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency, 2 CFR 180.335;.
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing
a public (Federal, State, or local) transaction or contract under
a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property, 2 CFR 180.800;
(3) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in
paragraph (a)(2) of this certification, 2 CFR 180.700 and
180.800; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default. 2
CFR 180.335(d).
(5) Are not a corporation that has been convicted of a felony
violation under any Federal law within the two-year period
preceding this proposal (USDOT Order 4200.6 implementing
appropriations act requirements); and
(6) Are not a corporation with any unpaid Federal tax liability
that has been assessed, for which all judicial and
administrative remedies have been exhausted, or have lapsed,
and that is not being paid in a timely manner pursuant to an
agreement with the authority responsible for collecting the tax
liability (USDOT Order 4200.6 implementing appropriations act
requirements).
b. Where the prospective participant is unable to certify to
any of the statements in this certification, such prospective
participant should attach an explanation to this proposal. 2
CFR 180.335 and 180.340.
3. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders, and other
lower tier transactions requiring prior FHWA approval or
estimated to cost $25,000 or more - 2 CFR Parts 180 and
1200). 2 CFR 180.220 and 1200.220.
a. By signing and submitting this proposal, the prospective
lower tier participant is providing the certification set out below.
b. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department, or agency with which
this transaction originated may pursue available remedies,
including suspension and/or debarment.
c. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
changed circumstances. 2 CFR 180.365.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180, Subpart I, 180.900 – 180.1020, and 1200.
You may contact the person to which this proposal is
11
submitted for assistance in obtaining a copy of those
regulations. “First Tier Covered Transactions” refers to any
covered transaction between a recipient or subrecipient of
Federal funds and a participant (such as the prime or general
contract). “Lower Tier Covered Transactions” refers to any
covered transaction under a First Tier Covered Transaction
(such as subcontracts). “First Tier Participant” refers to the
participant who has entered into a covered transaction with a
recipient or subrecipient of Federal funds (such as the prime or
general contractor). “Lower Tier Participant” refers any
participant who has entered into a covered transaction with a
First Tier Participant or other Lower Tier Participants (such as
subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless
authorized by the department or agency with which this
transaction originated. 2 CFR 1200.220 and 1200.332.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions exceeding
the $25,000 threshold. 2 CFR 180.220 and 1200.220.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the System for
Award Management website (https://www.sam.gov/), which is
compiled by the General Services Administration. 2 CFR
180.300, 180.320, 180.330, and 180.335.
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render
in good faith the certification required by this clause. The
knowledge and information of participant is not required to
exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment. 2 CFR 180.325.
* * * * *
Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
1. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals:
(a) is presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in
covered transactions by any Federal department or agency, 2
CFR 180.355;
(b) is a corporation that has been convicted of a felony
violation under any Federal law within the two-year period
preceding this proposal (USDOT Order 4200.6 implementing
appropriations act requirements); and
(c) is a corporation with any unpaid Federal tax liability that
has been assessed, for which all judicial and administrative
remedies have been exhausted, or have lapsed, and that is
not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability.
(USDOT Order 4200.6 implementing appropriations act
requirements)
2. Where the prospective lower tier participant is unable to
certify to any of the statements in this certification, such
prospective participant should attach an explanation to this
proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts which exceed
$100,000. 49 CFR Part 20, App. A.
1. The prospective participant certifies, by signing and
submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
12
subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
XII. USE OF UNITED STATES-FLAG VESSELS:
This provision is applicable to all Federal-aid construction
contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease agreements, or any other
covered transaction. 46 CFR Part 381.
This requirement applies to material or equipment that is
acquired for a specific Federal-aid highway project. 46 CFR
381.7. It is not applicable to goods or materials that come into
inventories independent of an FHWA funded-contract.
When oceanic shipments (or shipments across the Great
Lakes) are necessary for materials or equipment acquired for a
specific Federal-aid construction project, the bidder, proposer,
contractor, subcontractor, or vendor agrees:
1. To utilize privately owned United States-flag commercial
vessels to ship at least 50 percent of the gross tonnage
(computed separately for dry bulk carriers, dry cargo liners,
and tankers) involved, whenever shipping any equipment,
material, or commodities pursuant to this contract, to the
extent such vessels are available at fair and reasonable rates
for United States-flag commercial vessels. 46 CFR 381.7.
2. To furnish within 20 days following the date of loading for
shipments originating within the United States or within 30
working days following the date of loading for shipments
originating outside the United States, a legible copy of a rated,
‘on-board’ commercial ocean bill-of-lading in English for each
shipment of cargo described in paragraph (b)(1) of this section
to both the Contracting Officer (through the prime contractor in
the case of subcontractor bills-of-lading) and to the Office of
Cargo and Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590. (MARAD requires
copies of the ocean carrier's (master) bills of lading, certified
onboard, dated, with rates and charges. These bills of lading
may contain business sensitive information and therefore may
be submitted directly to MARAD by the Ocean Transportation
Intermediary on behalf of the contractor). 46 CFR 381.7.
13
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633, Subpart B, Appendix B)
This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor
undertaking to do work which is, or reasonably may be, done
as on-site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated, except:
a. To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (1c) shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work, except as provided in
subparagraph (4) below.
2. The contractor shall place a job order with the State
Employment Service indicating (a) the classifications of the
laborers, mechanics and other employees required to perform
the contract work, (b) the number of employees required in
each classification, (c) the date on which the participant
estimates such employees will be required, and (d) any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work, the
information submitted by the contractor in the original job order
is substantially modified, the participant shall promptly notify
the State Employment Service.
3. The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who, in his opinion, are not qualified to
perform the classification of work required.
4. If, within one week following the placing of a job order by
the contractor with the State Employment Service, the State
Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this
certificate, the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate, notwithstanding the provisions of subparagraph (1c)
above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
6. The contractor shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work
which is, or reasonably may be, done as on-site work.
Contract 1300-40
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 , 2022, awarded to
, hereinafter designated as the Principal, a Contract for City
Project No. 2011-05, Federal Project No. BRNBIL (537), Dune Palms Road
Bridge Improvements, 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 , 2022, 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 , 2022, awarded to
, hereinafter designated as the Principal, a Contract
for Project No. 2011-05, Federal Project No. BRNBIL (537), Dune Palms
Road Bridge Improvements.
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 , 2022, 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)
$5,000,000 (per occurrence)
$5,000,000 (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)
Personal Auto Declaration Page if applicable
Liability and Insurance Requirements 1340-4
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.
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.
Liability and Insurance Requirements 1340-5
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.
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.
Liability and Insurance Requirements 1340-6
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.
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.
Liability and Insurance Requirements 1340-7
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.
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.
Liability and Insurance Requirements 1340-8
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.
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 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.
City - The City of La Quinta, a Municipal Corporation in the State of California.
General Conditions 1400-4
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.
Holidays - Legal holidays designated by the City or specifically identified in the
Contract.
Install - Placing, erecting, or constructing any item, equipment, or material.
General Conditions 1400-6
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.
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.
General Conditions 1400-7
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.
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.
General Conditions 1400-8
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.
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.
General Conditions 1400-9
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.
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.
General Conditions 1400-10
3.4 City's Right to Carry Out the Work
If the Contractor defaults or neglects to carry out the Work in accordance with
the Contract Documents, and fails within seven (7) days after receipt of written
notice from the City to commence and continue correction of such default or
neglect with diligence and promptness, the City may, after seven (7) days
following receipt by the Contractor of an additional written notice and without
prejudice to any other remedy make good such deficiencies.
The City also reserves the right to perform any portion of the work due to an
emergency threatening the safety of the Work, public, City, and any property or
equipment.
In either case an appropriate Change Order shall be issued unilaterally
deducting from the payments then or thereafter due the Contractor the cost of
correcting such deficiencies and/or for performing such work, including
compensation for consultants and City's additional services made necessary by
such default, neglect, failure or emergency.
3.5 City's Right to Perform Work and to Award Separate Contracts
The City reserves the right to perform the work related to the Project with the
City's own forces, and to award separate Contracts in connection with other
portions of the Project or other work on the Site under these or similar
Conditions of the Contract. If the Contractor claims that delay, damage, or
additional cost is involved because of such action by the City, the Contractor
shall make such claim as provided elsewhere in the Contract Documents.
When separate Contracts are awarded for different portions of the Project or
other work on the Site, the term "Contractor" in the Contract Documents in
each case shall mean the Contractor who executes each separate 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.
General Conditions 1400-11
4.2 Contractor's Representative
The Contractor shall notify the City in writing of the name of the person who
will act as the Contractor's representative and shall have the authority to act in
matters relating to this Contract. The Contractor, acting through its
representative, shall give personal attention to, and shall manage the Work, so
that it shall be prosecuted faithfully. The Contractor's representative shall be
an employee of the Contractor. Upon written request of the Contractor, this
requirement may be waived by the City. The City's waiver, if granted will be in
writing. There is no obligation by the City to waive this provision regardless of
the effect on the Contractor's operations.
At all times during the progress of the Work, the Contractor's representative
shall be personally present at the Project site, or a designated alternate shall be
available who has the authority to act in matters relating to the Contract. The
Contractor's representative or designated alternate shall have the authority to
carry out the provisions of the Contract and to supply materials, equipment,
tools, and labor without delay for the performance of the Work.
Before initial work is begun on the Contract, the Contractor shall file with the
City Engineer addresses and telephone numbers where the Contractor's and all
subcontractors' representatives can be reached during all hours, including
nights and weekends when work is not in progress.
4.3 Construction Procedures
The Contractor will supervise and direct the work. The Contractor has the
authority to determine the means, methods, techniques, sequences, and
procedures of construction, except in those instances where the City, to define
the quality of an item of work, specifies in the Contract, a means, method,
technique, sequence, or procedure for construction of that item of Work.
4.4 Contractor's Employees
The Contractor shall be responsible for the adequacy, efficiency, and sufficiency
of its employees. Workers shall have sufficient knowledge, skill, and experience
to perform properly the work assigned to them.
The Contractor shall employ only competent, skillful workers to perform the
Work. If any subcontractor or person employed by the Contractor or its
subcontractors, appear to the City Engineer to be incompetent or act in a
disorderly or improper manner, such person or subcontractor shall be
discharged from the site immediately by the Contractor upon written direction
of the City Engineer, and such person shall not again be employed on the
Project.
General Conditions 1400-12
4.5 Subcontractors
Subcontractors will not be recognized as having a direct relationship with the
City. The persons engaged in the Work, including employees of subcontractors
and suppliers, will be considered employees of the Contractor. The Contractor
will be responsible for their work and their work shall be subject to the
provisions of the Contract. The Contractor is as fully responsible to the City for
the acts and omissions of its subcontractors and of persons either directly or
indirectly employed by them as the Contractor is for the acts and omissions of
persons directly employed by the Contractor. Nothing contained in the Contract
Documents shall create any contractual relation between any subcontractor and
the City. References in the Contract Document to actions required of
subcontractors, manufacturers, suppliers, or any party other than the
Contractor, the City, the City Engineer, its consultants shall be interpreted as
requiring that the Contractor shall require such subcontractor, manufacturer,
supplier, utility company, or party to perform the specified action, unless the
Contract Documents specifically state that the Work is not included in the
Contract.
The Contractor shall not employ any subcontractors that are not properly
licensed in accordance with State law. Prior to commencement of any work by
a subcontractor, the Contractor shall submit verification to the City Engineer
that the subcontractor is properly licensed for the work it will perform.
Changes to subcontractors listed in the Bid in accordance with Public Contract
Code 4100 et. seq., shall be made only with the approval of the City.
4.6 Contractor's Equipment and Facilities
The Contractor shall furnish and maintain in good condition all equipment and
facilities as required for the proper execution and inspection of the Work. Such
equipment and facilities shall meet all requirements of applicable ordinances
and laws.
4.7 Public Safety and Convenience
The Contractor shall conduct its work so as to insure the least possible
obstruction to traffic and inconvenience to the general public and the residents
in the vicinity of the Work and to insure the protection of persons and property
at no extra cost to the City. The Contractor shall have under construction no
greater length or amount of work than he can prosecute properly with due
regard to the rights of the public.
4.8 City-Contractor Coordination
4.8.1 Service of Notice - Notice, order, direction, request, or other
communication given by the City or the City Engineer to the Contractor
shall be deemed to be well and sufficiently given to the Contractor if
delivered to the Contractor's Representative designated in Paragraph
1400-4.2, Contractor's Representative, to the Contractor's office
designated in Paragraph 1400-4.1, Office, or to the Contractor's
address provided in the Bid Proposal.
General Conditions 1400-13
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.
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
General Conditions 1400-14
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.
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.
General Conditions 1400-15
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.
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 1110-21.0, 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.
General Conditions 1400-16
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.
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.
General Conditions 1400-17
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.
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
General Conditions 1400-18
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.
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.
General Conditions 1400-19
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.
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.
General Conditions 1400-20
Acceptance by the City, it consultants, or the City Engineer of any drawings,
methods of work, or any information regarding materials and equipment the
Contractor proposes to furnish in the Work shall not be regarded as an
assumption of risks or liability by the City, its consultants, or the City Engineer,
or any officer or employee thereof, and the Contractor shall have no claim
under the Contract on account of the failure or partial failure or inefficiency or
insufficiency of any plan or method of work or material and equipment so
accepted. Such acceptance shall be considered to mean merely that the City,
its consultants, or the City Engineer has no objection to the Contractor using,
upon its own full responsibility, the plan or method of work proposed, or
furnishing the materials and equipment proposed.
5.2 City-Furnished Materials
Materials, if furnished by the City, will be made available as designated in the
Specific Project Requirements. The cost of loading, unloading, hauling and
handling, and placing City-furnished materials shall be considered as included in
the price bid for the Contract item involving such City-furnished material.
Contractor shall inspect and assure himself of the amount and soundness of
such materials.
The Contractor will be held responsible for all materials furnished to it, and shall
pay all demurrage and storage charges. City-furnished materials lost or
damaged from any cause whatsoever shall be replaced by the Contractor. The
Contractor will be liable to the City for the cost of replacing City-furnished
material and such costs may be deducted from any monies due or to become
due the Contractor.
5.3 Defective and Unauthorized Work
Materials and workmanship not conforming to the requirements of the Contract
Documents shall be considered defective and will be subject to rejection.
Defective work or material, whether in place or not, shall be removed
immediately from the Site by the Contractor, at its expense, when so directed
by the City Engineer.
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.
General Conditions 1400-21
5.4 Unnoticed Defects
Any defective work or material that may be discovered by the City, its
consultants, or the City Engineer before the final acceptance of the Work, or
before final payment has been made, or during the warranty period, shall be
removed and replaced by work and materials which shall conform to the
provisions of the Contract Documents. Failure on the part of the City, its
consultants, or the City Engineer to condemn or reject bad or inferior work or
materials shall not be construed to imply acceptance of such work or materials.
5.5 Right to Retain Imperfect Work
If any part or portion of the work performed or material furnished under this
Contract shall prove defective and not in accordance with the Drawings and
Specifications, and if the imperfection in the same shall not be of sufficient
magnitude or importance as to make the work dangerous or unsuitable, or if
the removal of such work will create conditions which are dangerous or
undesirable, the City shall have the right and authority to retain such
work but shall make such deductions in the final payment therefor as
may be just and reasonable.
6.0 PROGRESS OF THE WORK
6.1 Beginning of Work
The Contractor shall begin work within ten (10) days after receiving Notice to
Proceed and shall diligently prosecute the same to completion within the time
limit.
Should the Contractor begin work in advance of receiving Notice to Proceed,
any work performed in advance of the said date of approval shall be considered
as having been done by the Contractor at its own risk and as a volunteer.
6.2 Time of Completion
Time shall be of the essence of the Contract. The Contractor shall prosecute
the work so that the various portions of the project shall be complete and ready
for use within the time specified in Paragraph 3000-1.6 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
General Conditions 1400-22
Contractor agrees that no claim shall be made for delays which are not
called to the attention of the City Engineer at the time of their occurrence.
6.3.2 Avoidable Delays - Avoidable delays in the prosecution of the Work shall
include delays which could have been avoided by the exercise of care,
prudence, foresight, and diligence on the part of the Contractor or its
subcontractors, at any tier level, or suppliers.
6.3.3 Unavoidable Delays - Unavoidable delays in the prosecution or
completion of the Work shall include delays which result from causes
beyond the control of the Contractor and which could not have been
avoided by the exercise of care, prudence, foresight, and diligence on the
part of the Contractor or his subcontractors, at any tier level, or suppliers.
Delays in completion of the Work of other Contractors employed by the
City will be considered unavoidable delays insofar as they interfere with
the Contractor's completion of the current critical activity item of the
Work.
6.3.3.1 Abnormal Delays - Delays caused by acts of god, fire, unusual storms,
floods, tidal waves, earthquakes, strikes, labor disputes, freight
embargoes, and shortages of materials shall be considered as unavoidable
delays insofar as they prevent the Contractor from proceeding with at
least seventy-five (75) percent of the normal labor and equipment force
for at least five (5) hours per day toward completion of the current critical
activity item on the favorably reviewed progress schedule.
6.3.3.2 Material Shortages - Upon the submission of satisfactory proof to the
City Engineer by the Contractor, shortages of material will be acceptable
as grounds for granting a time extension. In order that such proof may be
satisfactory and acceptable to the City Engineer, it must be demonstrated
by the Contractor that the Contractor has made every effort to obtain such
materials from all known sources within reasonable reach of the proposed
Work.
Only the physical shortage of material, caused by unusual circumstances,
will be considered under these provisions as a cause for extension of time,
and no consideration will be given to any claim that material could not be
obtained at a reasonable, practical, or economical cost or price, unless it is
shown to the satisfaction of the City Engineer that such material could
have been obtained only at exorbitant prices entirely out of line with
current rates, taking into account the quantities involved and usual
practices in obtaining such quantities. A time extension for shortage of
material will not be considered for material ordered or delivered late or
whose availability is affected by virtue of the mishandling of procurement.
The above provisions apply equally to equipment to be installed in the
work.
General Conditions 1400-23
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.
b. If requested by the City Engineer, the Contractor shall promptly provide
sufficient information to the City Engineer to assess the cause or effect of
the alleged delay, or to determine if other concurrent delays affected the
work.
c. Weather Delays. The Contractor will be granted a non-compensable time
extension for weather caused delays.
Should the Contractor fail to fulfill any of the foregoing, which are
considered conditions precedent to the right to receive a time extension,
the Contractor waives the right to receive a time extension.
Should the Contractor fail to complete the work within the time specified in
the contract, as extended in accordance with this clause if appropriate, the
Contractor shall pay to the City liquidated damages in accordance with
Section 1500, Paragraph 1500-3.0, Liquidated Damages.
During such extension of time, neither extra compensation for
engineering, inspection and administration nor damages for delay will be
charged to the Contractor. It is understood and agreed by the Contractor
and City that time extensions due to unavoidable delays will be granted
only if such unavoidable delays involve controlling operations which would
prevent completion of the whole Work within the specified Contract time.
General Conditions 1400-24
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.
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.
General Conditions 1400-25
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. The Contractor as
directed by the City shall provide the provisions as stipulated in Paragraph
1400-6.5.2 above. Such additional work shall be compensated as provided
for in Paragraph 1400-7.0, CHANGES IN SCOPE OF WORK.
6.6 Termination of Contract
If at any time the Contractor is determined to be in material breach of the
Contract, notice thereof in writing will be served upon the Contractor and its
sureties, and should the Contractor neglect or refuse to provide means for a
satisfactory compliance with the Contract, as directed by the City Engineer,
within the time specified in such notice, the City shall have the authority to
terminate the operation of the Contract.
General Conditions 1400-26
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.
7.0 CHANGES IN THE SCOPE OF WORK
7.1 Change Orders
7.1.1 Without invalidating the Contract and without notice to sureties or
insurers, the City, through the City Engineer, may at any time or from time to
time, order additions, deletions, or revisions in the Work; these will be
authorized by Field Directive, Field Order, or Change Order. A Change Order
will not be issued for a Field Directive unless the City Engineer concurs with an
appeal by the Contractor that such Field Directive is a change in the scope of
the Contract. The Contractor shall comply promptly with the requirements for
all Change Orders, Field Orders, or Field Directives. The work 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.
General Conditions 1400-27
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 1400-7.5.2, Claims.
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.
General Conditions 1400-28
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
1400-7.5, Resolution of Disputes.
No claim of the Contractor under this clause shall be allowed unless the
Contractor has given the notice required.
7.3 Suspensions of Work Ordered by the City
If the performance of all or any portion of the work is suspended or delayed by
the City in writing for an unreasonable period of time (not originally anticipated,
customary, or inherent to the construction industry) and the contractor believes
that additional compensation and/or contract time is due as a result of such
suspension or delay, the contractor shall submit to the City, in writing, a
request for adjustment within 7 calendar days of receipt of the notice to resume
work. The request shall set forth the reasons and support for such adjustment.
Upon receipt, the City will evaluate the contractor's request. If the City agrees
that the cost and/or time required for the performance of the contract has
increased as a result of such suspension and the suspension was caused by
conditions beyond the control of and not the fault of the contractor, its
suppliers, or subcontractors at any approved tier, and not caused by weather,
the City shall cause to be issued a change order under the procedures provided
in Paragraph 1400-7.1, Change Orders. The contractor will be notified of the
City's determination whether or not an adjustment of the contract is warranted.
No contract adjustment will be allowed unless the contractor has submitted the
request for adjustment within the time prescribed.
No contract adjustment will be allowed under this clause to the extent that
performance would have been suspended or delayed by any other cause, or for
which an adjustment is provided or excluded under any other term or condition
of this contract.
7.4 Significant Changes in the Character of Work
The City reserves the right to make, in writing, at any time during the work,
such changes in quantities and such alterations in the work as are necessary to
satisfactorily complete the project. Such changes in quantities and alterations
shall not invalidate the contract nor release the surety, and the contractor
agrees to perform the work as altered.
General Conditions 1400-29
If the alterations or changes in quantities significantly change the character of
the work under the contract, whether such alterations or changes are in
themselves significant changes to the character of the work or by affecting
other work cause such other work to become significantly different in character,
an adjustment, excluding anticipated profit, will be made to the contract under
the procedures provided in Paragraph 1400-7.1, Change Orders. The basis for
the adjustment shall be agreed upon prior to the performance of the work. If a
basis cannot be agreed upon, then an adjustment will be made either for or
against the contractor in such amount as the City may determine to be fair and
equitable.
If the alterations or changes in quantities do not significantly change the
character of the work to be performed under the contract, the altered work will
be paid for as provided elsewhere in the contract.
The term “significant change” shall be construed to apply only to the following
circumstances:
a. When the character of the work as altered differs materially in kind or nature
from that involved or included in the original proposed construction; or
b. When a major item of work, as defined elsewhere in the contract, is increased
in excess of 125 percent or decreased below 75 percent of the original contract
quantity. Any allowance for an increase in quantity shall apply only to that
portion in excess of 125 percent of original contract item quantity, or in case of
a decrease below 75 percent, to the actual amount of work performed.
7.5 Resolution of Disputes
7.5.1 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.
7.5.2 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 1400-30
7.5.2.1 Notice - If the Contractor disagrees with the City Engineer's decision
in Paragraph 1400-7.5.1, 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 1400-7.5.1 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.
7.5.2.2 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.
7.5.2.3 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 1400-31
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.
7.5.2.4 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.
7.5.3 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 1400-7.5.3.1 to 1400-7.5.3.5. For claims greater than three
hundred and seventy-five thousand dollars ($375,000) Paragraphs 1400-
7.5.3.2 to 1400-7.5.3.4 are applicable; however, Paragraph 1400-7.3.3.5,
Civil Actions for claims less than $375,000, is not applicable.
7.5.3.1 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 1400-7.5.2, 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 1400-32
7.5.3.2 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 1400-7.5.2, 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.
7.5.3.3 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.
7.5.3.4 Claim Filing - If the claim or any portion remains in dispute after the
claim conference noted in Paragraph 1400-7.5.3.4, 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 1400-7.5.2, Claims, until the time the claim
is denied, including any period of time utilized in the meet and confer
process.
7.5.3.5 Civil Actions for Claims Less Than $375,000 - The following
procedures are established for all civil actions filed to resolve claims for
less than three hundred seventy-five thousand dollars ($375,000):
a. Within 60 days, but no earlier than 30 days, following the filing or
responsive pleading, the court shall submit the matter to non-binding
mediation unless waived by mutual stipulation of both parties. The
mediation process shall provide for the selection within 15 days by both
parties of a disinterested third person as mediator, shall be commenced
within 30 days of the submittal, and shall be concluded within 15 days
from the commencement of the mediation unless a time requirement is
extended upon a good cause showing to the court.
General Conditions 1400-33
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.
7.5.3.6 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.
7.5.4 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.
8.0 PROJECT MODIFICATION PROCEDURES
8.1 Changes in Contract Price
Whenever corrections, alterations, or modifications of the work under this
Contract are ordered by the City Engineer and approved by the City and
increase the amount of work to be done, such added work shall be known as
extra work; and when such corrections, alterations, or modifications decrease
the amount of work to be done, such subtracted work shall be known as work
omitted.
The difference in cost of the work affected by such change will be added to or
deducted from the amount of said Contract price, as the case may be, by a fair
and reasonable valuation, which shall be determined in one or more of the
following ways as directed by the City Engineer:
a. By unit prices subsequently fixed by agreement between the parties;
General Conditions 1400-34
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.
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.
General Conditions 1400-35
Under the method described in Paragraph 1400-8.1b and 8.1c the maximum
percentage which will be allowed for the Contractor's combined overhead and
profit will be:
a. For work by its own organization, the Contractor may add the following
percentages:
• Direct Labor 25 percent
• Materials 15 percent
• Equipment (owned or rented) 15 percent
b. For all such work done by subcontractors, such subcontractor may add the
same percentages as the Contractor as listed in (1) above to its actual net
increase in costs for combined overhead and profit and the Contractor may
add up to ten (10) percent of the subcontractor's total for its combined
overhead and profit.
c. For all such work done by subtier-subcontractors, such sub-subcontractors
may add the same percentages as the Contractor as listed in (1) above to
its actual net increase in costs for combined overhead and profit and the
subcontractor may add up to ten (10) percent of the sub-subcontractor's
total for his combined overhead and profit. The Contractor may add up to
five (5) percent of the subcontractor's total for its combined overhead and
profit.
d. To the total of the actual costs and fees allowed 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.
General Conditions 1400-36
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:
• A fixed fee not to exceed fifteen (15) percent of the costs of Items a, b,
and c above.
• To the total of the actual costs and fees allowed hereunder, not more than
two (2) percent shall be added for additional bond and insurance as the
cost of Items d and e above.
For work performed by an approved subcontractor, the Contractor may add to
the total of the actual costs and fixed fees allowed under the preceding
paragraph an additional fixed fee of five (5) percent of said total. No further
compensation will be allowed for the Contractor's administration of the work
performed by the subcontractor.
For work performed by a subtier-subcontractor, the subcontractor may add to
the total of the actual costs and fixed fees allowed under the preceding
paragraph an additional fixed fee of five (5) percent of said total. No further
compensation will be allowed for the subcontractor's administration of the work
performed by the subtier-subcontractor. The Contractor may add to the total of
the actual costs and fixed fees allowed under this paragraph an additional fixed
fee of five (5) percent of said total. No further compensation will be allowed for
the Contractor's administration of the work performed by the subcontractor.
General Conditions 1400-37
The added fixed fees shall be considered to be full compensation, covering the
cost of general supervision, overhead, profit, and any other general expense.
The above fixed fees represent the maximum limits which will be allowed, and
they include the Contractor's and all subcontractors' indirect home office
expenses and all costs for cost proposal preparation and record keeping.
The City reserves the right to furnish such materials and equipment as it deems
expedient, and the Contractor shall have no claim for profit or added fees on
the cost of such materials and equipment.
For equipment under Item c above, rental or equivalent rental cost will be
allowed for only those days or hours during which the equipment is in actual
use. Payment shall be based on actual rental and transportation invoices but
shall not exceed the monthly rate in the Rental Rate Blue Book. Owner-
operated equipment rates shall not exceed the monthly rate in the Rental Rate
Blue Book plus the labor costs as provided in Item a. above. The rental cost
allowed for equipment will, in all cases, be understood to cover all fuel,
supplies, repairs, ownership, and incidental costs and no further allowances will
be made for those items, unless specific agreement to that effect is made. For
Contractor owned equipment, the rental rate shall be as listed for such
equipment in the California Department of Transportation publication entitled
"Labor Surcharge and Equipment Rental Rates", which is in effect on the date
the work is accomplished. When equipment is not listed in said publication, a
suitable rental rate for such equipment will be established by the City Engineer.
Prior to the commencement of force account work, the Contractor shall notify
the City Engineer of its intent to begin work. Labor, equipment and materials
furnished on force account work shall be recorded daily by the Contractor upon
report sheets furnished by the City Engineer to the Contractor. The reports, if
found to be correct, shall be signed by both the Contractor and City Engineer,
or inspector, and a copy of which shall be furnished to the City Engineer no
later than the working day following the performance of said work. The daily
report sheet shall thereafter be considered the true record of force account
work provided.
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
General Conditions 1400-38
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.
9.0 PAYMENT
9.1 Scope of Payment
9.1.1 General - The Contractor shall accept the compensation, as herein
provided, as full payment for furnishing all labor, materials, tools,
equipment, and incidentals necessary for completing the Work according
to the Contract Documents, and no additional compensation will be
allowed therefore. 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.
General Conditions 1400-39
9.1.3 Payment of Taxes - The Contractor shall pay and shall assume
exclusive liability for all taxes levied or assessed on or in connection with
the Contractor's performance of this Contract, including, but not limited to,
State and local sales and use taxes, Federal and State payroll taxes or
assessments, and excise taxes, and no separate allowance will be made
therefor, and all costs in connection therewith shall be included in the total
amount of the Contract price.
9.1.4 Payment for Labor and Materials - The Contractor shall pay and
require its subcontractors to pay any and all accounts for labor including
worker's compensation premiums, state unemployment and federal social
security payments and other wage and salary deductions required by law.
The Contractor also shall pay and cause its subcontractors to pay any and
all accounts for services, equipment, and materials used by the Contractor
and its subcontractors during the performance of work under this Contract.
Such accounts shall be paid as they become due and payable. If
requested by the City, the Contractor shall furnish proof of payment of
such accounts to the City.
9.2 Partial Payments
In consideration of the faithful performance of the work prosecuted in
accordance with the provisions of these Specifications and the Contract, the
City will pay the Contractor for all such work installed on the basis of
percentage completion.
Payments will be made by the City to the Contractor on estimates duly certified
and approved by the City Engineer, based on the value of equipment installed
and tested, labor and materials incorporated into said permanent work by the
Contractor during the preceding month. Payments will not be made for
temporary construction unless specifically provided for in the Contract
Documents.
Partial payments will be made monthly based on work accomplished as of a day
mutually agreed to by the City and the Contractor.
The Contractor shall submit his estimate of the work completed during the prior
month and the work completed to date in a format corresponding to the
accepted cost breakdown. The City Engineer shall review the submitted
estimate, and upon approval, the Contractor may submit a detailed invoice for
those amounts approved by the City Engineer.
If requested, the Contractor shall provide such additional data as may be
reasonably required to support the partial payment request. If the City
Engineer does not agree with the Contractor's estimate of amount earned, the
partial payment request will be returned for revision. The City Engineer will be
available to meet to discuss the partial payment request prior to its re-
submittal. When the Contractor's estimate of amount earned conforms with the
City Engineer's evaluation, the City Engineer will calculate the amount due the
Contractor, prepare the progress payment request for signature by the
Contractor, and submit the recommended progress payment request for the
City's approval and processing.
General Conditions 1400-40
Payment will be made by the City to the Contractor in accordance with City's
normal accounts payable procedures; the City shall retain amounts in
accordance with Paragraph 1400-9.4, Right to Withhold Amounts.
No such estimate or payment shall be required to be made, when in the
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 1400-7.5.2, 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
(760) 777-7045
2.0 CONSULTANTS
2.1 Design Engineer
Civil Engineer: Bridge Engineers:
Bradley J. Donais, P.E. Scott Onishuk, P.E. and Md Wahiduzzaman, P.E.
Heptagon Seven Consulting Bengal Engineering
8413 E. Baseline Road, Suite 106 360 S. Hope Avenue, Suite C-110
Mesa, AZ 85209 Santa Barbara, CA 93105
PHONE: (480) 757-0997 Phone: (805) 563-0788
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
The construction surveyor for this project will be provided by the City. The City will
furnish one (1) set of construction stakes for the following items of work, which may
include, but not be limited to:
1. Driveway Approach Centerline Removal and saw cut lines;
2. Temporary bypass centerline and grade;
3. Curb line and grade;
4. Retaining wall line and grade, top of footing and top of wall;
5. Perimeter wall line and grade, top of footing;
6. Storm drainpipe line and grade;
7. Water main line and grade;
8. Sewer main line and grade;
9. Catch basin centerline, invert and top of curb face;
10. Manhole centerline, invert and rim elevation;
11. Bridge construction; and
12. Slope protection line and grade at toe, angle point and top
Supplemental General Conditions 1500-2
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 $275.00 per hour (4-hour
minimum).
2.4 Environmental Stewardship
Contractor shall comply with all items within the “Mitigation Monitoring Plan” as shown
in Appendix D and with all items within the permits in Appendix C. This project will
have various monitors to ensure environmental compliance. The Contractor will be
required to coordinate with the monitors to allow them to conduct their work. The
monitors have the authority to redirect work away, or if the need arises halt work,
from certain areas in specific cases where birds, artifacts, or fossils are found. If
human remains or possible human remains are encountered, construction activities in
the immediate vicinity should be halted temporarily, and the Riverside County
Coroner’s Office should be notified immediately pursuant to state law.
The Contractor; however, is not responsible for hiring a professional archeologist or
biologist. The Contractor shall limit the grading operations to 5 acres or less of
disturbed area at any given time during the construction of the project. During all
excavation operations south of the storm water channel, the City will have a
full-time archaeological monitor on site to observe the ground disturbance
operations. In addition, the Contractor shall provide access to the site, during
ground disturbing operations to a tribal monitor provided by the Native
American group.
2.5 Quality Assurance
The City uses a Quality Assurance Program (QAP), included in the Appendix, to ensure
a material is produced to comply with the Contract. The Contractor may examine the
records and reports of tests the Agency performs if they are available at the job site.
The Contractor shall schedule work to allow time for QAP.
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 $6,000
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 1500-3
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 1500-4
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. Milestone Schedule
B. Traffic Control
C. Schedule
D. SWPPP
E. Concrete Mixes
F. Material Certifications
G. Asphalt Mix Design
H. Aggregate Base
I. Precast Concrete Structures
J. Block and Mortar
K. Slurry Seal
L. Raised Dome Tiles
M. Plants, Shrubs, Trees, Rocks, Gravel, etc. per Technical
Specifications
N. Irrigation Components
O. Bridge Falsework
P. Reinforcing Steel
Q. Metal Railing
R. CIDH Piling
S. Prestressing Details
T. Joint Seal Assembly
U. Aesthetics
V. Bridge Drainage System
W. Electrical Utility Supports
X. Column Guying
Y. Lighting
Z. 4 Scales
***END OF SECTION***
Federal Requirements for Federal-Aid Construction Projects 1550-1
SECTION 1550
FEDERAL REQUIREMENTS FOR FEDERAL-AID
CONSTRUCTION PROJECTS
1.0 FEMALE AND MINORITY GOALS
To comply with Section II, “Nondiscrimination,” or “Required Contract Provisions Federal –
Aid Construction Contracts,” the following are for female and minority utilization goals for
Federal-Aid construction contracts and subcontracts that exceed $10,000:
The nationwide goal for female utilization is 6.9 percent.
The goals for minority utilization [45 Fed Reg 65984 (10/31/1980)] are as follows:
Minority Utilization Goals
Economic Area Goal
(Percent)
174
Redding CA:
Non-SMSA (Standard Metropolitan Statistical Area) Counties:
CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama
6.8
175
Eureka, CA
Non-SMSA Counties:
CA Del Norte; CA Humboldt; CA Trinity
6.6
176
San Francisco-Oakland-San Jose, CA:
SMSA Counties:
7120 Salinas-Seaside-Monterey, CA
CA Monterey
7360 San Francisco-Oakland
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo
7400 San Jose, CA
CA Santa Clara, CA
7485 Santa Cruz, CA
CA Santa Cruz
7500 Santa Rosa
CA Sonoma
8720 Vallejo-Fairfield-Napa, CA
CA Napa; CA Solano
Non-SMSA Counties:
CA Lake; CA Mendocino; CA San Benito
28.9
25.6
19.6
14.9
9.1
17.1
23.2
177
Sacramento, CA:
SMSA Counties:
6920 Sacramento, CA
CA Placer; CA Sacramento; CA Yolo
Non-SMSA Counties
CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA
Sutter; CA Yuba
16.1
14.3
Federal Requirements for Federal-Aid Construction Projects 1550-2
For the last full week of July, during which work is performed under the contract,
the Contractor and each non-material-supplier subcontractor with a subcontract
with a subcontract of $10,000 or more must complete Form FHWA PR-1391
(Appendix C to 23 CFR 230). Forms are to be submitted by August 8.
2.0 FEDERAL TRAINEE PROGRAM
For the Federal training program, the number of trainees or apprentices is
seventeen (17):
This section applies if a number of trainees or apprentices is specified in the
special provisions.
178
Stockton-Modesto, CA:
SMSA Counties:
5170 Modesto, CA
CA Stanislaus
8120 Stockton, CA
CA San Joaquin
Non-SMSA Counties
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne
12.3
24.3
19.8
179
Fresno-Bakersfield, CA
SMSA Counties:
0680 Bakersfield, CA
CA Kern
2840 Fresno, CA
CA Fresno
Non-SMSA Counties:
CA Kings; CA Madera; CA Tulare
19.1
26.1
23.6
180
Los Angeles, CA:
SMSA Counties:
0360 Anaheim-Santa Ana-Garden Grove, CA
CA Orange
4480 Los Angeles-Long Beach, CA
CA Los Angeles
6000 Oxnard-Simi Valley-Ventura, CA
CA Ventura
6780 Riverside-San Bernardino-Ontario, CA
CA Riverside; CA San Bernardino
7480 Santa Barbara-Santa Maria-Lompoc, CA
CA Santa Barbara
Non-SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo
11.9
28.3
21.5
19.0
19.7
24.6
181
San Diego, CA:
SMSA Counties
7320 San Diego, CA
CA San Diego
Non-SMSA Counties
CA Imperial
16.9
18.2
Federal Requirements for Federal-Aid Construction Projects 1550-3
As part of the equal opportunity affirmative action program, the Contractor shall
provide on-the-job training to develop full journeymen in the types of trades or
job classifications involved.
The Contractor shall have primary responsibility for meeting this training
requirement.
If the Contractor subcontracts a contract part, the Contractor shall determine
how many trainees or apprentices are to be trained by the subcontractor. These
training requirements shall be included in the subcontract.
Where feasible, 25 percent of the apprentices or trainees in each occupation
must be in their first year of apprenticeship or training.
The Contractor shall distribute the number of apprentices or trainees among the
work classifications on the basis of needs and availability of journeymen in the
various classifications within a reasonable recruitment area.
The Contractor shall submit to the City of La Quinta:
1. Number of apprentices or trainees to be trained for each classification
2. Training program to be used
3. Training starting date for each classification
The Contractor shall obtain the City of La Quinta’s approval for this submitted
information prior to starting work. The City of La Quinta shall credit the
Contractor for each apprentice or trainee employed on the work who is currently
enrolled in or becomes enrolled in an approved program.
The primary objective of this section is to train and upgrade minorities and
women toward journeymen status. The Contractor shall make every effort to
enroll minority and women apprentices or trainees, such as conducting
systematic and direct recruitment through public and private sources likely to
yield minority and women apprentices or trainees, to the extent they are
available within a reasonable recruitment area. The Contractor shall show that
these efforts have been made. In making these efforts, the Contractor shall not
discriminate against any applicant for training.
The Contractor shall not employ as an apprentice or trainee an employee:
1. In any classification in which the employee has successfully completed
a training course leading to journeyman status or in which the
employee has been employed as a journeyman
Federal Requirements for Federal-Aid Construction Projects 1550-4
2. Who is not registered in a program approved by the U.S. Department
of Labor, Bureau of Apprenticeship and Training
The Contractor shall ask the employee if the employee has successfully
completed a training course leading to journeyman status or has been employed
as a journeyman. The Contractor’s records must show the employee’s answers
to the questions.
In the training program, the Contractor must establish the minimum length and
training type for each classification. The City of La Quinta and FHWA approves a
program if one of the following is met:
1. It is calculated to:
• Meet the equal employment opportunity responsibilities
• Qualify the average apprentice or trainee for journeyman status in
the classification involved by the end of the training period
2. It is registered with the U.S. Department of Labor, Bureau of
Apprenticeship and Training, and it is administered in a way consistent
with the equal employment responsibilities of Federal-Aid highway
construction contracts
The Contractor shall obtain the State’s approval for the training program prior to
starting work involving the classification(s) covered by the program.
The Contractor shall provide training in the construction crafts, not in clerk-
typist or secretarial-type positions. Training is allowed in lower level
management positions such as office engineers, estimators, and timekeepers if
the training is oriented toward construction applications. Training is allowed in
the laborer classification if significant and meaningful training is provided and
approved by the division office. Off-site training is allowed if the training is an
integral part of an approved training program and does not make up a
significant part of the overall training.
The City of La Quinta shall reimburse the Contractor 80 cents per hour of
training given an employee on this contract under an approved training
program:
1. For on-site training
2. For off-site training if the apprentice or trainee is currently employed on a
Federal-Aid project and the Contractor does at least one of the following:
• Contribute to the cost of training
• Provide the instruction to the apprentice or trainee
• Pay the apprentice’s or trainee’s wages during the off-site training
period
Federal Requirements for Federal-Aid Construction Projects 1550-5
3. If the Contractor complies with this section
Each apprentice or trainee must:
1. Begin training on the project as soon as feasible after the start of work
involving the apprentice’s or trainee’s skills
2. Remain on the project as long as training opportunities exist in the
apprentice’s or trainee’s work classification or until the apprentice or
trainee has completed the training program
The Contractor shall furnish the apprentice or trainee with a copy of the program
that the Contractor will comply with in providing the training.
3.0 DISADVANTAGED BUSINESS ENTERPRISES (DBE)
A. Nondiscrimination Statement
The contractor, subrecipient or subcontractor will never exclude any person from
participation in, deny any person the benefits of, or otherwise discriminate against
anyone in connection with the award and performance of any contract covered by
49 CFR 26 on the basis of race, color, sex, or national origin. In administering the
Local Agency components of the DBE Program Plan, the contractor, subrecipient or
subcontractor will not, directly, or through contractual or other arrangements, use
criteria or methods of administration that have the effect of defeating or
substantially impairing accomplishment of the objectives of the DBE Program Plan
with respect to individuals of a particular race, color, sex, or national origin.
B. Contract Assurance
Under 49 CFR 26.13(b):
The contractor, subrecipient or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The
contractor shall carry out applicable requirements of 49 CFR 26 in the award and
administration of federal-aid contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the
termination of this contract or such other remedy as the recipient deems
appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible.
Federal Requirements for Federal-Aid Construction Projects 1550-6
C. Prompt Progress Payment
The prime contractor or subcontractor shall pay to any subcontractor, not later than
seven days after receipt of each progress payment, unless otherwise agreed to in
writing, the respective amounts allowed the contractor on account of the work
performed by the subcontractors, to the extent of each subcontractor’s interest
therein. In the event that there is a good faith dispute over all or any portion of the
amount due on a progress payment from the prime contractor or subcontractor to a
subcontractor, the prime contractor or subcontractor may withhold no more than
150 percent of the disputed amount. Any violation of this requirement shall
constitute a cause for disciplinary action and shall subject the licensee to a penalty,
payable to the subcontractor, of 2 percent of the amount due per month for every
month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party
shall be entitled to his or her attorney’s fees and costs. The sanctions authorized
under this requirement shall be separate from, and in addition to, all other
remedies, either civil, administrative, or criminal. This clause applies to both DBE
and non-DBE subcontractors.
D. Prompt Payment of Withheld Funds to Subcontractors
The Agency shall hold retainage from the prime contractor and shall make prompt
and regular incremental acceptances of portions, as determined by the Agency of
the contract work and pay retainage to the prime contractor based on these
acceptances. The prime contractor or subcontractor shall return all monies withheld
in retention from all subcontractors within seven (7) days after receiving payment
for work satisfactorily completed and accepted including incremental acceptances of
portions of the contract work by the Agency. Any delay or postponement of
payment may take place only for good cause and with the Agency’s prior written
approval. Any violation of these provisions shall subject the violating prime
contractor or subcontractor to the penalties, sanctions, and other remedies
specified in Section 7108.5 of the California Business and Professions Code and
Section 10262 of the California Public Contract Code. This requirement shall not be
construed to limit or impair any contractual, administrative or judicial remedies
otherwise available to the contractor or subcontractor in the event of a dispute
involving late payment or nonpayment by the contractor; deficient subcontractor
performance and/or noncompliance by a subcontractor. This clause applies to both
DBE and non-DBE subcontractors.
E. Termination and Substitution of DBE Subcontractors
The prime contractor shall utilize the specific DBEs listed to perform the work and
supply the materials for which each is listed unless the contractor obtains the
Agency’s written consent. The prime contractor shall not terminate or substitute a
listed DBE for convenience and perform the work with their own forces or obtain
materials from other sources without prior written authorization from the Agency.
Unless the Agency’s prior written consent is provided, the contractor shall not be
Federal Requirements for Federal-Aid Construction Projects 1550-7
entitled to any payment for work or material unless it is performed or supplied by
the listed DBE on the Exhibit 15-G Construction Contract DBE Commitment form,
included in the Bid.
The Agency authorizes a request to use other forces or sources of materials if the
bidder shows any of the following justifications:
1. Listed DBE fails or refuses to execute a written contract based on plans and
specifications for the project.
2. The Local Agency stipulated that a bond is a condition of executing the
subcontract and the listed DBE fails to meet the Local Agency’s bond
requirements.
3. Work requires a contractor's license and listed DBE does not have a valid
license under Contractors License Law.
4. Listed DBE fails or refuses to perform the work or furnish the listed materials
(failing or refusing to perform is not an allowable reason to remove a DBE if
the failure or refusal is a result of bad faith or discrimination).
5. Listed DBE's work is unsatisfactory and not in compliance with the contract.
6. Listed DBE is ineligible to work on the project because of suspension or
debarment.
7. Listed DBE becomes bankrupt or insolvent.
8. Listed DBE voluntarily withdraws with written notice from the Contract
9. Listed DBE is ineligible to receive credit for the type of work required.
10.Listed DBE owner dies or becomes disabled resulting in the inability to
perform the work on the Contract.
11.The Agency determines other documented good cause.
The prime contractor shall notify the original DBE of the intent to use other forces
or material sources and provide the reasons, allowing the DBE 5 days to respond to
the notice and advise the prime contractor and the Agency of the reasons why the
use of other forces or sources of materials should not occur.
The prime contractor’s request to use other forces or material sources must
include:
1. One or more of the reasons listed in the preceding paragraph.
2. Notices from the prime contractor to the DBE regarding the request.
3. Notices from the DBEs to the prime contractor regarding the request.
If the Agency authorizes the termination or substitution of a listed DBE, the prime
contractor must make good faith efforts to find another DBE to substitute for the
original DBE. The substitute DBE must (1) perform at least the same amount of
work as the original DBE under the contract to the extent needed to meet or exceed
the DBE goal, and (2) be certified as a DBE with the most specific available NAICS
codes and work codes applicable to the type of work the DBE will perform on the
contract at the time of the prime contractor’s request for substitution. The prime
contractor shall submit their documentation of good faith efforts within 7 days of
their request for authorization of the substitution. The Agency may authorize a 7-
Federal Requirements for Federal-Aid Construction Projects 1550-8
day extension of this submittal period at the prime contractor’s request. More
guidance can be found at 49 CFR 26 app A regarding evaluation of good faith
efforts to meet the DBE goal.
f. Commitment and Utilization
The prime contractor shall use each DBE subcontractor as listed on Exhibit 12-B
Bidder’s List of Subcontractors (DBE and Non-DBE), and Exhibit 15-G Construction
Contract DBE Commitment form unless they receive authorization for a
substitution.
The Agency shall request the prime contractor to:
1. Notify the Resident Engineer or Inspector of any changes to its anticipated
DBE participation
2. Provide this notification before starting the affected work
3. Maintain records including:
• Name and business address of each 1st-tier subcontractor
• Name and business address of each DBE subcontractor, DBE vendor, and
DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F
Monthly Disadvantaged Business Enterprise Payment)
If the prime contractor is a DBE contractor, they shall include the date of work
performed by their own forces and the corresponding value of the work.
Before the 15th of each month, the prime contractor shall submit a Monthly DBE
Trucking Verification (LAPM Exhibit 16-Z1) form.
If a DBE is decertified before completing its work, the DBE must notify the prime
contractor in writing of the decertification date. If a business becomes a certified
DBE before completing its work, the business must notify the prime contractor in
writing of the certification date. The prime contractor shall submit the notifications.
Upon work completion, the prime contractor shall complete a Disadvantaged
Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form and
submit the form within 30 days of contract acceptance.
Upon work completion, the prime contractor shall complete Exhibit 17-F Final
Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier
Subcontractors and submit it within 90 days of contract acceptance. The City will
withhold $10,000 until the form is submitted. The Agency releases the
withhold upon submission of the completed form.
The Exhibit 17-O and 17-F form as described above are include in Appendix F of
these specifications for reference.
Federal Requirements for Federal-Aid Construction Projects 1550-9
G. DBE RUNNING TALLY OF ATTAINMENTS
After submitting an invoice for reimbursement that includes a payment to a DBE,
but no later than the 10th of the following month, the prime contractor/consultant
shall complete and email the Exhibit 9-F: Disadvantaged Business Enterprise
Running Tally of Payments to business.support.unit@dot.ca.gov with a copy to the
Agency.
4.0 QUALITY ASSURANCE
The City uses a Quality Assurance Program (QAP) to ensure a material is produced
to comply with the Contract. QAP is included as Attachment G of these
Specifications.
The Contractor may examine the records and reports of tests the City performs if
they are available at the job site.
Work shall be scheduled accordingly to allow time for QAP.
5.0 TITLE VI ASSURANCES
APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees
and successors in interest (hereinafter collectively referred to as CONTRACTOR)
agrees as follows:
(1) Compliance with Regulations: CONTRACTOR shall comply with the
regulations relative to nondiscrimination in federally assisted programs of the
Department of Transportation, Title 49, Code of Federal Regulations, Part 21,
as they may be amended from time to time, (hereinafter referred to as the
REGULATIONS), which are herein incorporated by reference and made a part
of this agreement.
(2) Nondiscrimination: CONTRACTOR, with regard to the work performed by it
during the AGREEMENT, shall not discriminate on the grounds of race, color,
sex, national origin, religion, age, or disability in the selection and retention
of sub-applicants, including procurements of materials and leases of
equipment. CONTRACTOR shall not participate either directly or indirectly in
the discrimination prohibited by Section 21.5 of the Regulations, including
employment practices when the agreement covers a program set forth in
Appendix B of the Regulations.
(3) Solicitations for Sub-agreements, Including Procurements of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation
made by CONTRACTOR for work to be performed under a Sub-agreement,
including procurements of materials or leases of equipment, each potential
sub-applicant or supplier shall be notified by CONTRACTOR of the
Federal Requirements for Federal-Aid Construction Projects 1550-10
CONTRACTOR’S obligations under this Agreement and the Regulations
relative to nondiscrimination on the grounds of race, color, or national origin.
(4) Information and Reports: CONTRACTOR shall provide all information and
reports required by the Regulations, or directives issued pursuant thereto,
and shall permit access to its books, records, accounts, other sources of
information, and its facilities as may be determined by the California
Department of Transportation or FHWA to be pertinent to ascertain
compliance with such Regulations or directives. Where any information
required of CONTRACTOR is in the exclusive possession of another who fails
or refuses to furnish this information, CONTRACTOR shall so certify to the
California Department of Transportation or the FHWA as appropriate, and
shall set forth what efforts CONTRACTOR has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance
with the nondiscrimination provisions of this agreement, the California
Department of Transportation shall impose such agreement sanctions as it or
the FHWA may determine to be appropriate, including, but not limited to:
(a) withholding of payments to CONTRACTOR under the Agreement within a
reasonable period of time, not to exceed 90 days; and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in
part.
(6) Incorporation of Provisions: CONTRACTOR shall include the provisions of
paragraphs (1) through (6) in every sub-agreement, including procurements
of materials and leases of equipment, unless exempt by the Regulations, or
directives issued pursuant thereto.
CONTRACTOR shall take such action with respect to any sub-agreement or
procurement as the California Department of Transportation or FHWA may direct as
a means of enforcing such provisions including sanctions for noncompliance,
provided, however, that, in the event CONTRACTOR becomes involved in, or is
threatened with, litigation with a sub-applicant or supplier as a result of such
direction, CONTRACTOR may request the California Department of Transportation
enter into such litigation to protect the interests of the State, and, in addition,
CONTRACTOR may request the United States to enter into such litigation to protect
the interests of the United States.
APPENDIX E
During the performance of this contract, the CONTRACTOR, for itself, its assignees,
and successors in interest (hereinafter referred to as the "CONTRACTOR") agrees to
comply with the following non-discrimination statutes and authorities; including but
not limited to:
Pertinent Non-Discrimination Authorities:
Federal Requirements for Federal-Aid Construction Projects 1550-11
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat.
252), (prohibits discrimination on the basis of race, color, national origin);
and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced
or whose property has been acquired because of Federal or Federal-aid
programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits
discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as
amended, (prohibits discrimination on the basis of disability); and 49 CFR
Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 4 71, Section 4
7123), as amended, (prohibits discrimination based on race, creed, color,
national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the
scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,
The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act
of 1973, by expanding the definition of the terms "programs or activities" to
include all of the programs or activities of the Federal-aid recipients, sub-
recipients and contractors, whether such programs or activities are Federally
funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit
discrimination on the basis of disability in the operation of public entities,
public and private transportation systems, places of public accommodation,
and certain testing entities (42 U.S.C. §§12131-12189) as implemented by
Department of Transportation regulations at 49 C.P.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §
47123) (prohibits discrimination on the basis of race, color, national origin,
and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations, which ensures
discrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human
health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with
Limited English Proficiency, and resulting agency guidance, national origin
discrimination includes discrimination because of limited English proficiency
(LEP). To ensure compliance with Title VI, you must take reasonable steps to
-ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
Federal Requirements for Federal-Aid Construction Projects 1550-12
• Title IX of the Education Amendments of 1972, as amended, which prohibits
you from discriminating because of sex in education programs or activities
(20 U.S.C. 1681 et seq).
6.0 BUY AMERICA
The Contractor shall furnish steel and iron materials to be incorporated into the
work with certificates of compliance and certified mill test reports. Mill test reports
must indicate where the steel and iron were melted and manufactured. Steel and
iron materials must be produced in the U.S. except:
1. Foreign pig iron and processed, pelletized, and reduced iron ore may be
used in the domestic production of the steel and iron materials [60 Fed
Reg 15478 (03/24/1995)];
2. If the total combined cost of the materials does not exceed the greater
of 0.1 percent of the total bid or $2,500, materials produced outside the
United States may be used.
Production includes:
1. Processing steel and iron materials, including smelting or other
processes that alter the physical form or shape (such as rolling,
extruding, machining, bending, grinding, and drilling) or chemical
composition;
2. Coating application, including epoxy coating, galvanizing, and painting,
that protects or enhances the value of steel and iron materials.
7.0 USE OF UNITED STATES – FLAG VESSELS
The CONTRACTOR agrees –
1. To utilize privately owned United States – flag commercial vessels to
ship at least 50 percent of the gross tonnage (computed separately for
dry bulk carries, dry cargo liners, and tankers) involved, whenever
shipping any equipment, material, or commodities pursuant to this
contract, to the extent such vessels are available at fair and reasonable
rates for United States-flag commercial vessels.
2. To furnish within 20 days following the date of loading for shipments
originating within the United States or within 30 working days following
the date of loading for shipments originating outside the United States,
a legible copy of a rated “on-board” commercial ocean bill-of-landing in
English for each shipment of cargo described in paragraph (1) of this
section to both the Contracting Officer (through the prime contractor in
the case of subcontractor bills-of-lading) and to the Division of National
Federal Requirements for Federal-Aid Construction Projects 1550-13
Cargo, Office of Market Development, Maritime Administration,
Washington, D.C. 20590.
3. To insert the substance of the provisions of this clause in all
subcontracts issued pursuant to this contract.
8.0 Prohibition of Certain Telecommunications and Video Surveillance
Equipment and Services
In response to significant national security concerns, the agency shall check the
prohibited vendor list before making any telecommunications and video surveillance
purchase because recipients and subrecipients of federal funds are prohibited from
obligating or expending loan or grant funds to:
• Procure or obtain;
• Extend or renew a contract to procure or obtain; or
• Enter into a contract (or extend or renew a contract) to procure or obtain
equipment, services, or systems that uses covered telecommunications
equipment or services as a substantial or essential component of any system,
or as critical technology as part of any system.
The prohibited vendors (and their subsidiaries or affiliates) are:
• Huawei Technologies Company;
• ZTE Corporation;
• Hytera Communications Corporation;
• Hangzhou Hikvision Digital Technology Company;
• Dahua Technology Company; and
• Subsidiaries or affiliates of the above-mentioned companies.
In implementing the prohibition, the agency administering loan, grant, or subsidy
programs shall prioritize available funding and technical support to assist affected
businesses, institutions and organizations as is reasonably necessary for those
affected entities to transition from covered communications equipment and
services, to procure replacement equipment and services, and to ensure that
communications service to users and customers is sustained.
***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, 2018, 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, 2018, 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:
https://dot.ca.gov/programs/design/ccs-standard-plans-and-standard-specifications
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.
General Project Requirements 2000-2
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:
https://dot.ca.gov/programs/safety-programs/camutcd
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:
https://www.dgs.ca.gov/BSC/Codes
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:
https://www.dgs.ca.gov/BSC/Codes
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.
3.2 Agenda
The City Engineer will prepare an agenda for discussion of significant items relative to
contract requirements, procedures, coordination and construction.
General Project Requirements 2000-3
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 A milestone schedule shall be submitted concurrently with the execution of the
Contract in Section 1300. Contractor shall pay to City $500.00 liquidated damages per
calendar day that the Milestone Schedule is not provided.
4.2.2 The Contractor shall submit the milestone schedule based on major orders of
work and how they relate to traffic control and lane closures. The schedule shall be
time scaled and shall be drafted to show a continuous flow from left to right. The
milestone schedule shall clearly show the sequence of construction operations and
specifically list:
a. The anticipated schedule starting 15 days after the Notice of Award.
b. The start and completion dates of all major phases of work.
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 starting construction.
e. The major impacts to traffic flow.
4.2.3 The detailed construction 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.
4.2.3.1 The Contractor shall submit the detailed construction 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.
General Project Requirements 2000-4
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.
4.2.3.2 Any activity that cannot be completed by its original completion date shall
be considered to be "behind schedule."4.2.2.3 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.
4.2.3.3 All change orders, regardless of origin, shall be reflected in the schedule..
4.2.4 The Contractor shall incorporate into the schedule time for Imperial Irrigation
District, Frontier and Spectrum Communications to relocate their respective facilities as
noted in the plans. Following the installation and acceptance of the conduit and
structures, the Contractor allow up to a total of thirty (30) business days for all utility
cabling, cutovers and removal of existing structures.
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
General Project Requirements 2000-5
partial payments to the Contractor, and shall list the major items of work with a price
fairly apportioned to each item. Mobilization, overhead, bond, insurance, other general
costs and profit shall be prorated to each item so that the total of the prices for all
items equal the lump sum price. At the discretion of the City Engineer, mobilization,
bond and insurance costs may be provided for separately if accompanied by invoices to
verify actual expenses.
The price breakdown will be subject to the approval of the City Engineer, and upon
request, the Contractor shall substantiate the price for any or all items and provide
additional level of detail, including quantities of work. The price breakdown shall be
sufficiently detailed to permit its use by the City Engineer as one of the bases for
evaluating requests for payments. The City Engineer shall be the sole judge of the
adequacy of the price breakdown.
5.0 SPECIAL CONTROLS
The Contractor shall take all reasonable means to minimize inconvenience and injury to
the public by dust, noise, diversion of storm water, or other operations under its
control.
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.
General Project Requirements 2000-6
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.
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.
Furthermore, the Contractor shall also be responsible to maintain proper drainage
within the stormwater channel during the course of construction of the project. The
Contractor shall divert storm water away from construction areas to the extent
possible. The Contractor shall not be allowed to store equipment or materials in the
bottom of the channel at any time, unless it is being utilized for active operations.
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. Upon Contractor request, the City does have vacant land adjacent to the
project which may be used by the Contractor as a staging, stockpile, parking area and
equipment storage area.
General Project Requirements 2000-7
At the conclusion of each working day, to the extent possible, the Contractor shall
remove all unused materials, equipment and tools from the channel area. In addition,
the Contractor shall ensure all materials, equipment and tools are removed from the
channel when the local weather anticipates rain events within the Coachella Valley.
Any penalties or fines as a result of materials, equipment or tools left in the channel
will be the responsibility of the Contractor.
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.
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 nearly 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
Existing utilities are shown to the furthest extent 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.
General Project Requirements 2000-8
7.2 Notification and Location
At least two (2) working days before performing any excavation work, the Contractor
shall request the utility owners to mark or otherwise indicate the location of their
service.
It shall be the Contractor's responsibility to determine the exact location and depth of
all utilities, including service connections, which have been marked by the respective
owners and which he believes may affect or be affected by his operations. If no pay
item is provided in the Contract for this work, full compensation for such work shall be
considered as included in the prices bid for other items of work.
The Contractor shall notify the following agencies at least 48 hours in advance of
excavating around any of their structures. The following utility companies provide
service to the La Quinta area and can be contacted via the USA telephone number or
the number list below.
1. 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
During the progress of the work under this Contract, the utility owner will relocate a
utility shown in the following table within the corresponding number of days shown.
Notify the Engineer before construction activities commence within the
approximate location of a utility shown. The days start on the notification date.
Installation of the utilities shown in the following table does not require coordination
with proposed construction activities and can be completed independent and/or in
advance of the Contractor’s operations.
Utility Relocations Independent Upon Contractor Activities
Utility Location Utility Activity Days
Stage 1 Construction
Coachella
Valley Water
District,
Water
North and south of
channel at the point
of connections for
the relocated water
main.
Placement of wye
and two values at
each point of
connection
location.
10
General Project Requirements 2000-9
Installation of the utilities shown in the following table requires coordination with
proposed construction activities. Make the necessary arrangements with the utility
company through the Engineer and submit a schedule with the following taken into
consideration:
1. Verified by a representative of the utility company
2. Allowing at least the time shown for the utility owner to complete its work
Utility Relocations Dependent Upon Contractor Activities
Utility Location Utility Activity
Preceding
Contractor
Activity
Days
Stage 1 Construction
Imperial
Irrigation
District (Power)
East side of Dune
Palms, full length
of project.
Placement of the
interim electrical
distribution shoo
fly.
Clearing, grubbing
and removal of
structures along
east side of road.
10
Imperial
Irrigation
District (Power)
Underground
conduit along
east side of Dune
Palms from
northern limits
up to ~Station
24+50.00.
Pull conductors,
place equipment,
cut over and
energize.
Placement of
conduit within the
roadway section
and conduit and
supports within
the bridge per the
plans.
10
Coachella Valley
Water District,
Water
East side, north
end of project.
Relocate water
meters, three.
Clearing, grubbing
and removal of
structures along
east side of road.
3
Spectrum East side of Dune
Palms Road
Relocate
underground
facilities to new
parkway up to
~Station
24+50.0
Clearing, grubbing
and removal of
structures along
east side of road.
10
Frontier
Communications
West side of
Dune Palms
Road, north and
south of bridge.
Relocate manhole
north side of
channel, and
conduit
placement to
bridge, north side
& reconstruct
manhole to grade
and conduit
placement to
bridge south
side.
Removals and
rough grading of
roadway section
10
General Project Requirements 2000-10
Imperial
Irrigation
District (Power)
Underground
conduit from east
to west side of
Dune Palms
starting north of
the channel,
through the
bridge to the
southern point of
connection.
Pull conductors,
place equipment,
cut over and
energize.
Placement of
conduit within the
roadway section
and conduit and
supports within
the bridge per the
plans.
30
Imperial
Irrigation
District (Power)
West portion of
the full length of
the bridge.
Pull conductors,
cut over and
energize.
Completion of the
bottom of the
bridge soffit.
20
Stage 2 Construction
Imperial
Irrigation
District (Power)
East side of Dune
Palms Road
Removal of
interim shoo fly.
Completion of the
Stage 1 work and
western IID
conduit system
energized.
5
Spectrum East side of Dune
Palms Road
Extend
underground
facilities from
station ~24+50.0
to bridge &
connect to
provided conduit
stubs.
Rough grading of
roadway approach
and placement of
conduit stubs from
sidewalk area
within the bridge.
10
The utilities shown in the following table may interfere with pile driving, drilling
activities, or subsurface construction, but the utility owner will not rearrange them.
If the Contractor wishes any of them rearranged or temporarily deactivated, the
Contractor shall make arrangements with the utility owner.
Utilities Not Rearranged for Pile Driving, Drilling Activities, or Subsurface
Construction
Utility Location
Imperial Irrigation District, Interim
Electrical Shoo Fly
West side of Dune Palms, during Stage 1
Construction only
Coachella Valley Water District, 54”
Reclaimed Water Between northern pier & north abutment
Coachella Valley Water District, 12”
VCP Sewer Main South of southern abutment
Coachella Valley Water District, 18”
PVC Sewer Main
North of northern abutment (Relocated
with project)
Coachella Valley Water District, 18”
DIP Water Main
Northeast of northern abutment
(Relocated with project)
General Project Requirements 2000-11
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.
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.
General Project Requirements 2000-12
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. 2011-05, Federal Project No. BRNBIL (537),
Dune Palms Road Bridge Improvements.
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 purpose of the project is to replace the existing low water crossing spanning
the Coachella Valley Storm Water Channel (CVSC) at Dune Palms Road with a
bridge crossing. The proposed work includes the roadway approach
reconstruction to meet the proposed bridge structure elevation; street widening;
construction of curb, curb/gutter, sidewalk, trail, retaining walls, median paving,
driveway approaches, concrete slope protection and 6-foot tall garden wall;
asphalt pavement with aggregate base; bridge construction; crack sealing and
slurry sealing of roadway within construction limits; construction of a catch
basins and drywells along with 18” and 24” HDPE N-12 pipe; signing and
striping; landscaping and irrigation; and undergrounding of existing overhead
utility poles. Project will also require the construction and removal of a bypass
road, along with CVWD water main and sanitary sewer relocations. The sewer
relocations will require the Contractor to prepare and implement a sewer bypass
plan, which will need to be approved by CVWD. Contractor will also be required
to demolish two mobile homes along with the single-family home as noted in the
plans, includes the clearing of each housing pad and disconnecting all utilities
connections to the structures. 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. 2011-05,
Federal Project No. BRNBIL (537), Dune Palms Road Bridge
Improvements.” The plan set consists of a total of 84 sheets, 35 City Civil,
26 City Bridge, 11 City Landscaping, 4 CVWD Sanitary Sewer, 2 CVWD
Water, 5 IID conduit and 1 IID Shoo Fly plan sheets.
Special Provisions 3000-2
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.
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.
Special Provisions 3000-3
1.6 Time Allowed for Construction
In accordance with the provisions of Paragraph 1400-6.2, Time of Completion,
this project shall be completed within 475 working days from the date
specified in the Notice to Proceed. The 475 working days is inclusive of the
working days noted in Section 2000-7.4, Utility Relocation and
Rearrangement, required for the utilities to cable, cut-over and remove
structures.
The Contractor shall, to the extent possible, provide full access into and out of
Corporate Centre Drive for the duration of Stage 1 construction. The City will
allow a full closure of this access point for a period no longer than 30 calendar
days. The Contractor shall provide to the City a thirty five (35) day notice of
closure of this access.
Within the initial 60 calendar days of initiating Stage 2 construction activities,
the Contractor shall have a second access point into and out of the mobile home
park open for use.
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.
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 bidders 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.
Special Provisions 3000-4
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. See
Section 2000, subsection 5.7 for additional information on storage area.
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.”
Special Provisions 3000-5
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.
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.
Special Provisions 3000-6
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, unless otherwise noted on the plans. At
no time shall the Contractor be allowed to reduce the traveled way
to one-way vehicular traffic. A construction staging plan has been
provided in the plans. This plan should be used a guide in
preparation of project bids and should NOT be considered an all-
encompassing/final staging plan. The Contractor will be required
to prepare and provide a detail construction staging / traffic
control plan for each phase of the project, in conformance with the
staging plans provided in the construction plans
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 3000-7
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 3000-8
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.
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.
Special Provisions 3000-9
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.
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,
including but not limited to CVWD. 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.
Special Provisions 3000-10
The Contractor will be required to be a co-permittee on the CVWD Construction
Encroachment Permit attached to the Appendix of this document. The
Contractor will be responsible for payment of CVWD application fee for the
construction permit through CVWD. The Contractor will also be responsible for
all provisions included within the permit through the course of construction.
Prior to commencing work, the Contractor will be required to supply CVWD with
completed Insurance Forms 783a, 783b and 783c included in Appendix G of this
document and attend a separate Pre-Construction Meeting with CVWD
Inspection Staff. The Contactor shall coordinate with CVWD on the meeting
date for the CVWD Pre-Construction Meeting.
Also attached to the Appendix of this document, are the Section 404 Corps of
Engineers, Section 401 Water Quality and 1602 California Department of Fish
and Wildlife Permits. The Contractor, per the Mitigation and Monitoring Plan,
also attached, shall conform to the requirements of each of these permits.
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.
Seven calendar 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 vice versa, are executed as if specifically
mentioned in both.
2.0 MOBILIZATION (Bid Item #1)
Mobilization shall conform to the provisions in Section 9-3.4, “Mobilization” of
the Standard Specifications. Mobilization includes expenditures for all
preparatory work and operations, including but not limited to, those costs
necessary for the movement of personnel, equipment, supplies, and
incidentals 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 (LS) basis 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 BEST MANAGEMENT PRACTICES (Bid Item #2)
3.1 Dust Control
Dust Control shall comply with Section 3000-4.2.
Dust Control shall be paid for under Best Management Practices at the
contract Lump Sum (LS) Price as shown on the bid schedule. Monthly
payments will be made on a pro-rata basis, and shall include compensation
for furnishing all labor, materials, tools, and equipment for doing all work
involved in controlling dust generation from the site, and no additional
compensation will be allowed therefore.
Technical Specifications 4000-2
3.2 Storm Water Pollution Prevention Plan (SWPPP)
Storm Water Pollution Prevention Plan (SWPPP) shall conform to the
provisions in Section 3-12.6, “Water Pollution Control” and Section 3-12.6.3
“Storm Water Pollution Prevention Plan (SWPPP) of the Standard
Specifications, California Regional Water Quality Control Board Colorado River
Basin Region Discharge Requirements (Order No. R7-2008-0001, MPDES No.
CAS617002) and the City of La Quinta Standards, and these Special
Provisions.
The Contractor shall submit the SWPPP to the State via the S.M.A.R.T.S.
system. All revisions and amendments to the SWPPP shall be submitted to
the State.
SWPPP includes expenditures for the preparation of the SWPPP document,
implementation of project specific Best Management Practices (BMPs),
performing necessary inspections, and annual reports as required per the
State of California General Permit for Storm Water Discharges (Order No.
2009-0009-DWQ, NPDES No. CAS000002) and the City of La Quinta MS4
discharge permit.
See City of La Quinta web-page for more information on local standards:
https://www.laquintaca.gov/business/design-and-
development/development-services/wqmp-npdes-storm-drains-flood-
zone.
The use of water (if needed) shall conform to 3-12.6 of the Standard
Specifications.
Storm Water Pollution Prevention Plan (SWPPP) shall be paid for under Best
Management Practices at the contract Lump Sum (LS) Price as shown on
the bid schedule. Monthly payments will be made on a pro-rata basis, and
shall include compensation for preparing the SWPPP, furnishing all labor,
materials, tools, and equipment for doing all work involved in controlling
erosion on the site, and no additional compensation will be allowed therefore.
4.0 TRAFFIC CONTROL (Bid Item #3)
Traffic Control shall comply with Section 3000-4.1
Traffic Control shall be paid for at the contract lump sum (LS) basis as
shown on the Bid Schedule. Monthly payments will be made on a pro-rata
basis. No additional traffic control will be paid if the add alternate is
selected.
Technical Specifications 4000-3
5.0 CONSTRUCTION PROCEDURES AND COOPERATION
Construction Procedures and Cooperation shall conform to the provisions in
Section 1400-4.3 “Construction Procedures”, Section 1400-4.8.3
“Cooperation” and these Special Provisions:
Imperial Irrigation District, Frontier and Spectrum will require the Contractor
to provide an opportunity to install conduit, conduit supports and structures,
pull conductors and remove existing facilities within the project corridor. See
Section 2000-7.4, Utility Relocation and Rearrangement, for each utility
company/agency work activities associated with utility service relocations
within the Construction zone.
6.0 BEGINNING OF WORK
Beginning of Work shall conform to the provisions in Section 1400-6.1
“Beginning or Work”, and these Special Provisions:
The Contractor will need to prepare and submit to the City Engineer a SWPPP
document within five (5) workings days after receiving Notice to Proceed.
The City Engineer will review document within five (5) working days.
Contractor shall be ready to implement approved SWPPP measures prior to
mobilization. Requirements for preparation and implementation of the
SWPPP are attached to the Appendix of this document.
SWPPP shall be paid for under Best Management Practices at the contract
Lump Sum (LS) Price as shown on the bid schedule. Items in this scope
include permits, developing, preparing, obtaining approval of, revising and
amending the SWPPP, and installing, constructing, maintaining, removing
and disposing of BMPs as shown in the SWPPP, as specified in the Caltrans
Handbooks and Sample Contractor’s Water Quality SAPs, General Permit and
these Special Provisions, and as directed by the Engineer. No compensation
will be allowed for project general conditions and for dust abatement
requirements listed under this bid item.
7.0 CONTRACTORS RESPONSIBILITY FOR THE WORK AND MATERIALS
Contractors Responsibility for the Work and Materials shall conform to the
provisions in Section 1400-4.10 “Contractors Responsibility for the Work and
Materials” and these Special Provisions:
The Contractor shall be responsible for protecting all work and/or any
installed materials from storm flows and/or any man made water flows
conveyed within the Coachella Valley Storm Water Channel until the project
is accepted by the City Engineer. Manmade water flows may include water
flows generated from the local water purveyor’s facilities including the
Coachella Valley Water District (CVWD). This will include the construction
and removal of temporary water diversion berms to channel lesser
stormwater events away from all active construction areas within the
channel.
Technical Specifications 4000-4
8.0 RESIDENT ENGINEERS TRAILER & MONITORING CAMERA (Bid Items
#4 & 4A)
Construction Trailer
The Contractor shall furnish and maintain a Field Office for the exclusive use
of the Engineer and his staff in accordance with the following provisions. A
clean facility, suitable for the intended purpose, shall be provided by the
Contractor and shall be maintained in a clean, neat and sanitary fashion at all
times and shall be for the exclusive use of the Engineer and his staff. All
sanitary paper products required for the sanitary facility shall be supplied by
the Contractor and shall be included in the contract unit price bid.
The Field Office shall be a 500 square feet (minimum) office facility with
required utility hook up including 2 telephone lines, internet connection,
multi-line speaker phones and air conditioning. The facility will have 1
restroom and partitions creating 3 interior rooms. Contractor will pay
monthly rental fees and shall obtain all rights of entry necessary.
The Contractor shall be fully responsible to provide all utility hook-ups for the
Resident Engineers Office, including electrical power, potable water and
sewage disposal. The Contractor shall obtain all necessary permits and pay
all fees.
The Field Office shall be provided with a copy machine capable of
photocopying 11”X17” size paper for the exclusive use of the Engineer and
his staff for the entire duration of the project.
Contractor shall be aware that theft and vandalism at the job site may be a
problem. Contractor shall be responsible for the security of the Field Office.
If for any reason, the phone, copier, facsimile machine, any office furniture,
and/or sanitary facility is vandalized, stolen, or in need of repair, the
Contractor, upon receipt of written notice by Engineer, shall have a
maximum of five (5) working days to replace or repair the items to full
working order. If Contractor fails to comply with the five (5) working days
specified, the County may at its option withhold monthly progress payments
until Field Office is returned to full and complete working order.
Contractor shall meet with the Engineer prior to construction (and at any
other time circumstances warrant), and together, shall mutually agree to a
location for the Field Office.
The following shall be furnished and supplied by the Contractor for the
duration of the contract:
1. Supply office and sanitary facility.
2. Furnish office.
3. Service office.
Technical Specifications 4000-5
4. Supply utilities for office, including internet service for the duration of
the contract, including fees.
5. Service and maintain sanitary facility.
6. Copying machine (11”X17”).
7. Installation of 4 designated public parking spaces.
8. Installation of appropriate number of designated parking spaces for
the construction manager, inspectors, general Contractors, workers,
material supplies, subcontractors and other support personnel.
9. Installation of 1 large sized unit commercial trash bin with cover and
regularly scheduled pick up.
10. Remove office from job site at the completion of the project.
11. Security.
12. If office is located on private property, all property rental costs and
right of entry.
13. All labor, tools, equipment, materials, and incidentals necessary to
furnish facility complete and in place.
No monthly progress payments will be due to the Contractor until all
provisions and requirements of “Resident Engineers Office” are complete and
in place.
Payment for Resident Engineers Trailer shall be included in the Month bid
price as shown on the Bid Schedule. The compensation paid shall include full
compensation for furnishing all labor, materials, tools, and equipment for
doing all work involved, including set up, placement, maintaining, and
removing, and no additional compensation will be allowed therefore.
Construction Monitoring Camera
Construction Monitoring (Camera) shall conform to the provisions in Section
302-4.5, “Traffic Control” of the Standard Specifications. Construction
Monitoring (Camera) includes expenditures for all preparatory work and
operations of the construction monitoring system including but not limited to,
those costs necessary for securing the necessary temporary power supply,
installing the camera(s) (including appurtenances as needed), maintaining
the system throughout the project’s construction, moving the camera(s) for
each stage of work.
The Contractor shall provide a High Definition Robotic Streaming Video
Webcam for users to remotely control and view a live feed via a secure
connection via a network connection. The camera will provide a full view
of the work area on the construction site.
Contractor shall use one of the cameras below or an approved equal:
1 Earthcam ConstructionCAM HD Model
CONTACT SYSTEM VENDOR: EarthCam Inc. / Brian Cury +1
201.488.1111
WWW.EARTHCAM.NET/CONTACTUS
Technical Specifications 4000-6
2. TrueLook 12 megapixel HD Camera
CONTACT SYSTEM VENDOR: TrueLook, Inc. / 866.811.2321
WWW.TrueLook.com
The camera shall meet or exceed the following requirements:
• Consist of an outdoor thermostatically controlled environmentally
sealed enclosure
• User controlled window wiper
• Industrial grade solid state embedded Linux System
• Precise, Pan/Tilt robotic base designed to provide consistent imaging in
all environments
• Live video stream in H.264 format (or approved equal)
• HDTV 1080i 1920x1080, HDTV 720p 1280x720 resolution (or
approved equal)
• H.264, MPEG-4 Part 10/AVC, Motion JPEG video compression (or
approved equal)
• 30fps in all resolutions
• Auto-generated 360° panoramas
• High Definition Megapixel images (12 Megapixel or 1920 x 1080
pixels)
• Lens: F5.1 – 51mm, f/1.8 – 2.1, 10X Optical, 12X Digital
• Auto Features: Focus and Day/Night
• Communications: RJ-45 10BASE-T/100BASE-TX PoE (or approved
equal)
• On-Board Data Back-Up to provide a minimum of thirty days of on-
board image retention
• 120VAC, 220-230VAC or 12VDC power
• Designed for EarthCam Control Center (or approved equal)
Internet Based Online Interface: The camera will be accessible via an
internet. This online interface will be managed and supported by the
Contractor, System Vendor, or approved equal. The service will be available
for the term of the project and allow the viewing of live video and High
Definition digital still images captured and stored of the project via a secure
password protected website. The Internet Based Online Interface shall
include the following features:
• Display project name and logo
• Multiview Screen for viewing and accessing multiple cameras
• Real-time live video viewing
• User-controllable Robotic Pan, Tilt and Zoom
• User-controllable settings for creating and editing multiple preset
compositions
• Automatically generated daily panoramas
• Onscreen control button for wiper control to allow for remote cleaning
of the viewing window
• Picture in picture capability for viewing live video and High Definition
Megapixel images simultaneously
• Digital Pan, Tilt and Zoom capability within a High Definition image
Technical Specifications 4000-7
• Instant live snapshot capability in addition to preset scheduled
archives
• Calendar based navigation system for selecting specific images and
times
• Multifunction Image Browsing
• Time-lapse feature for instant time-lapse viewing and image playback
by day, week, month, or year
• Full Screen Mode for displaying video and complete image without any
graphical frame
• Graphical Markup Tools for detailing and creating notes with graphical
overlays on images
• Image Comparison Tool for comparing two images taken at different
times, overlayed on top of each other
• (optional) Share Image Tool for saving, printing, emailing, sending to
mobile devices and posting to Notes Section
• (optional) Notes Section for posting images with notes, uploading
photos, videos, and files directly from a desktop or mobile device
• (optional) Social Media Integration Tools for sharing project images
and notes on Facebook and Twitter
• (optional) Graphical Weather applet displaying local weather data with
satellite and updating radar imaging
• (optional) Integration of Google Maps, aerial and satellite imagery
• Data Management Tools showing archived and current system status
of solar amperage, battery power remaining, wireless radio
connectivity, and device location
Access to account protected by Account Security feature which includes four
levels of password protection, IP address block/permission and SSL
protection of user login password.
The system shall capture and upload images every 5 minutes, 24 hours per
day.
The system shall have M2M – Machine to Machine 24/7 Support with active
self-healing technology and automatic software upgrades to maintain the
quality, consistency and reliability of all images.
Images will be maintained on the System Vendor’s servers for reference
available at all times during the life of the project and for no less than 60
days after completion. All images will be protected on servers owned and
operated by the System Vendor and located in a secure area at the System
Vendor’s location. Images and video shall be available to the City and it’s
designees at all times and ab
The Contractor shall provide all service and maintenance, including cleaning,
of the camera system throughout the life of the project including making
appropriate arrangements for camera to remain in operation up to and
through finalization of all structural, landscaping and “completed state”
condition necessary for beginning-to-end time-lapse record.
The System Vendor shall provide custom public website development.
Technical Specifications 4000-8
Website shall be separate from the Online Interface, match the look and
colors of the project’s website, and be delivered as embed code or
standalone web page. Additional features include Facebook and Twitter
integration, full screen mode, image comparison, weather, multiple logos,
graphical background image, and project description.
The System Vendor shall provide time-lapse movie(s) at the end of the
project. Time-lapses shall be professionally edited by a video editor using
image stabilization software. The movie will start with a graphic,
incorporating project title, date and logo. Periods of bad weather or inactivity
shall be removed to produce a compelling and consistent movie. A machine
edited movie will not be acceptable.
The Contractor shall secure a nearby structure for camera mounting or
provide a fixed pole (40 foot / 12 meters height recommended) and 3 inch /
8 centimeters minimum diameter as per System Vendor’s instruction. The
Contractor shall supply all equipment required for safe and secure access to
the camera location for technicians performing installation and maintenance
services, including building access, bucket truck and/or lift. The System
Vendor will consult on and provide recommendations for optimal camera
placement and provide professional installation services as required.
Construction Monitoring (Camera) shall be considered as paid for at the
Contract Lump Sum (LS) Price as shown on the Bid Schedule. Monthly
payments will be made on a pro-rata basis.
ROADWAY APPROACHES SECTION
9.0 SAWCUT & REMOVE AC AND CONCRETE PAVEMENT (Bid Item #’s 5, 6
& 91)
Removals shall conform to the provisions in Section 300 of the Standard
Specifications and these special provisions. Removals shall consist of but are
not limited to, in addition to the work outlined in Subsection 300-1 of the
Standard Specifications. This item shall only apply to the sawcutting and
removal of asphalt concrete pavement.
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.
The removal of the concrete cut off wall and any grouted and/or loose
boulders, concrete pieces and rocks that are a part of the concrete pavement
and cut off walls through the channel are considered part of the concrete
pavement and is incidental to this removal item and no additional
compensation will be allowed.
Technical Specifications 4000-9
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.
300-1.4 Payment. [Add the following]:
Payment for Sawcut and Remove AC Pavement and Remove Concrete
Pavement and Cut off Wall shall be included in the Square Foot bid price
as shown on the Bid Schedule. The compensation paid shall include full
compensation for furnishing all labor, materials, tools, and equipment for
doing all work involved, including removing, hauling, proper disposal, and no
additional compensation will be allowed therefore.
No payment will be made to the Contractor for Removals outside the stated
limits, unless such work is authorized in writing by the City.
10.0 SAWCUT & REMOVE CONCRETE SLOPE PROTECTION (Bid Item #’s 7 &
116)
Removals shall conform to the provisions in Section 300 of the Standard
Specifications and these special provisions. Removals shall consist of but are
not limited to, in addition to the work outlined in Subsection 300-1 of the
Standard Specifications. This item shall only apply to the sawcutting and
removal of concrete slope protection.
Removal of concrete slope protection 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.
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.
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
Technical Specifications 4000-10
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, 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 Sawcut and Remove Conc. Slope Protection shall be
included in the Square Foot bid price as shown on the Bid Schedule. The
compensation paid shall include full compensation for furnishing all labor,
materials, tools, and equipment for doing all work involved, including
removing, hauling, proper disposal, and no additional compensation will be
allowed therefore.
No payment will be made to the Contractor for Removals outside the stated
limits, unless such work is authorized in writing by the City.
11.0 CLEARING AND GRUBBING (Bid Item #’s 8 & 92)
Clearing and Grubbing shall conform to the provisions in Section 300-1,
“Clearing and Grubbing”, of the Standard Specifications and these Special
Provisions:
300-1.3.2 Requirements. [Add the following]:
(d) Miscellaneous
In addition to the work outlined in Subsection 300-1 of the Standard
Specifications, the following items of work are included under Clearing and
Grubbing unless otherwise covered by a specific bid item.
Technical Specifications 4000-11
(1) Provide all necessary water for construction activities. The contractor
shall make arrangements with CVWD to obtain construction water
meter(s). The cost of the water meters shall be included in the cost of
related items.
(2) Removal of structures, as directed by Engineer to be removed or
abandoned. This item includes wall, concrete patio, planter areas,
curb edging poles and pilasters supporting lighting along with the
disconnecting of the electrical service to the light and removal of the
light fixture.
(3) Protection of utilities, trees, fences, gates, walls, greens and other
facilities within the construction zone, except those shown on the plans
and those specifically directed by the Engineer to be removed or
relocated.
(4) Removal, relocation and replacement of existing landscaping and
irrigation systems in conflict with the items of construction as directed
by the Engineer. Existing irrigation facilities are to be plugged by the
Contractor until the replacement system is constructed. To ensure the
remainder landscaping irrigation still functions as it exists, temporary
facilities will be constructed at the contractor's expense to allow the
protection of the existing foliage. Upon completion of the roadway
work, the Contractor shall re-install and/or reconnect the existing
irrigation equipment to the original working condition.
(5) Clearing and removal of debris from the site of work. This includes
removal and legal disposal of existing fences, gates, signs, and posts
including the associated footings/foundations.
300-1.4 Payment. [Add the following]:
Clearing and Grubbing shall be paid for at the Lump Sum contract price
and no additional compensation will be allowed. Payment shall include full
compensation for furnishing all labor, materials, tools, equipment, and doing
all work involved in clearing and grubbing as specified.
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.
Remove Mobile Home and Single Family House
The mobile home units to be removed are located at 46400 Dune Palms Road
in La Quinta. The two mobile home units are located north and south of the
pool and the single family home is immediately adjacent to the storm water
channel, located at the southern portion of the park site along the frontage of
Dune Palms Road, shall be demolished and properly disposed of at an
authorized facility.
The Contractor will not need to notify HCD on the removal of the either the
mobile home units nor the house.
Technical Specifications 4000-12
Per the attached Asbestos Evaluation, the Contractor shall properly
remediate, remove and properly dispose of all asbestos prior to the removal
of each structure. The mobile homes shall be demolished and properly
disposed at an authorized facility. For the removals and site clearing, the
Contractor shall secure the area with fencing until the area has been restored
in accordance with these specifications and to the satisfaction of the City.
Fencing shall be chain link fence with fabric. The removal of the unit shall
also include all excess trash/items left in the interior of the unit. If additional
services and/or the use of special equipment are necessary to complete the
work, prior written authorization must be obtained. Further, upon a
complete breakdown/demolition of the mobile home, the contractor shall
submit a breakdown of service provided and proof of disposal from the
landfill. Contractor will be required to pay prevailing wage.
Removal of non-mobile home unit items will be compensated under the
Clearing and Grubbing bid item and no additional compensation will be
allowed therefore.
Remove Mobile Home and Remove House shall be incidental to the
Clearing and Grubbing bid item and no additional compensation will be
allowed. Payment shall include full compensation for furnishing all labor,
materials, tools, equipment, and doing all work involved in fencing, clearing
and hauling disposal material as specified.
Mobile Home Lot and House Site Clearing
The Contractor shall clear lots housing the two mobile home units along with
the single family home site per the provisions in Section 300-1, “Clearing and
Grubbing”, of the Standard Specifications and these Special Provisions:
300-1.3.2 Requirements. [Add the following]:
(d) Miscellaneous
In addition to the work outlined in Subsection 300-1 of the Standard
Specifications, the following items of work are included under Clearing and
Grubbing unless otherwise covered by a specific bid item. Each of the noted
lots shall be cleared of all constructed materials such as fencing, concrete,
etc. Contractor shall protect to the extent possible all vegetation on the lot.
(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) Secure the removal areas with fencing until the area has been restored in
accordance to these specifications and to the satisfaction of the City.
(3) Provide temporary fencing, chain link fence with fabric, along the frontage
with Dune Palms Road, prior to completion of the permanent perimeter
wall, to the satisfaction of the City.
Technical Specifications 4000-13
(4) Removal of the non-mobile home structures, as directed by Engineer.
This item includes but it not limited to; Porch Cover, Aluminum and Non-
Aluminum Car Port/Awning, Room Addition, Exterior Excessive
Trash/Debris, Wooden Structure, Storage Shed/Structure, misc. parts,
machines, etc., Furniture, and excess trash left outside of mobile/unit.
(5) Removal of all concrete improvements which are above the surrounding
existing ground.
(6) Protection of utilities, trees, and vegetation within the construction zone,
except those specifically directed by the Engineer to be removed or
relocated.
(7) Clearing and removal of debris from the site of work. This includes
removal and legal disposal of existing fences, gates, signs, and posts
including the associated footings/foundations.
All PCC concrete, masonry block, foundation slabs and walls that are above
the existing ground and are within the Dune Palms Road right of way area
shall be removed and disposed, with the exception house foundation, asphalt
driveway and concrete sidewalk/patio. All electrical pedestals shall be de-
energized, capped and removed from all three locations. Unclassified fill
shall be placed and compacted to 90% relative compaction to existing grade
elevations in place of demolished footings. Any placed concrete or mortared
rock improvement which is buried or level with the surrounding ground shall
remain, expect the above noted house concrete flatwork and if the concrete
is disturbed during other removal operations, then said concrete shall be
removed and disposed of properly. All concrete pavers shall be removed and
properly disposed of under this bid item. All removals and final site
appearance shall be done to the satisfaction of the City.
In all areas of exposed dirt, the Contractor shall apply a soils stabilizer to the
satisfaction of the City.
300-1.4 Payment. [Add the following]:
Mobile Home Lot and House Site Clearing shall be incidental to the
Clearing and Grubbing bid item and no additional compensation will be
allowed. Payment shall include full compensation for furnishing all labor,
materials, tools, equipment, and doing all work involved in clearing and
hauling disposal material as specified.
No payment will be made to the Contractor for Clearing outside the stated
limits, unless such work is authorized in writing by the CITY.
Mobile Home and House Utility Disconnection and Capping
The Contractor shall perform the following activities with respect to utility
disconnections and removals:
Technical Specifications 4000-14
Electric – Contractor to coordinate with mobile home park owner through the
City and IID to disconnect all electrical services located within limits of
removal at the main service panel supplying power to the mobile home park.
All electrical work shall be performed by a licensed C-10 electrical or other
authorized licensed contractor. Services to each site shall be permanently
deenergized and the pedestal removed. All full site power outages shall be
minimized to the extent possible. Two (2) week minimum advanced notice
shall be supplied to all residents affected by disconnection and mobile home
park owner prior to disconnection. Contractor shall remove all conduit and
conductors from the mobile home unit to the pedestal. Service to existing
residents must be fully operational within the end of each working day.
Natural Gas – The Gas Company has removed the gas meter and has also
abandoned the service line to the edge of pavement.
Telephone and Cable Television - Disconnect prior to demolition activities.
Disconnection shall not affect any of the residents. Remove miscellaneous
conduit / conductors / pedestals after service disconnection for all utilities
within limits of removal and as directed in the field. Coordinate with City,
Frontier and Spectrum for inspection and approval.
Water (Private) – Water service shall be located and capped at a point within
5 feet of the edge of asphalt within the lot. Coordinate with the City for
inspection and approval.
Sewer (Private) – Sewer lateral shall be located and capped either at the
existing clean out or at a point within 5 feet of the edge of pavement within
the lot. Coordinate with the City for inspection and approval.
Miscellaneous Irrigation and PVC Drain Pipe – Remove and dispose all on-site
existing irrigation and drain line facilities encountered during demolition
activities.
Existing Road Repair Requirements – Contractor shall repair roadway base
material, asphalt, and slurry coat to match existing conditions after all
disconnection work is complete.
The demolition contractor shall provide photographs of all caps, removals,
and disconnection work. All utility improvements installed shall be in
accordance with the California Uniform Building Code, Latest Edition,
including all necessary permits from jurisdictional agencies.
Technical Specifications 4000-15
300-1.4 Payment. [Add the following]:
Mobile Home and House Utility Disconnection and Capping shall be
incidental to the Clearing and Grubbing bid item and no additional
compensation will be allowed. Payment shall include full compensation for
furnishing all labor, materials, tools, equipment, and doing all work involved
in disconnecting and capping utility lines as specified. All utility
disconnections, capping and repair work shall be to the satisfaction of the
City and/or governing utility.
12.0 UNCLASSIFIED EXCAVATION (Bid Item #’s 9 & 93)
Unclassified Excavation shall conform to the provisions in Section 300-2,
“Unclassified Excavation”, of the Standard Specifications and these Special
Provisions:
Contractor shall also comply with all items within the “Mitigation Monitoring
Plan” as shown in Appendix. The Contractor; however, is not responsible for
hiring a professional archeologist. The Contractor shall limit the grading
operations to 5 acres or less of disturbed area at any given time during the
construction of the project. During excavation operations south of the storm
water channel, the City will have a full-time archaeological monitor on site
during all ground disturbing activities associated with the project. In
addition, the Contractor shall provide access to the site, during ground
disturbing operations to a tribal monitor provided by the Native American
group.
300-2.1 General. [Add the following]
Unclassified Excavation shall include excavating, loading, stockpiling, hauling,
and disposing of surplus material to the subgrade depth indicated on the
plans or as directed by the Engineer.
300 2.2 Unsuitable Material. [Add Subsection 300 1.3.2 (a) "Bituminous
Pavement" as Subsection 300 2.2.3 and amend as follows]:
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.
Technical Specifications 4000-16
The areas indicated for removal and replacement shall be excavated to the
full depth of the proposed pavement section (asphalt and base), regardless
of thickness. The City does not have boring data. 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 and payment of the appropriate fee.
300-2.6 Surplus Material. [Add the following]:
All surplus materials shall be disposed of in a legal manner at the
Contractor's expense.
300-2.8 Measurement. [Add the following]:
(8) Bituminous Pavement Removals.
(9) Concrete Removals
300-2.9 Payment. [Replace with the following]:
Unclassified Excavation shall be considered incidental to Clearing and
Grubbing, and shall include furnishing all labor, materials, tools, and
equipment for doing all work involved with the excavating and placement of
fill for the street section per the plans, including loading, hauling, stockpiling,
and disposal of all excavated material and no direct or additional
compensation will be allowed therefore.
13.0 UNCLASSIFIED EXCAVATION (CHANNEL) (Bid Item #10)
Unclassified Excavation shall conform to the provisions in Section 300-7,
"Earthwork for Channels", of the Standard Specifications and these Special
Provisions:
This excavation is for the grading and leveling operations within the channel
bottom. Excavation and backfill operations required for the construction of
the concrete slope protection shall be incidental to the construction of the
slope protection and no additional compensation will be allowed therefore.
300-7.3 Excavation. [Add the following]
Earthwork for the channel bottom shall consist of grading operations to level
out the existing embankment of material on the upstream side of the existing
roadway crossing. These grading operations shall not extend more than 200
feet east and west of the street centerline and shall protect to the extent
possible the existing wetland areas. All material shall be disposed of within
the existing channel area, and no haul off will be required for this grading
operation.
Technical Specifications 4000-17
300-7.6 Measurement and Payment. [Replace with the following]:
Unclassified Excavation (Channel) will be measured from the existing grade
to the proposed elevation as indicated on the plans or as directed by the
Engineer. No adjustment in compensation will be allowed for changes in the
total excavation of the channel bottom. If the total quantity exceed 125% of
the quantity or are less than 75% of the quantity indicated in the Proposal
Bid Schedule for Unclassified Excavation (Channel), the unit price will not be
adjusted pursuant to Section 3-2.2 of the Standard Specifications.
Payment for Unclassified Excavation (Channel) shall be made at the Cubic
Yard price as shown on the Bid Schedule. The compensation paid shall
include full compensation for furnishing all labor, materials, tools, and
equipment for doing all work involved, including excavating and grading the
bottom of the channel and disposal of all excavated materials within the
existing channel area and no additional compensation will be allowed
therefore.
14.0 UNCLASSIFIED FILL (Bid Item #’s 11, 12, 94 & 95)
Unclassified Fill and Suitable backfill material shall conform to the provisions
in Section 300-4, "Unclassified Fill", of the Standard Specifications and these
Special Provisions.
300-4.1 General. [Add the following]
Suitable backfill include loading, hauling, placement and compaction of
embankment material to a height of +4" below the top of the median curb
within the median planting area.
300-4.9 Payment. [Add the following]
Suitable backfill will be measured from the existing grade to the top of the
embankment as indicated on the plans, in the specifications or as directed by
the Engineer.
Payment for Unclassified Fill shall be made at the Cubic Yard price as
shown on the Bid Schedule. The compensation paid shall include full
compensation for furnishing all labor, materials, tools, and equipment for
doing all work involved, including loading, hauling, placement and
compaction of the embankment area.
Payment for Suitable Backfill Material shall be made at the Cubic Yard
price as shown on the Bid Schedule. The compensation paid shall include full
compensation for furnishing all labor, materials, tools, and equipment for
doing all work involved, including loading, hauling, placement and
compaction of the embankment area. The volume of suitable backfill within
the median area shall be from +4" below the top of the median curb to 12”
down, or to the bottom of the curb.
Technical Specifications 4000-18
15.0 CONSTRUCT BYPASS ROAD (Bid Item #13)
Construction of the Temporary Bypass Road shall conform to the provisions
in Section 300-2 “Unclassified Excavation”, Section 300-4 “Unclassified Fill”,
Section 302-6 “Portland Cement Concrete Pavement”, Section 301-1
“Treated Soil, Subgrade Preparation and Placement of Base Materials”,
Section 207-11 “Corrugated Steel Pipe and Pipe Arches”, Section 306
“Underground Conduit Construction” of the Standard Specifications and the
following.
Construction of the temporary bypass road shall consist constructing a
roadway section for two lanes of traffic during the construction of the
western half of the proposed bridge. This item of work shall consist of all
materials and equipment necessary to construct the bypass road in
accordance with the details in the plans including but not limited to removals,
excavation, backfill, compaction, aggregate base or crushed miscellaneous
base, concrete pavement, corrugated metal pipe, delineation tubes and
riprap complete and in place.
Attention is directed to "Maintaining Traffic" and "Temporary Pavement
Delineation" of these special provisions and to the stage construction sheets
of the plans.
The work shall be performed in conformance with the stages of construction
shown on the plans. Nonconflicting work in subsequent stages may proceed
concurrently with work in preceding stages, provided satisfactory progress is
maintained in the preceding stages of construction.
In each stage, after completion of the preceding stage, the first order of work
shall be the removal of existing pavement delineation as directed by the
Engineer. Pavement delineation removal shall be coordinated with new
delineation so that lane lines are provided at all times on traveled ways open
to public traffic.
Before obliterating any pavement delineation (traffic stripes, pavement
markings, and pavement markers) that is to be replaced on the same
alignment and location, as determined by the Engineer, the pavement
delineation shall be referenced by the Contractor, with a sufficient number of
control points to reestablish the alignment and location of the new pavement
delineation. The references shall include the limits or changes in striping
pattern, including one- and 2-way barrier lines, limit lines, crosswalks and
other pavement markings. Full compensation for referencing existing
pavement delineation shall be considered as included in the contract prices
paid for new pavement delineation and no additional compensation will be
allowed therefore.
Technical Specifications 4000-19
Payment for Construct Bypass Road will be by the Lump Sum, complete
inplace, and shall include full compensation for all labor, materials, tools, and
equipment and for doing all work involved in removals for both construction
and removal of the temporary bypass road, excavation, grading, backfill,
compaction, aggregate base or crushed miscellaneous base, concrete
pavement, corrugated metal pipe, delineation tubes and riprap per the plan
and no additional compensation will be allowed therefore. The signing and
striping for the traffic control will be paid for under the Traffic Control bid
item, and no additional compensation will be allowed for the necessary
signing and pavement markings for temporary bypass or construction traffic
control staging.
16.0 COLD MILLING AC PAVEMENT (Bid Item # 96)
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
24 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 crate 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.
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.
0.10’ Cold Milling Asphalt Concrete Pavement shall be paid for by
Square Foot and shall include full compensation for all labor, materials,
tools, and equipment and necessary site cleanup.
17.0 ASPHALT CONCRETE (Bid Item #’s 14, 97 & 98)
Asphalt Concrete shall include full depth sections and conform to the
requirements of Subsection 203-6 and Section 302-5 of the Standard
Specifications, and these Special Provisions.
Technical Specifications 4000-20
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 3/4" Max. Medium
Finish Course 1/2" Max. Medium
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.
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 Caltrans PG 70-10 with a
3/4" maximum, medium aggregate. The finish course shall be Caltrans PG
70-10 with a ½” maximum, medium aggregate. Both the base and finish
course shall be machine placed.
Technical Specifications 4000-21
302-5.9 Measurement and Payment. [Add the following]:
Asphalt Concrete for the specified pavement sections 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 placing asphalt concrete for pavement reconstruction and
driveways including compaction or re-compaction of subgrade, complete in
place.
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 0.10 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-lh emulsified asphalt immediately before the
adjoining asphalt concrete is placed.
Prior to placing the tack coat, all pavement cracks greater than or equal to ¼
“width shall be cleaned with a heat lance and sealed with Crafco Polyflex
Type lll crack sealant or approved equal. Crack sealant shall be applied with
a wand such that excess material is not remaining at the crack surface after
sealing.
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.
Maintenance and Protection
1. After an area has been released to the Contractor, they shall assume
complete responsibility for maintenance and protection responsibilities
without the written authorization of the CITY.
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
Technical Specifications 4000-22
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.
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.
18.0 SUBGRADE PREPARATION & PLACEMENT OF BASE MATERIALS (Bid
Items #15, 99 & 120)
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.
301-1.7 Payment. [Replace with the following]:
Compensation for subgrade preparation shall be deemed to be included in
the bid price of other items, and no additional compensation will be allowed.
301-2 UNTREATED BASE
301-2.1 General. [Replace with the following]:
Untreated base shall be Class II 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]:
Payment for Class II Aggregate Base shall be per the contract price per
Square Foot as shown on the proposal bid sheet.
19.0 CRUSHED MISCELLANEOUS BASE (Bid Item #16)
Crushed miscellaneous base material shall conform to the provisions of
Section 200-2.4 and 301-2 of the Standard Specifications and these Special
Provisions.
The crushed miscellaneous base material shall be used as base material for
the staging area as used by the Contractor activities. Crushed miscellaneous
base material may be used in the construction of the temporary bypass road,
which will be incidental to the lump sum cost of the bypass road and no
additional compensation will be allowed therefore.
Technical Specifications 4000-23
Payment for Crushed Miscellaneous Base for the staging area will be by
the Cubic Yard, complete inplace, and shall include full compensation for all
labor, materials, tools, and equipment and for doing all work involved in
loading, hauling, placement and compaction of the base material and no
additional compensation will be allowed therefore.
20.0 ASPHALT CONCRETE (AC) DIKE (Bid Item #17 & 100)
Asphalt Concrete (AC) Berm / Dike construction shall conform with Section
203 of the Standard Specifications and these Special Provisions.
PG 70-10 paving asphalt shall be used in the construction of the asphalt
concrete dikes.
Asphalt Concrete Berm / Dike shall be measured and paid for at the
contract unit price per Lineal Foot and shall include full compensation for all
labor, materials, tools, and equipment and for doing all work involved in
placing the AC dike per the plan.
21.0 CONCRETE CONSTRUCTION (Bid Item #’s 18 – 24, 26 – 27, 101 –
106, 117, 121, 122 & 133)
Concrete construction shall conform to Section 201 “Concrete Mortar, and
Related Material” and Section 303, “Concrete and Masonry Construction”, of
the Standard Specifications and these Special Provisions.
Curing compound shall be Type 2 - clear pigmented only for all concrete.
Curing compound must be applied to all concrete surfaces at the application
rate required in Section 201-4 of the Standard Specifications.
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 560-C-3250 3”
Driveways, pavement, local depressions 560-C-4000 4”
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 4000-24
The cement to be used or furnished shall be Type V Portland Cement
conforming to ASTM C150, unless otherwise specified.
18.1 Concrete Curb, Gutter, Sidewalk, Local Depression, Curb Ramp,
Commercial Driveway, Driveway Approach, Pavement, Local
Depression, Cross Gutter, Colored Stamped Median, Trail and Utility
Cover Collar
Concrete Curb Gutter, Sidewalk, Local Depression, Curb Ramp, Commercial
Driveway, Driveway Approach, Local Depression, Colored Stamped Median
and Utility Lid Cover Collar 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 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.
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 Standard 250, American’s with Disabilities Act (ADA)
Provisions, and as indicated on the Plans. The handicap 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.
The actual finish surface of the handicap ramp shall be determined in the
field by the Contractor. 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.
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 4000-25
303-5.9 Measurement and Payment. [Add the following to this section]:
Payment for Concrete Curb and Gutter, Median Curb and Wedge Curb
shall be included in the contract bid price per Linear Foot as shown on the
proposal bid sheets. Measurement for the concrete curb and gutter
shall stop and start at curb taper of each driveway approach. The
concrete gutter through each driveway approach will be paid for
under Concrete Driveway Approach.
Payment for Sidewalk, Driveway Approach, Colored Stamped Concrete
Median, Trail and Cross Gutter shall be included in 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. The landing area behind curb
returns is part of the Curb Ramp and will be included in the contract
unit bid price Curb Ramp (Type A) and Curb Ramp (Case B, Type 1).
The Driveway Approach shall include the gutter, driveway approach
and sidewalk within the limits of the approach in the contract unit
price.
Payment for Curb Ramps shall be included in the contract bid price per
Each. The Curb Ramp shall include all concrete and other materials
necessary to construct said ramp starting and the beginning of the curb
return to the end of the curb return, in accordance with the City Standard.
Payment for Utility (Valve and Manhole) Collar shall be incidental to the
water valve, sewer manhole or/or storm drain manhole bid items and no
additional compensation will be allowed. Payment shall include full
compensation for furnishing all labor, materials, tools, equipment, and doing
all work involved in placement of the concrete collar per the plan details
and/or standard drawing associated with each appurtenance.
Payment for Local Depression shall be incidental to the construction of the
associated catch basin and no additional compensation will be allowed
therefore.
Driveway approaches shall be measured for payment from the lip of
gutter to the back of the sidewalk or right of way, as noted per the
plans. The width of the curb shall not be measure for payment for
sidewalks.
18.2 Slope Protection including the Trail Undercrossing, and Anchor Wall
Concrete Slope Protection, Trail Undercrossing and Anchor Wall shall conform
to the provisions in Section 303-1, of the Standard Specifications and these
Special Provisions.
303-1.1 General. [Add the following to this section]:
Concrete Slope Protection, Trail Undercrossing and Anchor Wall shall conform
to the Standard Specifications as modified herein.
Technical Specifications 4000-26
This work shall consist of constructing concrete slope protection and
associated bike path, anchor wall and access road including the grading of
the access road at the top of the slope protection. At the option of the
Contractor, the slope protection and linings, including footings, support walls,
cut off stubs, cut off walls and aprons, shall be constructed of either Portland
cement concrete or shotcrete. In addition, this work will also include the
special detailing for water main crossings of the concrete slope protection.
303-1.2 Subgrade for Concrete Structures
Excavation shall consist of removal of materials for the construction of the
foundation for the concrete slope protection. Backfill shall consist of
furnishing material, if necessary, placing and compacting backfill material
around the structure to the lines designated on the plans. Excavation and
backfill for the placement of the concrete slope protection is incidental to the
construction and placement of the slope protection and shall include the
furnishing of all materials and equipment; construction or installation of other
facilities which may be necessary to perform the excavations and to place
and compact the backfill; and subsequent removal of such facilities, except
where they are required or permitted by the Plans or Specifications to remain
in place.
Excavation in an open cut for lined channels may be made so as to place
concrete directly against excavated surfaces, provided the faces of the
excavation are firm, hard, and unyielding; are such as will stand or can be
made to stand without sloughing; and are at all points outside the concrete
lines shown on the Plans. Within those areas where the channel slope will
need to be built up to the proper elevation, the subgrade shall be compacted
to not less than 90 percent relative compaction.
The foundation, which includes all surfaces upon which concrete or shotcrete
is to be placed, shall be evenly graded such that no point on the graded
surface shall be above the designated plane. If unsuitable material is
encountered at the elevation of the foundation, the material shall be
removed and disposed of as directed by the Engineer. The resulting space
shall be filled with material suitable for the foundation. The foundation areas
shall be thoroughly compacted, with moisture sufficient to allow a firm
foundation and to prevent absorption of water from the concrete or shotcrete
but shall not contain free surface water.
303-1.11 Payment
Payment for Concrete Slope Protection including the bike path, anchor
wall and access ramp shall be included in the contract unit bid price per
Cubic Yard and shall include full compensation for furnishing all labor,
materials, tools, equipment and incidentals, and for doing all work involved in
shaping slopes and preparing the foundation, constructing weep holes and
drain holes, furnishing and placing expansion joint filler, mortar,
reinforcement, structure excavation and structure backfill including the
construction of the 20 foot channel access road on top of the concrete slope
Technical Specifications 4000-27
lining per the details in the plan, and pervious backfill material, and
constructing the finished slope protection, lined gutters, ditches and
channels, including support walls, cut off stubs, cut off walls, footings and
aprons, and special water main crossing detailing complete in place, as
shown on the plans, as specified in these specifications and the special
provisions, and as directed by the Engineer.
Quantities of concrete or shotcrete will be measured by the cubic yard
computed from measurements, along the slope, of the actual areas
constructed and the theoretical thickness shown on the plans. No additional
compensation will be allowed for additional concrete or shotcrete placed by
reason of low foundation.
22.0 CONCRETE STRUCTURES (Bid Item #’s 25, 29 – 35 & 118)
Concrete structures shall conform to Section 207 and Section 303 of the
Standard Specifications and these Special Provisions.
Concrete structures for this project shall consist of retaining wall, catch
basin, catch basin/drywell system, manhole, outlet structure, reconstruct
storm drain manhole, and concrete collar. Concrete to be used in the
construction of minor concrete structures shall be Class 560-C-3250, 5”
slump concrete.
Removal and sealing of the storm drain manhole structure shall consist of
removal of the existing frame, cover and top concrete cone section and
concrete barrel section necessary for placement of the new storm drainpipe,
and sealing of the concrete barrel to prevent material from entering the
manhole structure.
The storm drain outlet structure shall include the furnishing and installation
of the metal trash and safety grate per the details in the plans.
The construction of the retaining wall shall also include the placement of the
weep drains, and drainage system as detailed in the plans. The outlet of the
retaining wall piping shall have a rodent grate. In addition, the retaining wall
shall include waterproofing on the ground side of the wall and anti-graffiti
coating on all exposed surfaces.
The soil beneath the spread footing shall be overexcacated to a minimum
depth of 2 feet and replaced with Structure Backfill. The horizontal extent of
the footing overexcavation is defined by a 1:1 projection line from the
bottom edges of the footing. Prior to placing the Structure Backfill, the
exposed bottom of overexcavations should be scarified to a minimum depth
of 8 inches and compacted in placed to at least 95% relative compaction.
The upper two feet of material below the footing of the retaining wall shall be
compacted to at least 95% relative compaction. The lateral extent of the
95% relative compaction should be at least 2 feet beyond the edges of the
footing.
Technical Specifications 4000-28
Payment for Catch Basin, Catch Basin/Drywell System, Storm Drain
Manhole, Junction Structure, Storm Drain Outlet and Concrete Collar
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 placing the concrete structures per the plan.
Payment for the Type 1 Retaining Wall shall be measured and paid for at
the contract unit price per Square Foot of retaining wall surface and shall
include full compensation for all labor, materials, tools, and equipment and
for doing all work involved in placing the concrete structure and footing,
structure excavation and backfill material, compaction, weep drains, drainage
system per the plan details, waterproofing, and anti-graffiti coating and no
additional compensation will be allowed therefore.
Payment for the Reconstruct Storm Drain Manhole to Grade shall be
measured and paid for at the contract unit price per Lineal Foot of manhole
extension and shall include full compensation for all labor, materials, tools,
and equipment and for doing all work involved in placing the concrete
structure, structure excavation and backfill material and compaction and no
additional compensation will be allowed therefore.
23.0 MASONRY BLOCK WALL (Bid Item #’s 28 & 107)
Masonry block (garden) wall shall conform to the requirements of Section
303 of the Standard Specifications and these Special Provisions.
The masonry block shall be split face on the roadway side, with solid grouted
cells and tan color, matching the existing wall to the north and as approved
by the City. The join location of the existing and new wall shall be completed
to the satisfaction of the City for workmanship, appearance, color and finish,
and no additional compensation will be allowed therefore.
Concrete Footings
Concrete footings for the retaining walls shall be constructed in accordance
with Section 303-1 of the Standard Specifications, general plan notes and
these Special Provisions.
Footings shall be a minimum of 12” into competent undisturbed natural soil
or certified compacted fill. The allowable soil bearing for 12” minimum
embedment and 12” wide footing is 1,800 psf.
Structural concrete shall have an ultimate compressive strength at 28 days
of 3,250 psi.
Concrete footing shall be incidental to and shall be considered as included in
the unit price bid for the construction and installation of the masonry block
and shall include full compensation for furnishing all labor, materials, tools,
equipment, and incidentals and for doing all the work and no additional
compensation will be allowed therefore.
Technical Specifications 4000-29
Steel Reinforcement
Reinforcing steel shall conform to the requirements of Sections 201-2, 303-
1.7 and 303-4.1 of the Standard Specifications, general plan notes and these
Special Provisions.
Reinforcing steel shall be incidental to and shall be considered as included in
the unit price bid for the construction and installation masonry block and
shall include full compensation for furnishing all labor, materials, tools,
equipment, and incidentals and for doing all the work and no additional
compensation will be allowed therefore.
Masonry Block
Masonry block shall conform to the requirements of Section 303-4 of the
Standards Specifications and these Special Provisions.
All work shall be performed in a workmanlike manner and in full compliance
with the applicable building ordinances.
All masonry walls shall be laid true, level, and plumb in accordance with the
plans.
Masonry units shall be cured, dry, and surfaces shall be clean when laid in
the walls.
During construction, all partially laid walls as well as units in storage shall be
protected from moisture. All concrete block units and any partially laid walls
which become wet during the construction shall be permitted to dry for at
least 1 week or longer, if required by weather conditions, before
recommencing work.
Proper masonry units shall be used to provide with a minimum of unit
cutting. Where masonry unit cutting is necessary, all cuts shall be neat and
regular, and edges exposed in the finished work shall be cut with a power-
driven abrasive saw.
The Masonry Block Wall shall be measured and paid for at the contract unit
price per Lineal Foot and the Masonry Wall Pilaster shall be incidental to
the construction of the block wall and shall include full compensation for all
labor, materials, tools and equipment and for doing all work involved in the
construction of the wall including but not limited to footing construction,
installation of reinforcing steel, and masonry wall construction per the plan
and no additional compensation will be allowed therefore.
24.0 HDPE PIPE (Bid Item #’s 36 & 119)
High Density Polyethylene pipe shall conform to the provisions in Section
209-5 of the Standard Specifications and these Special Provisions. The
placement of the HDPE Pipe shall be in accordance with Section 306 of the
Technical Specifications 4000-30
Standard Specifications and these Special Provisions.
Pipe bedding for storm drains shall conform to Section 306-1.2.1 of the
Standard Specifications. The cost of providing and installing said bedding
material shall be included in compensation paid for the HDPE pipe and no
additional compensation will be allowed. Where rock bedding is required by
the Engineer to stabilize unstable subgrade due to existing ground conditions
(not attributable to the Contractor's operation), such rock bedding shall be
considered extra work as provided in Subsection 3-3 of the Standard
Specifications as amended herein. Additional bedding placed in excess of the
limits shown per the Standard Plan for the convenience of the Contractor
shall not be subject to additional compensation.
All trench backfill shall have a minimum relative compaction density of 95%.
Jetting will not be permitted unless specifically approved in advance by the
Agency.
The Contractor shall connect the storm drainpipe to both the newly
constructed catch basin structure as well as existing storm drain manhole.
Connection activities shall be included in the construction activities for the
placement of the storm drainpipe and no additional compensation will be
allowed therefore.
The contract unit bid price paid per Linear Foot for High Density
Polyethylene Pipe shall include full compensation for all cutting, fitting,
grouting and other work necessary to install the HDPE pipe and no additional
compensation will be allowed therefore.
25.0 METAL FENCING, RAILING AND GATES (Bid Item #’s 37 – 38 & 123 –
124)
Metal fencing and gates shall conform to the provisions in Section 83-1,
"Railings and Barriers," of the State Specifications and these special
provisions.
Metal fencing on top of the northern retaining walls and gates shall be
constructed to the dimensions, color and shapes shown on the plans, and
shall match the pattern of the referee sample located at Adams Street Bridge
over the Coachella Valley Storm Water Channel in the City of La Quinta.
Metal fencing and gates shall be painted conforming to the provisions in
Section 59, “Painting”, of the State Specifications. Color shall be as shown
on the plans to be approved by the City prior to the application.
Metal fencing (Retaining Wall) shall be measured and paid for at the
contract unit price per Lineal Foot and shall include full compensation for all
labor, materials, tools, and equipment and for doing all work involved
manufacturing of the fencing, painting and installation of the metal fencing
on top of the cast in place retaining wall complete and inplace and no
additional compensation will be allowed therefore.
Technical Specifications 4000-31
Metal railing (Trail) shall be measured and paid for at the contract unit
price per Lineal Foot and shall include full compensation for all labor,
materials, tools, and equipment and for doing all work involved
manufacturing of the fencing, painting and installation of the metal fencing
on top of the cast in place retaining wall complete and inplace and no
additional compensation will be allowed therefore.
Metal Gate Assembly 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 manufacturing of the
gate, painting, excavation for footings, concrete footing, footing connection
and installation of the metal gate per the plan complete and inplace and no
additional compensation will be allowed therefore.
26.0 CHAIN LINK FENCING (Bid Item #’s 39 – 40)
Chain link fence and vehicle gate with lock shall conform to the provisions of
Section 206-6 and 304-3 of the Standard Specifications and the following.
The chain link fence may be installed around the staging area adjacent to
Dune Palms Road, south of Westward Ho Drive. In addition to the fencing,
the Contractor in accordance with the City’s Dust Control ordinance shall
install fabric on all chain link fencing within the construction staging area.
The Contractor will also provide a lock. At the completion of the project, the
Contractor shall remove and properly dispose of the chain link fence.
Payment for the Chain Link Fence shall be measured and paid for at the
contract unit price per Lineal Foot and shall include full compensation for all
labor, materials, tools, and equipment and for doing all work involved in
placement and removal at the conclusion of the project in accordance with
the plans and standard plan details.
Payment for the Vehicle Gate shall be measured and paid for at the contract
unit per Each and shall include full compensation for all labor, materials,
tools, and equipment and for doing all work involved in placement and
removal of the chain link fence gates in accordance with the plans and
standard plan details.
27.0 TEMPORARY FENCE (Bid Item #41)
Temporary Fencing shall conform to the provisions in Section 16-2.03, High
Visibility Fences, of the Caltrans Standard Specifications, latest edition and
the following provisions.
Contractor shall install the temporary construction fencing per the plans and
per the direction of the City. The Contractor shall be responsible for the
installation, maintenance and removal of the fencing for the duration of the
contract.
Technical Specifications 4000-32
Payment for the Temporary Fence (High Visibility) shall be measured and
paid for at the contract unit price per Lineal Foot and shall include full
compensation for all labor, materials, tools, and equipment and for doing all
work involved in placement, maintenance and removal at the conclusion of
the project in accordance with the plans and standard plan details.
28.0 PVC PIPE (Bid Item #’s 44, 47, 109, 130 & 140 – 144)
PVC Pipe shall conform to the provisions in Sections 207 and 306 of the
Standard Specifications, the IID plans, specifications and details, and the
following provisions. The IID Specifications and applicable details have been
attached to these specifications.
IID Undergrounding System
The Contractor will be responsible for coordinating with IID on all trenching,
conduit and structure installation inspections. IID inspections schedules
are subject to a minimum 48-hour notice and are by appointment
only at 760-398-5854.
If the total installed quantity of conduit exceeds 125% or is less than 75% of
the quantity indicated in the Proposal Bid Schedule for 3”, 4”, 5” and 6”
Schedule 40 PVC, the respective unit prices will not be adjusted pursuant to
Section 3-2.2 “Contract Unit Prices” of the Greenbook Standard
Specifications.
The contract unit price per Linear Foot for each size of the Schedule 40
PVC shall include full compensation for all cutting, fitting, connecting, end
cap installation, pipe end marker, pull rope and other work necessary to
install the PVC pipe and no additional compensation will be allowed therefore.
The contract unit price per Each for the 5” Riser of Schedule 80 PVC shall
include full compensation for all cutting, fitting, connecting, end cap
installation, pull rope and other work necessary to install the PVC pipe and no
additional compensation will be allowed therefore.
Irrigation Landscape Sleeve
The PVC Conduit for landscaping sleeve shall conform to the provisions in
Sections 207 and 306 of the Standard Specifications and the following
provisions.
The Contractor shall furnish and install the Schedule 40 PVC conduit, with
pull rope per the plans. Conduits shall be installed not less than 1.5 feet
below and not less than 24 inches below finished grade in all areas,
measured to the top of the conduit.
The contract unit price per Linear Foot for each size of the 4” Schedule 40
PVC Landscaping Sleeve shall include full compensation for all trench
excavation, back fill and compaction, cutting, fitting, connecting, end cap
installation, pipe end marker, pull rope and other work necessary to install
the PVC pipe and no additional compensation will be allowed therefore.
Technical Specifications 4000-33
City Communications System & CV Link System
The PVC Conduit (City) and PVC Conduit (CV Link) shall conform to the
provisions in Sections 207 and 306 of the Standard Specifications and the
following provisions.
The Contractor shall furnish and install the Schedule 40 and 80 PVC conduit,
with pull rope, and pull boxes per the plans. Conduits shall be installed not
less than 1.5 feet below the top of curb grade in sidewalk areas and not less
than 24 inches below finished grade in all other areas measured to the top of
the conduit.
The trenching and backfill for both the City and CV Link conduits systems
shall be incidental to the conduit and no additional compensation will be
allowed therefore.
Conduits located within the same trench shall have a minimum separation of
2 inches.
Conduit bends into pull boxes shall be a minimum of 45 degrees. Conduit
shall enter communication pull boxes through knockouts. Conduits entering
the ends of these boxes shall be vertically and horizontally aligned with the
conduits at the opposite end of the box. Conduit ends shall not extend
beyond the interior wall face of splice vault and pull boxes. The space
around conduits through end walls of communication pull boxes shall be filled
with Portland cement mortar. In no case shall a conduit body or pull box be
used in lieu of a specified bend to change the direction of the communication
conduit run, except where specified.
Bending of PVC conduit shall be by methods recommended by the conduit
manufacturer, and with equipment approved for the purpose.
No bends shall be placed in a section of conduit in excess of those indicated
in the plans without the approval of the Engineer.
The total sum of bend radius for the communication conduit between
consecutive communication pull boxes or splice vault shall not exceed 360
degrees.
After pull rope has been installed, the ends of conduits terminating in pull
boxes cabinets shall be sealed with an approved type of sealing compound.
Where conduits are shown on the plans to be installed parallel and adjacent
to each other, they shall be installed together in a common trench as shown
on the conduit installation details. Should the Contractor choose to install
the conduits in separate trenches, only the "shared trench" quantities of
trenching will be paid.
Technical Specifications 4000-34
Power conduits placed in the same trench as communication conduits shall
not terminate in communication pull boxes or splice vault.
Where conduits are installed in open trenches, excavation and backfill shall
conform to the provisions in Section 306-1, and these specifications. The
bottom of the trench shall be graded and prepared to provide a firm and
uniform bearing throughout the entire length of the conduit. During
backfilling operations, the conduit shall be rigidly supported so that no
movement of, or damage to, the conduit or joints will result.
Couplings for conduits shall be installed in conformance with the
manufacturer's written instructions; a copy of which shall be furnished to the
Inspector prior to installation.
Couplings and fittings shall be as recommended by the pipe manufacturer.
Nylon pull rope shall be placed in conduit for the full length of the conduit.
The contract unit bid price paid per Linear Foot for PVC Pipe per the pipe
schedule type noted on the plans and in the Bid Schedule, shall include full
compensation for all trench excavation, back fill and compaction, cutting,
fitting, connecting, end cap installation, pipe end marker, pull rope and other
work necessary to install the PVC pipe and no additional compensation will be
allowed therefore.
29.0 PULL BOX (Bid Items #45 & 131)
Concrete Pull Box shall conform to the provisions in Section 307-11 of the
Standard Specifications and these Special Provisions.
City Communications System
Concrete pull box, No. 3.5 shall be installed at a spacing of no more than 200
feet. Pull boxes shall also be installed at the termini of the installed conduit
run.
Concrete Pull Box No. 3.5, shall be measured and paid for at the contract
unit 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.
30.0 SIGNING, STRIPING AND PAVEMENT MARKERS (Bid Items #46, 108
& 127)
Section 310-5.6.6 of the Standard Specifications for Public Works
Construction is hereby replaced with the following:
Technical Specifications 4000-35
Removal of existing Traffic Stripes, Pavement Markings, Pavement Markers
and Roadside Signs shall conform to the provisions in Section 15, "Existing
Highway Facilities" of the State of California, Department of Transportation's
Standard Specifications dated May 2006, and the State of California,
Department of Transportation's Standard Plans dated May 2006 (hereinafter
referred to as the State Standard Specifications and the State Standard
Plans, respectively), where applicable and these Special Provisions.
30.1.1 Remove Traffic Stripes and Pavement Markings.
Traffic stripes and pavement markings shall be removed as shown on the
plans.
The removal of traffic stripes and markings shall be accomplished by either of
the following methods.
A. Wet Sandblasting: Where blast cleaning is used for the removal of painted
traffic stripes and pavement markings or for removal of objectionable
material, and such removal operation is being performed within ten (10) feet
of a lane occupied by public traffic, the residue including dust shall be
removed immediately after contact between the sand and the surface being
treated. Such removal shall be by a vacuum attachment operating
concurrently with the blast cleaning operation.
B. Grinding: 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, and only on approval
by the engineer. Asphalt emulsion slurry shall be applied to the areas where
stripes or pavement markings have been removed.
Temporary removal of stripes and pavement markings may be accomplished
by either of the above methods or, at the Contractor's option, by the
application of removable black line mask, 3M Series 145, or approved equal.
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 removal of traffic stripes and pavement marking shall be
included in the Lump Sum bid for Signing, Striping and Pavement
Markers and shall include full compensation for furnishing all labor
materials, tools, equipment and incidentals as shown on the plans and
required in the Specifications.
30.1.2 Remove and/or Relocate Roadside Signs.
Existing roadside signs, shall be removed and/or relocated/replaced as
shown on the plans.
Technical Specifications 4000-36
Existing roadside signs at locations shown on the plans to be removed shall
not be removed until replacement signs have been installed or until the
existing signs are no longer required for direction of public traffic, unless
otherwise directed by the ENGINEER.
Payment for removing and relocating roadside signs shall be considered as
included in the Lump Sum bid for Signing, Striping and Pavement
Markers and shall include full compensation for furnishing all labor,
materials, tools, equipment and incidentals, including new sign posts and
signs as shown on the plans and as required in the Specifications.
30.2 Traffic Striping, Pavement Markings, Signing, Delineators &
Pavement Markers
Section 210 and Section 310 of the Standard Specifications for Public Works
Construction are hereby replaced with following:
Removal of existing Traffic Striping, Pavement Markings, Signing, Delineators
and Pavement Markers shall conform to the provisions in Section 82,
"Markers and Delineators", Section 56-2, "Roadside Signs", Section 84,
"Traffic Stripes and Pavement Markings", and Section 85, "Pavement
Markers", of the State of California, Department of Transportation's Standard
Specifications dated May 2006 and the State of California, Department of
Transportation's Standard Plans dated May 2006 (hereinafter referred to as
the State Standard Specifications and the State Standard Plans,
respectively), where applicable and these Special Provisions.
30.2.1 Markers and Delineators
Markers and delineators shall conform to the provision in Section 82,
"Markers and Delineators," of the State Standard Specifications and these
special provisions.
Flexible posts shall conform to the details shown on the plans.
Flexible posts shall be made from a flexible white plastic which shall be
resistant to impact, ultraviolet light, ozone and hydrocarbons. Flexible posts
shall resist stiffening with age and shall be free of burns, discoloration,
contamination, and other objectionable marks or defects that affect
appearance or serviceability.
Payment for markers and delineators shall be considered as included in the
Lump Sum bid for Signing, Striping and Pavement Markers, and shall
include full compensation for furnishing all labor, materials, tools and
equipment for installing markers and delineators as shown on the plans, and
as required in the Specifications.
Technical Specifications 4000-37
30.2.2 Roadside Signs
Roadside signs shall be installed at the locations shown on the plans or as
directed by the ENGINEER, and shall conform to the provision in Section 56-2
"Roadside Signs," of the State Standard Specifications and these Special
Provisions.
Payment for traffic roadside signs and posts shall be considered as included
in the Lump Sum bid for Signing, Striping and Pavement Markers, and
shall include full compensation for furnishing all labor, materials, tools and
equipment for installing sign panels, and sign posts as shown on the plans,
and as required in the Specifications.
30.2.3 Paint Traffic Stripes and Pavement Markings
Painting traffic stripes (traffic lanes) 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.
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 spotting 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) and
Maintenance Manual available from Caltrans.
Spotting with cat tracks or dribble lines shall be performed prior to the
removal of existing stripes. Cat tracks shall consist of spots of paint not
more than 3 inches in width and not more than 5 feet apart along the
alignment of the stripe. Paint for the cat tracks shall be the same as that for
the intended stripe. Paint for the dribble lines shall be neutral color obtained
by mixing approximately two parts white paint with one part black paint.
Spotting - Spotting 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 spotted 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.
Technical Specifications 4000-38
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 unless otherwise approved by the CITY Engineer. A
minimum of 7 days and a maximum of 14 days shall elapse between
application of the first and second coats of paint.
The paint for traffic striping and markings shall be as follows:
1. High Performance Water Borne, Rapid Dry, White - PERVO Paint Co.
#6000, or approved equal.
2. High Performance Water Borne, Rapid Dry, Black - PERVO Paint Co.
#6002, or approved equal.
3. High Performance Water Borne, Rapid Dry, Yellow - PERVO Paint Co
#6001, or approved equal.
All lines, legends, crosswalks, limit lines, and shapes shall be paint.
Crosswalk lines, stop limit lines, and chevrons are considered as pavement
markings.
The paint for concrete curbs shall be the following, or an approved equal:
1. PERVO Paint Co. #6004 Red
2. PERVO Paint Co. #6005 Green
3. PERVO Paint Co. #6006 Blue
All paint shall meet SCAQMD Rule 1113.
Glass beads shall conform to State Specification 8010-21C-22 (Type II).
All pavement markings shall be metric and shall match city stencils.
Payment for Traffic Stripes and Pavement Markings shall be considered as
included in the Lump Sum bid for Signing, Striping and Pavement
Markers, 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.
30.2.4 Pavement Markers
Pavement markers shall conform to the provision in Section 85, "Pavement
Markers," of the State Standard Specifications and these special provisions.
Payment for pavement markers shall be included in the Lump Sum bid for
Signing, Striping and Pavement Markers, and shall include full
compensation for furnishing all labor, materials, tools, equipment and
incidentals, including establishing alignment for layout work as shown on the
plans and as required in the Specifications.
Technical Specifications 4000-39
31.0 ADJUST TO GRADE STORM DRAIN MANHOLE (Bid Item #48)
Adjusting the storm drain manhole frame and cover to grade shall conform to
the provisions in Section 301-1.6 “Adjustment of Manhole Frame and Cover
sets to Grade” of the Standard Specifications and these Special Provisions.
The Contractor shall adjust to final grade the air release valve and valve well
frame in accordance with plans.
Payment for Adjust Storm Drain Manhole to Grade 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, raising of the existing manhole, frame and
cover, backfill, compaction and concrete collar per the plan and no additional
compensation will be allowed therefore.
32.0 DECOMPOSED GRANITE (Bid Items #49 & 132)
Decomposed Granite shall conform with Section 800 “Landscape and
Irrigation Materials”, and Section 801 “Landscape and Irrigation Installation”,
of the Standard Specifications and these Special Provisions.
801-1.4 Crushed Rock [add the following]:
Decomposed granite will be an imported material 3/8” in diameter
Brimstone. Prior to placing decomposed granite, fine grade area, removing
rocks greater than 1” diameter, moisture condition, and compact sub-grade
material. Spread decomposed granite over the planting area to a 3” depth.
Apply moisture after spreading and raking to compact and remove dust.
Decomposed granite shall be paid for on a square foot (SF) basis and shall
include furnishing all labor, equipment, tools and materials necessary for
placement of decomposed granite per direction of City, quantity shown in bid
schedule. The price of this item shall also include any incidentals for doing
the work involved in placing the rock as defined in the SSPWC and the
Special Provisions. No further compensation will be allowed therefore.
33.0 WATER SERVICE RECONSTRUCTION (Bid Item #110)
The reconstruction of the private side of the water service shall conform to
the provisions in Section 306 of the Standard Specifications, the California
Plumbing Code and these Special Provisions.
This item of work shall include necessary labor, equipment and material to
reconnect the domestic water service manifold into the three CVWD relocated
water meters. All plumbing work shall be performed by a licensed C-36
Plumbing or other authorized licensed contractor.
Technical Specifications 4000-40
Contractor shall coordinate with CVWD on the placement of the new water
service locations prior to or concurrent with the construction of the manifold,
excluding the final cut over. All effort shall be made by the Contractor to
minimize the water service disruption to the mobile home park, as the
relocated services are they only source of water for the full site.
Water Service Reconstruction will be measured for payment by the Lump
Sum complete, inplace, and shall include all necessary labor, equipment and
material to furnish, install and reconnect a manifold for connection with the
three water meter services per the plans and no additional compensation will
be allowed therefore.
34.0 REMOVE COMMUNICATIONS MANHOLE/VAULT (Bid Item # 50)
Removal of the communication manhole/vault shall conform to the provisions
in Section 300 of the Standard Specifications and these special provisions.
Removals shall consist of but are not limited to, in addition to the work
outlined in Subsection 300-1 of the Standard Specifications.
This item of work shall include the full removal of the communications
manhole/vault as noted on the plans.
300-1.4 Payment. [Add the following]:
Payment for Remove Communications Manhole/Vault measured for
payment by the Each bid price as shown on the Bid Schedule. The
compensation paid shall include full compensation for furnishing all labor,
materials, tools, and equipment for doing all work involved, including
removing, hauling, proper disposal, and no additional compensation will be
allowed therefore.
35.0 BRIDGE LIGHTING (Bid Item #’s 42 & 75)
The components of the Bridge Lighting System shall conform to the
provisions in Section 307 of the Standard Specifications and these Special
Provisions. The Secondary Pull Box for the IID facility, shall conform to the
Imperial Irrigation District Specifications and Standard Drawing and these
Special Provisions.
This item of work shall include but is not limited to all necessary labor,
equipment and material to furnish and install the bridge lighting and
electrical system per the plans. The installation of the bridge lighting system
will include but not limited to furnishing and installation of the bollard light
standards, pull boxes, meter pedestal, conduit, and conductors in place and
complete as accepted in accordance with the plans and specifications. The
Bridge Lighting limits shall start at the Meter Pedestal, with the conduit
between the transformer to the meter pedestal covered under other bid
items.
Technical Specifications 4000-41
Bridge Lighting will be measured for payment by the Lump Sum complete,
inplace, and shall include all necessary labor, equipment and material to
furnish and install the bridge lighting and electrical system per the plans and
no additional compensation will be allowed therefore.
The Meter Pedestal for the bridge lighting will be measured for payment by
the Each, complete, inplace and shall include all necessary labor, equipment
and material to furnish and install the meter pedestal per the plans and no
additional compensation will be allowed therefore.
36.0 CRACK SEAL & SLURRY SEAL (Bid Item #146 – Additive Alternate
“A”)
Slurry seal shall be performed in accordance with Subsections 203-5 and
302-4, “Emulsion-Aggregate Slurry,” of the Standard Specifications, and the
following Provisions. The type of slurry aggregate used shall be the type
designated in the Bid.
Modify the following - Subsection 203-5.2, “Materials” 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 203-3.2, “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 to two-and-
one-half (2 to 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 203-5.4, “Mix Design,” of the
Standard Specifications to include the following:
The Contractor shall submit a Mix Design for approval within fourteen
Technical Specifications 4000-42
(14) working days after “Notice to Submit Mix Design” 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.
Modify the second paragraph of Subsection 203-5.4, “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 302-4.2.2, “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 302-4.3.1, “General,” Table 302-4.3.1 (A) of the Standard
Specifications, the minimum and maximum areas covered per Extra Long Ton
(ELT) are the following:
Slurry Seal Min. Max.
Type II 1150 ft2 / ELT 1350 ft2 /
ELT
Add the following to Subsection 302-4.3.1, “General” of the Standard
Specifications:
Technical Specifications 4000-43
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. 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 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.
Technical Specifications 4000-44
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.
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 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 302-4.3.2,
“Spreading,” of the Standard Specifications with the following:
Technical Specifications 4000-45
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.
Prior to applying slurry seal, all pavement cracks greater than or
equal to 3/8“ 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. 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 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.
Technical Specifications 4000-46
No additional compensation will be allowed for control of nuisance water.
The application of slurry shall not commence until after 8:00 a.m.,
and shall conclude at 1:30 p.m. unless other authorized by the
Engineer. The slurry shall be sufficiently cured to be open to
traffic by 4:00 p.m. 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 the
reseal to the entire street, or complete section thereof, as
determined by the Engineer, which has not been sealed properly
and 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.
Add the following to the third paragraph of the Subsection 302-4.3.2,
“Spreading” 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.
Technical Specifications 4000-47
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 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.
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 either Hyvar mixed
with Roundup or Pramatol mixed with Roundup, 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.
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.
Technical Specifications 4000-48
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.
Measurement and Payment
Crack Seal & Type II Slurry Seal will be measured for payment by the
Square Foot of area slurry sealed. 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.
37.0 IN PAVEMENT SOLAR GUIDE LIGHT (Bid Item #125)
The installation of the in pavement solar guide light shall conform to the
provisions in Section 87 of the State Standard Specifications and these
Special Provisions.
The solar guide light shall be installed according to manufacturer’s IPM
Series: Urban Solar Inset Pathway Marker Installation and Operations Manual
dated 01/14/2020 and outcomes of pre-installation meeting.
In Pavement Solar Guide Light will be measured for payment by the
Each, complete, inplace, and shall include all necessary labor and equipment
to install the light unit in the concrete trail pavement per the plans and no
additional compensation will be allowed therefore.
38.0 THERMOPLASTIC BANDING (CV LINK) (Bid Item #126)
The installation of the thermoplastic banding along the CV Link undercrossing
shall conform to the provisions in Section 84 of the State Standard
Specifications and these Special Provisions.
The material must be able to be applied to asphalt and concrete surfaces
without using a grid template and without forming a pattern in the pavement
substrate. Heating indicators must be evenly distributed on the surface of the
material in order to ensure correct application.
The material must cover the entire application area and be flush across the
surface. Once applied, no part of the pavement surface should be visible in
the application area.
Thermoplastic material must be composed of an ester modified rosin
impervious to degradation by motor fuels, lubricants, etc. in conjunction with
aggregates, pigments, binders, and anti-skid/anti-slip elements. Pigments
and anti-skid/anti-slip elements must be uniformly distributed throughout the
Technical Specifications 4000-49
material. The thermoplastic material conforms to AASHTO designation M249,
with the exception of the relevant differences due to the material being
supplied in preformed state, being non-reflective, and potentially being of a
color different from white or yellow.
Pigments:
White - the material must be manufactured with sufficient titanium dioxide
pigment to meet FHWA Docket No. FHWA-99-6190 Table 5 and Table 6 as
revised and corrected.
Red, Blue, and Yellow - the material must be manufactured with sufficient
pigment to meet FHWA Docket No. FHWA-99-6190 Table 5 and Table 6 as
revised and corrected. The pigment system must not contain heavy metals
nor any carcinogen, as defined in 29 CFR 191031200 in amounts exceeding
permissible limits as specified in relevant Federal Regulations.
Other Colors - the pigment system must not contain heavy metals nor any
carcinogen, as defined in 29 CFR 1910.1200 in amounts exceeding
permissible limits as specified in relevant Federal Regulations.
Heating Indicators:
The top surface of the material must have regularly spaced indents. These
indents shall act as a visual cue during application that the material has
reached a molten state allowing for satisfactory adhesion and proper
embedment of anti-skid/anti-slip elements, and a post-application visual cue
that the application procedures have been followed.
Skid Resistance:
The surface of the preformed thermoplastic material shall contain factory
applied anti-skid material with a minimum hardness of 8 (Mohs scale). Upon
application the material shall provide a minimum skid resistance value of 60
BPN when tested according to ASTM E 303.
Slip Resistance:
The surface of the preformed thermoplastic material shall contain factory
applied anti-skid material with a minimum hardness of 8 (Mohs scale). Upon
application the material shall provide a minimum static friction of coefficient
of 0.6 when tested according to ASTM C 1028 (wet and dry), and a minimum
static coefficient of friction of 0.6 when tested according to ASTM D 2047.
Thickness:
The material must be supplied at a minimum thickness of 0.125 inch thick.
Environmental Resistance:
The material must be resistant to deterioration due to exposure to sunlight,
water, salt or adverse weather conditions and impervious to oil and gasoline.
Interconnected:
Technical Specifications 4000-50
The material must consist of interconnected individual pieces of performed
thermoplastic pavement marking material, which through a variety of colors
and patterns, make up the desired design. The individual pieces in each
material segment, typically 24 in. by 24 in., must be factory assembled and
interconnected with a compatible material so that in the field it is not
necessary to assemble the individual pieces with a material segment. Multiple
patterned border segment options shall be available in the material in either
8 in. by 24 in. or 12 in. by 24 in. sizes.
Add to the last paragraph of section 84-2.03A:
Any newly applied traffic striping/pavement marking that are damaged as a
result of the construction, including wheel markings by public traffic and the
construction equipment, must be reapplied by the Contractor at no additional
cost.
Add to section 84-2.03B:
The pavement shall be clean, dry, and free of debris.
Replace the fourth paragraph of section 84-2.03C(2)a with:
Apply thermoplastic traffic stripes with airless equipment and performed with
a roadliner truck mounted striping machine. Where the configuration or
location of a traffic stripe is such that the use of a roadliner truck mounted
striping is unsuitable, traffic stripes and glass beads may be applied by other
methods and equipment approved by the Engineer.
Replace all of section 84-2.03C(2)b with:
Not Used
Add to the end of section 84-2.03C(2) with:
84-2.03C(2)(f) INTERCONNECTED PREFORMED THERMOPLASTIC PAVEMENT
MARKINGS
The material must be must be applied primarily by using an infrared heater
supplied by the material manufacturer and only by an applicator certified by
the material manufacturer. A handheld propane heat torch supplied by the
material manufacturer may be used un isolated area. The material must be
able to be applied at ambient and road temperatures down to 45 degrees F
without any preheating of the pavement to a specific temperature.
A sealer specified and supplied by the material manufacturer must be applied
to the substrate prior to material application to ensure proper adhesion, and
to provide bond reinforcement for larger volumes of material. The sealer
must be supplied by the material manufacturer in 300/600 ml cartridge along
with sealer application supplies. A thermometer shall not be required during
the application process.
The supplier must provide current application instruction to the certified
applicator.
Technical Specifications 4000-51
Thermoplastic Banding will be measured for payment by the Square
Foot, complete, inplace, and shall include all necessary labor, equipment and
material to furnish and install the pavement marking per the plans and no
additional compensation will be allowed therefore.
39.0 PAINT BRIDGE SOFFIT & EXTERIOR GIRDER (Bid Item #128)
The painting of the bridge soffit and exterior girder per the plans shall
conform to the provisions in Section 78-4.03 of the State Standard
Specifications and these Special Provisions.
This item of work shall include necessary labor, equipment and material
apply the paint coating to the bridge concrete on the bottom soffit (bridge
underside) and edge of the girders along with the Street name on the girder
within the area of the CV Link on the south side of the bridge per the plans.
Paint Bridge Soffit and Exterior Girder will be measured for payment by
the Lump Sum complete, inplace, and shall include all necessary labor,
equipment and material to paint the bridge soffit and exterior girder area per
the plans and no additional compensation will be allowed therefore.
40.0 BRIDGE SOFFIT PANELS (Bid Item #129)
The furnishing and installation of the bridge soffit panels, lights and electrical
connection shall conform to the provisions in Sections 75 and 87 of the State
Standard Specifications and these Special Provisions.
This item of work shall include necessary labor, equipment and materials to
fabricate and install the bridge soffit panels with lights and electrical
connection per the plans.
The soffit panels and associated conduit will be mounted on the underside of
the bridge and that special coordination will be required to mark the
reinforcing steel, prestressing ducts and interior girders so that the fasteners
for the soffit panels do not damage these interior features. Ground
Penetrating Radar or other approved technology is required to determine the
locations of the reinforcing steel prior to fabrication of the panels so the
mounting system can be tailored to accommodate the interior components.
The Contractor shall develop a plan for determining the layout of the steel for
approval by the Engineer at least 30 days prior to the stem and soffit pour of
the bridge.
Note that there are zones for “no drilling” mentioned on the plans prepared
by “Best Signs” for this project.
Bridge Soffit Panels will be measured for payment by the Lump Sum
complete, inplace, and shall include all necessary labor, equipment and
material to fabricate, furnish and install the soffit panels with lights and
electrical connection per the plans and no additional compensation will be
allowed therefore.
Technical Specifications 4000-52
41.0 Pipe Gate (Bid Item #43)
Metal pipe gate shall conform to the provisions in Section 83-1, "Railings and
Barriers," of the State Specifications and these special provisions.
Metal pipe gate shall be galvanized and may be field fabricated. All welded
joints to be ground smooth and sealed/sprayed with silver “galvanized” spray
paint. All welds, grinding, sealing, and installation shall be to the satisfaction
of the City.
Pipe Gate shall be measured and paid for at the contract unit price per
Lineal Foot (LF) of the overall length of the gate, and shall include full
compensation for all labor, materials, tools, and equipment and for doing all
work involved manufacturing of the galvanized metal pipe gate and no
additional compensation will be allowed therefore.
*** END OF ROADWAY SECTION ***
Technical Specifications 4000-53
LANDSCAPE AND IRRIGATION SECTION
1.0 LANDSCAPE AND IRRIGATION (Bid Items #51 – 56 & 111 – 115)
Landscape and irrigation shall conform with Section 800 “Landscape and
Irrigation Materials”, and Section 801 “Landscape and Irrigation Installation”,
of the Standard Specifications and these Special Provisions.
800-1 LANDSCAPE MATERIALS
Material lists and submittals to be approved by City. Nursery visit for
approval by City.
800-1.2.3 Commercial Fertilizer [add the following]:
For bidding purposes, commercial fertilizer will bear the manufacturer’s
guaranteed statement of analysis and will meet the following minimum
requirements: 16% nitrogen, 20% phosphoric acid, 20% potash, when used
from October to March or, a slow release formulation like 16% nitrogen, 6%
phosphoric acid, 8% potash or 15% nitrogen, 4% phosphoric acid, 6%
potash when used from April to September. Fertilizers will be applied at the
rate recommended by the manufacturer and agronomic soils test
recommendations.
800-1.2.4 Organic Soil Amendments – Type 1.
800-1.2.5 Type 7 Mulch (decomposed granite fines) [add the following]:
All planting areas to be covered with 3/8” or 3/4” crushed rock or 6” minus
cobble as per plan. Color for the 3/8” decomposed granite shall be
Brimstone or approved equal. Color for the ¾” crushed rock shall be Desert
Gold or approved equal; color for the 3/8" crushed rock shall be Apache
Brown or approved equal; color for 6” minus cobble shall be Baja Cresta
Rubble or approved equal. Available from Southwest Boulder and Stone,
Phone (800) 540-1147 or equal. Contractor to submit one sample for
approval prior to installation.
800-1.4 Plants
800-1.4.1 General [add the following]:
All plants will be true to name, trees and plant species will be tagged with the
name and size of plants in accordance with the standards of practice
recommended by the American Association of Nurserymen. The root
condition of plants furnished in containers will be checked. The City’s
representative will check all plants of each species or variety from each
source. All plants rendered unsuitable will be rejected and replaced at no
additional cost. In case the sample plants are found to be defective, the
entire lot or lots of plants represented by the defective samples may be
rejected.
All trees and shrubs shall be from nurseries in geographical areas with similar
climates and transported covered. The specified standard height and
diameter will be set by the American Standard for Nursery Stock. City will
visit local nurseries or suppliers.
Technical Specifications 4000-54
800-1.5.2 Headers and Stakes [delete subsection and add the following]:
PermaLoc landscape edging – 3” and 4” height – color: black- asphalt edge.
Install per plans and details.
800-1.12 Certification and Submittals
The following written certifications are required to be submitted to the City
upon delivery of the respective materials to the job site:
a. Total quantity of commercial fertilizers by type
b. Total quantity of inorganic (Crushed Aggregate) and/or organic
mulch
c. Total quantity of Decomposed Granite, Crushed Rock, Boulders
by type
d. Total quantity of plants by type
All submitted products may only be used when approved by the City.
Substitution of materials must receive prior, written authorization from the
City before delivery to the site.
800-2 Irrigation System Materials
800 -2.1 Pipe and Fittings
800-2.1.1 General [add the following]:
Irrigation lateral and pressure lines shall be placed in Schedule 40 PVC pipe
sleeve 2 times the pipe size where occurs under streets or paving and as
directed by the City.
800-2.1.3 Plastic Pipe for use with Solvent Weld Socket or Threaded
Fittings [add the following]
All pipe 3” and smaller shall be Schedule 40 PVC Type 1, Grade 1 pipe. All
plastic pipes will bear the following markings: the manufacturer’s name,
nominal pipe size or schedules.
Main Line Fittings will be solvent welded using pipe primer ASTM F656 and
pipe solvent ASTM D-2564. All other fittings will be solvent welded with pipe
solvent ASTM D-2564, NSF or approved equal.
800 -2.4 Sprinkler Equipment
Irrigation heads will be as noted on drawings.
800-3.3 Controller Unit [add the following]:
The Irrigation Controller shall be of a conventional type that is capable of
fully automatic or manual operation. The controller shall be housed in a wall-
mountable, weather-resistant plastic cabinet with a key-locking cabinet door
suitable for either indoor or outdoor installation. The controller shall have the
ability to be programmed and operated in any one of six languages: English,
Spanish, French, German, Italian, & Portuguese. The display shall show
programming options and operating instructions in the chosen language
without altering the programming or operation information.
Technical Specifications 4000-55
The controller shall have a maximum station capacity of 48 stations. The
controller shall have a Seasonal Adjustment by program which adjusts the
station run time from 0 to 300% in 1% increments. The controller shall also
have a Monthly Seasonal Adjustment of 0 to 300% by month. Station timing
with Seasonal Adjustment shall be from 1 second to 16 hours.
The controller shall have 4 separate and independent programs which can
have different start times, start day cycles, and station run times. Each
program shall have up to 8 start times per day for a total of 32 possible start
times per day. The 4 programs shall be allowed to overlap operation based
on user-defined settings which control the number of simultaneous stations
per program and total for the controller. The controller shall allow up to 8
valves to operate simultaneously per program and total for the controller
including the master valves.
The controller shall have a 365-day calendar with Permanent Day Off feature
that allows a day(s) of the week to be turned off on any user selected
program day cycle. (Custom, Even, Odd, Odd31, & Cyclical). Days set to
Permanent Day Off shall override the normal repeating schedule and not
water on the specified day(s) of the week. The controller shall also have a
Calendar Day Off feature allowing the user to select up to 5 dates up to 365-
days in the future when the controller shall not start programs. The controller
shall incorporate a Rain Delay feature allowing the user to set the number of
days the controller should remain off before automatically returning to the
auto mode.
The controller shall have Cycle+Soak water management software which is
capable of operating each station for a maximum cycle time and a minimum
soak time to reduce water run-off. The maximum cycle time shall not extend
by Seasonal Adjustment.
The controller shall incorporate a FloManager feature providing real-time
flow, power, and station management. FloManager shall manage the number
of stations operating at any point in time based on water source capacity,
station flow rate, number of valves per station; user-defined simultaneous
stations per program and for the controller. The controller shall provide
station priorities to determine the order in which stations shall operate. The
controller shall ignore the station number and instead operate the highest
priority stations first and the lower priority stations last.
The controller shall offer Water Windows for each program. This function sets
the allowed start and stop time where watering is allowed. If the watering
cannot be completed by the time the Water Window closes, the stations with
remaining run time are paused and watering automatically resumes when the
Water Window opens the next time.
The controller shall include an integrated Flow Smart Module with flow
sensing functionality. The Flow Smart Module shall accept sensor decoder
Technical Specifications 4000-56
input from 1 - 5 flow sensors with no flow scaling device required.
A FloWatch Learn Flow Utility which learns the normal flow rate of each
station shall be included. Each time a station runs FloWatch compares the
current real-time flow rate to the learned rate and takes user-defined actions
if high flow, low flow, or no flow is detected. FloWatch shall automatically
determine the location of the flow problem and isolate the problem by
turning off the affected station(s) or master valve(s). FloWatch shall be
compatible with both normally closed and open master valves. A Manual
Master Valve Water Window shall be provided to coordinate daytime manual
watering with the flow sensing. This Water Window shall offer programmable
days of the week and manual watering additional flow rate.
The irrigation controller shall have network communication capability. All
network components shall be noted on plans.
SECTION 801 LANDSCAPE AND IRRIGATION INSTALLATION
801-1 General [add the following]:
Landscape and irrigation installation shall conform to the provisions of
Section 308 of the Standard Specifications and their provisions.
Contractor shall have appropriate licenses, bonds, insurance and City
Business license.
Contractor to coordinate with other trades.
The CONTRACTOR shall visit the construction site and shall take all
measurements and obtain any other information as may be necessary for a
complete and conclusive bid.
The work required is indicated on the drawings and includes but is not
necessarily limited to: soil preparation; installing irrigation system; planting
and staking trees; planting shrubs and ground cover, providing and placing
decomposed granite, cobble, weed control and 180-day plant establishment
period including guaranteeing plants and/or replacing plants (See Section
308-6).
Landscape and irrigation workmanship and materials shall be of the highest
standards and quality.
All landscape materials and installations will be guaranteed against any and
all poor, inadequate or inferior materials and/or workmanship for a period of
not less than 180 days, except all tree species (including palm trees), which
shall be guaranteed for a period of 180 days. During the guarantee period,
any material found to be dead, missing, or in poor condition will be replaced
by the Contractor within five (5) days of written notification. The City’s
representative will be the sole judge as to the condition of the material.
Replacement will be made in accordance with these specifications and the
plans. Material and labor involved in replacing plant material will be provided
by the Contract at no expense.
Technical Specifications 4000-57
All header board and rock/cobble locations to laid out for approval
prior to installation of irrigation lines and re-marked prior to
placement of rock, cobble or other material. Layout shall be
approved by City and/or Landscape Architect prior to installation of
irrigation and/or material.
801-1.1 Inspections
Inspections ensure compliance with the drawings and specifications. The
Contractor will contact the City’s representative at least 48 hours (two
working days) in advance of each inspection. An inspection is required at
each of the following steps including but not limited to:
a) Inspection of rough grade.
b) Acceptance of organic mulch and taking of soil samples.
c) Inspection of soil amendment work.
d) Inspection of plants at nursery and upon delivery to the project site.
e) Layout and acceptance of cobble, crushed rock areas.
f) Irrigation pressure test prior to backfill of trench.
g) Irrigation coverage test.
h) Irrigation main lines, valves, laterals, and wires before backfill or
during irrigation installation.
i) Layout of planting prior to installation.
j) At the start of the establishment period.
k) At the end of the plant establishment period, after final acceptance
prior to maintenance period of the project. Project acceptance will be
confirmed in writing.
l) Completion of hardscape work.
The Contractor is required to notify the City of work activity to be
inspected. Give at least 48 hours’ notice for all work. No work will
proceed until the City has inspected and verbally approved the work
activity.
801-1.2 Soil Testing – Refer to plans for bidding of soil amendments
Soil testing is required to determine fertility of soil and required nutrient
needs. The Contractor must obtain an agronomic soils test for all planting
areas after soil preparation work but before planting. Tests will be performed
by City approved agronomic soil testing laboratory and will include a fertility
and suitability analysis with written recommendations for soil amendments
including post plant fertilization needs. Results should contain a comparison
between the bid/proposed amendments and the actual amendments required
per the soils test. This comparison will be utilized for the evaluation of any
proposed additional costs between the bid amendments and the actual
amendments required.
EC and SAR ratings shall be included.
Technical Specifications 4000-58
The soil report recommendations will take precedence over the minimum
recommended amendment. A copy of the soil’s report will be submitted to
the City for approval.
Soil testing will be considered as included in other items of work and no
additional payment will be made therefor.
801-1.4 Crushed Rock [add the following]:
Decomposed granite will be an imported material 3/8” in diameter
Brimstone. Crushed rock will be an imported material 3/4” in diameter Desert
Gold, 3/8” in diameter for Apache Brown, 6” minus for Baja Cresta Rubble.
Prior to placing crushed rock, fine grade area, removing rocks greater than
1” diameter, moisture condition, and compact sub-grade material. Spread
crushed rock over the planting area to a 2” depth. Apply moisture after
spreading and raking to compact and remove dust. Finish grade of crushed
rock to be 1” below hardscape in planter areas.
801-2 EARTHWORK
801-2.3.1 General [Add the following]:
All grading, mounding and all weed control measures shall be completed
prior to irrigation and planting. This work shall not commence until the
agronomic soil test has been completed. Should 30 calendar days elapse
between completion of soil preparation and commencement of planting, all
areas will be prepared again.
Excess soil will be placed on top of exposed wall footings and compacted to
90% as required to cover 6” of footing with soil. City will employ Soils
Engineer to provide compaction testing. Contractor shall notify City 48 hours’
notice to request soils testing.
Remove rocks, sticks, grass and other undesirable objects unsuitable to
plants.
801-2.3.2 Fertilizers and Conditioning Procedures [Add the
following]:
Fertilizers will be applied according to the manufacturer’s recommendation.
801-2.3.3 Weed Control Measures [Add the following]:
Apply a translocated herbicide and allow sufficient time to completely kill off
all germinated weeds; herbicide to be reapplied as needed to completely
eradicate all germinated weeds. Weed control shall be to the
satisfaction of the City. Refer to the plans.
801-2.4 Finished Grade
All landscape areas will be graded to finish grades, reestablishing flow lines
as approved prior to amending the soil. Finish grades will be inspected upon
completion. The contractor will not proceed with planting work until finish
grades have been inspected and accepted by the City.
Technical Specifications 4000-59
801-4 PLANTING
801-4.1 General [Add the following]:
All plants shall be true to name, and each tree of each plant species will be
tagged with the name and size of plants in accordance with the standards of
practice recommended by the American Association of Nurserymen. The root
condition of plants furnished in containers will be checked. The City’s
representative will check plants of each species or variety from each source.
All plants rendered unsuitable will be rejected and replaced at no additional
cost. In case the sample plants are found to be defective, the entire lot or
lots of plants represented by the defective samples may be rejected.
All trees and shrubs will be transported covered. The specified standard
height and diameter will be set by the American Standard for Nursery Stock.
All planting holes shall be pre-soaked and backfill shall be as recommended
by the soil test report.
Plant locations with flags labeled with the designated
plant/shrub/tree type are to be approved by the City representative.
801-4.5 Tree and Shrub Planting [Add the following]:
The height of the trees will be measured according to ANSI Z60.1 standards.
Grade out planting area prior to planting shrubs. All shrubs will be planted
similarly to the trees, in pre-moistened planting holes, roots loosened and
soil gently compacted around the root ball.
Plant shrubs no closer than outside of the tree’s rootball. Immediately after
planting, water plants.
Trees and shrubs in areas having crushed rock mulch shall be planted two
inches (2”) high and decomposed granite will be installed in those areas the
same day as planting. No decomposed granite/crushed rock is to be placed
on or in the crown of trees or shrubs. Rake smooth these plant basins and
cover rootballs prior to final acceptance of 90-day maintenance period.
801-4.6 Ground Cover [Add the following]:
Grade out planting area prior to planting shrubs and ground cover. All
shrubs and ground cover will be planted similarly to the trees, in pre-
moistened planting holes, roots loosened and soil gently compacted around
the root ball.
Plant shrubs and ground cover no closer than 24 inches to tree trunks and
palms. Immediately after planting, water plants.
801-4.7 Watering [Add the following]:
It will be the Contractor’s responsibility to maintain a balanced watering
program to ensure all plants receive proper amounts of water, well below the
root system of plants. It is the contractor’s responsibility to water (by hand if
Technical Specifications 4000-60
needed) all plant material, already planted, and plants still in their
containers. Any plant material that dies as a result of the contractor’s neglect
shall be replaced by the contractor at no cost to the City. This includes any
equipment needed, labor and materials.
801-5 IRRIGATION SYSTEM INSTALLATION
801-5.1 General [Add the following]:
The drawings are essentially diagrammatic. Minor adjustments may be
required due to differences between the site and drawings.
Dig trenches and support pipe continuously on bottom of the ditch. Lay pipe
to a level grade. Trenching excavation will follow layouts indicated on the
drawings to the depth below finish grades as noted. Provide minimum cover
of 24 inches for main pressure supply lines under pavement, 18 inches of
cover if not under pavement, and 12 inches cover for all lateral lines.
Provide minimum cover of 18 inches, maximum 24 inches for control wires.
Excavation in areas where there are tree roots 2-inches in diameter and
larger will be tunneled under and will be heavily wrapped with wet burlap to
prevent scarring or dying.
New wiring will occupy the same trench and will be installed along the same
route as the pressure supply lines and will be located below the supply lines
wherever possible. Where more than one wire is placed in a trench, the
wiring will be taped together at Intervals of 12 feet and labeled with numbers
at each end of the wire.
Remote control wire will be direct-burial AWG-UF type, sized according to
manufacturer specifications, and in no case smaller than 14-gauge.
Connections shall be either epoxy-sealed packet-type or Penn-Tite
connectors. Common wires for valves shall be white in color. Control wires
shall be black and numbered. An extra numbered wire shall be installed from
controller to each valve location and it shall be different (not white) in color.
An extra valve control wire will be installed for every six (6) remote control
valves. Each extra control wire will be of a different color, extended to last
valve, and be looped into each valve box.
801-5.2 Irrigation Pipeline Installation
801-5.2.3 Plastic Pipeline
All threaded plastic-to-plastic connections will have Teflon tape applied to the
male threads of connection prior to assembly. The number of wraps of
Teflon tape shall be per manufacturer’s recommendations or per industry
standards.
Connect all metal components to plastic pipe connections with a schedule 80
nipple, threaded one end, and a plastic slip coupling. Use Teflon tape on all
male threads prior to assembly.
Technical Specifications 4000-61
801-5.2.5 Sleeving [Add the following]:
If new sleeving is required, install per plan. Prior to backfilling, attach ½” x
2’ long metal pipe at end of pipe for future location assistance.
801-5.4 Sprinkler Head and Emitter Installation and Adjustment
[Add the following]:
Sprinkler heads and drip emitters will be installed as designated on the
drawings and per City Standards. Spacing of the sprinkler heads will not
exceed maximum indicated on the drawings. Drip emitters will be placed 9”-
12” up-slope from plants.
801-5.6 Flushing and Testing
801-5.6.1 General [Add the following]:
Irrigation design is based on available water pressure as indicated by CVWD.
The Contractor will verify working water pressure prior to construction.
Should a discrepancy exist, notify the City prior to beginning Construction
Connections to the installation of the water supply will be at the location
shown on the drawings. Minor changes caused by actual site conditions will
be made at no additional cost to the City. If the water meter and backflow
unit is existing refer to Irrigation plans. Contractor shall run mainline pipe to
the as indicated on the plans.
Prior to installation of irrigation heads, the valves will be opened and full
head of water used to flush out the lines and risers. Sprinkler heads shall
not be installed until flushing the system has been completed.
801-5.6.2 Pipeline Pressure Test [Add the following]:
The main line will be tested for no less than six (6) hours and hold a static
pressure of 125 psi. Lateral lines will be tested for two (2) hours and hold a
static pressure test of 100 psi.
801-6 MAINTENANCE AND PLANT ESTABLISHMENT
801-6.1 General [Add the following]:
The Contractor shall maintain all landscaped areas for a minimum plant
establishment period of not less than ninety (90) days from the date of
written acceptance of the project. The plant establishment period will not
start until the project receives Final, Formal Acceptance by the City Council.
Projects will not be segmented into phases, or accepted in phases. Written
acceptance from the Owner must be obtained to start the plant
establishment period. If the project maintenance fails to continuously meet
standards required, the plant establishment period will be suspended and will
not re-commence until Contractor has corrected all deficiencies.
801-6.2 Maintenance Tasks [Add the following]:
During the contract period, prior to and after formal final acceptance, the
Contractor shall provide weekly maintenance in the planted areas which are
within the work limits of the contract including, but not limited to: 1)
Technical Specifications 4000-62
watering; weekly mowing; weeding; fertilizing and cultivating; and spraying
to keep the plants in a healthy, growing condition and keeping the planted
areas neat and attractive; 2) removing trash a minimum of once a week; 3)
checking and repairing irrigation systems weekly; 4) pruning trees and
shrubs planted under the contract only removing dead, dying or broken
branches; 5) removing wilted flowers; 6) pest and vermin control; and 7) all
crushed rock/gravel and non-stabilized decomposed granite areas shall be
raked weekly to the satisfaction of the City. Note: Do not prune trees or
shrubs without first advising the City.
801-6.3 Replacement Plantings [Add the following]:
After planting and during the plant establishment period in the event any
plant should die, is missing, weak or displays the appearance of necrosis, the
plant will be immediately removed and replaced at the Contractor’s expense.
All replacements must occur within five (5) days of notice. At the end of the
establishment period, all plants will be in a healthy, growing condition and
located as indicated on the plan or as approved by the City.
801-6.4 Fertilizing [Add the following]:
For non-arid plant material, the Contractor will fertilize the plants one (1)
month prior to the end of the establishment period. Follow manufacturer’s
application rate guide and water into planting immediately after applying
fertilizers. Arid plant material will not be fertilized.
801-6.5 Weekly Reports [Add the following]:
The Contractor, as part of this contract, shall submit reports and schedules
as requested. Failure to submit reports and schedules in the time specified
may result in a Performance Deficiency Deduction. The City will supply the
format for these forms. Such reports must be filled out in detail. The
following is a breakdown of required forms and schedules.
The contractor shall submit these reports as they are completed. Weekly
reports shall be filled out by Friday of every week. Payments due shall not
be disbursed unless all reports have been submitted to the City.
801-6.5.1 Schedule of Weekly Maintenance
a) Contractor shall provide a schedule of weekly maintenance identifying
areas to be maintained and a breakdown of when each function shall
be performed.
b) The City will assume that the Contractor will adhere to the schedule.
The City must receive notification of changes at least 12 hours in
advance.
801-6.5.2 Weekly Irrigation Inspection Report
This will be turned in every Friday.
801-6.5.3 Weekly Activity Report
Indicating the following:
Technical Specifications 4000-63
a) Raking of DG
b) Litter pickup
c) Weed control
d) Chemical maintenance - herbicides and pesticide applications
e) Incident/Accident
801-6.5.4 Landfill Diversion Report
801-6.5.5 Fertilization
801-6.6 Performance Deficiencies and Reduction in
Payments Due
The City of La Quinta has set up very specific criteria in which to evaluate the
performance of the Contractor on a weekly basis. If performance by the
Contractor is deficient, the City reserves the right to subtract costs from the
monthly billing and/or hire another contractor to provide the service and
deduct the expense from the contract retention. Since it is difficult to
quantify and assess a value to every aspect of the work, the City shall
implement a standard $100 cost per incident. The following describes
deficiencies:
a) Lack of compliance to specifications (i.e., failure to adequately mow,
edge, pick up litter, sweep/rake, weed, prune, remove dead plant
material, etc.)
b) Failure to provide specified reports or to falsify reports.
c) Failure to supply adequate equipment, labor or supervision.
d) Failure to repair irrigation deficiencies in the allotted time frame.
e) Failure to comply with schedules. Variances may be approved by
request. Delays in part acquisition or adverse weather conditions will
be taken into consideration.
f) Failure to protect public health and safety.
The City reserves the right to cancel and/or assume maintenance duties and
remaining contract amounts shall be deducted from remaining fiscal
commitment.
801-6.7 End of Establishment Period
Approximately one week prior to the end of the establishment period, the
City will conduct a walk-through of the area, noting deficiencies and
problems to be resolved. The Contractor will be required to resolve all noted
items. If the items cannot be resolved within the time remaining, the
establishment period will be extended, without cost to the City, until the
items are corrected.
Measurement and Payment:
Bid Item # 58: Install Landscaping Plant Material & Irrigation
These items shall be paid for on a lump sum (LS) basis and shall include
furnishing all labor, equipment, tools and materials necessary for
construction of landscaping per approved plans. The price of this item shall
also include protecting electrical in place, exporting soil, grading, providing
Technical Specifications 4000-64
and installing trees, shrubs, irrigation system, irrigation controller and any
incidentals for doing the work involved in constructing landscaping per City
Standards and project plans and specifications.
Bid Item #’s 59 - 62: Furnish and Install 3/4” and 3/8” crushed rock, 3/8”
decomposed granite and 6” minus rock in accordance to landscaping plans.
These items shall be paid for on a square foot (SF) basis and shall include
furnishing all labor, equipment, tools and materials necessary for placement
of decomposed granite and crushed rock per direction of City, quantity shown
in bid schedule. The price of this item shall also include any incidentals for
doing the work involved in placing the rock as defined in the SSPWC and the
Special Provisions. No further compensation will be allowed therefore.
Bid Item # 63: 90 Day Maintenance and Plant Establishment
This item shall be paid for on a lump sum (LS) basis and shall include
furnishing all labor, equipment, tools and materials necessary for
maintenance and plant establishment of constructed landscaping per
approved plans. The price of this item shall also include any incidentals for
doing the work involved in maintaining and establishing constructed
landscaping as defined in the project plans and specifications.
*** END OF LANDSCAPE AND IRRIGATION SECTION ***
Technical Specifications 4000-65
BRIDGE SECTION
STANDARD PLANS LIST
ABBREVIATIONS, LINES, SYMBOLS AND LEGEND
A3-, A, B & C ABBREVIATIONS
EXCAVATION AND BACKFILL
A62A EXCAVATION AND BACKFILL – MISCELLANEOUS DETAIL
A62C LIMITS OF PAYMENT FOR EXCAVATION AND BACKFILL – BRIDGE
BRIDGE DETAILS
B0-1 BRIDGE DETAILS
B0-3 BRIDGE DETAILS
B0-5 BRIDGE DETAILS
B0-13 BRIDGE DETAILS
PILES
B2-3 16” AND 24” CAST-IN-DRILL-HOLE CONCRETE PILE
RETAINING WALLS
B3-1 RETAINING WALL TYPE 1 (CASE 1)
B3-7A RETAINING WALL TYPE 6 (CASE 1)
B3-7B RETAINING WALL TYPE 6 (CASE 2)
BOX GIRDER DETAILS
B7-1 BOX GIRDER DETAILS
UTILITY OPENINGS
B7-10 UTILITY OPENING – BOX GIRDER
CAST IN PLACE POST TENSIONED GIRDER
B8-5 CAST IN PLACE POST TENSIONED GIRDER DETAILS
STRUCTURE APPROACH
B9-1 STRUCTURE APPROACH TYPE N (30)
B9-5 STRUCTURE APPROACH SLAB DETAILS
B9-6 STRUCTURE APPROACH DRAINAGE DETAILS
CHAIN LINK RAILING, CABLE RAILING AND TUBULAR HAND RAILING
B11-47 CABLE RAILING
BRIDGE CONCRETE BARRIERS
B11-58 & 59 CONCRETE BARRIER TYPE 736 SW
WATER SUPPLY LINE (BRIDGE)
B14-5 WATER SUPPLY LINES
Technical Specifications 4000-66
GENERAL REQUIREMENTS
The State Standard Specifications as defined in Section 2000 shall govern the work
for the construction of the bridge and structures. 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 vice versa, are executed as if specifically mentioned in both.
DIVISION II GENERAL CONSTRUCTION
10 GENERAL
Replace "Reserved" in section 10-1.01 of the RSS for section 10-1 with:
1 STRUCTURE EXCAVATION (BRIDGE) (Bid Item #57)
Comply with section 19-3 of the Caltrans Standard Specifications.
Payment terms are defined in section 19-3.04 of the Caltrans Standard
Specifications.
This is a Final Pay Item as defined in section 9-1.02C of the Caltrans
Standard Specifications.
2 STRUCTURE BACKFILL (BRIDGE) (Bid Item #58)
Comply with section 19-3 of the Caltrans Standard Specifications.
Payment terms are defined in section 19-3.04 of the Caltrans Standard
Specifications.
This is a Final Pay Item as defined in section 9-1.02C of the Caltrans
Standard Specifications.
3 STRUCTURE EXCAVATION (RET WALL) (Bid Items #59 & 134)
Comply with section 19-3 of the Caltrans Standard Specifications.
Payment terms are defined in section 19-3.04 of the Caltrans Standard
Specifications.
This is a Final Pay Item as defined in section 9-1.02C of the Caltrans
Standard Specifications.
4 STRUCTURE BACKFILL (RET WALL) (Bid Items #60 & 135)
Comply with section 19-3 of the Caltrans Standard Specifications.
Technical Specifications 4000-67
Payment terms are defined in section 19-3.04 of the Caltrans Standard
Specifications.
This is a Final Pay Item as defined in section 9-1.02C of the Caltrans
Standard Specifications.
5 24" CAST-IN-DRILLED-HOLE-PILE (Bid Item #61)
Comply with section 49-3 of the Caltrans Standard Specifications and these
special provisions.
Payment scope complies with section 9-1.03 of the Caltrans Standard
Specifications.
This is a Final Pay Item as defined in section 9-1.02C of the Caltrans
Standard Specifications.
6 60" CAST-IN-DRILLED-HOLE-PILE (Bid Item #62)
Comply with section 49-3 of the Caltrans Standard Specifications and these
special provisions.
Payment scope complies with section 9-1.03 of the Caltrans Standard
Specifications.
This is a Final Pay Item as defined in section 9-1.02C of the Caltrans
Standard Specifications.
7 PRESTREESING CAST-IN-PLACE CONCRETE (Bid Item #63)
Comply with section 49-3 of the Caltrans Standard Specifications and these
special provisions.
Payment scope complies with section 9-1.03 of the Caltrans Standard
Specifications.
This is a Final Pay Item as defined in section 9-1.02C of the Caltrans
Standard Specifications.
8 STRUCTURAL CONCRETE, BRIDGE POLYMER FIBER (f'c=4500 PSI) (Bid Item
#64)
Comply with section 51 of the Caltrans Standard Specifications.
This is a Final Pay Item as defined in section 9-1.02C of the Caltrans
Standard Specifications.
9 STRUCTURAL CONCRETE (BRIDGE FOOTING) (Bid Item #65)
Comply with section 51 of the Caltrans Standard Specifications.
This is a Final Pay Item as defined in section 9-1.02C of the Caltrans
Technical Specifications 4000-68
Standard Specifications.
10 STRUCTURAL CONCRETE (BRIDGE) (Bid Item #66)
Comply with section 51 of the Caltrans Standard Specifications.
This is a Final Pay Item as defined in section 9-1.02C of the Caltrans
Standard Specifications.
11 STRUCTURAL CONCRETE (RET WALL) (Bid Items #67 & 136)
Comply with section 51 of the Caltrans Standard Specifications.
This is a Final Pay Item as defined in section 9-1.02C of the Caltrans
Standard Specifications.
12 STRUCTURAL CONCRETE, APPROACH SLAB (TYPE N) (Bid Item #68)
Comply with section 51 of the Caltrans Standard Specifications.
This is a Final Pay Item as defined in section 9-1.02C of the Caltrans
Standard Specifications.
13 MINOR CONCRETE (MEDIAN PAVING, COLORED & STAMPED) (Bid Item #69)
Comply with section 51 of the Caltrans Standard Specifications.
This is a Final Pay Item as defined in section 9-1.02C of the Caltrans
Standard Specifications.
14 JOINT SEAL (MR= 2 1/2") (Bid Item #70)
Comply with section 51-2 of the Caltrans Standard Specification and these
special provisions.
15 BAR REINFORCING STEEL (BRIDGE) (Bid Item #71)
Comply with section 52 of the Caltrans Standard Specifications.
This is a Final Pay Item as defined in section 9-1.02C of the Caltrans
Standard Specifications.
16 BAR REINFORCING STEEL (RET WALL) (Bid Items #72 & 137)
Comply with section 52 of the Caltrans Standard Specifications.
This is a Final Pay Item as defined in section 9-1.02C of the Caltrans
Standard Specifications.
17 CONCRETE BARRIER (TYPE 732 SW MOD) (Bid Item #73)
Comply with section 83-2 of the Caltrans Standard Specifications.
18 METAL RAILING (BRIDGE) (Bid Item #74)
Comply with section 83-2 of the Caltrans Standard Specifications.
19 BRIDGE LIGHTING & PULL BOXES (Bid Item #75)
Technical Specifications 4000-69
Comply with section 87 of the Caltrans Standard Specifications.
20 MISCELLANEOUS METAL - CONDUIT SUPPORT SYSTEM (BRIDGE) (Bid Item
#76)
Comply with section 75 of the Caltrans Standard Specifications.
Submit a schedule of values for this lump sum bid item according to section
9-1.16B of the Caltrans Standard Specifications.
Technical Specifications 4000-70
DIVISION III GRADING
Bid Items and Applicable Sections
Item code Item description Applicable
section
192003 STRUCTURE EXCAVATION (BRIDGE) 19
192037 STRUCTURE EXCAVATION (RETAINING
WALL) 19
193003 STRUCTURE BACKFILL (BRIDGE) 19
193013 STRUCTURE BACKFILL (RETAINING
WALL) 19
19 EARTHWORK
Replace Reserved in section 19-3.03B(3) with:
Excavate for pier columns such that concrete is placed against firm, undisturbed
material on the bottom and sides of the excavation, at or outside the neat lines of
the pier columns.
Adequately support the excavation using shoring, lagging, casings, liners, or other
bracing.
Rock bolts and wire mesh may remain in place.
Steel shoring, steel and timber lagging, steel casings, steel liners, and other steel
bracing may remain in place, subject to the following requirements:
1. Bracing remaining in place must be the minimum necessary to safely support
the excavation.
2. Place bracing in an open arrangement with enough clearance between braces to
allow concrete to flow around the bracing and provide the required clearance to
the reinforcement.
3. Steel casings, liners, and lagging must be outside the neat lines of the pier
columns.
4. Perforate steel casings and liners with holes of 6-inch minimum diameter or
place in an open arrangement such that at least 50 percent of the area of the
casings and liners allows the ready flow of concrete through and around
openings.
5. Steel and timber lagging must be in an open arrangement with the area of
lagging at most 50 percent of the area of the sides of the excavation. The
lagging must allow ready flow of concrete through and around openings.
6. Distribute open areas in casings, liners, and lagging uniformly over the sides of
the excavation for the full depth of the pier column.
Remove timber bracing extending across pier columns within the neat lines of the
columns before or during concrete placement.
Technical Specifications 4000-71
DIVISION VI STRUCTURES
Bid Items and Applicable Sections
Item
code Item description Applicable
section
490603 24” CAST-IN-DRILLED-HOLE CONCRETE
PILING 49
490609 60” CAST-IN-DRILLED-HOLE CONCRETE
PILING 49
500001 PRESTRESSING CAST-IN-PLACE CONCRETE 50
510051 STRUCTURAL CONCRETE, BRIDGE FOOTING 52, 90
510053 STRUCTURAL CONCRETE, BRIDGE
POLYFIBER (fc=4500psi) 52, 90
510053 STRUCTURAL CONCRETE, BRIDGE
(fc=4000psi) 52, 90
510060 STRUCTURAL CONCRETE, RETAINING WALL 52, 90
51008X STRUCTURAL CONCRETE, APPROACH SLAB
(TYPE N30) 52, 90
510509 MINOR CONCRETE (MEDIAN PAVING,
COLORED & STAMPED) 52, 90
519092 JOINT SEAL ASSEMBLY (MR 4”) 51
520102 BAR REINFORCING STEEL (BRIDGE) 52
520103 BAR REINFORCING STEEL (RETAINING
WALL) 52
49 PILING
Add to Section 49-1.03:
Expect difficult pile installation due the presence of interbedded layers of loose to
medium dense, predominantly cohesionless soils with some gravel and low
moisture contents. CIDH piles if left unsupported anytime during construction are
susceptible to caving. Soil caving can result in significant shaft construction
difficulties and/or anomalies. CIDH anomalies result in not only construction
difficulties and additional foundation effort but also compromised and unknown
design shaft capacities. Thus, every effort should be made in selecting the
appropriate means and methods to prevent any anomalies while constructing CIDH
piles.
The contractor must be responsible for preventing soil caving and constructing
CIDH piles free of anomalies. To prevent or minimize the potential for soil caving,
we require using either full-depth temporary steel casing or wet (mud) method for
the construction of the CIDH piles at this site.
1) Temporary casing if used shall be installed with impact hammer. The
contractor is response for selecting the temporary casing and the hammer
size used, and for selecting appropriate means and methods for withdrawing
Technical Specifications 4000-72
the casing without compromising the integrity of the CIDH piles or the Type I
shafts. Hard and/or difficult driving and/or withdrawal conditions should be
anticipated due to the presence of interbedded soil layers of varying
types/composition, and strength and stiffness, including thick layers of dense
to very dense sands with gravel.
2) If wet (mud) construction method is used, the CIDH piles shall be installed
with PVC inspection pipes as per Caltrans MTD 3-1 for Gamma-Gamma and
Cross-hole Sonic Logging (CSL) testing.
The potential for side instabilities or soil caving with the CIDH drilled holes
can be significantly reduced using wet method of construction. Care is still
necessary during drilling the hole, cleaning the bottom of the hole to be firm
and free of loose soils or other foreign matter, placement of the
reinforcement case and pouring concrete. Concrete shall not be contaminated
with mud and/or soils.
The bottom of the CIDH holes shall be verified to be clean, free of any loose soils
and firm prior to the placement of the reinforcement cage. Concrete shall be poured
carefully to obtain a full size/section at the bottom of the drilled shafts.
Groundwater was not encountered in borings at the time of site exploration.
However perched groundwater and seepage may be encountered in the excavations
and/or holes drilled at the site at any time of the year. CIDH piles may encounter
groundwater seepage and the potential for soil caving or sloughing of sandy soil
and gravel from the side of the holes, if not supported by temporary casing. The
contractor shall be responsible for maintaining the stability of the hole at all times
during construction and obtaining a clean and firm condition of the CIDH pile hole
prior to the placement of reinforcement and/or concrete.
To avoid reduction in the ground stability and shaft nominal resistance, the amount
of time the CIDH drill holes are kept open and/or unfilled with reinforcement and
concrete should be minimized. All open holes should be backfilled as completed
shafts during the same work day. No CIDH hole should be permitted to be left open
overnight.
Add to section 49-3.02B(6)(c):
The synthetic slurry must be one of the materials shown in the following table:
Technical Specifications 4000-73
Material Manufacturer
SlurryPro CDP KB INTERNATIONAL LLC
735 BOARD ST STE 209
CHATTANOOGA TN 37402
(423) 266-6964
Super Mud PDS CO INC
105 W SHARP ST
EL DORADO AR 71731
(870) 863-5707
Shore Pac GCV CETCO CONSTRUCTION DRILLING PRODUCTS
2870 FORBS AVE
HOFFMAN ESTATES IL 60192
(800) 527-9948
Terragel or Novagel
Polymer
GEO-TECH SERVICES LLC
220 N. ZAPATA HWY STE 11A-449A
LAREDO TX 78043
(210) 259-6386
BIG FOOT MATRIX CONSTRUCTION PRODUCTS
50 S MAIN ST STE 200
NAPERVILLE IL 60540
(877) 591-3137
POLY-BORE BAROID INDUSTRIAL DRILLING PRODUCTS
3000 N SAM HOUSTON PKWY EAST
HOUSTON TX 77032
(877) 379-7412
Use synthetic slurries in compliance with the manufacturer's instructions. Synthetic
slurries shown in the above table may not be appropriate for a given job site.
Synthetic slurries must comply with the Department's requirements for synthetic
slurries to be included in the above table. The requirements are available from the
Offices of Structure Design, P.O. Box 168041, MS# 9-4/11G, Sacramento, CA
95816-8041.
Technical Specifications 4000-74
SlurryPro CDP synthetic slurry must comply with the requirements shown in the
following table:
SlurryPro CDP
Quality characteristic Test method Requirement
Density Mud weight (density),
API RP 13B-1,
section 4
During drilling (pcf)
≤ 67.0a
Before final cleaning and
immediately before placing concrete
(pcf)
≤ 64.0a
Viscosity Marsh funnel and cup.
API RP 13B-1, section
6.2
During drilling (sec/qt) 50–120
Before final cleaning and
immediately before placing concrete
(sec/qt)
≤ 70
pH Glass electrode pH
meter or pH paper
6.0–11.5
Sand content, percent by volume Sand,
API RP 13B-1, section
9
Before final cleaning and
immediately before placing concrete
(%)
≤ 1.0
NOTE: Slurry temperature must be at least 40 °F when tested.
aIf authorized, you may use slurry in a salt water environment. The
allowable density of slurry in a salt water environment may be increased by
2 pcf.
Super Mud synthetic slurry must comply with the requirements shown in the
following table:
Super Mud
Quality characteristic Test method Requirement
Density Mud weight (density),
API RP 13B-1,
section 4
During drilling (pcf)
≤ 64.0a
Before final cleaning and immediately
before placing concrete (pcf)
≤ 64.0a
Viscosity Marsh funnel and cup.
API RP 13B-1, section 6.2
During drilling (sec/qt) 32–60
Before final cleaning and immediately
before placing concrete (sec/qt)
≤ 60
pH Glass electrode pH meter
or pH paper
8.0–10.0
Sand content, percent by volume Sand,
API RP 13B-1, section 9
Before final cleaning and immediately
before placing concrete (%)
≤ 1.0
NOTE: Slurry temperature must be at least 40 °F when tested.
aIf authorized, you may use slurry in a salt water environment. The
allowable density of slurry in a salt water environment may be increased by
2 pcf.
Technical Specifications 4000-75
Shore Pac GCV synthetic slurry must comply with the requirements shown in the
following table:
Shore Pac GCV
Quality characteristic Test method Requirement
Density Mud weight (density),
API RP 13B-1,
section 4
During drilling (pcf)
≤ 64.0a
Before final cleaning and immediately
before placing concrete (pcf)
≤ 64.0a
Viscosity Marsh funnel and cup.
API RP 13B-1, section 6.2
During drilling (sec/qt) 33–74
Before final cleaning and immediately
before placing concrete (sec/qt)
≤ 57
pH Glass electrode pH meter
or pH paper
8.0–11.0
Sand content, percent by volume Sand,
API RP 13B-1, section 9
Before final cleaning and immediately
before placing concrete (%)
≤ 1.0
NOTE: Slurry temperature must be at least 40 °F when tested.
aIf authorized, you may use slurry in a salt water environment. The
allowable density of slurry in a salt water environment may be increased by
2 pcf.
Terragel or Novagel Polymer synthetic slurry must comply with the requirements
shown in the following table:
Terragel or Novagel Polymer
Quality characteristic Test method Requirement
Density Mud weight (density),
API RP 13B-1,
section 4
During drilling (pcf)
≤ 67.0a
Before final cleaning and immediately
before placing concrete (pcf)
≤ 64.0a
Viscosity Marsh funnel and cup.
API RP 13B-1, section 6.2
During drilling (sec/qt) 45–104
Before final cleaning and immediately
before placing concrete (sec/qt)
≤ 104
pH Glass electrode pH meter
or pH paper
6.0–11.5
Sand content, percent by volume Sand,
API RP 13B-1, section 9
Before final cleaning and immediately
before placing concrete (%)
≤ 1.0
NOTE: Slurry temperature must be at least 40 °F when tested.
aIf authorized, you may use slurry in a salt water environment. The
allowable density of slurry in a salt water environment may be increased by
2 pcf.
Technical Specifications 4000-76
BIG-FOOT synthetic slurry must comply with the requirements shown in the
following table:
BIG-FOOT
Quality characteristic Test method Requirement
Density Mud weight (density),
API RP 13B-1,
section 4
During drilling (pcf)
≤ 64.0a
Before final cleaning and immediately
before placing concrete (pcf)
≤ 64.0a
Viscosity Marsh funnel and cup.
API RP 13B-1, section 6.2
During drilling (sec/qt) 30–125
Before final cleaning and immediately
before placing concrete (sec/qt)
55-114
pH Glass electrode pH meter
or pH paper
8.5–10.5
Sand content, percent by volume Sand,
API RP 13B-1, section 9
Before final cleaning and immediately
before placing concrete (%)
≤ 1.0
NOTE: Slurry temperature must be at least 40 °F when tested.
aIf authorized, you may use slurry in a salt water environment. The
allowable density of slurry in a salt water environment may be increased by
2 pcf.
POLY-BORE synthetic slurry must comply with the requirements shown in the
following table:
POLY-BORE
Quality characteristic Test method Requirement
Density Mud weight (density),
API RP 13B-1,
section 4
During drilling (pcf)
62.8-65.8a
Before final cleaning and immediately
before placing concrete (pcf)
62.8-64.0a
Viscosity Marsh funnel and cup.
API RP 13B-1, section 6.2
During drilling (sec/qt) 50–80
Before final cleaning and immediately
before placing concrete (sec/qt)
50-80
pH Glass electrode pH meter
or pH paper
7.0–10.0
Sand content, percent by volume Sand,
API RP 13B-1, section 9
Before final cleaning and immediately
before placing concrete (%)
≤ 1.0
NOTE: Slurry temperature must be at least 40 °F when tested.
aIf authorized, you may use slurry in a salt water environment. The
allowable density of slurry in a salt water environment may be increased by
2 pcf.
Technical Specifications 4000-77
Replace Reserved in section 49-3.02B(6)(d) with:
You may use water as slurry if a casing is used for the entire length of the drilled
hole.
Water slurry must comply with the requirements shown in the following table:
Water Slurry Requirements
Quality characteristic Test method Requirement
Density Mud weight
(density),
API RP 13B-1
section 4
Before final cleaning and
immediately before placing
concrete (pcf)
63.5a
Sand content Sand,
Before final cleaning and
immediately before placing
concrete (%)
API RP 13B-1,
section 9
≤ 0.5
aIf authorized, you may use salt water slurry. The allowable density of
the slurry may be increased by 2 pcf.
50 PRESTRESSING CONCRETE
Replace the introductory clause of the 1st paragraph of section 50-
1.01C(4) with:
The details shown for CIP PS box girder bridges are based on a combination of
bonded partial-length tendon and bonded full-length draped tendon prestressing
systems. You may submit a VECP for an alternative prestressing system that varies
the percentage of bonded partial-length tendons and bonded full-length draped
tendons if the proposed system and associated details comply with the following
requirements:
51 CONCRETE STRUCTURES
Add to section 51-1.01C(1):
If the methacrylate crack treatment is applied to a bridge deck within 100 feet of a
residence, business, or public space, submit a public safety plan. Include with the
submittal:
1. Copy of public notification letter with a list of delivery addresses and posting
locations. The letter must describe the work to be performed and state the
treatment work locations, dates, and times. Deliver copies of the letter to
residences and businesses within 100 feet of the treatment work and to local fire
and police officials, at least 7 days before starting treatment activities. Post a
copy of the letter at the job site.
2. Airborne emissions monitoring plan. Plan must include monitoring point locations.
A CIH certified in comprehensive practice by the American Board of Industrial
Hygiene must prepare and execute the plan.
Technical Specifications 4000-78
3. Action plan for protecting the public if levels of airborne emissions exceed
permissible levels.
4. Copy of the CIH's certification.
After completing methacrylate crack treatment activities, submit results from
monitoring production airborne emissions as an informational submittal.
Replace Reserved in section 51-1.01D(1) with:
The job site must have at least 4 airborne emissions monitoring points, including
the mixing point, application point, and point of nearest public contact. Monitor
airborne emissions during methacrylate crack treatment activities.
Replace the 2nd paragraph of section 51-1.03H with:
Cure the top surface of bridge decks by (1) misting and (2) the water method using
a curing medium under section 90-1.03B(2). After strike off, immediately and
continuously mist the deck with an atomizing nozzle that forms a mist and not a
spray. Continue misting until the curing medium has been placed and the
application of water for the water method has started. At the end of the curing
period, remove the curing medium and apply curing compound on the top surface
of the bridge deck during the same work shift under section 90-1.03B(3). The
curing compound must be curing compound no.
Delete the 4th paragraph of section 51-1.03H.
DIVISION VIII MISCELLANEOUS CONSTRUCTION
Bid Items and Applicable Sections
Item
code Item description Applicable
section
71026X REMOVE CONCRETE/ROCK (LOW WATER
CROSSING) 71
7505XX MISCELLANEOUS METAL – CONDUIT SUPPORT
SYSTEM (BRIDGE) 75, 87
DIVISION IX TRAFFIC CONTROL FACILITIES
Bid Items and Applicable Sections
Item
code Item description Applicable
section
833000 METAL RAILING 83
833142 CONCRETE BARRIER (TYPE 732 SW MOD ) 83
839521 CABLE RAILING 83
8702XX BRIDGE LIGHTING & PULL BOXES 87
Technical Specifications 4000-79
DIVISION XI MATERIALS
Add to section 90-1.01C:
90-1.01C(11) Polymer Fibers
Submit fiber manufacturer's product data and instructions for use.
Submit a certificate of compliance for each shipment and type of fibers.
*** END OF BRIDGE SECTION ***
Technical Specifications 4000-80
IID ELECTRICAL SECTION
GENERAL REQUIREMENTS
The Imperial Irrigation District (IID) Standard Specifications and Standard Drawing
contained within the Developer Energy Planning Guide, Rev 4.6 shall govern the
electrical distribution underground system on this project. All language in the IID
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 vice versa, are executed as if specifically mentioned in both. All
applicable standard details have been provided in the Appendix.
1.0 DRY UTILITY TRENCHING (Bid Items # 137)
Trenching shall conform to the requirements of Section 306, Underground
Conduit Installation of the Standard Specifications, and these Special
Provisions.
The Contractor shall construct the joint trench in accordance with the Plans,
the Joint Trench Utility Sheet and Imperial Irrigation District (IID) Plans. The
Contractor shall follow the Joint Trench Utility Plans for the location of the IID
trench location. The Contractor will be responsible for furnishing and
placement of the facilities as noted on the plans, including but not limited to
conduit, conduit duct bank separators, conduit holder assemblies, vaults,
pads and cabinets for the IID facilities. The Contractor will be responsible for
the coordination with both Spectrum and Frontier on the placement of their
conduit within the joint trench section as noted on the Joint Trench Plans.
The Contractor will also be responsible for coordinating with both Frontier
and Spectrum to ensure timely installation of the conduit.
The contract unit price per Linear Foot for Dry Utility Trenching shall
include but not limited to furnishing and installation of the sand shade covers
per the requirements of each utility company, conduit encasement,
excavation of the joint trench, conduit bedding, compaction, and backfill, and
surface restoration as accepted by the City in accordance with the plans and
specifications and no additional compensation will be allowed therefore.
2.0 LARGE VAULT & TRANSFORMER PAD (Bid Items #139 & 145)
The Large Vault and Single Phase Transformer Pad shall conform to IID
Standard Drawings and these Special Provisions.
Payment for Large Vault and Transformer Pad 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
placing the structure per the plan.
Technical Specifications 4000-81
3.0 CONDUIT SUPPORT SYSTEM (Bid Item # 76)
Conduit Support System placed within the bridge cells shall conform to the
provisions for miscellaneous bridge metal in Section 75, "Miscellaneous
Metal," of the State Specifications and these special provisions.
Attention is directed to "Welding" of these special provisions.
Miscellaneous metal (bridge) shall consist of the miscellaneous bridge metal
items listed in Section 75 1.03, "Miscellaneous Bridge Metal," of the State
Specifications and the following:
A. Conduit Support System
The Conduit Support System shall be fabricated and installed per the IID
plans, for the placement of the IID conduit within the bridge cell.
Payment for Conduit Support System shall be paid for at the Lump Sum
contract price and no additional compensation will be allowed. Payment shall
include full compensation for furnishing all labor, materials, tools, equipment,
and doing all work involved in furnishing and installing the conduit supports
as specified.
*** END OF IID ELECTRICAL SECTION ***
Technical Specifications 4000-82
CVWD SEWER AND WATER SECTION
GENERAL REQUIREMENTS
The Coachella Valley Water District (CVWD) Standard Specifications for
Construction of Sanitary Sewer and Domestic Water Main shall govern the sewer
and water work on this project. All language in the CVWD 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 vice versa, are executed as if specifically mentioned in both. All
applicable standard details have been provided in the Appendix.
1.0 ADJUST TO GRADE SEWER MANHOLE (Bid Item #147)
Adjust sewer manhole frame and cover to grade shall conform the latest
Coachella Valley Water District Standard Specifications for Construction of
Sanitary Sewer Systems and these Special Provisions.
The Contractor shall excavate and remove the existing frame and casting,
remove adjusting rings as necessary, and reinstall the frame and casting to
the final surface elevation in in accordance with CVWD Standard Drawing No.
S-1B. All work shall be completed under direct CVWD inspection.
Payment for Adjust to Grade Sewer Manhole Lid and Frame to Grade
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 and salvaging of the
existing cleanout can and frame, placement of salvaged cleanout can and
frame, placement of concrete collar, backfill and compaction per the plan and
standard drawings and no additional compensation will be allowed therefore.
2.0 ADJUST TO GRADE, SEWER CLEAN OUT (Bid Item #148)
Adjust sewer clean out valve can and lid to grade shall conform the latest
Coachella Valley Water District Standard Specifications for Construction of
Sanitary Sewer Systems and these Special Provisions.
The Contractor shall excavate to the top of the existing clean out cap,
remove the existing cast iron well and adjust the clean out frame and lid to
grade in accordance with CVWD Standard Drawing No. S-6.
Payment for Adjust Sewer Cleanout to Grade 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 and salvaging of the existing cleanout can and frame,
placement of salvaged cleanout can and frame, placement of concrete collar,
backfill and compaction per the plan and standard drawings and no additional
compensation will be allowed therefore.
Technical Specifications 4000-83
3.0 REMOVE SEWER MANHOLE, SEWER PIPE AND WATER MAIN (Bid Item
#’s 77 – 78, 83 – 84 & 88 – 89)
Removals shall conform to the provisions in Section 300-1, “Clearing and
Grubbing”, of the Standard Specifications and these Special Provisions:
300-1.3.2 Requirements. [Add the following]:
(d) Miscellaneous
In addition to the work outlined in Subsection 300-1 of the Standard
Specifications, the following items of work are included under Clearing and
Grubbing unless otherwise covered by a specific bid item.
(1) Provide all necessary water for construction activities. The contractor
shall make arrangements with CVWD to obtain construction water
meter(s). The cost of the water meters shall be included in the cost of
related items.
(2) Removal of structures, as directed by Engineer to be removed or
abandoned. This item includes removal of sewer manholes, sewer pipe,
water main pipe and fittings, pipe encasement and steel sleeve.
300-1.4 Payment. [Add the following]:
Remove Sewer Manhole and Remove Blind Flange shall be paid for at
the Each contract price and no additional compensation will be allowed.
Payment shall include full compensation for furnishing all labor, materials,
tools, equipment, and doing all work involved in removal and proper disposal
of the manhole and blind flange as specified.
Remove Sewer Pipe, Remove Structural Encasement, Remove Steel
Sleeve and Remove Water Main shall be paid for at the Lineal Foot
contract price and no additional compensation will be allowed. Payment shall
include full compensation for furnishing all labor, materials, tools, equipment,
and doing all work involved in removal and proper disposal of the pipe,
encasements and sleeves as specified.
4.0 RELOCATE SEWER CLEAN OUT (Bid Item #149)
Relocation of the Sewer Clean Out shall conform to the provisions in Section
33-39-23, “Sewer Clean-Outs”, of the CVWD Standard Specifications and
these Special Provisions:
Relocate Sewer Cleanout shall be paid for at the Each contract price and
no additional compensation will be allowed. Payment shall include full
compensation for furnishing all labor, materials, tools, equipment, and doing
all work involved in removal and proper disposal and the installation of a new
sewer clean out as specified.
Technical Specifications 4000-84
5.0 SEWER MANHOLE (Bid Item #’s 79 – 80 & 150)
Sewer Manhole installation and Reconstruct Sewer Manhole shall conform to
the provisions in Section 33 05 13, “Manholes and Precast Vaults” and 33 08
30 “Connection to Sanitary Sewer System”, of the CVWD Standard
Specifications and these Special Provisions:
Reconstruction of the manhole structure shall consist of salvaging of the
existing frame, cover and top concrete cone section. The Contractor shall
add to the existing manhole shaft the required height to conform to the new
finished grade elevations, minus the cone, frame and cover. Following the
placement of the additional manhole sections, the Contractor shall place the
salvaged cone, frame and cover and complete the backfill and compaction
operations.
48” Sewer Manhole shall be paid for at the Each contract price and no
additional compensation will be allowed. Payment shall include full
compensation for all labor, materials, tools, and equipment and for doing all
work involved in placing the concrete structure per the plan. Connect the
existing and new sewer pipe to the new manhole shall be incidental to the
placement of the sewer manhole and no additional compensation will be
allowed therefore.
Reconstruct Sewer Manhole shall be paid for at the Lineal Foot contract
price and no additional compensation will be allowed. Payment shall include
full compensation for all labor, materials, tools, and equipment and for doing
all work involved in reconstructing the sewer manhole structure per the plan.
6.0 PVC SEWER PIPE (Bid Item #’s 81 – 82)
PVC Sewer Pipe shall conform to the provisions in Section 33 31 11, “PVC
Pipe for Sanitary Sewer”, of the CVWD Standard Specifications, Section 306-
7.7 of the Standard Specifications and these Special Provisions.
12” and 18” PVC Sewer Pipe shall be paid for at the Lineal Foot contract
price and no additional compensation will be allowed. Payment shall include
full compensation for furnishing all labor, materials, tools, equipment, and
doing all work involved in the placement of the sewer pipe as specified.
7.0 STRUCTURAL ENCASEMENT (Bid Item #85)
PVC Sewer Pipe shall conform to the provisions of the CVWD Standard
Specifications and these Special Provisions.
Structural Encasement shall be paid for at the Lineal Foot contract price
and no additional compensation will be allowed. Payment shall include full
compensation for furnishing all labor, materials, tools, equipment, and doing
all work involved in the placement of the concrete encasement as specified.
Technical Specifications 4000-85
8.0 SEWER BYPASS (Bid Item #86)
The temporary Sewer Bypass shall conform to the provisions in Section 33 23
19.10, “Sewer Bypass System”, of the CVWD Standard Specifications and
these Special Provisions:
Sewer Bypass shall be paid for at the Lump Sum contract price and no
additional compensation will be allowed. Payment shall include full
compensation for furnishing all labor, materials, tools, equipment, and doing
all work involved in providing a bypass for both sewer main reconstruction
operations as specified.
9.0 ADJUST TO GRADE, WATER VALVE (Bid Item #151)
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.
Payment for Adjust to Grade Water Valve Can and Lid 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.
10.0 RELOCATE AIR VAC ASSEMBLY (Bid Item #152)
Relocate Air Vac Assembly shall conform to the provisions in Section 33 12
18, “Combination Air/Vacuum Valve Assemblies”, of the CVWD Standard
Specifications and these Special Provisions.
Payment for Relocate Air Vac Assembly 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 air vac assembly, placement of an air vac
assembly, frame, valve cover and concrete collar, backfill and compaction per
the plan and standard drawings and no additional compensation will be
allowed therefore.
11.0 DIP WATERMAIN (Bid Item #87)
Ductile Iron Water Pipe and Fittings shall conform to the provisions in Section
33 11 13 “Piping Systems and Appurtenances”, 33 11 13.10, “Ductile Iron
Water Pipe and Fittings”, 33 13 00 “Disinfection of Piping”, and 33 14 00
“Hydrostatic Testing of Pressure Pipelines” of the CVWD Standard
Specifications and these Special Provisions.
Technical Specifications 4000-86
Contractor shall initiate the required water main relocation as a first
order of construction work, as previously noted in Section 2000,
4.2.1. In addition, the required ductile iron pipe, Class 350, shall be
included in the procurement period prior to the City’s Notice to
Proceed as noted in Section 2000, 4.2.7.
The ductile iron pipe and fitting shall be Class 350, with restrained joints, V-
Bio enhanced polyethylene wrapped, and zinc coated. The Contractor will be
responsible for disinfection of the new pipeline along with the hydrostatic
testing according to the CVWD provisions.
CVWD forces will install a DIP wye and butterfly valves at both the northern
and southern points of connection for the new water main. The Contractor
will be responsible for scheduling and coordination with CVWD on the timing
for the installation of these connector assemblies. Following the installation
and acceptance of the new line by CVWD, CVWD forces will exercise the
valve at the wye assembly and install the blind flange prior to the Contractor
removal of the existing DIP pipe. The Contractor will be responsible for all
scheduling and coordination with CVWD on the timing for the installation of
these connector assemblies and placement of the blind flange on the existing
main.
Payment for 18” CL 350 DIP Watermain w/ Restrained Joints, Zinc
coated and V Bio Poly Wrapped shall be measured and paid for at the
contract unit price per Lineal Foot and shall include full compensation for all
labor, materials, tools, and equipment and for doing all work involved in
excavation, placement of DIP water main including all fittings, bedding,
thrust blocks, aggregate pipe encasement, restraints, backfill and compaction
per the plan and standard drawings and no additional compensation will be
allowed therefore.
12.0 CONCRETE THRUST BLOCK (Bid Item #87)
Concrete Thrust Block shall conform to the provisions in Section 03 30 00,
“Concrete”, of the CVWD Standard Specifications and these Special
Provisions.
Payment for Concrete Thrust Block shall be incidental to the 18” DIP Water
Main bid item and no additional compensation will be allowed. Payment shall
include full compensation for furnishing all labor, materials, tools, equipment,
and doing all work involved in placement of the thrust blocks as specified.
Technical Specifications 4000-87
13.0 STEEL SLEEVE (Bid Item #90)
Steel Sleeve shall conform to the provisions in Section 33 05 23.10 “Open
Trench Pipe Casing” of the CVWD Standard Specifications and these Special
Provisions.
Payment for 36” Steel Sleeve shall be measured and paid for at the
contract unit price per Lineal Foot and shall include full compensation for all
labor, materials, tools, and equipment and for doing all work involved in
excavation, placement of sleeve, welding, backfill and compaction per the
plan and standard drawings and no additional compensation will be allowed
therefore.
*** END OF CVWD SEWER AND WATER SECTION ***
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 City
Project No. 2011-05, Federal Project No. BRNBIL (537), Dune Palms
Road Bridge Improvements, 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.
Appendix A Page 2
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
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 (67 Sheets)
City of La Quinta
Std 200 Concrete Specifications
Std 201 6” Curb and Gutter
Std 204 Asphalt Concrete Dikes
Std 221 Driveway w/ Sidewalk Adjacent Curb
Std 230 Cross Gutter Layout
Std 231 Cross Gutter
Std 240 Sidewalk & Curb
Std 241 Curb Sidewalk Joints
Std 250 Curb Ramp (4 Sheets)
Std 300 Curb Inlet Catch Basin No. 1 (2 Sheets)
Std 720 Stamped Concrete for Median Hardscape
Std 730 16” Commercial Electrical Pedestal (2 Sheets)
Misc. Masonry Pilaster
Standard Plans for Public Works Construction (SPPWC)
Std 111-5 Curb Ramp (5 sheets)
Std 405-1 Pull Boxes (2 Sheets)
Std 600-3 Chain Link Fence & Gates (3 Sheets)
Std 601-4 Reinforced Concrete Block Wall (6 sheets)
Caltrans
Plan B3-3A Retaining Wall Type 1A (Case 1)
Riverside County Transportation Department (RCTD)
Std 204 Type “D” Curb
Std 311 Gutter Depression for Curb Opening Catch Basin
Riverside County Flood Control (RCFC)
Std MH252 Manhole No. 2 (2 Sheets)
Std M803 Concrete Collar
Coachella Valley Water District (CVWD)
Dwg S1-B Manhole Collar
Dwg S-5 Reinforced Precast Concrete Manhole
Dwg S-6 Standard Clean Out
Dwg S-46 Structural Encasement
Dwg W-17 Valve Operator Well Installation
Dwg W-19 Thrust Block
Dwg W-40 Standard Casing
Imperial Irrigation District (IID)
130-131 La Quinta Secondary Pullbox (2 Sheets)
147-148 Precast Concrete Transformer Pad Single Phase (2
Sheets)
167-168 Trench Ground Wire Single Phase Trans Pad (2 Sheets)
175-176 Large Vault Equipment Enclosure (2 Sheets)
197-200 IID Equipment Clearances (4 sheets)
242-243 Primary Riser Pole (2 sheets)
7/6/22
7/6/22
WCBW/3LOLR=9"8"material, except as permitted by the Engineer.6"6"1’-0"Clr
3"
1’-2"
1’-0"
1’-6"
Min
1’-0"
Min
8"8"H=4’H=6’H=8’H=10’H=12’#5 @ 16WCB - SPREAD FOOTING SECTIONDESIGN SECTIONSYMBOLS:DESIGN CONDITIONS:2. For wall stem joint details seeB0-33-3andB0-33-41. For details not shown and drainage notes seeDESIGN NOTES:VERTICALDESIGN H
CONSTRUCTION JOINTDESIGN HPLACE WATERSTOPREQUIREDAS SHOWN WHEN FINISHED GRADEBEHIND WALLS.DESIGN HTABLE OF REINFORCING STEEL, DIMENSIONS AND DATANOTES:12’10’8’6’4’Str: B’, qPONDING. TO BE DONE AFTER REMOVALBACKFILL SUFFICIENTLY TO PREVENTOF WALL FORMS AND BEFORE BACKFILLINGc BARSd BARSooooSer: B’, q’oLOLFSRETAINING WALLCONFIGURATIONOPTIONAL KEYLOAD SURCHARGEVARIABLE LIVEPlace concrete in toe against undisturbed#4 @ 163"
Clr
8"8"BARRIERCONCRETE SHOWN ELSEWHEREREINFORCEMENTDIMENSIONS ANDis incapable of supporting bearing stress listed in the table.Special footing design is required where foundation materialDesign H may be exceeded by 6" before going to the next size.LS:Varied surcharge on level ground surface CT: DESIGN:SOIL:REINFORCEDCONCRETE:4th Edition with California AmendmentsAASHTO LRFD Bridge Design Specifications,fy = 60,000 psif’c = 3,600 psiQ = 1.00DC+1.00EV+1.00EH+1.00CTQ = 1.00DC+1.00EV+1.00EH+1.00EQD+1.00EQEQ = DC+ EV+ EH+1.75LS Q = 1.00DC+1.00EV+1.00EH+1.00LS Service I Strength I Extreme I Extreme IISEISMIC:˚ = 120 pcf = 34^ k = 0.0k = 0.2vhELEVATION2"Clr7’-0" 2’-3" 4’-9" 6.7, 0.8 6.6, 1.6 7’-0" 2’-3" 4’-9" 6.7, 1.0 5.2, 1.7 7’-3" 2’-3" 5’-0" 6.3, 1.3 3.7, 2.2 7’-5" 2’-5" 5’-0" 5.8, 1.6 2.8, 3.3 8’-2" 2’-7" 5’-7" 6.2, 1.9 3.0, 3.9 2"ClrDESIGN H
1’-0" CT: EQD: EQE: LS: EV: EH: DC: : : : Q:Where:10"10"9"#6 @ 9#5 @ 9#6 @ 9#5 @ 9#7 @ 10#6 @ 10#7 @ 8#7 @ 8#7 @ 8#7 @ 81’-0"#5 @ 18#5 @ 18Stem Architectural Treatment of thickness up to 6" of concrete (75 psf) considered DC:Force Effects 1.25 or 0.90, Whichever Controls Design 1.35 or 1.00, Whichever Controls Design 1.50 or 0.90, Whichever Controls Design Dead Load of Structure Components Horizontal Earth Fill Pressure Vertical Earth Pressure from Earth Fill Weight Live Load Surcharge Seismic Earth Pressure Soil and Structural and Nonstructural Components Inertia Vehicular Collision Force LOAD COMBINATIONS AND LIMIT STATES:o Ext I: B’, qExt II: B’, qFG WHEN USED WITH BARRIERSEE "STEM HAUNCH DETAIL"OF WALL ARE SHOWN ELSEWHERE,APPROPRIATE DETAILS AT TOPFGSer - service limit state I Str - strength limit state I Ext I - extreme event limit state I Ext II - extreme event limit state IIB’ - effective footing width (ft)q - gross uniform bearing stress (ksf)q’ - net bearing stress (ksf), OG assumed to be FG at toe STEM HAUNCH DETAILc BARSc BARSd BARSSEE NOTE 4c BARS,ADDITIONAL5.6, 0.94.8, 1.44.1, 2.03.1, 3.22.7, 4.52.8, 1.92.7, 2.52.8, 3.02.6, 3.73.4, 3.6 expansion joints, begin wall and end wall location. c bars over a distance of 8’-0" measured from all4. Provide #6 @ 8" c bars in addition to tabulated above the top of footing. H > 6’, no splices are allowed within H/4 above the top of footing. H < 6’, no splices are allowed within 1’-8"3. At c bars:Distribution below footing taken no less than 40’.and 1 : 1 distribution down and outward.distributed over 10 feet at the top of wall54 kip transverse force applied at He = 32",COUNTYROUTEPOST MILESTOTAL PROJECTSHEETTOTALSHEETSPLANSAPPROVALDATEREGISTERED CIVIL ENGINEERDistNo.THE STATE OF CALIFORNIA OR ITS OFFICERSOR AGENTS SHALL NOT BE RESPONSIBLE FORCOPIES OF THIS PLAN SHEET.No.Exp.RE G IST
ERED P
ROFESSIONAL ENGINEERSTATE OF CALI
FOR
NIACIVILTHE ACCURACY OR COMPLETENESS OF SCANNEDRETAINING WALL TYPE 1A (CASE 1)STATE OF CALIFORNIADEPARTMENT OF TRANSPORTATION B3-5Gary WangC58298 6-30-182018 STANDARD PLAN B3-3ANO SCALE1-29-18B3-3A331May 31, 2018Return to Table of Contents
* ˝ ,
6 1/2"
7"
7 1/2"
7 3/4"
8"
8 1/2"
9"
9 1/4"
9 1/2"
36"
39"
42"
45"
48"
51"
54"
57"
60"
F * ˝ , F
10"
10 1/4"
10 3/4"
11"
11 3/4"
12 1/2"
13 1/4
14"
63"
66"
69"
72"
78"
84"
90"
96"
102"
108"
114"
120"
126"
132"
138"
144"
15 1/2"
16"
16 1/2"
17"
17"
17 1/2"
17 1/2"
18"
OPTIONAL OUTSIDE
FACE OF CONCRETE
#4 H BARS
3’-0" LONG
4’-0"
PLAN
TABLE OF VALUES FOR "F"
* USE ˝ , OR WHICHEVER IS GREATER
DETAIL M
(SEE NOTE 3)FTO 3" RADIUS
F FFROUND EDGES
FOR PAVED STREETS 11"8 1/2"
MAX MIN
UNPAVED STREETS 16"15"
VARIABLE
6"
6"
6"
6"
2’-0"8"OMIT THIS STEP
IN PAVED STREETS
STREET GRADE
1’-4"1’-4"16" FOR PAVED STREETS26" FOR UNPAVED STREETSCONCRETE RINGS
5" X 1" RING SEAT
J BARS
H BARSH BARS
SECTION B-B
SECTION A-A 2"2’-4"2’-4"FF˝FFPP
ROUND EDGES
TO 3" RADIUS
D BARS
STATIONE BAR
PIPE SEAT LEVEL
SEE NOTE 4
GRADE POINTS
SEE NOTE 8
ROUND EDGES
TO 3" RADIUS
F F
F#4 @ 18" O.C., BOTHWAYS
TO BE USED WHEN ˝
IS 60" OR OVER16"4"2"5" x 2"
PIPE SEAT
3/4" — GALV.
STEEL STEPS
SEE STD DWG
MH259
STREET GRADE MANHOLE FRAME AND COVER
SEE STD. DWG. MH260
SEE STD. DWG. MH257
CONCRETE RINGS AND REDUCER
MINIMUM 3’-6" WITH UNPAVED STREETS
SEE NOTE 3
E BARS
J BARS
TIE BAR
SPRING LINE
INLET ELEV APPLIES
AT THIS POINT
24"
36"
PLAN
(SHAFT NOT SHOWN)
F F˝
F F
3" O.C.
TIE BAR
#6 E BARS
3’-3" LONG
D BARS
TO 3" RADIUS
ROUND EDGES
RADIUS= ID OF SPUR
OR 3’-0" MAX.
3 #4 J BARS 4’-8"
LONG, 3" O.C.
6" O.C. TO INSIDE EDGE
OF MANHOLE
TIE BARPPABBA
E BARS
TIE BARS
E BARS
TIE BARL #4 @ 18" O.C.
3" O.C.
D BARS
MINIMUM 2’-10 1/2" WITH PAVED STREETS
STATION
CONTINUE ADD’L. BARS
APPROVED BY:
DATE:
RIVERSIDE COUNTY FLOOD CONTROL
WATER CONSERVATION DISTRICT
CHIEF ENGINEER
R.C.E. NO. 32336DATE:
AND
R.E. No. 44684
RECOMMENDED FOR APPROVAL BY:
CHIEF, DESIGN & CONSTRUCTION 14"14"05
STANDARD DRAWING NUMBER MH252
SHEET 1 OF 2JANUARY 2011 JANUARY 2011
MANHOLE NO. 2
NOTES
REINFORCING STEEL SHALL BE ROUND, DEFORMED, STRAIGHT BARS, 1 1/2" CLEAR FROM INSIDE FACE OF CONCRETE UNLESS
STEPS SHALL BE 3/4" ROUND, GALVANIZED STEEL AND ANCHORED NOT LESS THAN 4" IN THE WALLS OF STRUCTURE
UNLESS OTHERWISE SHOWN THE SPACING SHALL BE 16". THE LOWEST STEP SHALL BE NOT MORE THAN 2’-0"
ABOVE THE INVERT. SEE STD DWG MH259.
RINGS, REDUCER AND PIPE FOR ACCESS SHAFT BE SEATED IN CEMENT MORTAR AND NEATLY POINTED OR WIPED INSIDE SHAFT.
STATIONS OF MANHOLES SHOWN ON PLAN APPLY AT CENTER OF SHAFT ELEVATIONS SHOWN AT STATIONS REFER TO
PROLONGED INVERT GRADE LINES.
BODY OF MANHOLE SHALL BE POURED IN ONE CONTINUOUS OPERATION, EXCEPT THAT THE CONSTRUCTION JOINT
˝ = OVER 96", L= 6’-0", P= 8"
CENTER OF MANHOLE SHAFT SHALL BE LOCATED OVER CENTER LINE OF STORM DRAIN WHEN DIAMETER IS 48" OR LESS,
OR 3’-6" FOR UNPAVED STREET, CONSTRUCT MONOLITHIC SHAFT AS PER DETAIL M. SHAFT FOR ANY DEPTH OF MANHOLE
MAY BE CONSTRUCTED AS PER DETAIL M. WHEN DIAMETER IS 48" OR LESS, CENTER OF SHAFT MAY BE LOCATED
AS PER NOTE 2.
THICKNESS OF DECK SHALL VARY WHEN NECESSARY TO PROVIDE LEVEL PIPE SEAT, BUT SHALL NOT BE LESS THAN
FOR ˝ = 96" OR LESS, L= 5’-6", P= 5’
L MAY BE INCREASED OR LOCATION OF MANHOLE SHIFTED TO MEET PIPE ENDS WHEN L IS GREATER THAN THAT SHOWN
ABOVE IS SPECIFIED D BARS SHALL BE CONTINUED 6" O.C.
STRUCTURAL CONCRETE SHALL BE CLASS "A".
TABLE OF VALUES FOR F ARE ON PLAN SHEET 1.
IN WHICH CASE PLACE E BARS SYMETRICALLY AROUND SHAFT AT 45 WITH CENTERLINE AND OMIT J BARS.
OTHERWISE SHOWN.
FLOOR OF MANHOLE SHALL BE STEEL TROWELED TO SPRINGLINE.
WITH A LONGITUDINAL KEYWAY MAY BE PLACED AT THE SPRINGLINE.
CENTERLINE OF INLET PIPE TO INTERSECT INSIDE FACE OF CONE AT SPRINGLINE UNLESS SHOWN OTHERWISE.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
DETAIL M WHEN DEPTH OF MANHOLE FROM STREET GRADE TO TOP OF BOX IS LESS THAN 2’-10 1/2" FOR PAVED STREET
TABULAR VALUES FOR F SHOWN ON PLAN SHEET 1.
LENGTH L AND EMBEDMENT P SHALL HAVE THE FOLLOWING VALUES, UNLESS OTHERWISE SHOWN ON THE PLAN
TIE BARS SHALL BE #4 BARS.
D BARS SHALL BE #4 FOR ˝ = 39" OR LESS #5 FOR ˝ 42" TO 84" INCLUSIVE AND #6 FOR ˝ = 90" OR OVER
WHERE PRESSURE MANHOLE NO. 2 IS SPECIFIED ON PLANS SEE STD DWG MH256 AND MH258.
MANHOLE NO. 2
STANDARD DRAWING NUMBER MH252
SHEET 2 OF 2
APPROVED BY:
DATE:
RIVERSIDE COUNTY FLOOD CONTROL
WATER CONSERVATION DISTRICT
CHIEF ENGINEER
R.C.E. NO. 32336DATE:
AND
R.E. No. 44684
RECOMMENDED FOR APPROVAL BY:
CHIEF, DESIGN & CONSTRUCTION
APPROVED BY:
DATE:
RIVERSIDE COUNTY FLOOD CONTROL
WATER CONSERVATION DISTRICT
CHIEF ENGINEER
R.C.E. NO. 32336DATE:
AND
R.E. No. 44684
RECOMMENDED FOR APPROVAL BY:
CHIEF, DESIGN & CONSTRUCTION
JANUARY 2011 JANUARY 2011
S-1BDRAWING NUMBER:
MANHOLE COLLAR IN HEAVY TRAFFIC AREA
FRAME & COLLAR
OUT OF PAVEMENT IN PAVEMENT
NONRESIDENTIAL
SECTION A-A
ROADWAYS
Approval Date: Draft 09/18
JOINT DETAIL
PLAN OF BASE
SECTIONAL ELEVATION A-A
TOP RING DETAIL
AA
CONCRETE MANHOLE
REINFORCED PRECAST
S-5Approval Date: Draft 09/18 DRAWING NUMBER:
A
SECTION A-A
A
STANDARD CLEAN-OUT
S-6
“”
“”
“”
Approval Date: Draft 09/18 DRAWING NUMBER:
STRUCTURAL ENCASEMENT OF DRAIN
CONSTRUCTION DETAIL FOR
S-46
A
A
SECTION A-A
Approval Date: Draft 09/18 DRAWING NUMBER:
VALVE OPERATOR WELL INSTALLATION
DETAIL OF DOMESTIC WATER
W-17DRAWING NUMBER:
CALLBEFOREDIGGING
(760) 398-xxxx
CVWD
C
A
U
T
I
O
N
w
A
T
E
R
10'OFFSET
P
I
P
E
L
I
N
E
AV
Approval Date: Draft 09/18
DETAIL OF CONCRETE THRUST BLOCKS
W-19/S-19DRAWING NUMBER:Approval Date: Draft 09/18
W-40DRAWING NUMBER:STANDARD CASINGDOMESTIC WATER MAINSFORApproval Date: Draft 09/18
4.5
130
NOTE: SWEEPS AND CONDUITS PVC MATERIAL
ONLY.
4.6 Single secondary riser with above ground pullbox. See 4.7 Standard 181.11
4.6.1 Contractor shall perform all trenching refer to section 3
4.6.2 Contractor shall install conduit runs, pullbox and riser material (up to first
10’ stick of schedule 80 PVC on pole (utilize IID provided stand-off
bracket to maintain correct clearance from pole) Contact Customer
Project Development Services office for location of pole.
4.6.2 Contractor shall install pull rope in conduit run between pullbox and
meter. Refer to 3.44 Table 8 Conduit Rope/Measured Rope
Requirements.
4.6.3 Contractor shall call Customer Project Development Services for trench
inspection. Inspections are subject to a minimum 48 hour advance
notice and are by appointment only.
4.6.3.1 Imperial Valley (760) 482-3300
4.6.3.2 Coachella Valley (760) 398-5828
4.6.4 Contractor shall backfill after IID inspector’s approval. Trench shall be
free of rocks adjacent to conduit & pullbox.
4.6.5 Contact Customer Project Development Services for specifications on
commercial services
4.6.6 All PVC joints shall be cemented with approved PVC cement
131
147
148
167
168
175
176
6.3.1
197
6.3.2 Noncombustible – Building surfaces or materials approved
by the uniform building code as having a minimum fire rating
of one hour include but not limited to:
6.3.2.1.1 Steel studded drywall
6.3.2.1.2 Steel studded stucco or other materials on
steel studs having minimum fire rating of one
hour.
6.3.2.1.3 Brick or stone
6.3.2.1.4 Tile
6.3.2.1.5 Concrete
6.3.2.1.6 Iron or steel
6.3.3 Combustible – Building surfaces or materials include but not
limited to:
6.3.3.1.1 Wood studded stucco
6.3.3.1.2 Wood studded drywall
6.4 Pre-cast concrete pads, vaults, and sector sleeves are to be installed 1
foot (12”) from back of existing or proposed sidewalk. When barrier
post(s) are required to protect IID structures, barrier post(s) will be
installed 1 foot (12”) from back of sidewalk. All Pre-cast concrete pads,
vaults, and sector sleeves to be installed 25 feet from handicap ramps.
198
6.5 Required clearances from any IID transformer to other utilities is 18” on sides or back
of transformer the 18” is measured from the transformer pad. See 6.6 Standard 202.4
6.5.1 Barrier posts required refer to 5.31 Standard 181.6.
6.5.2 Barrier posts not required transformer precast pad shall have a 12” offset
behind sidewalk. See 6.4. Refer to 6.6 Standard 202.4
6.5.3 Transformer pad working clearance refer to 6.7 Standard 202.5
6.5.3.1 Working clearance in front or opening of transformer ten
feet (10’) measurement is from edge of pad. See 6.7
Standard 202.5
6.5.3.2 Working clearance on each side of transformer three feet
(3’) measurement is from edge of pad. See 6.7 Standard
202.5
6.5.3.3 Working clearance behind transformer is three feet (3’)
measurement is from edge of pad. See 6.7 Standard
202.5
199
200
9.0
242
NOTE: SWEEPS AND CONDUITS PVC
MATERIAL ONLY.
9.1
243
NOTE: SWEEPS AND CONDUITS PVC
MATERIAL ONLY.
APPENDIX C
Project Permits
Section 401 – Water Quality, Colorado River Basin Regional Water
Quality Control Board
Section 404 – Clean Water Act, Corps of Engineers
Section 1602 – Streambed Alteration Agreement Letter, CA
Department of Fish & Wildlife
Coachella Valley Water District (CVWD), Construction
Encroachment Permit
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT, U.S. ARMY CORPS OF ENGINEERS
915 WILSHIRE BOULEVARD, SUITE 930
LOS ANGELES, CALIFORNIA 90017
November 7, 2018
Bryan McKinney, Senior Environmental Planner
City of La Quinta
862 E Hospitality Ln
San Bernardino, California 92408
DEPARTMENT OF THE ARMY NATIONWIDE PERMIT VERIFICATION
Dear Mr. McKinney:
I am responding to your request (Corps File No. SPL-2018-00491-LOB) for a Department of
the Army permit for the La Quinta/Dune Palms Road Bridge Replacement of Low Water
Crossing Project located along Dune Palms Road over the Coachella Valley Storm Water
Channel (CVSC) north of Highway 11 and south of Blackhawk Way/Westward Ho Drive in the
City of La Quinta within Riverside County, California (Latitude 33.710833°, Longitude -
116.277777°). (Figures 1-2)
Because implementation of this project would result in a discharge of dredged and/or fill
material into waters of the United States, a Department of the Army permit is required pursuant
to section 404 of the Clean Water Act (33 U.S.C. 1344; 33 C.F.R. parts 323 and 330). I have
determined your proposed project, if constructed as described in your application, would comply
with Nationwide Permit (NWP) 14 – Linear Transportation Projects and NWP 33- Temporary
Construction, Access, and Dewatering. Specifically, you are authorized (as shown on the
enclosed figures) to conduct the following regulated activities:
1. Discharge permanent fill material into approximately 0.02 acre (20 linear feet) of non-
wetland waters of the U.S., including the discharge of 300 cubic yards of concrete for
the installation of 4 bridge columns within the CVSC;
2. Temporarily discharge dredged or fill material into approximately 0.72 acre of non-
wetland waters of the U.S. for:
a.A bypass road of approximately 0.35 acre that would be removed once the
bridge is finalized; and
b. Dredge approximately 0.24 acre for construction access, grading, and
excavation.
3. Temporary impact 0.01 acre of wetland waters of the U.S. to remove a storm drain
outlet.
For this NWP verification letter to be valid, you must comply with all of the terms and
conditions in Enclosure 1. Furthermore, you must comply with the non-discretionary Special
Conditions listed below:
- 2 -
Special Conditions:
1. This NWP verification is contingent upon the issuance of a section 401 Water Quality
Certification (WQC) from the Regional Water Quality Control Board (RWQCB). The
Permittee shall abide by the terms and conditions of the section 401 WQC. The Permittee
shall submit the section 401 WQC to the Corps Regulatory Division (preferably via email)
within two weeks of receipt from the issuing state agency. The Permittee shall not proceed
with work within waters of the United States until receiving an e-mail or other written
notification from Corps Regulatory Division acknowledging the section 401 WQC has been
received, reviewed, and determined to be acceptable. If the RWQCB fails to act on a valid
request for certification within two months after receipt of a complete application, please
notify the Corps Regulatory Division so we may consider whether a waiver of water quality
certification has been obtained.
2. Within 45 calendar days of completion of authorized work in waters of the U.S., the
Permittee shall submit to the Corps Regulatory Division a post-project implementation
memorandum including the following information:
a.Date(s) work within waters of the U.S. was initiated and completed;
b.Summary of compliance status with each special condition of this permit (including
any noncompliance that previously occurred or is currently occurring and corrective
actions taken or proposed to achieve compliance);
c.Color photographs (including map of photo points) taken at the project site before and
after construction for those aspects directly associated with permanent impacts to
waters of the U.S. such that the extent of authorized fills can be verified;
d. One copy of "as built" drawings for the entire project. Electronic submittal (Adobe
PDF format) is preferred. All sheets must be signed, dated, and to-scale. If
submitting paper copies, sheets must be no larger than 11 x 17 inches; and
e.Signed Certification of Compliance (attached as part of this permit package).
3. Pursuant to 36 C.F.R. section 800.13, in the event of any discoveries during construction of
either human remains, archeological deposits, or any other type of historic property, the
Permittee shall notify the Corps' Archaeology staff (Danielle Storey at 213-452-3845 OR
Meg McDonald at 213-452-3849) and Corps Regulatory Division (Luis O. Betancourt-
Massanet at 213-452-3375 or Stephanie Hall at 213-452-3410) within 24 hours. The
Permittee shall immediately suspend all work in any area(s) within 100 feet of where
potential cultural resources are discovered. The Permittee shall not resume construction in
the area surrounding the potential cultural resources until the Corps Regulatory Division re-
authorizes project construction, per 36 C.F.R. section 800.13.
4. The Permittee shall place orange safety fencing during construction to restrict entry to the
parcel where site P-33-16950 (CA-RIV-8835) is located. Additionally, ground disturbing
- 3 -
activities in the Area of Direct Impact in the site vicinity shall be observed by archaeological
and Native American monitors
5. The Permittee shall discharge only clean construction materials in and along waters of the
U.S. The Permittee shall ensure no debris, soil, silt, sand, sawdust, rubbish, cement or
concrete washings thereof, oil or petroleum products, from construction shall be allowed to
enter into or placed where it may be washed by rainfall or runoff into waters of the United
States. Upon completion of the project authorized herein, any and all excess material or
debris shall be completely removed from the work area and disposed of in an appropriate
upland site.
6. No later than one month following completion of authorized work in waters of the U.S., the
Permittee shall ensure all sites within waters of the U.S. subject to authorized, temporary
impacts are restored to pre-project alignments, elevation contours, and conditions to the
maximum extent practicable to ensure expeditious resumption of aquatic resource functions.
In addition, within 4 months of initial occurrence of project impacts to waters of the U.S., the
Permittee shall hydroseed, where possible, the disturbed portions of the earthen stream banks
and bottom and floodplain, as appropriate, with native, non-invasive species, as appropriate
to the affected areas, to reduce the potential for erosion. The Permittee shall submit the
proposed native planting palette for review and approval by the Corps Regulatory Division at
least 30 days prior to initiation of construction. The Permittee shall ensure the affected areas
(disturbed stream channel bottoms and banks and hydroseeded/replanted areas) are
maintained and monitored annually for a period of three years after completing the native
seeding activities, such that less than 10 percent (absolute cover) of the drainages disturbed
by the project are vegetated by non-native and invasive plant species. For each project
drainage feature, the Permittee shall submit to the Corps Regulatory Division a memorandum
by December 31th after completion of the minimum three-year maintenance and monitoring
period. The memo shall indicate for each project crossing/aquatic impact area, when
temporary construction areas were re-contoured to pre-construction conditions, when native
seeding was completed, the species and percent cover (absolute) of invasive and/or non-
invasive plant species that occur onsite each year prior to treatment, and when and how
many/the extent of invasive and/or non-invasive plant species that were removed each year.
This verification is valid through March 18, 2022. If on March 18, 2022, you have
commenced or are under contract to commence the permitted activity, you will have an
additional twelve (12) months to complete the activity under the present NWP terms and
conditions. However, if I discover noncompliance or unauthorized activities associated with the
permitted activity, I may request the use of discretionary authority in accordance with procedures
in 33 C.F.R. § 330.4(e) and 33 C.F.R. §§ 330.5(c) or (d) to modify, suspend, or revoke this
specific verification at an earlier date. Additionally, at the national level, the Chief of Engineers,
any time prior to March 18, 2022, may choose to modify, suspend, or revoke the nationwide use
- 4 -
of a NWP after following procedures set forth in 33 CFR § 330.5. It is incumbent upon you to
comply with all of the terms and conditions of this NWP verification and to remain informed of
any change to the NWPs.
A NWP does not grant any property rights or exclusive privileges. Additionally, it does not
authorize any injury to the property, rights of others, nor does it authorize interference with any
existing or proposed Federal project. Furthermore, it does not obviate the need to obtain other
Federal, state, or local authorizations required by law.
Thank you for participating in the regulatory program. If you have any questions, please
contact Luis Betancourt-Massanet at 213-452-3845 or via e-mail at
Luis.O.BetancourtMassanet@usace.army.mil. Please help me to evaluate and improve the
regulatory experience for others by completing the customer survey form at
http://corpsmapu.usace.army.mil/cm_apex/f?p=regulatory_survey.
Sincerely,
Gerardo Salas
Senior Project Manager
Orange and Riverside Counties Section
South Coast Branch
Regulatory Division
Enclosures
LOS ANGELES DISTRICT
U.S. ARMY CORPS OF ENGINEERS
CERTIFICATE OF COMPLIANCE WITH
DEPARTMENT OF THE ARMY NATIONWIDE PERMIT
Permit Number: SPL-2018-00491-LOB
Name of Permittee: City of La Quinta (POC: Bryan McKinney)
Date of Issuance: November 7, 2018
Upon completion of the activity authorized by this permit and the mitigation required by this
permit, sign this certificate, and return it by ONE of the following methods;
1) Email a digital scan of the signed certificate to
Luis.O.BetancourtMassanet@usace.army.mil
OR
2) Mail the signed certificate to
U.S. Army Corps of Engineers
ATTN: Regulatory Division (SPL-2018-00491-LOB)
915 Wilshire Boulevard, Suite 930
Los Angeles, California 90017
I hereby certify that the authorized work and any required compensatory mitigation has been
completed in accordance with the NWP authorization, including all general, regional, or activity-
specific conditions. Furthermore, if credits from a mitigation bank or in-lieu fee program were
used to satisfy compensatory mitigation requirements I have attached the documentation required
by 33 C.F.R. § 332.3(l)(3) to confirm that the appropriate number and resource type of credits
have been secured.
___________________________________ ________________________________
Signature of Permittee Date
Dune Palms Rd.Project Location
Indio
BermudaDunes
IndianWells
La Quinta
PalmDesert
La QuintaHigh School
La Quinta C
h
a
n
n
el Coachel
l
aCana
l
Coachella CanalCoachella CanalJEFFERSON STE I S E N H O W E R D R BURR STAVE 50
W
ASHIN
GTO
N
ST
44TH AVE
50TH AVE
FRED WARING DR
AVE 48
£¤111
Exhibit 1.2 Project Location
2014-173 La Quinta Dune Palms
Map Date: 3/13/2015Source: ESRILocation: N:\2014\2014-173 La Quinta Dune Palms\MAPS\Location_Vicinity\LQDP_Location_NES.mxd (MAG)-mguidry 3/26/2015 I
0 0.5
Miles
Exhibit 4.2 Jurisdictional Delineation Temporary Impacts
Map Date: 4/24/2015
Photo Source: Esri
2014-173 La Quinta Dune PalmsLocation: \\rocklin\mapping data\2014\2014-173 La Quinta Dune Palms\MAPS\Wetland_Mapping\Wetland_Delineation\v1\LQDP_JD_V1_TempImpacts.mxd (MAG)-mguidry 4/24/2015 !>!>
Coachella Val
l
e
y
S
t
o
r
m
C
h
a
n
n
e
lDune Palms RdDune Palms RdCorporat
e
C
e
n
t
r
e
D
r
Corporat
e
C
e
n
t
r
e
D
r
sp1
sp1a
Temporary Construction Easement
Temporary Impacts
!>Sample Point
Existing Low Flow Crossing
Waters of the US / State
Intermittent Stream / Streambed(2.20 ac - 490 linear feet)
Wetland / Freshwater Marsh(0.28 acres - 15 linear feet)
I
0 200
Scale in Feet
Exhibit 4.3 Jurisdictional Delineation Permanent Impacts
Map Date: 4/24/2015
Photo Source: Esri
2014-173 La Quinta Dune PalmsLocation: \\rocklin\mapping data\2014\2014-173 La Quinta Dune Palms\MAPS\Wetland_Mapping\Wetland_Delineation\v1\LQDP_JD_V1_PermImpacts.mxd (MAG)-mguidry 4/24/2015 !>!>
Coachella Val
l
e
y
S
t
o
r
m
C
h
a
n
n
e
lDune Palms RdDune Palms RdCorporat
e
C
e
n
t
r
e
D
r
Corporat
e
C
e
n
t
r
e
D
r
sp1
sp1a
Temporary Construction Easement
Permanent Impacts
!>Sample Point
Existing Low Flow Crossing
Waters of the US / State
Intermittent Stream / Streambed(2.20 ac - 490 linear feet)
Wetland / Freshwater Marsh(0.28 acres - 15 linear feet)
I
0 200
Scale in Feet
Enclosure 1: NATIONWIDE PERMIT NUMBER(S) NWP 14 Linear Transportation Projects and NWP
33 Temporary Construction, Access, and Dewatering
1. Nationwide Permit(s) NWP 14 Linear Transportation Projects and NWP 33 Temporary
Construction, Access, and Dewatering Terms:
14. Linear Transportation Projects. Activities required for crossings of waters of the United States associated
with the construction, expansion, modification, or improvement of linear transportation projects (e.g., roads,
highways, railways, trails, airport runways, and taxiways) in waters of the United States. For linear
transportation projects in non-tidal waters, the discharge cannot cause the loss of greater than 1/2-acre of waters
of the United States. For linear transportation projects in tidal waters, the discharge cannot cause the loss of
greater than 1/3-acre of waters of the United States. Any stream channel modification, including bank
stabilization, is limited to the minimum necessary to construct or protect the linear transportation project; such
modifications must be in the immediate vicinity of the project. This NWP also authorizes temporary structures,
fills, and work, including the use of temporary mats, necessary to construct the linear transportation project.
Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the
maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are
necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must
consist of materials, and be placed in a manner, that will not be eroded by expected high flows. Temporary fills
must be removed in their entirety and the affected areas returned to pre-construction elevations. The areas
affected by temporary fills must be revegetated, as appropriate. This NWP cannot be used to authorize non-
linear features commonly associated with transportation projects, such as vehicle maintenance or storage
buildings, parking lots, train stations, or aircraft hangars. Notification: The permittee must submit a pre-
construction notification to the district engineer prior to commencing the activity if: (1) the loss of waters of the
United States exceeds 1/10-acre; or (2) there is a discharge in a special aquatic site, including wetlands. (See
general condition 32.) (Authorities: Sections 10 and 404) Note 1: For linear transportation projects crossing a
single waterbody more than one time at separate and distant locations, or multiple waterbodies at separate and
distant locations, each crossing is considered a single and complete project for purposes of NWP authorization.
Linear transportation projects must comply with 33 CFR 330.6(d). Note 2: Some discharges for the
construction of farm roads or forest roads, or temporary roads for moving mining equipment, may qualify for an
exemption under section 404(f) of the Clean Water Act (see 33 CFR 323.4). Note 3: For NWP 14 activities that
require pre-construction notification, the PCN must include any other NWP(s), regional general permit(s), or
individual permit(s) used or intended to be used to authorize any part of the proposed project or any related
activity, including other separate and distant crossings that require Department of the Army authorization but do
not require pre-construction notification (see paragraph (b) of general condition 32). The district engineer will
evaluate the PCN in accordance with Section D, ¿District Engineer¿s Decision.¿ The district engineer may
require mitigation to ensure that the authorized activity results in no more than minimal individual and
cumulative adverse environmental effects (see general condition 23).
33. Temporary Construction, Access, and Dewatering. Temporary structures, work, and discharges, including
cofferdams, necessary for construction activities or access fills or dewatering of construction sites, provided that
the associated primary activity is authorized by the Corps of Engineers or the U.S. Coast Guard. This NWP also
authorizes temporary structures, work, and discharges, including cofferdams, necessary for construction
activities not otherwise subject to the Corps or U.S. Coast Guard permit requirements. Appropriate measures
must be taken to maintain near normal downstream flows and to minimize flooding. Fill must consist of
materials, and be placed in a manner, that will not be eroded by expected high flows. The use of dredged
material may be allowed if the district engineer determines that it will not cause more than minimal adverse
environmental effects. Following completion of construction, temporary fill must be entirely removed to an area
that has no waters of the United States, dredged material must be returned to its original location, and the
affected areas must be restored to preconstruction elevations. The affected areas must also be revegetated, as
appropriate. This permit does not authorize the use of cofferdams to dewater wetlands or other aquatic areas to
change their use. Structures left in place after construction is completed require a separate section 10 permit if
located in navigable waters of the United States. (See 33 CFR part 322.) Notification: The permittee must
submit a pre-construction notification to the district engineer prior to commencing the activity if the activity is
conducted in navigable waters of the United States (i.e., section 10 waters) (see general condition 32). The
preconstruction notification must include a restoration plan showing how all temporary fills and structures will
be removed and the area restored to pre-project conditions. (Authorities: Sections 10 and 404)
2. General Conditions: The following general conditions must be followed in order for any authorization by
an NWP to be valid:
1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise,
must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the
United States.
(c) The permittee understands and agrees that, if future operations by the United States require the
removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the
Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable
obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from
the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without
expense to the United States. No claim shall be made against the United States on account of any such removal
or alteration.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of
those species of aquatic life indigenous to the waterbody, including those species that normally migrate through
the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of
waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to
sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing should
be designed and constructed to minimize adverse effects to aquatic life movements.
3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the
maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or
downstream smothering by substantial turbidity) of an important spawning area are not authorized.
4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas
for migratory birds must be avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the
activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish
seeding or habitat restoration activity authorized by NWP 27.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt,
etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see
section 307 of the Clean Water Act).
7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except
where the activity is for the repair or improvement of public water supply intake structures or adjacent bank
stabilization.
8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse
effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be
minimized to the maximum extent practicable.
9. Management of Water Flows. To the maximum extent practicable, the pre-construction course,
condition, capacity, and location of open waters must be maintained for each activity, including stream
channelization, storm water management activities, and temporary and permanent road crossings, except as
provided below. The activity must be constructed to withstand expected high flows. The activity must not
restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound
water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and
location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities).
10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state
or local floodplain management requirements.
11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other
measures must be taken to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used
and maintained in effective operating condition during construction, and all exposed soil and other fills, as well
as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest
practicable date. Permittees are encouraged to perform work within waters of the United States during periods
of low-flow or no-flow, or during low tides.
13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected
areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including
maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any
activity-specific conditions added by the district engineer to an NWP authorization.
15. Single and Complete Project. The activity must be a single and complete project. The same NWP
cannot be used more than once for the same single and complete project.
16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of the National Wild and
Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in
the system while the river is in an official study status, unless the appropriate Federal agency with direct
management responsibility for such river, has determined in writing that the proposed activity will not adversely
affect the Wild and Scenic River designation or study status.
(b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River
System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system
while the river is in an official study status, the permittee must submit a pre-construction notification (see
general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct
management responsibility for that river. The permittee shall not begin the NWP activity until notified by the
district engineer that the Federal agency with direct management responsibility for that river has determined in
writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study
status.
(c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land
management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park
Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on
these rivers is also available at: http://www.rivers.gov/.
17. Tribal Rights. No NWP activity may cause more than minimal adverse effects on tribal rights
(including treaty rights), protected tribal resources, or tribal lands.
18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or
indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for
such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or
indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any
NWP which “may affect” a listed species or critical habitat, unless ESA section 7 consultation addressing the
effects of the proposed activity has been completed. Direct effects are the immediate effects on listed species
and critical habitat caused by the NWP activity. Indirect effects are those effects on listed species and critical
habitat that are caused by the NWP activity and are later in time, but still are reasonably certain to occur.
(b) Federal agencies should follow their own procedures for complying with the requirements of the
ESA. If pre-construction notification is required for the proposed activity, the Federal permittee must provide
the district engineer with the appropriate documentation to demonstrate compliance with those requirements.
The district engineer will verify that the appropriate documentation has been submitted. If the appropriate
documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity
and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA.
(c) Non-federal permittees must submit a pre-construction notification to the district engineer if any
listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity
is located in designated critical habitat, and shall not begin work on the activity until notified by the district
engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities
that might affect Federally-listed endangered or threatened species or designated critical habitat, the pre-
construction notification must include the name(s) of the endangered or threatened species that might be
affected by the proposed activity or that utilize the designated critical habitat that might be affected by the
proposed activity. The district engineer will determine whether the proposed activity “may affect” or will have
“no effect” to listed species and designated critical habitat and will notify the non-Federal applicant of the
Corps’ determination within 45 days of receipt of a complete pre-construction notification. In cases where the
non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of
the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided
notification that the proposed activity will have “no effect” on listed species or critical habitat, or until ESA
section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps
within 45 days, the applicant must still wait for notification from the Corps.
(d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add
species-specific permit conditions to the NWPs.
(e) Authorization of an activity by an NWP does not authorize the “take” of a threatened or endangered
species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a
Biological Opinion with “incidental take” provisions, etc.) from the FWS or the NMFS, the Endangered Species
Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take"
means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any
such conduct. The word “harm” in the definition of “take'' means an act which actually kills or injures wildlife.
Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife
by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering.
(f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an
approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP
activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the PCN
required by paragraph (c) of this general condition. The district engineer will coordinate with the agency that
issued the ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated
incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section
10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity
and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA
section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA section 7 consultation
for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of
receipt of a complete pre-construction notification whether the ESA section 10(a)(1)(B) permit covers the
proposed NWP activity or whether additional ESA section 7 consultation is required.
(g) Information on the location of threatened and endangered species and their critical habitat can be
obtained directly from the offices of the FWS and NMFS or their world wide web pages at http://www.fws.gov/
or http://www.fws.gov/ipac and http://www.nmfs.noaa.gov/pr/species/esa/ respectively.
19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring their action
complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is
responsible for contacting appropriate local office of the U.S. Fish and Wildlife Service to determine applicable
measures to reduce impacts to migratory birds or eagles, including whether “incidental take” permits are
necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a
particular activity.
20. Historic Properties. (a) In cases where the district engineer determines that the activity may have the
potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places,
the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act
(NHPA) have been satisfied.
(b) Federal permittees should follow their own procedures for complying with the requirements of
section 106 of the National Historic Preservation Act. If pre-construction notification is required for the
proposed NWP activity, the Federal permittee must provide the district engineer with the appropriate
documentation to demonstrate compliance with those requirements. The district engineer will verify that the
appropriate documentation has been submitted. If the appropriate documentation is not submitted, then
additional consultation under section 106 may be necessary. The respective federal agency is responsible for
fulfilling its obligation to comply with section 106.
(c) Non-federal permittees must submit a pre-construction notification to the district engineer if the
NWP activity might have the potential to cause effects to any historic properties listed on, determined to be
eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including
previously unidentified properties. For such activities, the pre-construction notification must state which
historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity
map indicating the location of the historic properties or the potential for the presence of historic properties.
Assistance regarding information on the location of, or potential for, the presence of historic properties can be
sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated tribal
representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When
reviewing pre-construction notifications, district engineers will comply with the current procedures for
addressing the requirements of section 106 of the National Historic Preservation Act. The district engineer shall
make a reasonable and good faith effort to carry out appropriate identification efforts, which may include
background research, consultation, oral history interviews, sample field investigation, and field survey. Based
on the information submitted in the PCN and these identification efforts, the district engineer shall determine
whether the proposed NWP activity has the potential to cause effects on the historic properties. Section 106
consultation is not required when the district engineer determines that the activity does not have the potential to
cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the
district engineer determines that the activity has the potential to cause effects on historic properties. The district
engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c) when he or she
makes any of the following effect determinations for the purposes of section 106 of the NHPA: no historic
properties affected, no adverse effect, or adverse effect. Where the non-Federal applicant has identified historic
properties on which the activity might have the potential to cause effects and so notified the Corps, the non-
Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no
potential to cause effects to historic properties or that NHPA section 106 consultation has been completed.
(d) For non-federal permittees, the district engineer will notify the prospective permittee within 45 days
of receipt of a complete pre-construction notification whether NHPA section 106 consultation is required. If
NHPA section 106 consultation is required, the district engineer will notify the non-Federal applicant that he or
she cannot begin the activity until section 106 consultation is completed. If the non-Federal applicant has not
heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps.
(e) Prospective permittees should be aware that section 110k of the NHPA (54 U.S.C. 306113) prevents
the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements
of section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the
permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless
the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that
circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant.
If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide
documentation specifying the circumstances, the degree of damage to the integrity of any historic properties
affected, and proposed mitigation. This documentation must include any views obtained from the applicant,
SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands
or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the
impacts to the permitted activity on historic properties.
21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown
historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this
permit, you must immediately notify the district engineer of what you have found, and to the maximum extent
practicable, avoid construction activities that may affect the remains and artifacts until the required coordination
has been completed. The district engineer will initiate the Federal, Tribal, and state coordination required to
determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National
Register of Historic Places.
22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed marine
sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may
designate, after notice and opportunity for public comment, additional waters officially designated by a state as
having particular environmental or ecological significance, such as outstanding national resource waters or state
natural heritage sites. The district engineer may also designate additional critical resource waters after notice
and opportunity for public comment.
(a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7,
12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting,
critical resource waters, including wetlands adjacent to such waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is
required in accordance with general condition 32, for any activity proposed in the designated critical resource
waters including wetlands adjacent to those waters. The district engineer may authorize activities under these
NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal.
23. Mitigation. The district engineer will consider the following factors when determining appropriate
and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects
are no more than minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary
and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource
losses) will be required to the extent necessary to ensure that the individual and cumulative adverse
environmental effects are no more than minimal.
(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that
exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in writing that
either some other form of mitigation would be more environmentally appropriate or the adverse environmental
effects of the proposed activity are no more than minimal, and provides an activity-specific waiver of this
requirement. For wetland losses of 1/10-acre or less that require pre-construction notification, the district
engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the
activity results in only minimal adverse environmental effects.
(d) For losses of streams or other open waters that require pre-construction notification, the district
engineer may require compensatory mitigation to ensure that the activity results in no more than minimal
adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if
practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult-to-replace
resources (see 33 CFR 332.3(e)(3)).
(e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will
normally include a requirement for the restoration or enhancement, maintenance, and legal protection (e.g.,
conservation easements) of riparian areas next to open waters. In some cases, the restoration or
maintenance/protection of riparian areas may be the only compensatory mitigation required. Restored riparian
areas should consist of native species. The width of the required riparian area will address documented water
quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of
the stream, but the district engineer may require slightly wider riparian areas to address documented water
quality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of
a stream, or if the waterbody is a lake or coastal waters, then restoring or maintaining/protecting a riparian area
along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project
site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or
wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where
riparian areas are determined to be the most appropriate form of minimization or compensatory mitigation, the
district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland
losses.
(f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with
the applicable provisions of 33 CFR part 332.
(1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation
option if compensatory mitigation is necessary to ensure that the activity results in no more than minimal
adverse environmental effects. For the NWPs, the preferred mechanism for providing compensatory mitigation
is mitigation bank credits or in-lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an
appropriate number and type of mitigation bank or in-lieu credits are not available at the time the PCN is
submitted to the district engineer, the district engineer may approve the use of permittee-responsible mitigation.
(2) The amount of compensatory mitigation required by the district engineer must be sufficient to ensure
that the authorized activity results in no more than minimal individual and cumulative adverse environmental
effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f)).
(3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced,
aquatic resource restoration should be the first compensatory mitigation option considered for permittee-
responsible mitigation.
(4) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible
for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer
to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable
requirements of 33 CFR 332.4(c)(2) through (14) must be approved by the district engineer before the permittee
begins work in waters of the United States, unless the district engineer determines that prior approval of the
final mitigation plan is not practicable or not necessary to ensure timely completion of the required
compensatory mitigation (see 33 CFR 332.3(k)(3)).
(5) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only
needs to address the baseline conditions at the impact site and the number of credits to be provided.
(6) Compensatory mitigation requirements (e.g., resource type and amount to be provided as
compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be
addressed through conditions added to the NWP authorization, instead of components of a compensatory
mitigation plan (see 33 CFR 332.4(c)(1)(ii)).
(g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage
limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any
NWP activity resulting in the loss of greater than 1/2-acre of waters of the United States, even if compensatory
mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can
and should be used, as necessary, to ensure that an NWP activity already meeting the established acreage limits
also satisfies the no more than minimal impact requirement for the NWPs.
(h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or permittee-responsible
mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and
practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of
marine or estuarine resources, permittee-responsible mitigation may be environmentally preferable if there are
no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or
transfer to the permittee. For permittee-responsible mitigation, the special conditions of the NWP verification
must clearly indicate the party or parties responsible for the implementation and performance of the
compensatory mitigation project, and, if required, its long-term management.
(i) Where certain functions and services of waters of the United States are permanently adversely
affected by a regulated activity, such as discharges of dredged or fill material into waters of the United States
that will convert a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility
line right-of-way, mitigation may be required to reduce the adverse environmental effects of the activity to the
no more than minimal level.
24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed,
the district engineer may require non-Federal applicants to demonstrate that the structures comply with
established state dam safety criteria or have been designed by qualified persons. The district engineer may also
require documentation that the design has been independently reviewed by similarly qualified persons, and
appropriate modifications made to ensure safety.
25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously
certified compliance of an NWP with CWA section 401, individual 401 Water Quality Certification must be
obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water
quality management measures to ensure that the authorized activity does not result in more than minimal
degradation of water quality.
26. Coastal Zone Management. In coastal states where an NWP has not previously received a state
coastal zone management consistency concurrence, an individual state coastal zone management consistency
concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district
engineer or a State may require additional measures to ensure that the authorized activity is consistent with state
coastal zone management requirements.
27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that
may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions
added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or
by the state in its Coastal Zone Management Act consistency determination.
28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete
project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does
not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road
crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP
13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre.
29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a
nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner
by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide
permit verification must be attached to the letter, and the letter must contain the following statement and
signature:
“When the structures or work authorized by this nationwide permit are still in existence at the time the
property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will
continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign
and date below.”
_____________________________________________
(Transferee)
_____________________________________________
(Date)
30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps
must provide a signed certification documenting completion of the authorized activity and implementation of
any required compensatory mitigation. The success of any required permittee-responsible mitigation, including
the achievement of ecological performance standards, will be addressed separately by the district engineer. The
Corps will provide the permittee the certification document with the NWP verification letter. The certification
document will include:
(a) A statement that the authorized activity was done in accordance with the NWP authorization,
including any general, regional, or activity-specific conditions;
(b) A statement that the implementation of any required compensatory mitigation was completed in
accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to
satisfy the compensatory mitigation requirements, the certification must include the documentation required by
33 CFR 332.3(l)(3) to confirm that the permittee secured the appropriate number and resource type of credits;
and
(c) The signature of the permittee certifying the completion of the activity and mitigation.
The completed certification document must be submitted to the district engineer within 30 days of
completion of the authorized activity or the implementation of any required compensatory mitigation,
whichever occurs later.
31. Activities Affecting Structures or Works Built by the United States. If an NWP activity also
requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or
permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project
(a “USACE project”), the prospective permittee must submit a pre-construction notification. See paragraph
(b)(10) of general condition 32. An activity that requires section 408 permission is not authorized by NWP
until the appropriate Corps office issues the section 408 permission to alter, occupy, or use the USACE project,
and the district engineer issues a written NWP verification.
32. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective
permittee must notify the district engineer by submitting a pre-construction notification (PCN) as early as
possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of
receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day
period to request the additional information necessary to make the PCN complete. The request must specify the
information needed to make the PCN complete. As a general rule, district engineers will request additional
information necessary to make the PCN complete only once. However, if the prospective permittee does not
provide all of the requested information, then the district engineer will notify the prospective permittee that the
PCN is still incomplete and the PCN review process will not commence until all of the requested information
has been received by the district engineer. The prospective permittee shall not begin the activity until either:
(1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP
with any special conditions imposed by the district or division engineer; or
(2) 45 calendar days have passed from the district engineer’s receipt of the complete PCN and the
prospective permittee has not received written notice from the district or division engineer. However, if the
permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat
might be affected or are in the vicinity of the activity, or to notify the Corps pursuant to general condition 20
that the activity might have the potential to cause effects to historic properties, the permittee cannot begin the
activity until receiving written notification from the Corps that there is “no effect” on listed species or “no
potential to cause effects” on historic properties, or that any consultation required under Section 7 of the
Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the National Historic Preservation Act
(see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the
permittee has received written approval from the Corps. If the proposed activity requires a written waiver to
exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the
waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required
within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual
permit has been obtained. Subsequently, the permittee’s right to proceed under the NWP may be modified,
suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following
information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed activity;
(3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to authorize the
proposed activity;
(4) A description of the proposed activity; the activity’s purpose; direct and indirect adverse
environmental effects the activity would cause, including the anticipated amount of loss of wetlands, other
special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear feet, or other
appropriate unit of measure; a description of any proposed mitigation measures intended to reduce the adverse
environmental effects caused by the proposed activity; and any other NWP(s), regional general permit(s), or
individual permit(s) used or intended to be used to authorize any part of the proposed project or any related
activity, including other separate and distant crossings for linear projects that require Department of the Army
authorization but do not require pre-construction notification. The description of the proposed activity and any
proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the
adverse environmental effects of the activity will be no more than minimal and to determine the need for
compensatory mitigation or other mitigation measures. For single and complete linear projects, the PCN must
include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each
single and complete crossing of those wetlands, other special aquatic sites, and other waters. Sketches should be
provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually
clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to
provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be
detailed engineering plans);
(5) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such
as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations
must be prepared in accordance with the current method required by the Corps. The permittee may ask the
Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the
Corps does the delineation, especially if the project site is large or contains many wetlands, other special aquatic
sites, and other waters. Furthermore, the 45 day period will not start until the delineation has been submitted to
or completed by the Corps, as appropriate;
(6) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is
required, the prospective permittee must submit a statement describing how the mitigation requirement will be
satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory
mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or
detailed mitigation plan.
(7) For non-Federal permittees, if any listed species or designated critical habitat might be affected or is
in the vicinity of the activity, or if the activity is located in designated critical habitat, the PCN must include the
name(s) of those endangered or threatened species that might be affected by the proposed activity or utilize the
designated critical habitat that might be affected by the proposed activity. For NWP activities that require pre-
construction notification, Federal permittees must provide documentation demonstrating compliance with the
Endangered Species Act;
(8) For non-Federal permittees, if the NWP activity might have the potential to cause effects to a historic
property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National
Register of Historic Places, the PCN must state which historic property might have the potential to be affected
by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP
activities that require pre-construction notification, Federal permittees must provide documentation
demonstrating compliance with section 106 of the National Historic Preservation Act;
(9) For an activity that will occur in a component of the National Wild and Scenic River System, or in a
river officially designated by Congress as a “study river” for possible inclusion in the system while the river is
in an official study status, the PCN must identify the Wild and Scenic River or the “study river” (see general
condition 16); and
(10) For an activity that requires permission from the Corps pursuant to 33 U.S.C. 408 because it will
alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil
works project, the pre-construction notification must include a statement confirming that the project proponent
has submitted a written request for section 408 permission from the Corps office having jurisdiction over that
USACE project.
(c) Form of Pre-Construction Notification: The standard individual permit application form (Form ENG
4345) may be used, but the completed application form must clearly indicate that it is an NWP PCN and must
include all of the applicable information required in paragraphs (b)(1) through (10) of this general condition. A
letter containing the required information may also be used. Applicants may provide electronic files of PCNs
and supporting materials if the district engineer has established tools and procedures for electronic submittals.
(d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state
agencies concerning the proposed activity’s compliance with the terms and conditions of the NWPs and the
need for mitigation to reduce the activity’s adverse environmental effects so that they are no more than minimal.
(2) Agency coordination is required for: (i) all NWP activities that require pre-construction notification
and result in the loss of greater than 1/2-acre of waters of the United States; (ii) NWP 21, 29, 39, 40, 42, 43, 44,
50, 51, and 52 activities that require pre-construction notification and will result in the loss of greater than 300
linear feet of stream bed; (iii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard
per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iv) NWP 54
activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low
water line in tidal waters or the ordinary high water mark in the Great Lakes.
(3) When agency coordination is required, the district engineer will immediately provide (e.g., via e-
mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the
appropriate Federal or state offices (FWS, state natural resource or water quality agency, EPA, and, if
appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the
date the material is transmitted to notify the district engineer via telephone, facsimile transmission, or e-mail
that they intend to provide substantive, site-specific comments. The comments must explain why the agency
believes the adverse environmental effects will be more than minimal. If so contacted by an agency, the district
engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification.
The district engineer will fully consider agency comments received within the specified time frame concerning
the proposed activity’s compliance with the terms and conditions of the NWPs, including the need for
mitigation to ensure the net adverse environmental effects of the proposed activity are no more than minimal.
The district engineer will provide no response to the resource agency, except as provided below. The district
engineer will indicate in the administrative record associated with each pre-construction notification that the
resource agencies’ concerns were considered. For NWP 37, the emergency watershed protection and
rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a
significant loss of property or economic hardship will occur. The district engineer will consider any comments
received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance
with the procedures at 33 CFR 330.5.
(4) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide
a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation
recommendations, as required by section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and
Management Act.
(5) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre-
construction notifications to expedite agency coordination.
3. Regional Conditions for the Los Angeles District:
1. For all activities in waters of the U.S. that are suitable habitat for federally listed fish species, including
designated critical habitat for such species, the permittee shall design all new or substantially reconstructed
linear transportation crossings (e.g. roads, highways, railways, trails, bridges, culverts) to ensure that the
passage and/or spawning of fish is not hindered. In these areas, the permittee shall employ bridge designs
that span the stream or river, including pier- or pile-supported spans, or designs that use a bottomless arch
culvert with a natural stream bed, unless determined to be impracticable by the Corps.
2. Nationwide Permits (NWP) 3, 7, 12-15, 17-19, 21, 23, 25, 29, 35, 36, or 39-46, 48-54 cannot be used to
authorize structures, work, and/or the discharge of dredged or fill material that would result in the "loss" of
wetlands, mudflats, vegetated shallows or riffle and pool complexes as defined at 40 CFR Part 230.40-45.
The definition of "loss" for this regional condition is the same as the definition of "loss of waters of the
United States" used for the Nationwide Permit Program. Furthermore, this regional condition applies only
within the State of Arizona and within the Mojave and Sonoran (Colorado) desert regions of California.
The desert regions in California are limited to four USGS Hydrologic Unit Code (HUC) accounting units
(Lower Colorado -150301, Northern Mojave-180902, Southern Mojave-181001, and Salton Sea-181002).
3. When a pre-construction notification (PCN) is required, the Los Angeles District shall be notified in
accordance with General Condition 32 using either the South Pacific Division PCN Checklist or a signed
application form (ENG Form 4345) with an attachment providing information on compliance with all of the
General and Regional Conditions. The PCN Checklist and application form are available at:
http://www.spl.usace.army.mil/Missions/Regulatory/PermitProcess.aspx. In addition, unless specifically
waived by the Los Angeles District, the PCN shall include:
a. A written statement describing how the activity has been designed to avoid and minimize adverse
effects, both temporary and permanent, to waters of the United States;
b. Drawings, including plan and cross-section views, clearly depicting the location, size and
dimensions of the proposed activity as well as the location of delineated waters of the U.S. on the
site. The drawings shall contain a title block, legend and scale, amount (in cubic yards) and area (in
acres) of fill in Corps jurisdiction, including both permanent and temporary fills/structures. The
ordinary high water mark or, if tidal waters, the mean high water mark and high tide line, should be
shown (in feet), based on National Geodetic Vertical Datum (NGVD) or other appropriate
referenced elevation. All drawings shall follow the Updated Map and Drawing Standards for the
South Pacific Division Regulatory Program (Feb 2016), or most recent update (available at the South
Pacific Division website at:
http://www.spd.usace.army.mil/Missions/Regulatory/PublicNoticesandReferences.aspx/ );
c. Numbered and dated pre-project color photographs showing a representative sample of waters
proposed to be impacted on the project site, and all waters proposed to be avoided on and
immediately adjacent to the project site. The compass angle and position of each photograph shall be
documented on the plan-view drawing required in subpart b of this regional condition.
d. Delineation of aquatic resources in accordance with the current Los Angeles District’s Minimum
Standards for Acceptance of Aquatic Resources Delineation Reports (available at:
http://www.spl.usace.army.mil/Missions/Regulatory/Jurisdictional-Determination/).
4. Submission of a PCN pursuant to General Condition 32 and Regional Condition 3 shall be required for
specific regulated activities in the following locations:
a. All perennial waterbodies and special aquatic sites throughout the Los Angeles District as well as
intermittent waters within the State of Arizona for any regulated activity that would result in a loss
of waters of the United States. The definition of “loss of waters of the United States” for this
regional condition is the same as the definition used for the Nationwide Permit Program.
b. All areas designated as Essential Fish Habitat (EFH) by the Pacific Fishery Management Council,
and that would result in an adverse effect to EFH, in which case the PCN shall include an EFH
assessment and extent of proposed impacts to EFH. EFH Assessment Guidance and other supporting
information can be found at:
http://www.westcoast.fisheries.noaa.gov/habitat/fish_habitat/efh_consultations_go.html.
c. All watersheds in the Santa Monica Mountains in Los Angeles and Ventura counties bounded by
Calleguas Creek on the west, by Highway 101 on the north and east, and by Sunset Boulevard and
Pacific Ocean on the south.
d. The Santa Clara River watershed in Los Angeles and Ventura counties, including but not limited to
Aliso Canyon, Agua Dulce Canyon, Sand Canyon, Bouquet Canyon, Mint Canyon, South Fork of
the Santa Clara River, San Francisquito Canyon, Castaic Creek, Piru Creek, Sespe Creek and the
main-stem of the Santa Clara River.
e. The Murrieta and Temecula Creek watersheds in Riverside County, California for any regulated
activity that would result in a loss of waters of the U.S. The definition of “loss of waters of the
United States” for this regional condition is the same as the definition used for the Nationwide
Permit Program.
f. All waterbodies designated by the Arizona Department of Environmental Quality as Outstanding
Arizona Waters (OAWs), within 1600 meters (or 1 mile) upstream and/or 800 meters (1/2 mile)
downstream of a designated OAW, and on tributaries to OAWs within 1600 meters of the OAW (see
http://www.azdeq.gov/index.html).
g. All waterbodies designated by the Arizona Department of Environmental Quality as 303(d)-impaired
surface waters, within 1600 meters (or 1 mile) upstream and/or 800 meters (1/2 mile) downstream of
a designated impaired surface water, and on tributaries to impaired waters within 1600 meters of the
impaired water (see http://www.azdeq.gov/index.html).
5. Individual Permits shall be required for all discharges of fill material in jurisdictional vernal pools, with the
exception that discharges for the purpose of restoration, enhancement, management or scientific study of
vernal pools may be authorized under NWPs 5, 6, and 27 with the submission of a PCN in accordance with
General Condition 32 and Regional Condition 3.
6. Within the Murrieta Creek and Temecula Creek watersheds in Riverside County the use of NWPs 29, 39, 42
and 43, and NWP 14 combined with any of those NWPs shall be restricted. The loss of waters of the U.S.
cannot exceed 0.25 acre. The definition of “loss of waters of the United States” for this regional condition is
the same as the definition used for the Nationwide Permit Program.
7. Individual Permits (Standard Individual Permit or 404 Letter of Permission) shall be required in San Luis
Obispo Creek and Santa Rosa Creek in San Luis Obispo County for bank stabilization projects, and in
Gaviota Creek, Mission Creek and Carpinteria Creek in Santa Barbara County for bank stabilization
projects and grade control structures.
8. In conjunction with the Los Angeles District's Special Area Management Plans (SAMPs) for the San Diego
Creek Watershed and San Juan Creek/Western San Mateo Creek Watersheds in Orange County, California,
the Corps' Division Engineer, through his discretionary authority has revoked the use of the following 26
selected NWPs within these SAMP watersheds: 03, 07, 12, 13, 14, 16, 17, 18, 19, 21, 25, 27, 29, 31, 33, 39,
40, 41, 42, 43, 44, 46, 49, and 50. Consequently, these NWPs are no longer available in those watersheds to
authorize impacts to waters of the United States from discharges of dredged or fill material under the Corps'
Clean Water Act section 404 authority.
9. Any requests to waive the applicable linear foot limitations for NWPs 13, 21, 29, 39, 40 and 42, 43, 44, 51,
52, and 54, must include the following:
a. A narrative description of the affected aquatic resource. This should include known information on:
volume and duration of flow; the approximate length, width, and depth of the waterbody and
characters observed associated with an Ordinary High Water Mark (e.g. bed and bank, wrack line, or
scour marks) or Mean High Water Line; a description of the adjacent vegetation community and a
statement regarding the wetland status of the associated vegetation community (i.e. wetland, non-
wetland); surrounding land use; water quality; issues related to cumulative impacts in the watershed,
and; any other relevant information.
b. An analysis of the proposed impacts to the waterbody in accordance with General Condition 32 and
Regional Condition 3;
c. Measures taken to avoid and minimize losses, including other methods of constructing the proposed
project; and
d. A compensatory mitigation plan describing how the unavoidable losses are proposed to be
compensated, in accordance with 33 CFR Part 332.
10. The permittee shall complete the construction of any compensatory mitigation required by special
condition(s) of the NWP verification before or concurrent with commencement of construction of the
authorized activity, except when specifically determined to be impracticable by the Corps. When mitigation
involves use of a mitigation bank or in-lieu fee program, the permittee shall submit proof of payment to the
Corps prior to commencement of construction of the authorized activity.
4. Further information:
1. Congressional Authorities: You have been authorized to undertake the activity described above
pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(x) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
(a) This permit does not obviate the need to obtain other Federal, state, or local authorizations
required by law.
(b) This permit does not grant any property rights or exclusive privileges.
(c) This permit does not authorize any injury to the property or rights of others.
(d) This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability
for the following:
(a) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted
activities or from natural causes.
(b) Damages to the permitted project or uses thereof as a result of current or future activities
undertaken by or on behalf of the United States in the public interest.
(c) Damages to persons, property, or to other permitted or unpermitted activities or structures caused
by the activity authorized by this permit.
(d) Design or construction deficiencies associated with the permitted work.
(e) Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not
contrary to the public interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the
circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to,
the following:
(a) You fail to comply with the terms and conditions of this permit.
(b) The information provided by you in support of your permit application proves to have been false,
incomplete, or inaccurate (See 4 above).
(c) Significant new information surfaces which this office did not consider in reaching the original
public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension,
modification, and revocation procedures contained in 33 CFR 330.5 or enforcement procedures such as
those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the
issuance of an administrative order requiring you to comply with the terms and conditions of your
permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measure ordered by this office, and if you fail to comply with such directive, this office may
in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by
contract or otherwise and bill you for the cost.
6. This letter of verification is valid for a period not to exceed two years unless the nationwide permit is
modified, reissued, revoked, or expires before that time.
7. You must maintain the activity authorized by this permit in good condition and in conformance with the
terms and conditions of this permit. You are not relieved of this requirement if you abandon the
permitted activity, although you may make a good faith transfer to a third party in compliance with
General Condition H below. Should you wish to cease to maintain the authorized activity or should you
desire to abandon it without a good faith transfer, you must obtain a modification of this permit from
this office, which may require restoration of the area.
8. You must allow representatives from this office to inspect the authorized activity at any time deemed
necessary to ensure that it is being or has been accomplished with the terms and conditions of your
permit.
Page 1 of 14
C O A C H E L L A V A L L E Y W A T E R D I S T R I C T
P O S T O F F I C E B O X 1 0 5 8
C O A C H E L L A, C A L I F O R N I A 9 2 2 3 6
E N C R O A C H M E N T P E R M I T
TEMPORARY
X CONSTRUCTION
Underground Service Alert Inquiry Identification Number
(Permit invalid without this number.)
File: 0652.31
TO (PERMITTEE): TBD
ADDRESS:
CONTACT:
TELEPHONE:
EMAIL:
and subject to the following, PERMISSION IS HEREBY GRANTED to TO BE
DETERMINED, to construct the Dune Palms Bridge and associated improvements, including
but not limited to a portion of concrete slope protection on both banks, retaining walls, a 42-inch,
18-inch, and a 24-inch RCP storm drain outlet with trash grates and temporary bypass road
(Permittee Facilities) within the Coachella Valley Stormwater Channel (Channel) right-of-way as
depicted on CVWD Drawing Nos. 47481 through 47505. To relocate the existing sanitation and
domestic water lines (Permittee Facilities) within the Dune Palms Bridge as depicted on CVWD
Drawing Nos. 46250 through 46255. The project is for the City of La Quinta’s Dune Palms Road
Bridge Improvement Project #2011-05, located north of Highway 111 at Dune Palms Road
within Assessor Parcel No 600-010-009. Reference is hereby made to Encroachment Permit No.
050729-1-047 issued to City of La Quinta.
This project is located in the north half of section 29, township 5 south, range 7 east, San
Bernardino Meridian.
The following attachments are also included as part of this Permit (check applicable):
Special Provisions: X Yes, all marked provisions apply to the Permit.
General Provisions: X Yes
Work/Activity to be completed before_________. (Which date shall not be later than the
expiration of insurance coverage pursuant to the Insurance Requirements)
This Permit is to be strictly construed and no Work/Activity other than that described above is
authorized.
Fees Paid:
Processing $100.00 CR No. Contractor will pay these fees once awarded
=====================================================================
APPROVAL:
Effective Date:
General Manager
=====================================================================
Permit No. 050729-1-047C
050729-2-XXX
Page 2 of 14
APN: 600-010-009
File: 0652.31
ACCEPTANCE OF
ENCROACHMENT PERMIT
The undersigned agrees to be bound by and to perform all of the terms, covenants, conditions
and obligations of the Permittee set forth in Encroachment Permit No. 050729-1-047C
(“Permit”) including, but not limited to, the applicable general provisions and special provisions
identified on the face sheet of the Permit.
PERMITTEE:
TBD
(Signature)
(Print Name and Title)
(Date)
ENG EP-005
(Rev. 1/23/20)
Page 3 of 14
COACHELLA VALLEY WATER DISTRICT
SPECIAL PROVISIONS TO CONSTRUCTION
ENCROACHMENT PERMIT NO. 050729-1-047C
050729-2-XXX
X 1. The interest of CVWD in a portion of the CVWD/USBR Property is limited to an
easement for stormwater purposes and consequently this Permit does not represent
sole authorization required for the Permittee Facilities (as defined in the General
Provisions). Permittee shall obtain written approval of the owner(s) of fee title to the
CVWD/USBR Property.
X 2. The Permittee Facilities shall be constructed and Work performed within the
Channel right-of-way in accordance with CVWD Drawing Nos. 47481 through
47505 and the relocation of the sanitation and domestic water in accordance with
CVWD Drawing Nos. 46250 through 46255.
X 3. Earth shall be removed on a uniform gradient and in such a manner that no holes are
created which will cause ponding of runoff.
X 4. The Work/Activity authorized by this Permit shall not conflict with the normal
operation and maintenance of CVWD/USBR Facilities.
X 5. Deposit materials shall consist of clean fill dirt.
X 6. Permittee shall implement preventative measures, e.g., double walled tank,
containment facilities, etc., to prevent chemical and petroleum spills
7. Permittee shall pay consumptive canal water construction rates and other
consumptive and miscellaneous charges (i.e. canal water, gate charge, quagga
mussel mitigation surcharge, etc.) at rates that exist at the time of consumption,
which can be amended from time to time.
8. Permittee to install pump in a manner that backwash does not run into the canal.
9. Construction meter must totalize in acre-feet. Flow shall be measured, preferably, in
cubic feet, GPM is acceptable.
10. Pump capacity shall not exceed 6 cfs.
11. Permittee is prohibited from utilizing a hurricane pump in the canal. The pump and
truck fill must be placed off of the canal road. A suction hose or pipe may be laid
across the canal road with a dirt ramp or other means for vehicle traffic to cross. No
excavating is allowed on the canal road or bank. CVWD vehicles and equipment
must be able to travel the road unimpeded at all times. Equipment setup and
operation shall be executed to prevent washouts of the canal road and bank.
Backwash will not be permitted to be discharged back into the canal. CVWD/USBR
Facilities must be returned to original or better condition when the pump and
appurtenances are removed.
12. Permittee is responsible for any crop loss or crop damage as a result of the
Permittee’s actions.
Page 4 of 14
13. Permittee shall notify the Zanjero Supervisor in writing two (2) weeks prior to
commencing any construction on irrigation facilities/laterals. Laterals shall not be
out of service for more than three (3) consecutive days unless other means of
providing continuous water service to existing customers is established.
14. Permittee shall adhere to the attached Construction Water Use Provisions for the
Coachella Canal (Provisions) regarding Quagga Mussel prevention. Permittee shall
contact Scott McCue at (760) 398-2651, extension 2654, or the authorized designee
for inspection per the Provisions prior to commencing Permit activities.
X 15. Permittee shall not block access to CVWD/USBR Facilities. CVWD vehicles must
be able to pass for its normal operation and maintenance activities.
X 16. Permittee, at its expense, shall maintain all excavations, embankments, haul roads,
permanent access roads, plant sites, waste disposal areas, borrow areas and all other
work areas free from dust.
X 17. All Work within the CVWD/USBR Property shall conform to the following standards
of construction (a copy of the below-checked edition or specification must be on-site
at all times):
X Standard Specifications State of California Department of Transportation
(Caltrans), most current edition.
X Standard Specifications for Public Works Construction as written and
promulgated by the Southern California Chapter of the American Public
Works Association and the Southern California District of the Associated
General Contractors of California (Green Book), most current edition.
CVWD Standard Specifications for Construction of:
Domestic water systems
Sanitary sewer systems
Irrigation Systems
X 18. Prior to approval of a Permit for outlets discharging into CVWD Facilities, Permittee
shall provide a letter from the land use authority having jurisdiction over the Work
certifying that the Work has been reviewed and determined to meet the requirements
of the National Pollutant Discharge Elimination System permit and Waste Discharge
Requirements for the discharge of stormwater in the Whitewater River Watershed,
which is known as the MS4 Permit, including any amendment to or replacement of
such MS4 Permit that may be issued in the future. This certification applies to
requirements included in the Drainage Area Management Plan, Stormwater
Management Plan, Stormwater Pollution Prevention Plan and Water Quality
Management Plan described in the MS4 Permit and is applicable to the Work (as
defined in the General Provisions) at the time of the application for this Permit.
CVWD requires Permittee to implement control measures to the maximum extent
practicable to prevent the discharge of nonstormwater generated runoff into CVWD
Page 5 of 14
Facilities. Permittee shall repair and maintain the outlet structure and CVWD
Facilities to mitigate any condition of nuisance and/or damage to the outlet structure
and CVWD Facilities caused by Permittee’s nonstormwater discharge as determined
by CVWD. This maintenance and repair shall include, but not be limited to, outlet
concrete repairs, CVWD Facilities bottom scour repair, slope protection repair,
vegetation clearing, ponded/nuisance water removal, etc. Failure to comply with
these conditions of approval may result in revocation by CVWD of the Permit
associated with the outlet and removal or sealing of the outlet. In the event Permittee
fails to perform the abovementioned responsibilities, CVWD may elect to complete
any or all of such tasks at Permittee’s cost and expense. Such cost shall be paid by
Permittee within ten (10) calendar days following receipt of an invoice from
CVWD.
19. Surface and subsurface drainage facilities in the vicinity of this project were
designed and constructed for agricultural drainage. CVWD will consider use of
these drainage facilities for urban drainage if (1) the surface and subsurface
drainage facilities can physically handle the new urban drainage, (2) the area is
incorporated into the National Pollutant Discharge Elimination System permit and
Waste Discharge Requirements for the disc harge of stormwater in the Whitewater
River Watershed, which is known as the MS4 Permit and (3) the project is annexed
into a future district(s) for recovery of capital and operation/maintenance costs
associated with the new urban drainage system. CVWD may need replacement or
additional drainage facilities to provide for the orderly expansion of the drainage
system.
X 20. CVWD receipt for stormwater outlet fees must be provided, if required.
X 21. Inspection shall be required per the below Ge neral Provision No. 3. Permittee shall
coordinate with CVWD both for a pre -construction meeting and for inspection
prior to any construction activity within the Channel.
X 22. There is flooding risk within the Channel. Staging, stockpiling and leaving
equipment overnight are not allowed.
X 23. As of the date of the Permit, the construction drawings are at approximately 95%
and have NOT been approved by CVWD. The permit will be amended to include the
approved drawings. The Contractor must apply for a Construction Encroachment
Permit and is required to provide the approved construction drawings at the time of
submitting the application.
X 24. Permittee shall notify CVWD’s Facilities and Maintenance Department prior to
performing any maintenance on Permittee Facilities. Please contact Facilities and
Maintenance at 760-398-2651 Monday through Friday for work area access.
X 25. Permittee shall protect in place all CVWD/USBR facilities.
Page 6 of 14
COACHELLA VALLEY WATER DISTRICT GENERAL PROVISIONS TO CONSTRUCTION ENCROACHMENT PERMIT
These General Provisions apply to construction and/or temporary use of Permittee Facilities (as
defined herein), as appropriate to the context of each section and the nature of Permittee Facilities.
1. No Precedent Established. No action under this Permit establishes a precedent regarding (a) the
advisability of permitting any certain type of encroachment to exist within Coachella Valley Water
District (“CVWD”)/United States Bureau of Reclamation (“USBR”) Property, or (b) to the acceptability
of any such permit in any other or future situation. “CVWD/USBR Property” means any fee owned
land(s) or easement(s) held by CVWD/USBR.
2. Prior Meeting and Requirements . Before starting any work or undertaking any activity on the
CVWD/USBR Property (“Work”) or (“Activity”) as appropriate under the Permit, Permittee shall
contact CVWD’s Chief Inspector or other designated employee and arrange for a pre-construction or pre-
activity meeting. No Work or Activity shall be performed prior to such meeting. Permittee shall provide
at such meeting a plan for fugitive dust control in compliance with AQMD Rule 403, if applicable.
Unless specifically not required, before starting Work or Activity, Permittee shall provide to CVWD the
inquiry Identification Number (the number provided by Underground Service Alert (USA) to every
person who contacts USA pursuant to Section 4215.5 of the Government Code). No Work or Activity
shall occur under the Permit outside of the normal working hours of CVWD employees unless the
CVWD inspector is present and Permittee shall have first obtained the consent of CVWD’s Chief
Inspector. If the Work/Activity is interrupted for two (2) consecutive business days or more, Permittee
shall obtain from CVWD’s Chief Inspector consent to resume the Work/Activity. Reference herein to
“Permittee Facilities” means any use of the CVWD/USBR Property by Permittee, whether involving
construction (Work) or a use not involving construction (Activity).
3. Inspection. All Work/Activity shall be subject to inspection and approval by CVWD. Permittee
shall schedule CVWD Inspection one (1) business day in advance of performing any activities under this
Permit. The following items are required in order to schedule Inspection: 1) project title, 2) inspec tion
number, and 3) activities to be performed. Permittee shall notify the Inspection Division when the
Work/Activity has been completed and obtain a final inspection report. If any inspection by CVWD
indicates that the Work/Activity and/or Permittee Facilities interfere with CVWD’s use of the
CVWD/USBR Property or the rights of the owner of such real property or the holder of any prior rights
(as determined by CVWD in its sole and absolute discretion), Permittee shall remove or replace the
Permittee Facilities as directed by CVWD. In the event Permittee fails to do so, CVWD may elect to
complete any or all of such tasks at Permittee’s cost and expense. Such cost shall be paid by Permittee
within ten (10) calendar days following receipt of an invoice from CVWD. Inspection will be
performed by CVWD at the Permittee’s expense as required by Coachella Valley Water District Code
(CVWDC) 3.05.210. (ord. 1399.13 § 8-1, 2019) Inspection charge – 1. A. Amount. The charge for
inspection of a Construction Encroachm ent Permits, as provided in CVWDC 3.05.330(B), is based on
an hourly rate. See Appendix P. A deposit is required as described below. B. Deposit. The Permittee
shall deposit the estimated cost of the inspection prior to the start of construction. When the i nspection
charges exceed 90 percent of the deposit, the Permittee shall make additional deposits prior to any
additional inspection. C. Refund. CVWD will refund any excess funds within 30 days of acceptance of
the facilities by CVWD. All outstanding invoic es need to be paid prior to the release of the deposit.
(Ord. 1399.13 § 5-8, 2019). The Coachella Valley Water District Code is current through Ordinance
1438, and legislation passed through August 13, 2019, as may be amended from time to time.
4. Permit and Plans on Job Site. The Permit and construction drawings/exhibits or copies thereof
shall be kept at the job site and must be shown to any representative of CVWD or any law enforcement
officer on demand. If the Permit and construction drawings/exhibits are not on the job site, CVWD may,
at its option, require immediate suspension of Work/Activity by oral notice to Permittee’s employees,
contractors or representatives at the job site.
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5. Authorized Permit Users. The Permit may be used and any Work/Activity under this Permit may
be performed only by the named Permittee and its contractors, subcontractors, authorized agents , invitees,
and representatives. No other parties are authorized to perform Work/Activity under this Permit.
6. Conflicting Permits. If an existing encroachment or improvement pursuant to a prior CVWD
permit conflicts with the proposed Work/Activity, Permittee must arrange, at its sole cost and at no
expense to CVWD, for any removal or relocation of such prior encroachment or improvement with the
owner/permittee thereof.
7. Additional Approvals; Environmental Compliance. The Work/Activity may require that
Permittee obtain written orders, approvals, authorizations or consent (collectively “Approvals”) from
and/or comply with environmental laws and regulations issued or administered by certain federal, state or
local agencies including (without limitation) the U.S. Army Corps of Engineers (“USACE”), California
Department of Fish and Wildlife (“DFW”), United States Fish and Wildlife Service (“FWS”), Regional
Water Quality Control Board, Colorado River Region (“Regional Board”), California Public Utilities
Commission (“PUC”) and/or Cal-OSHA. Permittee is responsible for obtaining and complying with all
State and Federal permits needed for the Permittee Facilities to satisfy Clean Water Act Requirements.
Compliance with environmental laws may require the obtaining from DFW of a Streambed Alteration
Agreement (Fish and Game Code, Section 1600 et seq.), Regional Board Section 401 Permit, Waste
Discharge Requirements, compliance with the California Environmental Quality Act (“CEQA”),
Regional Board best management practices, USACE Section 404 permitting, compliance with the
Coachella Valley Multiple Species Habitat Conservation Plan (“CVMSHCP”) including payment of the
Local Development Mitigation Fee (“LDMF”) to the Coachella Valley Conservation Commission
(“CVCC”) as administered by Cities and Counties, and other permits and requirements. Permittee is
aware that some or all of the Work/Activity may take place in regulated waters of the United States or
waters of State of California, requiring Permittee to obtain appropriate permits and Approvals. In
addition, to the extent issuance of the Permit or other action triggers the requirement for CVWD or its
affiliates to prepare additional environmental review pursuant to CEQA or the National Environmental
Policy Act (“NEPA”), Permittee shall be responsible to reimburse and indemnify CVWD for all costs of
such compliance. Authorization to undertake the Work/Activity under this Permit is specifically
conditioned upon Permittee’s compliance with all the terms and requirements of the Approvals. If
CVWD is not the fee owner of the CVWD/USBR Property, Permittee shall also obtain Approval from the
Owner(s) of such Property. This Permit shall be effective and Work/Activity may commence hereunder
only upon receipt by Permittee of all necessary Approvals. Permittee shall abide by stormwater discharge
regulations adopted by the U.S. Environmental Protection Agency and the State Water Resources Control
Board.
8. In the event Work including, but not limited to, clearing, grading and excavation results in a land
disturbance of one (1) or more acres, Permittee shall:
Submit a Notice of Intent (State Form II) in compliance with the terms of the general permit to
discharge stormwater associated with construction activity to the State Water Resources Control Board
and to CVWD.
State Water Resources Control Board
Division of Water Quality
Attention: Stormwater Permit Unit
Post Office Box 1977
Sacramento, California 95812
9. Compliance with Laws. All Work/Activity shall be completed at no cost to CVWD in
conformance with all laws, rules and regulations of all governmental or quasi-governmental agencies and
the owners of the real property upon which the Work/Activity is to be accomplished.
10. Drainage Modification. If there is potential for the Work/Activity to effect existing drainage or
drainage patterns, Permittee will consult with CVWD before Work/Activity begins.
Page 8 of 14
11. Clean Up. Permittee shall not deposit asphalt, concrete, organic matter, chemicals, metal, paper,
trash or other waste or debris within the CVWD/USBR Property. Upon completion of the Work/Activity
or any subsequent repair or maintenance of Permittee Facilities, all brush, timber, scraps, material, etc.,
placed at the job site by or on behalf of Permittee shall be entirely removed and Permittee shall restore the
CVWD/USBR Property to its prior condition as nearly as may be possible. If, during the course of the
Work/Activity or thereafter, construction, reconstruction or maintenance work must be performed by
CVWD within the CVWD/USBR Property, the Work/Activity shall, upon request of CVWD,
immediately cease and the Work/Activity or Permittee Facilities shall be re located, at Permittee’s sole
cost. If Permittee fails to do any of the foregoing, CVWD may elect to complete all or any of such tasks
at Permittee’s cost and expense. Such cost shall be paid by Permittee within ten (10) calendar days
following receipt of an invoice from CVWD.
12. Mechanics Lien Claims. In its performance of the Work/Activity or any other activities
associated with this Permit, including operation and maintenance of Permittee Facilities, Permittee shall
assure that the CVWD/USBR Property is kept free from mechanics lien claims and shall defend,
indemnify and hold CVWD free and harmless from and against any such claims. In the event a
mechanics lien is filed against the CVWD/USBR Property, Permittee shall cause such lien to be removed
(whether by bonding or otherwise) within thirty (30) calendar days after it is recorded.
13. As-Built Plans. Not later than fifteen (15) calendar days following completion of the Work,
Permittee shall provide to CVWD a set of “As-Built” drawings from the Engineer of Record with
sufficient accuracy to allow CVWD to determine the location of the Permittee Facilities, if applicable.
14. CVWD Non-liability; Permittee Responsibility. CVWD shall not be liable for the replacement of
decorative concrete and other surface improvements, including, but not limited to, alternative paving
methods or treatments or the removal of some or all Permittee Facilities which removal may be required
in order to gain access to CVWD/USBR Facilities. “CVWD/USBR Facilities” means any facilities
owned by CVWD/USBR and located within, under, or upon CVWD/USBR Property. CVWD shall not be
responsible for seal coating, overlaying or otherwise resurfacing street improvements and Permittee shall
be responsible for all such costs. Permittee waives any claim, loss, damage or action against CVWD or
its Representatives (as defined below) arising out of or in connection with any Claims (as defined below)
or destruction of the Permittee Facilities from the exercise of CVWD of any right with respect to
CVWD/USBR Property, unless caused by the gross negligence or willful misconduct of CVWD or its
Representatives. CVWD shall have no liability or responsibility to restore any Permittee Facilities on
CVWD/USBR Property to any condition after exercising any right with respect to CVWD/USBR
Property or to pay for loss or destruction of the same and Permittee shall be responsible for all such costs.
The term “Representatives” shall mean employees, representatives, agents, contractors, subcontractors,
invitees, and other persons directly or indirectly employed by or reasonably under the control of any of
the foregoing or for whose acts any of the foregoing may be liable.
15. Defense and Indemnity . Permittee shall defend, indemnify and hold harmless CVWD and its
Representatives (the “Indemnified Parties”), from and against all actions, causes of action, demands,
liabilities, costs, damages, claims, losses and expenses (including attorneys’ fees) (collectively,
“Claims”) of every type and description to which they may be subjected, by reason of, or resulting from:
(a) this Permit; (b) any act or omission of Permittee or its Representatives in connection with any matters
contemplated by this Permit; (c) any death, personal injury, property damage or casualty (including, but
not limited to death, personal injury, property damage, or casualty to third parties and any damage to any
CVWD Facilities); (d) any breach by Permittee of its obligations under this Permit; (e) enforcement by
CVWD of any provision of this Permit; and (f) the maintenance, operation, repair, replacement or
improvement of Permittee’s Facilities, except for Claims ultimately established by a court of competent
jurisdiction to have been caused by the gross negligence or willful misconduct of the Indemnified Parties.
Except in the case of CVWD’s gross negligence or willful misconduct, Permittee, as a material part of the
consideration of this Permit, waives all claims or demands against CVWD and the other Indemnified
Parties for any such Claims. No provision of this Permit shall in any way limit the responsibility of
Permittee for payment of damages resulting from its operations or the operations of any of its
Representatives. Permittee further covenants and agrees to pay, or to reimburse the Indemnified Parties
for all Claims arising out of or in connection with Permittee’s obligations pursuant to this Permit, except
Page 9 of 14
Claims arising through the gross negligence or willful misconduct of the Indemnified Parties. The
Indemnified Parties shall have the right, at Permittee’s expense, to commence, to appear in, or to defend
any action or proceeding, arising out of and in connection with the Permit, and in connection therewith,
may pay all necessary expenses if Permittee fails upon reasonable notice to so commence, appear in or
defend any action or proceeding with counsel reasonably acceptable to CVWD. Permittee shall be
furnished with copies of bills relating to the foregoing upon request.
16. Damage to CVWD/USBR Facilities. If the CVWD/USBR Facilities are damaged or destroyed as
a result of the exercise of the rights provided in this Permit, the Work/Activity, construction, operation
and maintenance of the Permittee Facilities or any other cause associated with or arising out of the
existence of the Permit, Permittee shall be responsible for all costs associated with the reconstruction or
repair of the affected CVWD/USBR Facilities and shall reimburse the same within thirty (30) calendar
days following written demand from CVWD.
17. Insurance. Notwithstanding the Effective Date of this Permit, this Permit shall not take effect or
become binding on CVWD until Permittee has complied with the Insurance Requirements, attached
hereto as Schedule 1. If required insurance coverage expires, is canceled or otherwise terminates prior to
the completion of the Work/Activity or otherwise prior to the intended expiration of this Permit, all
uncompleted Work/Activity shall cease until required insurance coverage is reinstated. If Work/Activity
has been completed but this Permit remains in effect with respect to the operation and maintenance of
Permittee Facilities, failure by Permittee to maintain required insurance coverage shall be a material
default by Permittee hereunder, as a result of which CVWD may elect to terminate this Permit and upon
such termination, to require the immediate removal of all Permittee Facilities and restoration of the
CVWD/USBR Property to its prior condition. Notwithstanding an election by CVWD to terminate this
Permit in accordance with the provisions of this section, Permittee will remain liable to CVWD for all
obligations as set forth in this Permit.
18. Cost of Work. Unless otherwise stated in this Permit, all costs associated with the Work/Activity
and/or Permittee’s use of the CVWD/USBR Property shall be the sole responsibility of Permittee.
Permittee waives all claims for indemnification or contribution from CVWD for such Work and/or
Activity.
19. Security for Performance. A security or cash deposit may be required of Permittee whenever, in
CVWD’s sole discretion, it becomes necessary or advisable to guaranty performance.
20. Termination/Removal of Permittee Facilities.
(a) CVWD. CVWD reserves the right and privilege to terminate this Permit upon thirty (30)
calendar days prior written notice of revocation by CVWD to Permittee, with or without cause
and for any reason whatsoever. Upon the termination of this Permit by CVWD, Permittee shall,
within the time prescribed by CVWD, remove all Permittee Facilities and restore the
CVWD/USBR Property to its prior condition, all at Permittee’s sole cost. In the case of an
emergency, as determined by CVWD in its sole and absolute discretion, CVWD may remove the
Permittee Facilities without prior written notice to the Permittee. If Permittee fails to remove the
Permittee Facilities as set forth in the written notice of revocation, CVWD shall have the right to
remove the Permittee Facilities without reimbursement to Permittee. In such event and in the
event of the removal due to an emergency, the cost of removal by CVWD, plus an administ rative
fee in the amount of fifteen percent (15%) of such costs, shall be paid by Permittee to CVWD
within fifteen (15) calendar days of Permittee’s receipt of an invoice from CVWD. The parties
hereto agree that such charge represents a fair and reasonable estimate that CVWD will incur to
oversee the removal of the Permittee Facilities.
(b) Permittee. Permittee may terminate this Permit at any time, with or without cause and for
any reason whatsoever. Such termination shall be effective upon the removal of the Permittee
Facilities and restoration of the CVWD/USBR Property to its prior condition, all at Permittee’s
sole cost.
Page 10 of 14
21. CVWD Rights and Responsibilities. If the Permit involves Work/Activity or Permittee Facilities
within any CVWD stormwater channel or other flood protection facilities (“Channel”), the provisions of
Paragraphs (a) and (b) following, shall apply.
(a) CVWD reserves the right to maintain and operate the Channel, removing therefrom any
Permittee Facilities (or portions thereof), installation, obstruction or interference (collectively
“Obstruction”) when such Obstruction substantially interferes with the free flow of the Channel
waters or, in CVWD’s sole discretion, interferes with performance by CVWD of its public duties
and responsibilities. CVWD also reserves the right to realign the Channel, changing the course
and depth thereof and/or to make other changes and improvements to the Channel, as CVWD
deems necessary. Any such removal of Permittee Facilities shall, at CVWD’s election, be at
Permittee’s sole cost and expense, to be reimbursed by Permittee to CVWD within thirty (30)
calendar days following receipt of written demand.
(b) Permittee recognizes the responsibility of CVWD to make changes to the Channel as
described above and to maintain the integrity of the Channel during periods of stormwater runoff.
Permittee therefore waives and releases CVWD and CVWD Indemnitees from all claims for
damage to or destruction of the Permittee Facilities caused by CVWD or its Representatives.
Any removal of debris and silt resulting from or exacerbated due to the Work/Activity or the
Permittee Facilities or repairs, reconstruction, restoration, or relocation of the Work/Activity or
Permittee Facilities damaged or destroyed as defined herein shall be performed by and at the sole
expense of Permittee.
22. Assumption of the Risk. Storm, surface, ground, nuisance, or other waters may be encountered at
various times during Permittee Work/Activity. Permittee hereby acknowledges and agrees that there are
certain inherent risks and dangers associated with such waters; and that, except as expressly set forth
herein, it knowingly and voluntarily accepts and assumes responsibility for, each of these risks and
dangers, and all other risks and dangers that could arise out of, or occur during, Permittee’s
Work/Activity. Such inherent risks and dangers include, but are not limited to: flooding, health hazards,
slippery ground, uneven surfaces, and debris and known and unknown risks of serious personal injury,
including death, and damage to or loss of Permittee Facilities. CVWD EXPRESSLY DISCLAIMS AND
PERMITTEE EXPRESSLY ASSUMES ANY AND ALL LIABILITY FOR DEATH, PERSONAL
INJURY OR PROPERTY DAMAGE TO THIRD PARTIES OR TO PERMITTEE WHICH ARE NOT
DIRECTLY CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CVWD, AS
DETERMINED BY A COURT OF COMPETENT JURISDICTION.
23. Subordination. The Work/Activity and the Permittee Facilities are subordinate to any operations
of CVWD and shall be coordinated with the work of CVWD forces or CVWD contractors so that there
shall be no delay to or interference with CVWD operations.
24. Location of Other Facilities. Permittee shall be fully responsible to ascertain the location of all
facilities constructed by others, and to locate and construct the Permittee Facilities or perform the
Work/Activity in a manner which will not damage, conflict or interfere with any existing encroachment ,
improvement or facility. Prior to making any excavation, Permittee shall call Underground Service Alert.
25. Real Property Interests. This Permit and permission granted herein extends only to those real
property interests held by CVWD/USBR in the subject real property. No warranty is made that
CVWD/USBR possesses all of the rights or title necessary for Permittee to accomplish work under this
Permit and Permittee is cautioned to satisfy itself that it has obtained all necessary rights or permits prior
to commencement of work. This Permit does not constitute a grant of any real property interest from
CVWD/USBR to Permittee.
26. Taxable Possessory Interest. Permittee acknowledges that a taxable possessory interest may have
been created by this Permit and in such event, Permittee may become subject to payment of possessory
interest taxes levied on such interest. Payment of possessory interest taxes, if any, will be the sole
responsibility of Permittee.
Page 11 of 14
27. Miscellaneous. The following additional provisions apply:
(a) Time is of the essence of this Permit and each and every term and provision thereof.
(b) This Permit shall be construed as if prepared by all of the parties hereto. Accordingly,
any rule of law (including California Civil Code Section 1654) or legal decision that would
require interpretation of any ambiguities in this Permit against the party that has drafted it is not
applicable and is waived.
(c) No delay on the part of any party in exercising any right, power or privilege hereunder
shall operate as a waiver thereof, nor shall any waiver by any party of any right, power or
privilege hereunder operate as a waiver of any other right, power or privilege, nor shall any single
or partial exercise of any right, power or privilege hereunder preclude any other or further
exercise of any other right, power or privilege.
(d) Each person executing this Permit represents and warrants that he or she has full power
and authority to execute this Permit on behalf of the named parties.
(e) Any action or proceeding to enforce or relating to this Permit shall be brought exclusively
in the Federal or State courts located in Riverside County, California, and the parties hereto
consent to the exercise of personal jurisdiction over them by any such court for purposes of any
such action or proceeding.
(f) This Permit, together with the exhibits attached hereto and other writings referenced
herein, contains the entire agreement between the parties relating to the subject matter hereof and
supersedes any and all prior agreements between the parties, oral or written, and any amendments
thereto. Any oral representations or modifications concerning this Permit are of no force and
effect except a subsequent modification in writing, signed by the parties to be charged.
(g) In the event of any litigation or other action between the parties arising out of or relating
to this Permit or the breach thereof, the prevailing party shall be entitled, in addition to such other
relief as may be granted, to its reasonable costs and attorneys’ fees.
(h) The invalidity or illegality of any provisions of this Permit shall not affect the remainder
of the Permit.
(i) If Permittee requests that CVWD review or execute assignments, estoppels or other
documents related to this Permit and its continued validity, Permittee shall be solely responsible
for costs incurred by CVWD to respond to such request.
(j) This Permit is entered into within the State of California, and all questions concerning the
validity, interpretation and performance of any of its terms or provision or any of the rights or
obligations of the parties hereto shall be governed by and resolved in accordance with the laws of
the State of California.
(k) Permittee must notify CVWD’s Chief Surveyor at least forty-eight (48) hours prior to
removing or replacing any Survey Monuments. All monuments must be replaced at Permittee’s
expense and must be replaced in accordance with sections 8771 and 8772 of the Business and
Professions Code.
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SCHEDULE 1
INSURANCE REQUIREMENTS
MINIMUM SCOPE AND LIMIT OF COVERAGE. Prior to and at all times after
executing the Permit, Permittee shall procure and maintain, at its sole cost, for the duration of
Permittee’s obligations hereunder, not less than the following coverage and limits of insurance,
with insurers and under policy forms satisfactory to CVWD.
(a) Commercial General Liability Insurance written on an occurrence basis of at
least $1,000,000 per occurrence/$2,000,000 aggregate including ongoing operations, products
and completed operations, property damage, bodily injury, personal and advertising injury, and
premises/operations liability.
(i) Coverage for Commercial General Liability insurance shall be at least as
broad as Insurance Services Office Commercial General Liability coverage form (Occurrence
Form CG 00 01) or exact equivalent.
(ii) The policy shall contain no endorsements or provisions limiting coverage
for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against
another; (3) products and completed operations liability; or (4) contain any other exclusion
contrary to the Permit.
(iii) The policy shall be endorsed to name Coachella Valley Water District, its
employees, directors, officers, agents, and volunteers as additional insureds using ISO
endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same
coverage.
(b) Commercial Automobile Liability Insurance written on a per occurrence basis
of at least $1,000,000 per occurrence for bodily injury and property damage.
(i) Coverage for automobile liability insurance shall be at least as broad as
Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage
Symbol 1, any auto)
(ii) The policy shall be endorsed to name Coachella Valley Water District, its
employees, directors, officers, agents, and volunteers as additional insureds.
(c) Workers’ Compensation Insurance/Employers Liability as required by the
State of California with statutory limits or be legally self-insured pursuant to Labor Code section
3700 et seq. along with Employer’s Liability limits of no less than $1,000,000 per occurrence for
bodily injury or disease. The workers compensation insurer shall agree, using form WC 00 03
13 or the exact equivalent to waive all rights of subrogation against Coachella Valley Water
District, its employees, directors, officers, and agents.
OTHER INSURANCE PROVISIONS. All of Permittee’s policies shall meet the
following requirements and contain all specified provisions/endorsements noted hereunder.
(a) Insurers shall provide CVWD at least thirty (30) days prior written notice of
cancellation of any policy required by this Permit, except that insurers shall provide at least ten
(10) days prior written notice of cancellation of any such policy due to non-payment of premium.
In the event any insurer issuing coverage hereunder does not agree to provide notice of
Page 13 of 14
cancellation to CVWD, Permittee shall assume such obligation and provide written notice of
cancellation in accordance with the above. If any of the required coverage is cancelled or
expires during the term of this Permit, Permittee shall deliver renewal certificate(s) including
endorsements to CVWD at least ten (10) days prior to the effective date of cancellation or
expiration.
(b) The Commercial General Liability Policy and Automobile Policy shall each
contain a provision stating that Permittee’s policy is primary insurance and that any insurance,
self-insurance or other coverage maintained by CVWD or any additional insureds shall not be
called upon to contribute to any loss.
(c) All required insurance coverages shall contain a provision, or be endorsed, to
waive subrogation in favor of the Coachella Valley Water District, its employees, directors,
officers, and agents or shall specifically allow Permittee to waive its right of recovery prior to a
loss. Permittee hereby waives its own right of recovery against Coachella Valley Water District,
its employees, directors, officers, and agents.
(d) If at any time during the life of the Permit, any policy of insurance required under
this Permit does not comply with these specifications or is canceled and not replaced, CVWD
has the right but not the duty to obtain the insurance it deems necessary and any premium paid
by CVWD will be promptly reimbursed by Permittee. In the alternative, CVWD may cancel this
Permit.
(e) CVWD may require Permittee to provide complete copies of all insurance
policies and endorsements in effect for the duration of the Permit.
(f) The general liability and automobile liability programs may utilize either
deductibles or provide coverage excess of a self-insured retention, subject to written approval by
CVWD, and provided that such deductibles shall not apply to CVWD as an additional insured.
(g) Claims made policies are not acceptable
(h) Permittee shall not allow any of its contractors, consultants, subcontractors or
subconsultants to commence work under this Permit until Permittee has required and verified
that contractors, subcontractors, consultants, or subconsultants have secured all insurance
required under this Section, including waivers of subrogation and other endorsements. Policies
of commercial general liability insurance provided by such contractors, consultants,
subcontractors or subconsultants shall be endorsed to name Coachella Valley Water District, its
employees, directors, officers, and agents as additional insureds using ISO form CG 20 38 04 13
and CG 20 10 11 85, or an endorsement providing the exact same coverage. If requested by
Permittee, CVWD may approve different scopes or minimum limits of insurance for particular
contractors, consultants, subcontractors or subconsultants.
VERIFICATION OF COVERAGE. Prior to execution of the Permit, Permittee shall
file with CVWD evidence of insurance from an insurer or insurers certifying to the coverage of
all insurance required herein. Such evidence shall include original copies of the Certificate of
Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence
of insurance shall be signed by a properly authorized officer, agent, or qualified representative of
the insurer and shall certify the names of the insured, any additional insureds, where appropriate,
the type and amount of the insurance, the location and operations to which the insurance applies,
and the expiration date of such insurance. All policies required shall be issued by acceptable
insurance companies, as determined by CVWD. Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
Page 14 of 14
business of insurance in the State of California, or otherwise allowed to place insurance through
surplus line brokers under applicable provisions of the California Insurance Code or any federal
law.
LIABILITY NOT LIMITED. Defense costs shall be payable in addition to the limits
set forth herein. Requirements of specific coverage or limits contained herein are not intended as
a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally
provided by any insurance. The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve Permittee from liability in
excess of such coverage, nor shall it limit Permittee’s indemnification obligations to CVWD and
shall not preclude CVWD from taking such other actions available to CVWD under other
provisions of the Permit or law.
AVAILABLE LIMITS. Notwithstanding the minimum limits set forth above, any
available insurance proceeds in excess of the specified minimum limits of coverage shall be
available to the parties required to be named as additional insureds.
RESERVATION OF RIGHTS. CVWD reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience, insurer,
coverage, or other special circumstances.
Rec'd in the SRAB on 2/11/2020
APPENDIX D
ENVIRONMENTAL COMMITMENTS RECORD (ECR)
Date: 02/08/2020 Environmental Coordinator: WSP Phone No: 000-000-0000 ENVIRONMENTAL COMMITMENTS RECORD (ECR) Riverside County - CA - City of La Quinta Federal Aid #: BRNBIL (537) Dune Palms Road Low Water Crossing Replacement Proj. 1 Task and Brief Description Responsible Branch / Staff Timing / Phase NSSP Req. Action Taken to Comply with Task Remarks Environmental Compliance Initial Date ENVIRONMENTAL PS&E REVIEW Proj Mgmt & Environmental District PS&E Circ PRECONSTRUCTION MEETING Proj Mgmt Contract Award Transfer Resident Engineer Book Proj Eng Preconst Meeting PRE JOB MEETING Proj Mgmt & Const Const ENVIRONMENTAL COMPLIANCE REVIEW Proj Mgmt & Const Safety Review DESIGN FEATURES MEMORANDUM Proj Mgmt & Const Post Const Air Quality Biology Cultural Resources Water Quality Hazardous Materials Relocation Noise Traffic & Transportation Air Quality AQ-1 Throughout construction, local and state regulations regarding dust control and other emissions reduction controls, such as those noted below, would be followed: • Water or dust palliative will be applied to the site and equipment as often as necessary to control fugitive dust emissions. Fugitive emissions generally must meet a “no visible dust” criterion either at the point of emissions or at the right-of-way line depending on local regulations. • Soil binder will be spread on any unpaved roads used for construction purposes, and on all project construction parking areas. • Trucks will be washed as they leave the right-of-way as necessary to control fugitive dust emissions. • Construction equipment and vehicles will be properly tuned and maintained. All construction equipment will use low sulfur Contractor/ Construction Manager Construction
Date: 02/08/2020 Environmental Coordinator: WSP Phone No: 000-000-0000 ENVIRONMENTAL COMMITMENTS RECORD (ECR) Riverside County - CA - City of La Quinta Federal Aid #: BRNBIL (537) Dune Palms Road Low Water Crossing Replacement Proj. 2 Task and Brief Description Responsible Branch / Staff Timing / Phase NSSP Req. Action Taken to Comply with Task Remarks Environmental Compliance Initial Date fuel as required by CA Code of Regulations Title 17, Section 93114. • A dust control plan will be developed documenting sprinkling, temporary paving, speed limits, and timely revegetation of disturbed slopes as needed to minimize construction impacts to existing communities. • Equipment and materials storage sites will be located as far away from residential and park uses as practicable. Construction areas will be kept clean and orderly. • ESA (Environmentally Sensitive Area)-like areas or their equivalent will be established near sensitive air receptors. Within these areas construction activities involving the extended idling of diesel equipment or vehicles will be prohibited, to the extent feasible. • Track-out reduction measures, such as gravel pads at project access points to minimize dust and mud deposits on roads affected by construction traffic, will be used. • All transported loads of soils and wet materials will be covered before transport, or adequate freeboard (space from the top of the material to the top of the truck) will be provided to minimize emission of dust (particulate matter) during transportation. • Dust and mud that are deposited on paved, public roads due to construction activity and traffic will be promptly and regularly removed to decrease particulate matter. • To the extent feasible, construction traffic will be scheduled and routed to reduce congestion and related air quality impacts caused by idling vehicles along local roads during peak travel times. Biological resources BIO-1 Burrowing owl surveys shall be conducted by a qualified biologist within 30 days prior to any phase of construction, including staging, in the areas identified as potential burrowing owl habitat. These preconstruction surveys are also required to comply with the MBTA and the California Fish and Game Code. If any of the Project Management/ Qualified Biologist Pre-Construction. Within 30 days prior to any phase of construction, including staging.
Date: 02/08/2020 Environmental Coordinator: WSP Phone No: 000-000-0000 ENVIRONMENTAL COMMITMENTS RECORD (ECR) Riverside County - CA - City of La Quinta Federal Aid #: BRNBIL (537) Dune Palms Road Low Water Crossing Replacement Proj. 3 Task and Brief Description Responsible Branch / Staff Timing / Phase NSSP Req. Action Taken to Comply with Task Remarks Environmental Compliance Initial Date preconstruction surveys determine that burrowing owls are present, one or more of the following may be required: (1) avoidance of active nests/burrows and surrounding buffer area during construction activities; (2) passive relocation of individual owls; and (3) preservation of on-site habitat with long-term conservation value for the owl. Measures must be developed by the contractor’s qualified biologist and the City in concert with CDFW. Even though there is low potential for any species of concern to occur within the project area, it is recommended that if there is a delay in the project construction, another botanical reassessment survey focused on California Native Plant Society (CNPS) list be conducted within the construction disturbance area within a year prior to the initiation of the construction activities. If any species were discovered within the project area, the City should coordinate with CDFW regarding required measures, if any. BIO-2 Vegetation removals would occur outside of the nesting bird season (i.e., February 15–August 31) to the maximum extent practicable. In the event that vegetation clearing is necessary during the nesting season, the contractor will have a qualified biologist conduct a preconstruction survey within 300 ft. of construction areas no more than 30 days prior to construction at the location to identify the locations of nests (if any). A qualified biologist is one that has surveyed for nesting bird species within the Coachella Valley previously and has at least two years of prior nesting bird survey experience. . Contractor/ Qualified Biologist. Pre-Construction BIO-3 Should nesting birds be found, an exclusionary buffer will be established by the qualified biologist around each nest site. This buffer will be a distance from the construction activity based on the nest location, surrounding existing disturbances and the species of bird that is nesting. The buffer will be clearly marked in the field by construction personnel under guidance of the contractor’s qualified biologist, and construction or clearing will Contractor/ Qualified biologist Pre-construction.
Date: 02/08/2020 Environmental Coordinator: WSP Phone No: 000-000-0000 ENVIRONMENTAL COMMITMENTS RECORD (ECR) Riverside County - CA - City of La Quinta Federal Aid #: BRNBIL (537) Dune Palms Road Low Water Crossing Replacement Proj. 4 Task and Brief Description Responsible Branch / Staff Timing / Phase NSSP Req. Action Taken to Comply with Task Remarks Environmental Compliance Initial Date not be conducted within this zone until the qualified biologist determines that the young have fledged or the nest is no longer active. The qualified biologist will monitor the nests on a weekly basis to ensure that construction activities do not disturb or disrupt nesting activities. If the qualified biologist determines that construction activities are disturbing or disrupting nesting activities, then the biologist will notify the City. Responses may include, but are not limited to, increasing the size of the exclusionary buffer, curtailing nearby work activities, turning off vehicle engines and other equipment whenever possible to reduce noise, installing a protective noise barrier between the nest and the construction activities, and/or working in other areas until the young have fledged. BIO-4 Landscaping and erosion control, if any may be included in the project, shall not include species listed on either the Federal or the State of California Noxious Weed List. Project Engineer Design BIO-5 In areas of particular sensitivity (i.e., near or adjacent to drainages) extra precautions shall be taken if invasive species are found in or adjacent to these areas. This would include the inspection and cleaning of construction equipment and eradication strategies, as needed. Contractor/ Construction Manager Construction BIO-6 Before construction activities begin for the proposed project, the following approvals/ permits must be obtained or determined not applicable by the Department through additional coordination with the applicable Federal and State resource agencies: • Streambed Alteration Agreement pursuant to California Fish and Game Code Section 1602; • USACE Nationwide 33 and 14 permits pursuant to CWA Section 404; and RWQCB 401 Water Quality Certification pursuant to CWA Section 401. Project Manager/Project Engineer Design/Pre-construction BIO-7 Project construction activities are anticipated to occur through the rainy season. Should surface water flow occur through the Contractor/ Construction Management Construction
Date: 02/08/2020 Environmental Coordinator: WSP Phone No: 000-000-0000 ENVIRONMENTAL COMMITMENTS RECORD (ECR) Riverside County - CA - City of La Quinta Federal Aid #: BRNBIL (537) Dune Palms Road Low Water Crossing Replacement Proj. 5 Task and Brief Description Responsible Branch / Staff Timing / Phase NSSP Req. Action Taken to Comply with Task Remarks Environmental Compliance Initial Date project area at any point, the contractor will initiate appropriate BMPs. Construction activities within the CVSC will be designed/conducted to maintain downstream flow conditions. BIO-8 ESAs will be incorporated into the plans and specifications for the project so that the contractor is aware of the limits of allowable site access and disturbance. Project Engineer Design BIO-9 All drainages temporarily impacted during construction will be returned to their original contours at the end of project activities. Contractor Design/Post-Construction Cultural Resources CUL-1 The Project Engineer and Project Archaeologist will ensure that the boundaries of the ESA are clearly described and illustrated in the Plans, Specifications, and Estimates (PS&E) package. Project Engineer/ Project Archaeologist Design/Pre-construction CUL-2 A pre-construction meeting with the Construction Supervisor and construction personnel will be held to discuss the ESAs, including access restrictions and maintenance of fencing for protective measures. Construction Manager/ Contractor Pre-construction CUL-3 The Project Engineer will notify the Project Archaeologist at least three weeks prior to start of construction to allow for a field review of ESA locations and arrangements for monitoring of fence installation. Construction Manager/ Archaeologist Pre-construction CUL-4 Review ESA locations in the field one week prior to start of construction. Project Engineer/ Project Archaeologist Pre-construction CUL-5 Install temporary orange plastic fencing along ESA boundary at least one week prior to initiating construction, under the supervision of the Project Engineer and the Project Archaeologist. Project Engineer/ Project Archaeologist/ Construction Manager Construction
Date: 02/08/2020 Environmental Coordinator: WSP Phone No: 000-000-0000 ENVIRONMENTAL COMMITMENTS RECORD (ECR) Riverside County - CA - City of La Quinta Federal Aid #: BRNBIL (537) Dune Palms Road Low Water Crossing Replacement Proj. 6 Task and Brief Description Responsible Branch / Staff Timing / Phase NSSP Req. Action Taken to Comply with Task Remarks Environmental Compliance Initial Date CUL-6 Conduct monitoring of ground-disturbing activities in the ADI south of the Stormwater Channel by an archaeologist and a Native American. Archaeologist/ Native American Construction CUL-7 Conduct spot monitoring and photo-documentation at various times throughout Project construction to ensure the integrity of the ESAs. Project Archaeologist/ Construction Manager Construction CUL-8 The Construction Supervisor will notify the Project Archaeologist when construction is complete in the vicinity of each site, so that the temporary fencing can be removed. Construction Manager/ Contractor Post-Construction CUL-9 The Project Archaeologist will oversee the removal of the fencing by the construction personnel. In addition, if cultural materials are discovered during construction, all earth-moving activity within and around the immediate discovery area will be diverted until a qualified archaeologist can ass the nature and significance of the find. Contractor/ Construction Manager/ Native American Coordinator Construction Hazardous Material HZ-1 ADL evaluation shall be conducted in soils adjacent to the roadway prior to beginning of construction Engineer/ Construction Manager Design/Pre-construction HZ-2 Any structure that would be demolished as part of construction shall be evaluated for ACM and LBP prior to demolition activities and a Lead and Asbestos Report shall be completed. Project Engineer/ Construction Manager Design/Pre-construction HZ-3 Pavement marking paint shall be evaluated for LBP to determine proper handling and disposal requirements. Engineer/ Construction Manager Design/Pre-construction HZ-4 A parcel-specific Phase I ESA on the acquisition properties shall be conducted as part of the City’s environmental due diligence to help establish potential environmental liability protection. Engineer/ Construction Manager Design/Pre-construction
Date: 02/08/2020 Environmental Coordinator: WSP Phone No: 000-000-0000 ENVIRONMENTAL COMMITMENTS RECORD (ECR) Riverside County - CA - City of La Quinta Federal Aid #: BRNBIL (537) Dune Palms Road Low Water Crossing Replacement Proj. 7 Task and Brief Description Responsible Branch / Staff Timing / Phase NSSP Req. Action Taken to Comply with Task Remarks Environmental Compliance Initial Date HZ-5 If unanticipated contaminated soil and/or groundwater is encountered during construction activities, the impacted material shall be properly managed, handled, and disposed of in accordance with local, state, and federal regulations. Construction Manager/ Contractor Construction HZ-6 Potential impacts from construction-related hazardous waste and materials would be addressed through implementation of a Storm Water Pollution Prevention Plan and implementation of Best Management Practices in compliance with rules and regulations to address potential impacts related to the use and potential discharge of construction-related hazardous waste and materials. Design Engineer/ Construction Manager Pre-construction/ Construction Water Quality WQ-1 The City of La Quinta (City) will comply with the provisions of the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharge from Construction and Land Disturbance Activities as they relate to construction activities for the project (NPDES No. CAS617002). This will include submission of the Permit Registration Documents, including a Notice of Intent (NOI), site map, Storm Water Pollution Prevention Plan (SWPPP), annual fee, and signed certification statement to the State Water Resources Control Board (SWRCB) at least 14 days prior to the start of construction. The SWPPP will meet the requirements of the Construction General Permit (No. CA000002) and will identify potential pollutant sources associated with construction activities; identify non-storm water discharges; and identify, implement, and maintain Best Management Practices (BMPs) to reduce or eliminate pollutants associated with the construction site. A Notice of Termination (NOT) will be submitted to the SWRCB upon completion of construction and stabilization of the site. City of La Quinta/Contractor Pre-construction/ Construction
Date: 02/08/2020 Environmental Coordinator: WSP Phone No: 000-000-0000 ENVIRONMENTAL COMMITMENTS RECORD (ECR) Riverside County - CA - City of La Quinta Federal Aid #: BRNBIL (537) Dune Palms Road Low Water Crossing Replacement Proj. 8 Task and Brief Description Responsible Branch / Staff Timing / Phase NSSP Req. Action Taken to Comply with Task Remarks Environmental Compliance Initial Date WQ-2 The proposed project will install a two chambered drywell system to all existing and proposed drainage system outletting into the CVSC to address nuisance water flows as well as to capture sediment from the initial first flush flows from storm events. Project Engineer/ Construction Manager Design/ Construction WQ-3 Storm water BMPs strategies will be coordinated with RWQCB, and will comply with 401 permit requirements. Construction Manager/ Contractor Design/ Construction Noise NOI-1 All construction activities shall occur in compliance with the construction hours allowed by the Municipal Code. Contractor/ Construction Manger Construction NOI-2 Equip an internal combustion engine with the manufacturer-recommended muffler. Do not operate an internal combustion engine on the job site without the appropriate muffler. Contractor Construction Manger Construction Relocation Benefits HPR-1 Prepare a Relocation Assistance Plan to determine the need to replace the mobile homes and single housing unit affected by the project based on current market conditions, and provide relocation assistance benefits according to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended. City of La Quinta Design/Pre-construction. Transportation and Traffic TRF-1 The existing roadway will be modified to operate as a temporary Project Engineer/ Construction Manager Design/ Construction.
Date: 02/08/2020 Environmental Coordinator: WSP Phone No: 000-000-0000 ENVIRONMENTAL COMMITMENTS RECORD (ECR) Riverside County - CA - City of La Quinta Federal Aid #: BRNBIL (537) Dune Palms Road Low Water Crossing Replacement Proj. 9 Task and Brief Description Responsible Branch / Staff Timing / Phase NSSP Req. Action Taken to Comply with Task Remarks Environmental Compliance Initial Date bypass road in order to allow for maintaining vehicle and pedestrian access at all times. TRF-2 Short term and temporary access control will be coordination with property owners, the public, and other stakeholders. City of La Quinta/ Construction Manager Pre-construction/ Construction
APPENDIX E
ASBESTOS & LEAD REPORTS
• Mobile Homes (2 covers), Dated December 14, 2019
• Single Family Home (2 covers), Dated October 27, 2021
APPENDIX F
17-F FORM - FINAL REPORT – UTILIZATION OF DISADVANTAGED BUSINESS
ENTERPRISES (DBE), FIRST – TIER SUBCONTRACTORS
17-O FORM – DISADVANTAGED BUSINESS ENTERPRISE (DBE)
CERTIFICATION STATUS CHANGE
(4 PAGES)
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Local Assistance Procedures Manual Exhibit 17-F
Final Report-Utilization of Disadvantaged Business Enterprises (DBE) and First-Tier Subcontractors
EXHIBIT 17-F FINAL REPORT-UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES (DBE) AND FIRST-TIER SUBCONTRACTORS
1.Local Agency Contract Number 2.Federal-Aid Project Number 3.Local Agency 4.Contract Completion Date
5.Contractor/Consultant 6.Business Address 7.Final Contract Amount
8. Contract
Item
Number
9. Description of Work, Service, or
Materials Supplied
10.Company Name and
Business Address
11.DBE
Certification
Number
12.Contract Payments 13. Date
Work
Completed
14. Date of
Final
Payment Non-DBE DBE
15.ORIGINAL DBE COMMITMENT AMOUNT $ 16.TOTAL
List all first-tier subcontractors/subconsultants and DBEs regardless of tier whether or not the firms were originally listed for goal credit. If actual DBE utilization (or item of work) was different than that approved at the time of
award, provide comments on an additional page. List actual amount paid to each entity. If no subcontractors/subconsultants were used on the contract, indicate on the form.
I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT
17.Contractor/Consultant Representative’s Signature 18.Contractor/Consultant Representative’s Name 19.Phone 20.Date
I CERTIFY THAT THE CONTRACTING RECORDS AND ON-SITE PERFORMANCE OF THE DBE(S) HAS BEEN MONITORED
21.Local Agency Representative’s Signature 22.Local Agency Representative’s Name 23.Phone 24.Date
DISTRIBUTION: Original – Local Agency, Copy – Caltrans District Local Assistance Engineer. Include with Final Report of Expenditures
ADA NOTICE: For individuals with sensory disabilities, this document is available in alternate formats. For information, call (916) 445-1233, Local Assistance Procedures Manual TTY 711, or write to Records and Forms
Management, 1120 N Street, MS-89, Sacramento, CA 95814.
Page 1 of 2
July 23, 2015
Local Assistance Procedures Manual Exhibit 17-F
Final Report-Utilization of Disadvantaged Business Enterprises (DBE)
and First-Tier Subcontractors
INSTRUCTIONS – FINAL REPORT-UTILIZATION OF DISADVANTAGED BUSINESS
ENTERPRISES (DBE) AND FIRST-TIER SUBCONTRACTORS
1. Local Agency Contract Number -Enter the Local Agency contract number or identifier.
2. Federal-Aid Project Number -Enter the Federal-Aid Project Number.
3. Local Agency - Enter the name of the local or regional agency that is funding the contract.
4. Contract Completion Date -Enter the date the contract was completed.
5. Contractor/Consultant -Enter the contractor/consultant’s firm name.
6. Business Address -Enter the contractor/consultant’s business address.
7. Final Contract Amount -Enter the total final amount for the contract.
8. Contract Item Number - Enter contract item for work, services, or materials supplied provided. Not
applicable for consultant contracts.
9. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials
provided. Indicate all work to be performed by DBEs including work performed by the prime
contractor/consultant’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or
furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM
Chapter 9 to determine how to count the participation of DBE firms.
10. Company Name and Business Address - Enter the name, address, and phone number of all
subcontracted contractors/consultants. Also, enter the prime contractor/consultant’s name and phone number,
if the prime is a DBE.
11. DBE Certification Number -Enter the DBE’s Certification Identification Number. Leave blank if
subcontractor is not a DBE.
12. Contract Payments - Enter the subcontracted dollar amount of the work performed or service provided.
Include the prime contractor/consultant if the prime is a DBE. The Non-DBE column is used to enter the
dollar value of work performed by firms that are not certified DBE or for work after a DBE becomes
decertified.
13. Date Work Completed -Enter the date the subcontractor/subconsultant’s item work was completed.
14. Date of Final Payment - Enter the date when the prime contractor/consultant made the final payment to
the subcontractor/subconsultant for the portion of work listed as being completed.
15. Original DBE Commitment Amount -Enter the “Total Claimed DBE Participation Dollars” from
Exhibits 15-G or 10-O2 for the contract.
16. Total - Enter the sum of the “Contract Payments” Non-DBE and DBE columns.
17. Contractor/Consultant Representative’s Signature - The person completing the form on behalf of the
contractor/consultant’s firm must sign their name.
18. Contractor/Consultant Representative’s Name - Enter the name of the person preparing and signing the
form.
19. Phone - Enter the area code and telephone number of the person signing the form.
20. Date -Enter the date the form is signed by the contractor’s preparer.
21. Local Agency Representative’s Signature -A Local Agency Representative must sign their name to
certify that the contracting records and on-site performance of the DBE(s) has been monitored.
22. Local Agency Representative’s Name -Enter the name of the Local Agency Representative signing the
form.
23. Phone - Enter the area code and telephone number of the person signing the form.
24. Date -Enter the date the form is signed by the Local Agency Representative.
Page 2 of 2
July 23, 2015
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Local Assistance Procedures Manual Exhibit 17-O
Disadvantaged Business Enterprises (DBE) Certification Status Change
EXHIBIT 17-O DISADVANTAGED BUSINESS ENTERPRISES (DBE) CERTIFICATION STATUS CHANGE
1. Local Agency Contract Number 2. Federal-Aid Project Number 3. Local Agency 4. Contract Completion Date
5. Contractor/Consultant 6. Business Address 7. Final Contract Amount
8. Contract
Item
Number
9. DBE Contact Information
10. DBE
Certification
Number
11. Amount Paid
While Certified
12. Certification/
Decertification
Date
(Letter Attached)
13. Comments
If there were no changes in the DBE certification of subcontractors/subconsultants, indicate on the form.
I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT
14. Contractor/Consultant Representative’s Signature 15. Contractor/Consultant Representative’s Name 16. Phone 17. Date
I CERTIFY THAT THE CONTRACTING RECORDS AND ON-SITE PERFORMANCE OF THE DBE(S) HAS BEEN MONITORED
18. Local Agency Representative’s Signature 19. Local Agency Representative’s Name 20. Phone 21. Date
DISTRIBUTION: Original – Local Agency, Copy – Caltrans District Local Assistance Engineer. Include with Final Report of Expenditures
ADA NOTICE: For individuals with sensory disabilities, this document is available in alternate formats. For information, call (916) 445-1233, Local Assistance Procedures Manual TTY 711, or write to Records and Forms
Management, 1120 N Street, MS-89, Sacramento, CA 95814.
Page 1 of 2
July 23, 2015
Local Assistance Procedures Manual Exhibit 17-O
Disadvantaged Business Enterprises (DBE) Certification Status Change
INSTRUCTIONS –DISADVANTAGED BUSINESS ENTERPRISES (DBE)
CERTIFICATION STATUS CHANGE
1. Local Agency Contract Number - Enter the Local Agency contract number or identifier.
2. Federal-Aid Project Number - Enter the Federal-Aid Project Number.
3. Local Agency - Enter the name of the local or regional agency that is funding the contract.
4. Contract Completion Date - Enter the date the contract was completed.
5. Contractor/Consultant -Enter the contractor/consultant’s firm name.
6. Business Address -Enter the contractor/consultant’s business address.
7. Final Contract Amount - Enter the total final amount for the contract.
8. Contract Item Number - Enter contract item for work, services, or materials supplied provided. Not
applicable for consultant contracts.
9. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted
contractors/consultants.
10. DBE Certification Number - Enter the DBE’s Certification Identification Number.
11. Amount Paid While Certified - Enter the actual dollar value of the work performed by those
subcontractors/subconsultants during the time period they are certified as a DBE.
12. Certification/Decertification Date (Letter Attached) - Enter either the date of the Decertification Letter
sent out by the Office of Business and Economic Opportunity (OBEO) or the date of the Certification
Certificate mailed out by OBEO.
13. Comments - If needed, provide any additional information in this section regarding any of the above
certification status changes.
14. Contractor/Consultant Representative’s Signature - The person completing the form on behalf of the
contractor/consultant’s firm must sign their name.
15. Contractor/Consultant Representative’s Name - Enter the name of the person preparing and signing the
form.
16. Phone - Enter the area code and telephone number of the person signing the form.
17. Date - Enter the date the form is signed by the contractor’s preparer.
18. Local Agency Representative’s Signature - A Local Agency Representative must sign their name to
certify
that the contracting records and on-site performance of the DBE(s) has been monitored.
19. Local Agency Representative’s Name - Enter the name of the Local Agency Representative signing the
form.
20. Phone - Enter the area code and telephone number of the person signing the form.
21. Date - Enter the date the form is signed by the Local Agency Representative.
Page 2 of 2
July 23, 2015
APPENDIX G
QUALITY ASSURANCE PROGRAM (QAP)
CALIFORNIA STATE TRANSPORTATION AGENCY Gavin Newsom, Governor
DEPARTMENT OF TRANSPORTATION
DIVISION OF ENGINEERING SERVICES
MATERIALS ENGINEERING TESTING SERVICES AND GEOTECHNICAL SERVICES
OFFICE OF MATERIALS MANAGEMENT AND INDEPENDENT ASSURANCE
TRANSPORTATION LABORATORY-MS 5 Making Conservation
5900 FOLSOM BLVD.A California Way of Life!
SACRAMENTO, CA 95819-4612
Status:
DATE:02/11/2021
Name of Agency:City of La Quinta
Address:78-495 Calle Tampico, La Quinta, CA 92253
Telephone Number:(760) 777-7045 Fax:(760) 777-7155
Name and Title of Bryan McKinney, RCE# 49418, Exp. 09/30/2022
person In Charge:Public Works Direetor/City Engineer, City of La Quinta
The document will be reviewed for compliance to California Department of Transportation, Quality Assurance (QAP) Manual
for Use by Local Agencies (Jan. 20, 2011 revision) and Federal Highway Administration, 23 CFR 637.
A. Document Reviewed
ITEM NO.
1
2
3
B. Conditions of acceptance
ITEM NO.
1
2
2.1
2.2 Material testing and sampling frequency table: see Appendix B (also attached to this QAP)
2.3 Test Method (when use): CTM - only Caltrans certified laboratory & tester will perform Acceptance Testing (AT), a secondary
Independent Assurance Program (IAP) is not required.
2.4 Test Method (when use): AASHTO/ASTM - qualified laboratory & tester to perform Acceptance Testing (AT) and a separate
laboratory and tester with similar or higher qualification to perform Independent Assurance
Program (IAP) must be hired through local agency and conform to Section 5 of QAP Manual,
Rev. Jan 20, 2011
2.5 Project on NHS/SHS will conform to testing program per item B.2.3 and AASHTO where CTM is not available.
2.6 Agency will use certified private materials laboratory. Check https://sia.dot.ca.gov/ for most update certifications.
3
4
by Oversight Engineer and/or FHWA.
C. Reviewed by
Caltrans, METS/OMM&IA SOUTH - (916) 708-7152
CERTIFIED Independent Assurance Engineer DATE.
CONDITIONS OF COMPLIANCE accepted as part of this QAP:
This QAP is applicable to all projects on NHS, SHS, and non-NHS
02/11/2021
Provide a signed hard copy to District 8 area engineer and/or DLAE for archive.
Rabiul Hyder. - rabiul.hyder@dot.ca.gov
This document(letter) shall be a part of QAP, to be attached to project construction document to be reviewed
Compliance
Document was reviewed and found to be in COMPLIANCE to our requirements
DESCRIPTION
DESCRIPTION
City of La Quinta Quality Assurance Program (QAP) dated : 08/27/2020
Local Assistance area engineer - Sean Yeung, Email: sean.yeung@dot.ca.gov, Phone: (909) 383.4030
Quality Assurance Program REVIEW/ACCEPTANCE LETTER
Caltrans Local Assistance District: District 8
QUALITY ASSURANCE PROGRAM (QAP)
AGENCY: City of La Quinta
78-495 Calle Tampico, La Quinta, CA 92253 - T: (760) 777-705 - F: (760) 777-7155
The purpose of this program is to provide assurance that the materials incorporated into the construction projects
are in conformance with the contract specifications. This program is supplemental to the Caltrans Quality
Assurance Program (QAP) as well as Chapter 16 of the Local Assistance Procedures Manual (LAPM) which need
to be followed. During the duration of this program the forms attached to this program might be superseded by
more recent versions from the LAPM.
This program should be updated every five years or more frequent if there are changes of the testing frequencies or
to the tests themselves. To accomplish this purpose, the following terms and definitions will be used:
DEFINITION OF TERMS
x Acceptance Testing (AT) - Sampling and testing, or inspection, to determine the degree of compliance with
contract requirements.
x Independent Assurance Program (IAP) - Verifications that AT is being performed correctly by qualified testers
and laboratories.
x Quality Assurance Program (QAP) - A sampling and testing program that will provide assurance that the
materials and workmanship incorporated into the construction project are in conformance with the contract
specifications. The main elements of a QAP are the AT, and IAP.
x Source Inspection - AT of manufactured and prefabricated materials at locations other than the job site,
generally at the manufactured location.
MATERIALS LABORATORY
The AGENCY will use a private consultant materials laboratory to perform AT on Federal-aid and other designated
projects. The materials laboratory shall be under the responsible management of a California registered Engineer
with experience in sampling, inspection and testing of construction materials. The Engineer shall certify the results
of all tests performed by laboratory personnel under the Engineer's supervision. The materials laboratory shall
contain certified test equipment capable of performing the tests conforming to the provisions of this QAP.
The materials laboratory used shall provide documentation that the laboratory complies with the following
procedures:
1. Correlation Testing Program - The materials laboratory shall be a participant in one or more of the following
three programs:
a. AASHTO Materials Reference Laboratory (AMRL)
b. Cement and Concrete Reference Laboratory (CCRL)
c. Caltrans' Reference Samples Program (RSP)
2. Certification of Personnel - The materials laboratory shall employ personnel who are certified by one or
more of the following:
a. Caltrans District Materials Engineer
b. Nationally recognized non-Caltrans organizations such as the American Concrete Institute, Asphalt,
National Institute of Certification of Engineering Technologies, etc.
c. Other recognized organizations approved by the State of California and/or Recognized by local
governments or private associations.
QAP – City of La Quinta – Revised: 08/11/2020
3. Laboratory and Testing Equipment - The materials laboratory shall only use laboratory and testing
equipment that is in good working order. All such equipment shall be calibrated at least once each year.
All testing equipment must be calibrated by impartial means using devices of accuracy traceable to the
National Institute of Standards and Technology. A decal shall be firmly affixed to each piece of equipment
showing the date of the last calibration. All testing equipment calibration decals shall be checked as part
of the IAP.
ACCEPTANCE TESTING (AT)
AT will be performed by a materials laboratory certified to perform the required tests. The test results will be used
to ensure that all materials incorporated into the project are in compliance with the contract specifications.
Testing methods will be in accordance with the CT Methods or a national recognized standard (i.e. AASHTO,
ASTM, etc.) as specified in the contract specifications.
Sample locations and frequencies may be in accordance with the contract specifications. If not so specified in the
contract specifications, samples shall be taken at the locations and frequencies as shown in Attachment #1. (Exhibit
16-R “Sampling and Testing Frequency Table”).
INDEPENDENT ASSURANCE PROGRAM (IAP)
IAP shall be provided by personnel from Caltrans when performing CT Methods, or a separate consultant's certified
materials laboratory when performing other test methods. IAP will be used to verify that sampling and testing
procedures are being performed properly and that all testing equipment is in good condition and properly calibrated.
IAP personnel shall be certified in all required testing procedures required for the project. Proficiency tests shall
be performed on Sieve Analysis, Sand Equivalent, and Cleanness Value tests. All other type of IAP shall be witness
tests.
Poor correlation between acceptance tester's results and other test results may indicate probably deficiencies with
the acceptance sampling and testing procedures. In cases of unresolved discrepancies, a complete review of AT
shall be performed by IAP personnel, or an independent materials laboratory chosen by the Agency. IAP samples
and tests are not to be used for determining compliance with contract requirements. Compliance with contract
requirements is determined only by AT.
REPORTING ACCEPTANCE TESTING RESULTS
The following are time periods for reporting material test results to the Resident Engineer:
x When the aggregate is sampled at material plants, test results for Sieve Analysis, Sand Equivalent and
Cleanness Value should be submitted to the Resident Engineer within 24 hours after sampling.
x When materials are sampled at the job site, test results for compaction and maximum density should be
submitted to the Resident Engineer within 24 hours after sampling.
x When soils and aggregates are sampled at the job site:
o Test results for Sieve Analysis, Sand Equivalent and Cleanness Value should be submitted to the
Resident Engineer within 72 hours after sampling.
o Test results for "R" Value and asphalt concrete extraction should be submitted to the Resident
Engineer within 96 hours after sampling.
When sampling products such as Portland Cement Concrete (PCC), cement-treated base (CTB), hot mix asphalt
(HMA), and other such materials; the time of such sampling shall be varied with respect to the time of the day
insofar as possible, in order to avoid a predictable sampling routine. The reporting of AT results, if not performed
by the Resident Engineer's staff, shall be done on an expedited basis such as by fax or telephone.
TESTING OF MANUFACTURED MATERIALS
During the Design phase of a project, the Project Engineer may submit a "Source Inspection Request"see
Attachment #2 (Exhibit 16-W of the LAPM) to the Agency, consultant, or Caltrans for inspection and testing of
manufactured and prefabricated materials by their materials laboratory. A list of materials that can be typically
QAP – City of La Quinta – Revised: 08/11/2020
accepted on the basis of certificates of compliance during construction is found in Attachment #3 (Exhibit 16-
T1 [Caltrans Standard Specification] and Exhibit 16-T2 [Greenbook 2018] of the LAPM). All certifications of
compliance shall conform to the requirements of the contract specifications, for examples see Attachment #4
(Appendix J of the Caltrans Quality Assurance Program [QAP] Manual).
Should the Agency request Caltrans to conduct the source inspection, and the request is accepted, all sampling,
testing, and acceptance of manufactured and prefabricated materials will be performed by Caltrans' Office of
Materials Engineering and Testing Services.
For Federal-aid projects on the National Highway System (NHS), Caltrans will assist in certifying the materials
laboratory, and the acceptance samplers and testers. For Federal-aid projects off the NHS, Caltrans may be able to
assist in certifying the materials laboratory, and the acceptance samplers and testers.
PROJECT CERTIFICATION
Upon completion of a Federal-aid project, a "Materials Certificate"shall be completed by the Resident Engineer.
The Agency shall include a "Materials Certificate" in the Report of Expenditures submitted to the Caltrans District
Director, Attention: District Local Assistance Engineer. A cop y of the "Materials Certificate" shall also be included
in the Agency's construction records. The Resident Engineer in charge of the construction function of the Agency
shall sign the certificate. All materials incorporated into the work which did not conform to specifications must be
explained and justified on the "Materials Certification", including changes by virtue of contact change orders. See
Attachment #5 for an example (Appendix K of the Caltrans Quality Assurance Program [QAP] Manual).
RECORDS
All material records of samples and tests, material releases and certificates of compliance for the construction
projects shall be incorporated into the Resident Engineer's project file. If a Federal-aid project:
x The files shall be organized as described in Section 16.3 “Maintaining Project Records”of the Local
Assistance Procedures Manual. See Attachment #6 for a copy.
x It is recommended that the complete project file be available at a single location for inspection by Caltrans
and Federal Highway Administration (FHWA) personnel.
x The project files shall be available for at least three years following the date of final project voucher.
x The RE must obtain test data and results from the lab in a timely manner and keep records of all samples
and test in the project files. This facilitates reviews of material sampling and testing by Caltrans and FHWA,
and assists the Resident Engineer in tracking the frequency of testing. The RE must keep a test results
summary log for each test method performed more than once. Use Exhibit 16-Z2 “Acceptance Testing
Results Summary Log”or a similar form. See Attachment #7 for a copy (a similar version can be found
as Attachment “H” to the Caltrans Sample Quality Assurance Program [QAP] Manual).
When two or more projects are being furnished identical materials simultaneously from the same plant, it is not
necessary to take separate samples or perform separate tests for each project; however, copies of the test reports are
to be provided for each of the projects to complete the records.
APPROVED BY:
(Signature)(CE#)
NAME: Bryan McKinney DATE:
TITLE: Public Works Director/City Engineer CITY OF: La Quinta
49418
8/27/2020
Digitally signed by Bryan McKinney
DN: cn=Bryan McKinney, o, ou,
email=bmckinney@laquintaca.gov,
c=US
Date: 2020.08.27 17:22:04 -07'00'
QAP – City of La Quinta – Revised: 08/11/2020
APPENDIX #1
ACCEPTANCE AND TESTING FREQUENCIES
)
I
Local Assistance Procedures Manual Exhibit 16-R
Sampling and Testing Frequency
Exhibit 16-R Sampling and Testing Frequency Table
for projects OFF the SHS
Sample for Local Agency QAPs
Sampling and Testing Frequency Table
for projects OFF the SHS.
HOT MIX ASPHALT (HMA) / ASPHALT CONCRETE (AC)
Quality Characteristic Test Method Minimum Sampling and Testing Frequency Location/Time of Sampling
Aggregate Gradation (Sieve) CT 202 1 Per 1000 Tons or Part Thereof ; Minimum 1 per day during At Plant Per CT 125 (a) Sand Equivalent CT 217
Asphalt Binder Content CT 382 production/placement of at least 300 tons per day. Loose Mix Behind Paver Per CT 125
In-Place Density and Relative Nuclear (b) 1 Per 1000 Tons or Part Thereof ; Minimum 1 per day during
production/placement of at least 300 tons per day. (b) Random Locations Per CT 375 (c Compaction (Nuclear ) CT 375 or ASTM D2950 (c)
Theoretical Maximum Specific Gravity
and Density (Rice) CT 309
1 Per Day During Production/Placement of At Least 300 Tons Per Day Loose Mix Behind Paver Per CT 125 HMA Moisture Content CT 226 or CT 370
Stabilometer Value (d) CT 366
Asphalt Binder Sample per Section 92 Sample 1 min. per day for production over 300 tons per day; See
(f) regarding testing. At Plant Per CT 125
Smoothness 12-foot Straightedge As necessary to confirm contract compliance. Final Pavement Surface
(a) Exact tonnage of sample location to be determined by Random Sampling Plans
(b) Compaction determined by Neclear Density Device. Core testing required if compaction fails the neclear test
(c) Correlation between core densities and nuclear device required only if compaction fails the nuclear test
(d) Report the average of 3 tested briquettes from a single split source
(e) Use CT 309 to determine maximum theoretical density in lieu of CT 367 calculated maximum theoretical density
(f) No testing required unless warranted by concern ; sample and store until completion of project
January 2018
Page 1 of 3
I
Local Assistance Procedures Manual Exhibit 16-R
Sampling and Testing Frequency
SUBGRADE (DISTURBED BASEMENT SOIL) OR EMBANKMENT
Quality Characteristic Test Method Minimum Sampling and Testing Frequency Location/Time of Sampling
Maximum Density and Relative
Compaction CT 216/CT 231 1 Min. Test per 5000 sq ft under vehicle traveled way and shoulder
1 Min. Test Per 300 linear foot under sidewalk
Random locations as determined by
the Engineer in place after
compaction.
AGGREGATE BASES AND SUBBASES, IMPORTED BORROW
Quality Characteristic Test Method Minimum Sampling and Testing Frequency Location/Time of Sampling
Sample from site stockpile/plant prior
to placement.
Sieve Analysis CT 202
1 Min. Test Per Material Source R-Value CT 301
Sand Equivalent CT 217
Maximum Density and Relative
Compaction CT 216/CT 231 1 Min. Test per 5000 sq ft
Random locations as determined by
the Engineer in place after
compaction.
STRUCTURE BACKFILL, SELECT BACKFILL
Quality Characteristic Test Method Minimum Sampling and Testing Frequency Location/Time of Sampling
Sieve Analysis CT 202
1 Min. Test Per Material Source Sample from site stockpile/plant prior
to placement R-Value CT 301
Sand Equivalent CT 217
Maximum Density and Relative
Compaction CT 216/CT 231 1 Min. Test Per 2 Vertical Lifts of Placement
Random locations as determined by
the Engineer in place after
compaction.
January 2018
Page 2 of 3
Local Assistance Procedures Manual Exhibit 16-R
Sampling and Testing Frequency
Quality Characteristic Minimum Sampling and Testing Frequency
Quality Characteristic Minimum Sampling and Testing Frequency
Test Method Location/Time of Sampling
Test Method Location/Time of Sampling
Quality Characteristic
Minimum Sampling and Testing Frequency
PORTLAND CEMENT CONCRETE (PCC) - STRUCTURAL AND SIGNAL/LIGHTING FOUNDATIONS
COARSE AGGREGATE
Sieve Analysis CT 202 Sample from site stockpile/plant prior 1 min. test per 500 cu yds and per each material source ; 1 min. test on to placement smaller projects; If bridge, 1 min. set per separate pour per Cleanness Value CT 227 abutment/pier/deck.
FINE AGGREGATE
Sieve Analysis CT 202 Sample from site stockpile/plant prior 1 min. test per 500 cu yds and per each material source ; 1 min. test on to placement smaller projects; If bridge, 1 min. set per separate pour per Sand Equivalent CT 217 abutment/pier/deck.
WET MIX
Test Method Location/Time of Sampling
Slump/Penetration CT 533 2 per day
Sample from truck/work site 1 min. set of 3 per day; If bridge, 1 min. set per separate pour of Cylinders CT 539/540 abutment/pier/deck.
January 2018
Page 3 of 3
QAP – City of La Quinta – Revised: 08/11/2020
APPENDIX #2
SOURCE INSPECTION REQUEST
_____________________
_______________________________________________
________________________________________
Local Assistance Procedures Manual EXHIBIT 16-W
Source Inspection Request to TransLab
SAMPLE COVER MEMO
SOURCE INSPECTION REQUEST
FROM LOCAL AGENCY’S RESIDENT ENGINEER TO CALTRANS’ OFFICE OF MATERIALS
ENGINEERING AND TESTING SERVICES
(Prepared by Applicant on Applicant Letterhead )
To: Office of Materials Engineering & Testing Date:
Services, MS #5
California Department of Transportation
5900 Folsom Blvd.
Sacramento, CA 95819
EA:
Project Number:__________________________________
Project Description:_______________________________________________________________________
Subject: (____________________________________)
We are requesting that Caltrans provide Source Inspection (reimbursed) services for the above-mentioned
project. We requested and received prior authorization for this service from our district Local Assistance
Engineer, as noted by the attached approval memo from District Local Assistance Engineer.
Please find the following documents enclosed as required:
1. Completed CEM-3101
2. One set of PS&E
Any question you might have about the materials, to be inspected, should be directed
to: , at .
(Applicant Representative Name)
(Title)
_______________________________________________
(Local agency, name & address)
Page 16-111
LPP 05-03 November 23, 2005
QAP – City of La Quinta – Revised: 08/11/2020
APPENDIX #3
MATERIALS ACCEPTED WITH
CERTIFICATE OF COMPLIANCE
Local Assistance Procedures Manual Exhibit 16-T1
Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications
Exhibit 16-T1 Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications
Table 6-2.3 Materials Accepted by Certificate of Compliance (1 of 7)
Material/Product Remarks (Including Requirements for Additional Back-Up Information
Required with Certificate of Compliance)
Asphalt
Asphaltic emulsion
Certificate of compliance must include the following:
1. Shipment number and shipment date.
2. Source refinery, consignee, and destination.
3. Type and description of material with specific gravity and quantity.
4. Contract or purchase order number.
5. Signature by the manufacturer of the material and a statement that the
material complies with the contract.
Asbestos cement pipe
Asbestos sheet packing
Asphalt modifier Test results required with each truck load.
Asphalt rubber joint sealant A certified test report of the results for the required tests performed within 12
months before the proposed use.
Backer rods Must include manufacturer’s statement of compatibility with the joint sealant to be
used.
Barbed Wire
Blast cleaning material
Bonding Material
Brick
Cable-type restrainers
Lock nuts
Certificate of compliance must be submitted with a copy of each required test
report.
Cast iron pipe
Cast iron manhole rings and covers
Chemical adhesive for bonding tie
bars and dowel bars in concrete
pavement
Chemical adhesive for structures Certificate of compliance must state compliance with ICBO AC 58 and
Caltrans. Augmentation/Revisions to ICBO AC 58.
Concrete
Admixture
Certificate of compliance from the manufacturer must certify that the
admixture furnished is the same as that previously authorized or the
authorized materials list.
Concrete Cementitious
material
Certificate of compliance must include the source name and location.
If the cementitious material is delivered directly to the job site, the certificate of
compliance must be signed by the cementitious material supplier.
If the cementitious material is used in ready-mixed concrete, the certificate of
compliance must be signed by the concrete manufacturer.
If blended cement is used, the certificate of compliance must include a
statement signed by the blended cement supplier that shows the actual
percentage of SCM, by weight, in the blend.
Concrete
Curing compound
Certificate of compliance must include:
1. Test results for the tests specified in Section 90-1.01D(6) [90-7.01B] of the
Standard Specifications.
2. Certification that the material was tested within 12 months before use.
Concrete Minor
concrete
Before placing minor concrete from a source not previously used on the
contract, a certificate of compliance stating that the minor concrete to be
furnished complies with the contract requirements, including the specified
minimum cementitious material content.
Ceramic tile
Chain link fencing and railing Certificate required for protective coating system.
Concrete anchorage devices
Page 1 of 7
January 2020
Local Assistance Procedures Manual Exhibit 16-T1
Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications
Table 6-2.3 Materials Accepted by Certificate of Compliance (2 of 7)
Material/Product Remarks (Including Requirements for Additional Back-Up
Information Required with Certificate of Compliance)
Concrete pipe
Circular reinforced direct design
method
Certificate of compliance must:
1. Be signed by the manufacturer's quality control representative.
2. State that all materials and workmanship comply with the
specifications and authorized shop drawings.
Copper pipe
Corrugated metal pipe
Crack sealant
Certificate of compliance must include:
1. Manufacturer's name
2. Production location
3. Product brand or trade name
4. Product designation
5. Batch or lot number
6. Crack treatment material type
7. Contractor or subcontractor name
8. Contract number
9. Lot size
10. Shipment date
11. Manufacturer's signature
Crash cushions
Crumb rubber modifier Test results required with each truck load.
Culvert markers
Delineators
Certificate of compliance required for:
1. Metal target plates
2. Enamel coating
3. Retroreflective sheeting
Dowel bar baskets
Drop inlet grates and frames
Drain tile
Drip irrigation line
Elastomeric Bearing Pads
Plain
Certified test results for the elastomer.
Elastomeric Bearing Pads
Steel-reinforced
Certified test results.
Electrical
Battery back-up system
Certificates of compliance is required for:
• External cabinet
• Batteries
Electrical
Conductor
Electrical
Conduit (galvanized and plastic)
Electrical
Equipment
Electrical
Pull boxes (concrete and plastic)
Electrical Service
cabinets
Page 2 of 7
January 2020
Local Assistance Procedures Manual Exhibit 16-T1
Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications
Table 6-2.3 Materials Accepted by Certificate of Compliance (3 of 7)
Material/Product Remarks (Including Requirements for Additional Back-Up
Information Required with Certificate of Compliance)
Erosion control
Certificate of compliance is required for:
• Straw
• Fiber
• RECP
• Fasteners
Certificate of compliance with attachments are required for:
• Tackifier
• Bonded fiber matrix
• Polymer-stabilized fiber matrix
Certificates of compliance attachments include:
1. Material Safety Data Sheet.
2. Product label.
3. List of applicable nonvisible pollutant indicators for soil amendment
and stabilization products as shown in the table titled "Pollutant
Testing Guidance Table" in the Caltrans Construction Site Monitoring
Program Guidance Manual.
4. Report of acute and chronic toxicity tests on aquatic organisms
conforming to EPA methods.
5. List of ingredients, including chemical formulation.
6. Properties of polyacrylamide in tackifier including (1) percent purity by
weight, (2) percent active content, (3) average molecular weight, and
(4) charge density.
Epoxy
Epoxy powder coating for dowel bars
and tie bars
Expansion joint filler
Fiberglass pipe Certificate of compliance must be submitted with laboratory test results.
Gabions
If PVC coating is shown, a suitable UV resistance additive must be blended
with the PVC and the additive must be shown on the certificate of
compliance.
Geocomposite drain
Certificate of compliance must certify that the drain produces the specified
flow rate. The certificate must be accompanied by a flow capability graph for
the geocomposite drain showing flow rates and the externally applied
pressures and hydraulic gradients. Verification must be by an authorized
laboratory for the flow capability graph.
Geosynthetics Test sample representing each lot and minimum average roll value.
Glass beads
Glue laminated timbers and decking
Guide markers
Irrigation hose
Irrigation pipe
Certificate of compliance required for:
• Polyethylene pipe.
• Plastic pipe supply line for pipe with wall thickness of the bell less than
the specified minimum wall thickness of the pipe.
Joint filler material
Joint seals (Type A and AL) Certified test report for each batch of sealant.
Page 3 of 7
January 2020
Local Assistance Procedures Manual Exhibit 16-T1
Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications
Table 6-2.3 Materials Accepted by Certificate of Compliance (4 of 7)
Material/Product Remarks (Including Requirements for Additional Back-Up
Information Required with Certificate of Compliance)
Joint seal (Type B) Certificate of compliance required for:
• Elastomeric joint seal
• Lubricant-adhesive
Certificate of compliance must be submitted with certified test report for each
lot of elastomeric joint seal and lubricant-adhesive. Test reports must include
the seal movement rating, the manufacturer's minimum uncompressed width,
and test results.
Joint seal assemblies with a movement
rating of 4 inches or less
For alternative joint seal assemblies, a certificate of compliance must be
submitted for each shipment of joint seal materials. The certificate must state
that the materials and fabrication involved comply with the specifications and the
data submitted in obtaining the authorization for the alternative joint seal
assembly.
Joint seal assemblies with a
movement rating over 4 inches
Lime Certificate of compliance must include a statement certifying the lime
furnished is the same as on the authorized material source list.
Machine spiral wound PVC
pipeliners
Certificate of compliance for each reel of PVC strip must include:
1. Name of manufacturer
2. Plant location
3. Date of manufacture and shift
4. Cell classification
5. Unit mass
6. Average pipeliner stiffness and profile type
Markers
Certificate of compliance required for:
1. Metal target plates
2. Enamel coating
3. Retroreflective sheeting
Masonry block
Certificate of compliance required for:
1. Concrete masonry units
2. Aggregate for grout
3. Grout
Micro surfacing emulsion
Mulch
Open steel flooring and grating
Overside drains Certificate of compliance based on steel materials, aluminum materials or
plastic materials.
Parking area seal material
Pavement markers
Pavement marking Paint
or thermoplastic
Plastic lumber Laboratory test report.
Plastic traffic drums
Plastic pipe for drainage
Certificate of compliance must include average pipe stiffness, resin
material cell classification, and date of manufacture.
For corrugated polyethylene pipe, manufacturer’s copy of plant audits
and test results from the National Transportation Products Evaluation Program
for the current cycle of testing for each pipe diameter furnished.
Portable changeable message sign
Precast concrete Cementitious
material used in precast concrete
products
Certificate of compliance must be signed by the precast concrete product
manufacturer.
Page 4 of 7
January 2020
Local Assistance Procedures Manual Exhibit 16-T1
Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications
Table 6-2.3 Materials Accepted by Certificate of Compliance (5 of 7)
Material/Product Remarks (Including Requirements for Additional Back-Up
Information Required with Certificate of Compliance)
Precast concrete
Box culverts
Certificate of compliance must be signed by the manufacturer's QC
representative for each shipment.
Precast raised traffic bars
Preformed compression seal for
concrete pavement
Preformed membrane sheet Must include type of sheet and the conditioner or primer application rates.
Rapid strength concrete
Certificate of compliance is required for each delivery of aggregate,
cementitious material, and admixtures used for calibration tests.
The certificate of compliance must state that the source of the materials used
for the calibration tests is the same source as to be used for the planned work.
Reinforcement
You may request that the contractor submits with certificate of
compliance:
1. Copy of the certified mill test report for each heat and size of
reinforcing steel showing physical and chemical analysis.
2. Two copies of a list of all reinforcement before starting reinforcement
placement.
Reinforcement
Epoxy-coated
Certificate of compliance for each shipment of epoxy-coated
reinforcement must be submitted with:
1. Certification that the coated reinforcement complies with ASTM A 775/A
775M for bar reinforcement or ASTM A 884/A 884M, Class A, Type 1, for
wire reinforcement
2. All certifications specified in ASTM A 775/A 775M for bar
reinforcement or ASTM A 884/A 884M for wire reinforcement.
Reinforcement
Epoxy-coated prefabricated
reinforcement
Certificate of compliance for each shipment of epoxy-coated prefabricated
reinforcement must be submitted with:
1. Certification that the coated reinforcement complies with ASTM A 934/A
934M for bar reinforcement or ASTM A 884/A 884M Class A, Type 2 for
wire reinforcement.
2. All certifications specified in ASTM A 934/A 934M for bar
reinforcement or ASTM A 884/A 884M for wire reinforcement.
Reinforcement
Epoxy-coating patching materials
Certificate of compliance for the patching material must include
certification that the patching material is compatible with the epoxy
powder to be used.
Reinforcement
Headed bar
Certificate of compliance for each shipment of headed bar reinforcement must
be submitted with:
1. Mill test reports for the:
1.1. Bar reinforcement
1.2. Head material
2. Production test reports
3. Daily production logs
Reinforcement
Splicing
Certificate of compliance for each shipment of splice material must be
submitted with:
1. Type or series identification of the splice material, including tracking
information for traceability.
2. Grade and size number of reinforcement to be spliced.
3. Statement that the splice material complies with the type of
mechanical splice on the authorized material list.
4. For resistance-butt-welded material:
4.1. Heat number
4.2. Lot number
4.3. Mill certificates
Page 5 of 7
January 2020
Local Assistance Procedures Manual Exhibit 16-T1
Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications
Table 6-2.3 Materials Accepted by Certificate of Compliance (6 of 7)
Material/Product Remarks (Including Requirements for Additional Back-Up Information
Required with Certificate of Compliance)
Sheet metal
Sign panels
Certificates of compliance required for:
1. Aluminum sheeting
2. Retroreflective sheeting
3. Screened-process colors
4. Nonreflective, opaque, black film
5. Protective-overlay film
Silicone joint sealant A certified test report of the results for the required tests performed within 12
months before the proposed use.
Slotted edge drain
Snow poles
Snow plow deflectors polyethylene
material
Soil amendment
Steel crib wall
Sheet metal
Sign panels
Certificates of compliance required for:
1. Aluminum sheeting
2. Retroreflective sheeting
3. Screened-process colors
4. Nonreflective, opaque, black film
5. Protective-overlay film
Silicone joint sealant A certified test report of the results for the required tests performed within 12
months before the proposed use.
Slotted edge drain
Snow poles
Snow plow deflectors polyethylene
material
Soil amendment
Steel crib wall
Steel pipe piles
The certificate of compliance must be signed by the plant's QC representative.
The QC representative must be on record with the Department's Office of
Structural Materials. certificate of compliance must include:
1. Statement that all materials and workmanship incorporated in the work and all
required tests and inspections of this work have been performed as described.
2. Certified mill test reports for each heat number of steel pipe piles being
furnished.
3, Test reports for tensile, chemical, and any specified non-destructive test
(NDT).
4. Test reports must be based on test samples taken from the base metal, steel,
coil or from the manufactured or fabricated piles.
5. Calculated carbon equivalent. The carbon equivalent may be shown on the
mill test report.
Steel sheet piling
Structural plate culverts
Certificate of compliance required for:
1. Structural metal plate pipe
2. Arches
3. Pipe arches
4. Metal liner plate pipe
Page 6 of 7
January 2020
Local Assistance Procedures Manual Exhibit 16-T1
Materials Requiring a Certificate of Compliance per Caltrans Standard Specifications
Table 6-2.3 Materials Accepted by Certificate of Compliance (7 of 7)
Material/Product Remarks (Including Requirements for Additional Back-Up Information
Required with Certificate of Compliance)
Structural shape steel piles
Certificate of compliance must include:
1. Test reports for tensile, chemical, and any specified NDT. Test samples must
be taken from the base metal, steel, or from the manufactured or fabricated
pile.
2. A statement that all materials and workmanship incorporated in the work
and all required tests and inspections of this work have been performed
as described.
Structural composite lumber used in
falsework
Structural steel thermal spray coat
Wire feedstock
Styrofoam filler
Subsurface drain
Temporary concrete washout Certificate of compliance required for:
• Gravel-filled bag
• Plastic liner
Temporary fence (Type ESA) Certificate of compliance required for:
• High visibility fabric
• Safety caps for metal posts
Temporary linear sediment barrier
Certificate of compliance required for:
• Fiber roll
• Safety cap for metal posts
• Silt fence fabric
• Sediment filter bag
• Foam barrier
• Gravel-filled bag fabric
Temporary railing (Type K)
Thermoplastic
Tie bars
Tie bar baskets
Timber products (treated and
untreated)
Certificate of compliance for timber and lumber must state the species of the
material to be shipped and include a certified grading report. If treated, certified
treating report.
Threaded tie bar splice couplers
Traffic stripe
Paint or thermoplastic
Turf sod
Underdrains
Certificate of compliance required for:
• Type of pipe
• Tubing
• Fitting
Waterproofing fabric
Waterstop Certificate of compliance for waterstop material must state compliance with
paragraph 6 of Army Corps of Engineers CRD-C 572.
Welded wire fabric
Wire mesh fencing
Page 7 of 7
January 2020
Local Assistance Procedures Manual Exhibit 16-T2
Materials Requiring a Certificate of Compliance per the Greenbook
Greenbook 2018
Materials Requiring a Certificate of Compliance or Certified Test Reports
Material Section # Section Title Additional Comments
1 4-5 Certificate of Compliance General Requirements
2 Weighing and Metering Equip. 4-7 Weighing and Metering Equipment Engineer to "approve" prior to operation.
3 Cement 201-1.21 Cement
4 Fly Ash 201-1.2.5.3 Fly Ash Specific language/info required on the COC.
Must also submit test data upon request.
5 Pozzolans 201-1.2.5.4 Class N Pozzolans Specific language/info required on the COC.
Must also submit test data upon request.
6 Joint Sealant , Type E 201-3.9 Test Report and Certification Specific language/info required on certified test reports.
7 Curing Compound 201--4.3 Test Report and Certification Must submit certified test report upon request.
8 Paving Asphalt 203-1.3 Test Report and Certification Specific language/info required on certified test reports.
9 Liquid Asphalt 203-2.2 Test Report and Certification Specific language/info required on certified test reports.
10 Microsurfacing Emulsion (MSE) 203-3.5 Certificate of Compliance With each load. Must also submit test data upon request.
11 Latex 203-10.2.2 Latex Specific language/info required on the COC.
12 Asphalt Rubber Hot Mix (ARHM) 203-11.2 Materials Must also submit test reports with the COC.
13 Crumb Rubber Modifier (CRM) 203-11.2.3.1 General (Crumb Rubber Modifier) Specific language/info required on the COC.
14 Treated Wood 204-2.4 Quality Control Specific language/info required on the COC.
15
Structural Steel , Rivets, Bolts, Pins
206-1.1.2 Certification Specific language/info required on certified test reports.
16 Gray Iron and Ductile Iron Castings 206-3.4.2.1 General (Tensile Testing) Must also submit test reports with the COC.
17 Gray Cast Iron Castings 206-3.4.2.2 Gray Cast Iron Castings Specific language/info required on the COC and must submit
certified test results.
18 Ductile Iron Castings 206-3.4.2.3 Ductile Iron Castings Specific language/info required on the COC and must submit
certified test results.
19 Corrugated Steel Pipe, pipe arches. 207-11.2.1 General (Materials)
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Local Assistance Procedures Manual Exhibit 16-T2
Materials Requiring a Certificate of Compliance per the Greenbook
20 Structural Steel Products 207-12.2.1 General (Materials) Specific language/info required on the COC.
21 Structural Aluminum Products 207-14.2.1 General (Materials) Specific language/info required on the COC.
22 PVC Pipe 207-17.4.1 General (Test Requirements)
23 PolyPropylene Pipe 207-25.6.1 General (Man. Facility Testing)
24 Materials used in Sewers 211-2 Chemical Resistance (Pickle Jar) Test Specific language/info required on the COC.
25 Viscometer Calibration 211-4.2 Calibration
26 Engineering Geosynthetics 213-1 General (Engineering Geosynthetics) Specific language/info required on the COC.
27 Traffic Paint, Thermo and Markers 214-2 Test Reports And Cert. of Compliance Specific language/info required on certified test reports OR
COC
28 Precast Reinforced Concrete Box 216-8 Basis of Acceptance
29 Fiberglass Standards 700-3.3.4 Fiberglass Standards Specific language/info required on the COC and test reports.
30 Conductors for Series Circuits, 5000V 700-4.2.2 Conductors for Series Circuits
31 Conductors and Cable 700-5.3.1 General (Conductors and Cable)
32 Lamp Receptable Conductors 700-5.5.7 Electrical Components COC Required if required information is not marked on the
insulation.
33 LED Signal Modules 700-5.5.11.8 Certificate of Compliance
34 LED Pedestrian Signal Module 700-5.6.6.7 Certificate of Compliance
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QAP – City of La Quinta – Revised: 08/11/2020
APPENDIX #4
CERTIFICATE OF COMPLIANCE EXAMPLE
Division of Local Assistance, Office of Procedures Development and Training
Quality Assurance Program (QAP) Manual for Use by Local Agencies Revised January 20, 2011
Appendix J.1 - Example of a Vendor’s Certificate of Compliance
36
Division of Local Assistance, Office of Procedures Development and Training
Quality Assurance Program (QAP) Manual for Use by Local Agencies Revised January 20, 2011
Appendix J.2 - Example of a Certificate of Compliance for
Portland Cement (continued)
ThisThis is to certifyis to certify tthhat theat the
PortPortland Cemland Cemeentnt ..
Supplied by ABC Cement Company complies with all
requirements for Type II Portland Cement when tested in
accordance with ASTM C - 494.
Local Agency Project No. Albert Howakowa
HP21L – 5055 – 111 Quality Assurance Engineer
ABC Cement Company
Date: 07/07/07 .
37
QAP – City of La Quinta – Revised: 08/11/2020
APPENDIX #5
MATERIAL CERTIFICATION EXAMPLE
□
□
Local Assistance Procedures Manual EXHIBIT 17-G
Materials Certificate
EXHIBIT 17-G MATERIALS CERTIFICATE
Materials Certificate
CITY/COUNTY LETTERHEAD
(Sample)
Date:
Federal-Aid Project No.:
Caltrans File Category 61:
Job Stamp
Subject: Materials Certification
This is to certify that:
The results of the tests on acceptance samples indicate that the materials incorporated in the construction work
and the construction operations controlled by sampling and testing were in conformity with the approved plans
and specifications.
Exceptions to the plans and specifications are explained on the back of this memorandum (or on
attached sheet).
No exceptions to the plans and specifications were found.
Signature of local agency engineer in responsible charge of project and title
Distribution: ( For all projects ) 1) Local agency Project Files (original)
2) DLAE (1 copy in Report of Expenditures)
(For projects on the NHS) 3) FHWA (1 copy)
Page 17-23
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QAP – City of La Quinta – Revised: 08/11/2020
APPENDIX #6
PROJECT FILE ORGANIZATION
I
Local Assistance Procedures Manual Chapter 16
Administer Construction Contracts
surveyors, however, the local agency must provide a full-time public employee to be the person
who is in responsible charge.
Document the Project Staff
List the names, titles and contact number of all staff (Agency and consultants hired by the
agency) assigned to the project performing contract administration duties, including engineers,
inspectors, lab testers, office help or others. This list should not include any contractors’ staff or
consultants hired by the prime contractor. Place a copy in the project files. This documentation
is essential for auditors to determine the adequacy of the local agency’s staffing.
Obtain the Designation of the Contractor’s Authorized Representative
Prime contractors, including those operating in joint venture, must be required by the project
specifications to designate in writing a person authorized to supervise the work and to act for
the contractor on the project. The representative must be present at the jobsite while work is in
progress. Both the Caltrans Standard Specifications, as well as the Greenbook, includes this
requirement. Place a copy of the authorization in the project file, providing the address and after
hours contact information of the person authorized to supervise.
16.3 MAINTAINING PROJECT RECORDS
A local agency must establish a separate record file for each federal-aid highway project. The
project file must contain all data pertinent to the work and to the requirements of the
specifications.
In general, project records must support the adequacy of the field supervision, inspection and
testing; conformance to contract specifications; and payments to the contractor. Generally,
whenever the local agency is unable to produce requested records, it shall be assumed by
reviewing personnel the required actions were never performed. Organized project files can
minimize these negative assumptions.
During the construction phase, Caltrans Construction Oversight Engineers periodically perform
reviews and inspection of the local agency project files for compliance with federal and state
requirements. Organization and content of the project file is one indicator of the effective and
efficient management of the project by the RE. It also minimizes resources necessary for
conducting process reviews.
Organization of Project Records
Each agency must develop or adopt a filing index to be used on all federal-aid projects
administered by the agency off the SHS. An agency is only required to use the CT filing index
for projects on the SHS. The files must be complete and well organized and should include, at a
minimum, even on relatively simple projects, the topics indicated below.
Project Record Filing System - Locally Administered Federal-Aid Projects
1. Award Package
a. Exhibit 15-A: Local Agency Construction Contract Administration Checklist
b. Exhibit 15-B: Resident Engineer’s Construction Contract Administration Checklist
c. Exhibit 15-M: Detail Estimate
d. LAPM 3-A: Project Authorization/Adjustment Request
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Local Assistance Procedures Manual Chapter 16
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2. Project Personnel
a. Local Agency Project Personnel Sheet (names, titles and phone number)
b. Local Agency and Contractor’s Emergency Contact Information Sheet
c. Contractor’s letter designating representative authorized to act for the contractor
3. Correspondence
a. To contractor
b. From contractor
c. General
4. Exhibit 16-A: Weekly Statement of Working Days
5. Quality Assurance:
a. Copy of Quality Assurance Plan
b. Independent Assurance
i. Exhibit 16-D: Certificate of Proficiency
ii. Certification of Accreditation of Testing Lab (TL-0113)
iii. Equipment Calibration Verifications (Nuclear Gauge)
c. Exhibit 16-I: Notice of Material to be Used (Form CEM-3101)
d. Acceptance Testing Results and Initial Tests (Make a Category 6d for each
material such as, 6d1.i, Cl 2 Base Test Summary Log, 6d2.ii Cl 2 Base Test
Results- 6d2.i AC Test Results Log etc. Include items below for each):
i. Test Result Summary Log
ii. Test Results
e. Exhibit 16-T: Materials Typically Accepted by Certificate of Compliance
f. Exhibit 16-K: Report of Inspection of Material (Form MR-0029)
g. Buy America Certifications
h. Exhibit 16-G: Corroboration Report
6. Engineer’s Daily Reports
a. Resident Engineer’s Daily Report (Exhibit 16-C, or similar)
b. Assistant Engineer’s Daily Report (Exhibit 16-C, or similar)
c. Structures Engineer
7. Photographs
8. Contract Item Pay Quantity Documents
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9. Exhibit 16-Y: Monthly Progress Payment Item Quantity Calculation Sheet, or similar
10. Change Orders (CO)
a. CO 1
i. Approved CO or equivalent (agencies may use their own form or use State form
CEM-4900)
ii. CO Memorandum/Transmittal Letter or equivalent (agencies may use their own
form or use State form CEM-4903)
iii. Written Prior Approval to Proceed
iv. Independent Supporting Force Account Cost Calculations (if Agreed Price)
v. Justification of time extension
vi. Extra Work Reports
b. CO 2 etc.
11. Progress Pay Estimates and Status of Funds
12. Labor Compliance and Equal Employment Opportunity (EEO) records
a. Certified Payrolls
b. Exhibit 16-B: Subcontracting Request
c. Photo Documentation of all required posters:
www.fhwa.dot.gov/programadmin/contracts/poster.cfm
d. Labor Compliance Interviews
e. Exhibit 16-O: Federal-Aid Highway Contractors Annual EEO Report
13. Disadvantaged Business Enterprise (DBE) Records
a. Exhibit 15-G: Construction Contract DBE Information
b. Exhibit 15-H: DBE Information -Good Faith Efforts
c. Exhibit 16-Z1: Monthly DBE Trucking Verification
d. DBE Substitution Supporting Documentation (if applicable)
e. Exhibit 17-F: Final Report –Utilization of DBE and First –Tier Subcontractor
Other sections of this chapter explain the content of the above listed file categories.
A large and complex project usually requires a more detailed record-keeping system. The
record-keeping system described in Caltrans Construction Manual, Section 5-102, Organization
of Project Documents is suggested for large projects.
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Local Assistance Procedures Manual Chapter 16
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Availability of Records for Review or Audit
The record retention period for the non-Federal entities for financial purposes is 3 years and
begins when the final voucher is submitted in FMIS and required documentation is submitted to
FHWA per the stewardship and oversight agreement. The files must be available at a single
location for these reviews and audits. Use of a uniform project record-keeping system, together
with diligent maintenance of the system, greatly facilitates a process review and minimizes
negative findings. Good records of all construction activities clearly demonstrate to those
concerned that project supervision and control were attained on the project.
16.4 PRE-CONSTRUCTION CONFERENCE
For all construction projects, the local agency must schedule a pre-construction conference with
the contractor.
Required Attendees:
• Local Agency Representative
• Resident Engineer (if this is not the same person as above)
• Contractor
Possible/Recommended Attendees:
• Local Agency Labor Compliance Officer
• Local Agency Safety Officer
• Other Affected Agencies (Fish and Wildlife, Parks and Rec, etc.)
• Emergency Services (Fire, Police, Ambulance, etc.)
• Public Utilities (if relocation or temporary shut downs are required)
• FHWA Project Oversight Manager
The size, duration, and complexity of the project should be considered when determining who to
invite. When an invitation is extended to Caltrans, representation will be up to the DLAE as
resources allow. The local agency representatives should discuss important contract issues,
submittals, as well as sanctions for non-compliance with local, state, and federal requirements.
Required Topics:
• Safety
• Equal Employment Opportunity
• Labor Compliance
• Subcontracting (including required submittal of the Exhibit 16-B: Subcontracting
Request)
• DBE
• NEPA, Permits and Environmental Mitigation Commitment requirements
• Potential Traffic or Pedestrian Handling Issues
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QAP – City of La Quinta – Revised: 08/11/2020
APPENDIX #7
ACCEPTANCE TESTING LOG SUMMARY EXAMPLE
~
Exhibit 16-Z2 Local Assistance Procedures Manual Acceptance Testing Result Summary Log
Exhibit 16-Z2 Acceptance Testing Results Summary Log
Project Name: __________________________________________________________
Test Method Name: ___________________ Test Method Number: ___________________
Contract Number: _______________________________________________________
Test
Number Date Sampled Name of Sampler or Tester Production Test Results Remarks
Tester Certification on file? Location (Stations, depths, etc) Production Quantity
Represented Required Result Actual Result Pass/Fail Include action taken for any failing test result;
note test number of any retest.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
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