RFQ L&L Assessment District 89-1 Lighting Maintenance Services - Project 2023-29
PROJECT NO: 2023-29
Landscape Lighting Maintenance Services For
Landscape & Lighting Assessment District 89-1
REQUEST FOR
QUALIFICATIONS
DUE BY:
Tuesday, May 7, 2024
BY 3 P.M.
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REQUEST FOR QUALIFICATIONS
The City of La Quinta (City) seeks proposals from qualified contractors to provide lighting maintenance services
for Lighting & Landscape Assessment District 89-1, Project No 2023-29.
A mandatory pre-proposal meeting and walk through is scheduled for Tuesday, April 16, 2024, at 1:00 p.m.
at La Quinta City Hall, 78495 Calle Tampico, La Quinta, CA 92253.
Project/Services Title: Lighting & Landscape Assessment District 89-1 Lighting Services
Issue Date: Tuesday, April 2, 2024
DUE DATE: Tuesday, May 7, 2024
Requesting Department: Public Works, Maintenance & Operations
GENERAL TERMS AND CONDITIONS
1. SUBMISSION REQUIREMENTS
Qualifications and proposals are to be hand delivered or mailed by Tuesday, May 7, 2024, no later than 3:00
pm. All qualifications and proposals must bear original or electronic signatures and be submitted to the
following contact:
City of La Quinta
Attn: Dianne Hansen, M&O Superintendent
78495 Calle Tampico
La Quinta, California 92253
Tel: (760) 777 – 7117
Email: dhansen@LaQuintaCA.gov
Envelope one: Qualifications are to be submitted via four (4) hard copy originals and one (1) electronic PDF
on a USB drive in a sealed envelope and must include:
(1) Work Proposal Qualification Summary Sheets (page numbers 6-7).
(2) Section 1200; Contract Documents;
(3) Section 1205; Examination of Contract Documents
(4) Section 1210; Compliance Form;
(5) Section 1220; Certification of Proposers Experience and Qualifications;
(6) Section 1230; Non-Collusion Affidavit.
(7) Section 1240; Proposed Subcontractors
Envelope two: Cost proposal is to be submitted via hard copy only and must include:
(1) Section 1245; Base Proposal Items
(2) Section 1300; Contract (pages 1 through 6) from Contract filled out completely.
Proposal Evaluation and Contract Award:
Proposals will be evaluated by the Committee, considering the factors listed below and in no order of
significance.
➢ The Contractor's ability to provide adequate scheduling, qualified supervision, staffing, and the
distribution of work crews, and labor summary.
➢ The Contractor's ability to effectively show proof of implementing and managing thorough quality
control programs for landscape maintenance and arboricultural services.
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➢ The Contractor's demonstrated competence in similar work and/or their demonstrated ability to
take on, train, and retain personnel sufficient to do landscape work of this scope.
➢ Contract Labor Summary.
➢ Facilities, equipment, and on-site evaluations.
➢ The Contractor's references.
➢ Qualifications Summary found on page 6, Requested Services
Facilities equipment on-site evaluation:
Upon selection of the most qualified proposers, the City may require the finalists to make an oral
presentation to the Selection Committee and/or the City Council and/or City Manager. The City
expressly reserves the right to reject any or all proposals, with or without providing a reason, and to
waive any irregularities or informalities in the offers received. In the event of any su ch rejection, or in
the event a proposer’s offer is not rejected but does not result in contract award, the City shall not be
liable for any costs incurred by the proposer in connection with the preparation and submittal of the
proposal.
2. QUESTIONS or REQUESTS FOR CLARIFICATIONS
Any requests for clarification or other questions concerning this RFQ must be submitted in writing by
Wednesday, April 24, 2024; and sent via email to Dianne Hansen, M&O Superintendent,
dhansen@laquintaca.gov.
3. ERRORS AND OMISSIONS
If a proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFQ or any of its
attachments, he/she shall immediately notify the City of such error in writing and request modification
clarification of the document. Modifications will be made by addenda. Clarifications will be provided in writing
to all parties who have submitted proposals or who have requested an RFQ for purposes of preparing a
proposal, without divulging the source of the request.
If a proposer fails to notify the City prior to the date fixed for submission of proposals of an error in the RFQ
known to him/her, or an error that reasonably should have been known to him/her, he/she shall submit a
proposal at his/her own risk, and if he/she is awarded an agreement, he/she shall not be entitled to additional
compensation or time by reason of the error or any corrections thereof.
4. CANCELLATION OF RFQ
This RFQ does not obligate the City to enter into an agreement. The City reserves the right to cancel this RFQ
at any time, should the project be cancelled, the City loses the required funding, or it is deemed in the best
interest of the City. No obligation, either expressed or implied, exists on the part of the City to make an award
or to pay any cost incurred in the preparation or submission of a proposal.
5. DISPUTES/PROTESTS
The City encourages proposers to resolve issues regarding the requirements or the procurement process
through written correspondence and discussions during the period in which clarifying addenda may be issued.
The City wishes to foster cooperative relationships and to reach a fair agreement in a timely manner. Formal
proposals for major professional and technical services shall be governed by the City’s Purchasing Policy.
6. NEGOTIATIONS AND FINAL AGREEMENT
The City’s Contract for services is enclosed as Attachment 1 for review prior to submitting a proposal. An
agreement will not be binding or valid with the City unless and until it is executed by authorized representatives
of the City and of the selected proposer. At the discretion of the City, any or all parts of the successful proposal
shall be made a binding part of the agreement.
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7. PRICING ADJUSTMENTS
The City reserves the right to negotiate final pricing with the most qualified proposer. Pricing shall remain firm
for the entire initial term of the agreement. Thereafter, any proposed pricing adjustment for additional periods,
if any, shall be subject to the terms of the agreement.
8. SELECTION PROCESS
Statements of Qualifications shall be reviewed and rated based on the information requested by this RFQ, as
well as responses from references and clients, background checks, any research on proposers, and other
information pertinent to the evaluation process. Closely ranked contractors may be asked to furnish evidence
of capability, equipment, and financial resources to adequately provide the services.
9. RFQ TIMELINE
RFQ Issue Date:
Tuesday, April 2, 2024
Mandatory Pre- Proposal Meeting
Tuesday, April 16, 2024
Deadline for Proposers’ Questions:
Wednesday, April 24, 2024
City’s Response to Questions:
Monday, April 29, 2024
Proposals Submittal Deadline:
Tuesday, May 7, 2024
Complete Evaluations of Proposals:
Thursday, May 9, 2024
Agreement Negotiations and Signing, Proof
of Insurance Coverage, Forms 700:
Monday, May 13, 2024
City Council Consideration and Approval:
Tuesday, June 4, 2024
Agreement Effective Date and
Project Start Date
Monday, July 1, 2024
10. PROPRIETARY, CONFIDENTIAL, AND PUBLIC INFORMATION
10.1 Proprietary and Trade Secret Information:
A copy of each proposal will be retained as an official record and will become open to public inspection,
unless the proposal or specific parts can be shown to be exempt by the California Public Records Act
[California Government Code §6250 et seq.]. Each proposer may clearly label part of a proposal as
“Confidential” if the proposer thereby agrees to indemnify and defend the City for honoring such a
designation. The failure to so label any information that is released by the City will constitute a complete
waiver of all claims for damages caused by any release of the information. If a request for public records
for labeled information is received by the City, the City will notify the proposer of the request and delay
access to the material until seven working days after notification to the proposer. Within that time delay,
it will be the duty of the proposer to act in protection of its labeled information. Failure to so act will
constitute a complete waiver.
10.2 Confidential Information:
Evaluation scores, weight factors, and negotiation notes are confidential and will not be released or
retained [California Government Code §6254(a)].
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10.3 Public Information:
All proposals will be opened on Wednesday, May 8, 2024, and will be made available to the public upon
request. By submitting a proposal, the proposer acknowledges and accepts that the content of the
proposal and associated documents will become open to public inspection. The final, executed
agreement will be a public document. Proposals and other information will not be returned.
11 PROPOSAL PREPARATION COSTS
Any costs incurred in the preparation of a proposal, preparation of changes or additions requested by the City,
presentation to the City, travel in conjunction with such presentations, or samples of items, shall be entirely the
responsibility of the proposer.
12 INSURANCE REQUIREMENTS and ACKNOWLEDGEMENT
Proposals must include a completed “Insurance Requirements Acknowledgment” form included as Attachment
2 stating that, if selected, the proposer will provide the minimum insurance coverage and indemnification noted
in Exhibits E and F, respectively, of the City’s Agreement for Contract Services.
Commercial General Liability (at least as broad as ISO CG 0001)
$3,000,000 (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
Worker’s Compensation (per statutory requirements)
Must include the following endorsements:
Worker’s Compensation Waiver of Subrogation
Worker’s Compensation Declaration of Sole Proprietor if applicable
13 CONFLICT OF INTEREST
The City requires a Statement of Economic Interest (Form 700) to be filed by any proposer who is involved in
the making of decisions which may have a foreseeable material effect on any City financial interest pursuant
to the City’s Conflict of Interest Code and the California Political Reform Act of 1974.
14 LOCAL BUSINESS PREFERENCE
Local vendors are encouraged, but not required. For purposes of this section, ‘local’ shall be defined as an
individual, partnership, or corporation, which regularly maintains a place of business within a 40-mile radius of
the City.
15 CITY RIGHTS AND OPTIONS
The City reserves the right to:
▪ Make the selection based on its sole discretion;
▪ Issue subsequent RFQ;
▪ Postpone opening proposals or selection for any reason;
▪ Remedy errors in the RFQ or in the RFQ process;
▪ Modify the Scope of Services in the RFQ;
▪ Approve or disapprove the use of particular subcontractors;
▪ Negotiate with any, all or none of the proposers;
▪ Accept other than the lowest offer;
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▪ Waive informalities and irregularities in proposals;
▪ Request additional information or clarification;
▪ Request revisions during negotiations;
▪ Invite any consultant of its choosing to assist with the evaluation of proposal responses or to provide
the City with a second opinion
▪ Enter into an agreement with another proposer in the event the originally selected proposer defaults
or fails to execute an agreement with the City in a timely manner.
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REQUESTED SERVICES
The City of La Quinta (City) seeks proposals from qualified contractors to perform lighting maintenance
services for Lighting & Landscape Assessment District 89-1, Project No 2023-29.
I. PROPOSAL FORMAT
Contractors are encouraged to keep their proposals brief and relevant to the specific information requested
herein. Proposals should be straightforward, concise, and provide “layman” explanation of technical terms that
are used. Emphasis should be on completeness and clarity of content.
Present the proposals in a format and order that corresponds to the numbering and lettering contained
herein, with minimal reference to supporting documentation, so that proposals can be accurately
compared.
1. Cover Letter
Signed by an official authorized to bind the contractor with name, address, phone number, and email
address of contractor’s contract person, location of contractor’s main office, location of the office that
would service this project, a validity statement that all information and pricing provided in the proposal is
valid for at least ninety (90) days, and a statement that any individual who will perform work for the City
is free of any conflict of interest.
Contractors Background, Qualifications, and Experience, including the following:
(a) Number of years in business
(b) Department of Industrial Relations (DIR) and Taxpayer identification number
(c) Number of years performing landscape lighting maintenance.
(d) Resumes of the key personnel who will be responsible for performance if the City and Contractor
enter into a contract as a result from this RFQ
(e) Business ownership and if incorporated, list the state in which the business is incorporated and
the date of incorporation.
(f) If the business is a subsidiary of a parent company, identify the parent company.
Qualifications Summary including the following:
(a) Include the company’s mission statement, and statement of values.
(b) Work Schedules: Provide a proposed detailed schedule of work, including strategies to
replace/repair and/or update the current lighting in the center medians.
i. Include a sample bi-weekly schedule to complete a full rotation of all service areas.
(c) Provide an example of a report/notification used to schedule maintenance areas.
(d) Equipment & Maintenance: List equipment to be utilized on this project, include a list of equipment
in compliance with SB1346, and any specialized equipment (height/reach of the boom truck).
(e) Traffic Control Measures: Provide a detailed explanation of the traffic control measures and
procedures utilized by your company. Include a list of the equipment used for traffic control, and
if any staff members have obtained a Traffic Control Technicians Certification.
(f) Proposed personnel: Provide a list of proposed management personnel for this project. Include
details that differentiate your staff from other potential bidders. List the assigned Supervisor’s and
Foreman’s experience working with municipalities, businesses, and HOA’s. Include the number
of accounts assigned to the Supervisor and Forman.
i. Include the number of maintenance staff to be assigned to this project.
(g) Certifications: List all certifications that apply to this project held by your company and/or staff,
and how many staff members are certified.
(h) Name, description, and location of the office from which most of the work would be accomplished,
including its size, organization, number of employees, areas of practice and number of years in
operation.
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2. References of California government agencies (preferably cities utilizing)
(a) Client name, client project manager, telephone number, and email address
(b) Project description
(c) Project start date, and end date
(d) Staff assigned to each project by the contractor.
(e) Provide a summary of final outcome.
3. Complete Pricing List Including Labor Rates:
Proposal, envelope one shall include a detailed fee schedule for hourly/daily rates for extra work
performed, include hourly/daily rates for an Electrician, Journeymen, Laborer, as well as any other
specialty services provided by the Contractor.
Envelope two shall include the monthly/annual cost for services requested by this RFQ.
4. List of Complementary Services Offered by Proposer along with Corresponding Prices
5. Subcontracting Services
Subcontracting any portion(s) of the Scope of Services is not preferable; however, if a proposer can
demonstrate to the City’s satisfaction that is in the best interest of the project to permit a portion of the
service(s) to be subcontracted by the proposer, it may be considered. Provide details on the role of any
subcontractor that will be used. Assignment is prohibited.
6. Disclosures
Disclosure of any alleged significant prior or ongoing agreement failure, any civil or criminal litigation or
investigation pending, which involved the proposer or in which the proposer has been judged guilty or
liable within the last five (5) years. If there is no information to disclose, proposer must affirmatively state
there is no negative history.
7. Acknowledgement of Insurance Requirements (Attachment 2)
Proposals must include a written statement that, if selected, the proposer will provide the minimum
insurance coverage and indemnification noted in Exhibits E and F, respectively, of the City’s Agreement
for Contract Services included as Attachment 1.
8. Acknowledgement of Addenda (Attachment 3)
If any addendum/addenda are issued, the proposer shall initial the Acknowledgement of Addenda,
included as Attachment 2.
ATTACHMENTS
1. Contract Specifications for Lighting Maintenance
2. Insurance Requirements Acknowledgement
Must be executed by proposer and submitted with the proposal
3. Addenda Acknowledgement
Must be executed by proposer and submitted with the proposal
ATTACHMENT 1
CONTRACT SPECIFICATIONS
CITY PROJECT NO. 2023-29
Landscape Lighting Maintenance Services
For
Landscaping & Lighting Assessment District 89-1
CITY OF LA QUINTA, CALIFORNIA
PREPARED FOR:
CITY OF LA QUINTA
PULIC WORKS DEPARTMENT
78495 CALLE TAMPICO
LA QUINTA, CA 92253
(760) 777-7091
APPROVED BY:
_______________________________________________ DATE: April 2, 2024
Bryan McKinney, Public Works Director/City Engineer
TABLE OF CONTENTS
PROJECT NO 2023-29
DIVISION 1 - PROPOSAL AND CONTRACT REQUIREMENTS PAGE
1100 Request for Qualifications and Proposal 100-1
1110 Instructions to Proposers 1110-1
1200 Contract Documents 1200-1
1205 Examination of Contract Documents 1220-1
1210 Compliance Form 1220-2
1220 Certification of Proposer’s Experience/Qualifications 1220-4
1230 Non-Collusion Affidavit 1230-1
1240 Proposed Subcontractors 1240-1
1245 Base Proposal Items 1245-3
1250 Notice to Contractor to Enter into Contract 1250-1
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 1340-2
3.0 Change in Terms 1340-7
1400 General Conditions 1400-1
DIVISION 2 - GENERAL PROJECT REQUIREMENTS
2000 General 2000-1
1.0 Contract Location 2000-1
2.0 Contract Terms 2000-1
3.0 Permits and Licenses 2000-1
4.0 Workman’s Compensation Coverage 2000-1
5.0 Insurance Compliance Requirements 2000-1
6.0 Working Hours 2000-2
7.0 Holidays 2000-2
8.0 Performance Deficiencies and Reduction in Payment 2000-2
Request for Qualifications and Proposal 1100-1
SECTION 1100
REQUEST FOR PROPOSAL
Project No. 2023-29
LANDSCAPE LIGHTING MAINTENANCE SERVICES
FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89 -1
SEALED REQUEST FOR QUALIFICATIONS will be received by the City of La Quinta (City) located
at 78495 Calle Tampico, La Quinta, California, 92253 at/or before 3:00 P.M. on Tuesday, May 7,
2024, for performing work as follows:
Furnish all necessary equipment, labor, and incidentals as required to perform
landscape lighting maintenance duties for median islands, parkways, retention
basins, fountains and civic facilities. The primary work involved is in the Landscape
and Lighting Assessment District 89 -1, consisting of maintenance and repair of all ,
landscape lighting, electrical systems, fountain facilities, and irrigation electrical
systems. A listing of sites and plans for each landscape lighting maintenance area
has been included in the Appendix section of this Specification.
The initial Annual Contract period will be for twelve (12) months from July 1, 2024 to June 30, 2025.
Upon satisfactory performance, the City may opt to extend the contract for six (6) additional one-year
terms.
IMPORTANT: It is the responsibility of the proposer to check the City’s website for any changes or
questions submitted prior to Wednesday, April 24, 2024.
Proposal procedures are prescribed in the Project Specifications. Proposals shall be executed upon
the forms bound and made a part of said Specifications . The City reserves the right to reject any or
all proposals, and to waive any irregularities in the proposals.
All proposers 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 Contractor shall possess a valid Class C-10 License at the time that the
proposal is submitted. Subcontractors shall possess valid, suitable licenses for the work they will
perform. Failure to possess the specified license(s) shall render the proposal as non-responsive.
This project is subject to Prevailing Wage. 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 Request for Proposal, 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).
Pursuant to Section 1770, et. seq., of the California Labor Code, the successful proposer 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 web site 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
Request for Qualifications and Proposal 1100-2
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 proposal
for a public works project submitted on or after March 1, 2015 unless registered with the
Department of Industrial Relations. Furthermore, all proposers 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 proposers are hereby notified that this project is subject
to compliance monitoring and enforcement by the Department of Industrial Relations. The
successful proposer will be required to furnish a Performance Bond in the amount equal to One
Hundred (100%) of the Contract annual amount and a Payment bond in the amount equal to
Twenty-five percent (25 %) of the Contract annual amount.
Proposal forms received after the designated time will not be accepted. No proposer may withdraw
its proposal for a period of 180 (6180) days after the date set for the opening of proposals.
Proposals shall be submitted only in sealed envelopes.
Approved By: ________________________ Date:
Bryan McKinney, Public Works Director
April 2, 2024
9.0 Termination 2000-3
10.0 Labor Charges 2000-3
11.0 Damages 2000-3
12.0 Acceptance 2000-3
13.0 Complaints Received by the City 2000-4
14.0 Communications 2000-4
15.0 Contractors Employees 2000-5
16.0 Quality Control/Quality Assurance/Safety 2000-5
16.1 Quality Control 2000-5
16.2 Performance Requirements Summary Report 2000-5
16.3 Safety 2000-5
16.4 Weekly Schedule 2000-5
16.5 Authorization 2000-5
16.6 Required Form Delivery 2000-5
17.0 Special Requests 2000-6
18.0 Project Inspections 2000-6
19.0 Traffic Control 2000-6
20.0 The City’s Right to do Work 2000-6
21.0 Cooperation/Collateral Work 2000-6
22.0 Protection of Existing Facilities and Structure 2000-6
23.0 City Liaison 2000-7
24.0 Method of Payment 2000-7
25.0 Contractor Neglect 2000-7
26.0 Administration 2000-7
DIVISION 3 - SPECIAL PROJECT REQUIREMENTS
3000 Scope of Work
3000-1
1.0 Scope of Work 3000-1
2.0 Scheduling of Work 3000-1
3.0 Services to Be Performed 3000-1
3.1 General 3000-1
DIVISION 4 - REPORTS AND SCHEDULES
SECTION 4000 4000-1
DIVISION 5 - FORMS
SECTION 5000 5000-1
APPENDIX
SUMMARY OF LANDSCAPE LIGHTING MAINTENANCE AREAS
Request for Qualifications and Proposal 1100-1
SECTION 1100
REQUEST FOR PROPOSAL
Project No. 2023-29
LANDSCAPE LIGHTING MAINTENANCE SERVICES
FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89 -1
SEALED REQUEST FOR QUALIFICATIONS will be received by the City of La Quinta (City) located
at 78495 Calle Tampico, La Quinta, California, 92253 at/or before 3:00 P.M. on Tuesday, May 7,
2024, for performing work as follows:
Furnish all necessary equipment, labor, and incidentals as required to perform
landscape lighting maintenance duties for median islands, parkways, retention
basins, fountains and civic facilities. The primary work involved is in the Landscape
and Lighting Assessment District 89 -1, consisting of maintenance and repair of all ,
landscape lighting, electrical systems, fountain facilities, and irrigation electrical
systems. A listing of sites and plans for each landscape lighting maintenance area
has been included in the Appendix section of this Specification.
The initial Annual Contract period will be for twelve (12) months from July 1, 2024 to June 30, 2025.
Upon satisfactory performance, the City may opt to extend the contract for six (6) additional one-year
terms.
IMPORTANT: It is the responsibility of the proposer to check the City’s website for any changes or
questions submitted prior to Wednesday, April 24, 2024.
Proposal procedures are prescribed in the Project Specifications. Proposals shall be executed upon
the forms bound and made a part of said Specifications . The City reserves the right to reject any or
all proposals, and to waive any irregularities in the proposals.
All proposers 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 Contractor shall possess a valid Class C-10 License at the time that the
proposal is submitted. Subcontractors shall possess valid, suitable licenses for the work they will
perform. Failure to possess the specified license(s) shall render the proposal as non-responsive.
This project is subject to Prevailing Wage. 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 Request for Proposal, 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).
Pursuant to Section 1770, et. seq., of the California Labor Code, the successful proposer 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 web site 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
Request for Qualifications and Proposal 1100-2
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 proposal
for a public works project submitted on or after March 1, 2015 unless registered with the
Department of Industrial Relations. Furthermore, all proposers 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 proposers are hereby notified that this project is subject
to compliance monitoring and enforcement by the Department of Industrial Relations. The
successful proposer will be required to furnish a Performance Bond in the amount equal to One
Hundred (100%) of the Contract annual amount and a Payment bond in the amount equal to
Twenty-five percent (25 %) of the Contract annual amount.
Proposal forms received after the designated time will not be accepted. No proposer may withdraw
its proposal for a period of 180 (6180) days after the date set for the opening of proposals.
Proposals shall be submitted only in sealed envelopes.
Approved By: ________________________ Date:
Bryan McKinney, Public Works Director
April 2, 2024
Instruction to Proposers 1110-1
SECTION 1110
INSTRUCTIONS TO PROPOSERS
1.0 WORK TO BE DONE
It is the intention of the City to maintain the landscape lighting, irrigation electrical systems, and
electrical construct as identified in the specifications contained herein. 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
the perpetual bi-weekly maintenance of all lighting areas identified in Landscape and Lighting
Assessment District 89-1 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 proposer shall thoroughly examine and be familiar with the Contract documents contained in
the Project Manual, drawings and addenda, if any. The submission of a proposal shall constitute an
acknowledgment upon which the City may rely that the proposer has thoroughly examined and is
familiar with the Contract documents. The failure or neglect of a proposer 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
Proposers are required to inspect all sites 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 proposer
finds facts or conditions which appear to be in conflict with the letter or spirit of the request for
proposal (RFQ) documents, the Proposer may apply to the City, in writing, for additional information
and explanation before submitting its proposal.
Submission of a proposal by the proposer shall constitute acknowledgment that, if awarded the
Contract, it has relied and is relying on its own examination of the following:
(a) All sites of the work;
(b) Access to the sites; and
(c) 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 maintained
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 proposer to the extent such independent investigation of site
conditions is deemed necessary or desirable by the proposer.
4.0 INTERPRETATION OF CONTRACT DOCUMENTS
No oral representations or interpretations will be made to any proposer as to the meaning of the
Contract documents. Requests for an interpretation shall be made in writing and delivered at least
five (5) days prior to the proposal due date:
Instruction to Proposers 1110-2
Dianne Hansen, Maintenance & Operations Superintendent
City of La Quinta
Public Works Department
78495 Calle Tampico
La Quinta, CA 92253
dhansen@laquintaca.gov
Requests to clarify the source of materials, equipment, suppliers or any other such matter s which
does not modify, change, increase, or decrease the scope of work that requires no action by the
City other than a response to the proposer 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 proposals
at any time prior to the date and time established in the RFQ. Postponement notices shall be mailed
to plan holders of record in the form of addenda.
6.0 OPENING OF PROPOSALS
The selectin committee will rank the Contractors for contract negotiations based upon the materials
submitted. The Committee may choose to interview one or more closely related candidates.
The City of La Quinta will open contract negotiations with the top ranked proposer. The successful
Contractor will be expected to enter into the City’s standard Contract Services Agreement.
7.0 PREPARATION OF PROPOSAL FORMS
Proposals shall be made on the blank forms provided and must be submitted at the time and place
stated in the RFQ. All blanks in the proposal forms must be appropriately filled in and all prices must
be stated in figures. Work and cost proposals must be submitted in separate sealed envelopes. It is
the sole responsibility of the proposer to see that its submittal is received in proper time. Any
proposal received after the scheduled closing time for receipt of proposals will be returned to the
proposer unopened. City shall not be responsible for errors or omissions in the proposal.
8.0 PROPOSER’S SIGNATURE AND AUTHORITY
If the proposal 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 proposal 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 proposal is made by the corporation, a certified
copy of the bylaws or resolution of the Board of Directors of the corporation shall be furnished , upon
request of the City’s designee, showing the authority of the officer signing the proposal to execute
Contracts on behalf of the corporation. If the proposal is made by a joint venture, the proposal shall
be signed by a representative of one of the joint venture firms. Additionally, the proposal shall
include a copy of the resolution or contract empowering the representative to execute the proposal
and bind the joint venture.
9.0 ERASURES
The proposal 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 proposal.
Instruction to Proposers 1110-3
10.0 PROPOSAL IRREGULARITIES
Changes, additions, alternate proposals, or any other modifications of the proposal which is not
specifically called for in the Contract Documents may result in rejection of the proposal by the City,
as not being non-responsive to the RFQ. No oral or telephonic modification of any proposal
submitted will be considered.
11.0 MODIFICATION OF PROPOSAL
Modification of a proposal already received will be considered only if the modification is received
prior to the time established for receiving proposals. Modifications shall be made in writing,
executed, and submitted in the same form and manner as the original proposal.
12.0 WITHDRAWAL OF PROPOSALS
In accordance with Public Contract Code 5103, within five days after the opening of proposals, a
proposer may withdraw its proposal providing the proposer can establish to the City's satisfaction
that a mistake was made in preparing the proposal. A proposer desiring to withdraw shall give
written notice to the City, specifying, in detail, how the mistake occurred and how the mistake made
the proposal 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 RFQ process shall become a part of the documents furnished proposers
for the preparation of proposals, shall be covered in the proposals, and shall be made a part of the
Contract. Each proposal shall include specific acknowledgment in the space provided of receipt of
all Addenda issued during the proposal period. Failure to so acknowledge may result in the
proposal being rejected as non-responsive. Failure of any proposer to receive such Addenda shall
not be grounds for non-compliance with the terms of the instructions. Addenda will be posted on the
City’s website. The contractor is responsible to check the website for any additional Addenda.
14.0 PROPOSAL PRICES
Proposal prices shall include everything necessary for the completion of the work including but not
limited to; providing the materials, equipment, tools, and other materials, with the management,
superintendence, labor and services. Proposals 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 proposed. 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 proposal. If the sum of two or more items in a proposal 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 proposed.
15.0 QUALIFICATION OF PROPOSER
Each proposer shall complete and submit with their proposal Section 1220, CERTIFICATION OF
PROPOSER'S EXPERIENCE AND QUALIFICATIONS .
Upon the request of City, any proposer whose proposal is under consideration for the award of the
Contract shall promptly submit satisfactory evidence showing the proposer’s financial resources, its
construction experience, and its organization's availability for the performance of the Contract.
Instruction to Proposers 1110-4
The proposer 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.
16.0 PROPOSERS INTERESTED IN MORE THAN ONE PROPOSAL
No person, firm, or corporation, under the same or different name, shall make, file, or be interested
in more than one proposal for the same work unless alternate proposals are called for. The City
may reject the proposals of the known participants in such collusion. Pursuant to Public Contract
Code Section 7106, proposers shall execute and furnish with their proposals Section 1230, NON-
COLLUSION AFFIDAVIT.
17.0 OFFER OF ASSIGNMENT OF ANTITRUST ACTIONS
As provided by Sections 4551 and 4552 of the California Government Code, in submitting a
proposal to the City, the proposer offers and agrees that if the proposal 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 proposer for sale to the City pursuant to the
proposal. Such assignment shall be made and become effective at the time the City tenders final
payment to the proposer.
18.0 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.
19.0 REJECTION OF PROPOSALS
The City reserves the right to reject all proposals for any reason. The City further reserves the right
to reject any proposal: which is non-responsive, incomplete, obscure, or irregular; which omits a
proposal on any one or more of the required proposal items; which does not contain satisfactory
documentation of the proposer’s qualifications as required by Section 1110-16.0, QUALIFICATION
OF PROPOSER; which, in the City's opinion, the unit prices are unbalanced; which is accompanied
by insufficient or irregular proposal security; or, which is from a proposer 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.
20.0 CONTRACT AND BONDS
The successful proposer, simultaneously with the execution of the Contract, will be required to
furnish a Performance Bond in the amount equal to One Hundred (100%) percent of the contract
price and a Payment Bond on forms provided by the City in an amount e qual to Twenty-five percent
(25%) 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 proposer as Contractor will
be required to execute, and the forms of bonds as provided in Section 1320, which it will be
required to furnish, shall be carefully examined by the proposer.
Instruction to Proposers 1110-5
21.0 AWARD OF CONTRACT
Within sixty (60) days after the time of opening of the proposals, the City will act either to accept a
proposal, to reject all proposals or with the consent of the proposers and their sureties to extend the
time in which the City may act. The acceptance of a proposal will be evidenced by a notice of award
of Contract in writing, delivered in person or by certified mail to the proposer whose proposal is
accepted. No other act of City will constitute acceptance of a proposal. The award of Contract shall
obligate the proposer whose proposal 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.
22.0 EXECUTION OF CONTRACT
The Contract Agreement shall be executed by the successful proposer 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.
24.0 FAILURE TO ACCEPT CONTRACT
If the proposer to whom the award is made fails to enter into the contract, the award will be
annulled, an award may be made to the next qualified responsible proposer, and that proposer shall
fulfill every stipulation as if it were the party to whom the first award was made.
25.0 CONTRACT ASSIGNMENT
The proposer shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title
or interest, or its power to execute such a contract to any individual or business entity of any kind
without the previous written consent of the City Council of the City of La Quinta.
26.0 NON-DISCRIMINATION
In the performance of the terms of this contract, the proposer agrees that it will not engage in, or
permit such subcontractors as it may employ, to engage in discrimination in employment or persons
because of age, race, color, sex, national origin or ancestry, or religion of such persons.
27.0 LABOR ACTIONS
In the event that the successful proposer is experiencing a labor action at the time of the award of
the proposal (or if its suppliers or subcontractors are experiencing such a labor action), the City
reserves the right to declare said proposer is no longer the qualified responsible proposer and
accept the next acceptable qualified proposal from a proposer that is not experiencing a labor
action, and declare it to be the lowest responsible proposer.
28.0 BUSINESS LICENSE
All proposers shall be aware of the City's Business License Ordinance, which requires that a
Business License is obtained before any business, trade, profession, enterprise, establishment,
occupation, or calling is conducted within the City. A Business License is required when business is
conducted in the City even when the principal location of the business may be outside of the City or
a Business License is only evidence of the fact that the fee has been paid; it does not sanction or
approve any operation not otherwise permitted. Verification that the proposer has a valid City of La
Quinta Business License will be obtained by City prior to the execution of the purchase contract.
Instruction to Proposers 1110-6
29.0 DEFINITIONS
Whenever these words occur in this specification, they shall have the following meaning:
A. Specification: Proposal, Request for Proposals, General Information, General
Requirements, Specific Requirements, and any supplements, drawings, sketches,
and data sheets, attached or referenced, comprise the complete specification.
B. City: City of La Quinta.
C. Contractor: The party or parties executing a contract with the City of
La Quinta for the work specified herein.
D. Project or Work: All lighting, and irrigation electrical systems, maintenance work
specified, implied, or directed pursuant to these specifications.
E. As Directed: Where this word appears in the specification, it shall signify that the
item or items referred to are indicated on the drawing or exhibits which are a part of
this specification.
F. Approved, Approval: Satisfactory to the Public Works Maintenance & Operations
Superintendent.
G. Public Works Maintenance & Operations Superintendent: The person designated as
the project representative for administration of the contract. (Dianne Hansen,
Maintenance & Operations Superintendent (760) 777-7117).
H. Extra Work: Services, materials, or equipment furnished by the Contractor which is
over and above his contract provisions and which are reimbursed by the City.
I. Proposer: The party or parties competing for a contract with the City for the work
specified herein.
J. Contractor Control: Conditions or events that are reasonably within the Contractor's
ability to guide or manage.
K. City Representative: The person(s) designated by the City as the project
representative for administration of compliance of this specification by the
Contractor.
L. Daily: Monday, Tuesday, Wednesday, Thursday, Friday, and Saturday.
M. Holidays: Those holidays observed by the City.
30.0 DILIGENT PERFORMANCE OF WORK
If, in the opinion of the City representative or City Inspector, the labor furnished by the Contractor is
incompetent, unskilled, or unreliable, his equipment inadequate, improper, or unsafe, or if the
Contractor shall fail to continuously and diligently execute the work, the City shall, in writing, instruct
the Contractor to remove all such causes of complaint and the Contractor shall promptly comply.
31.0 DISCREPANCIES, OMISSIONS, AND CLARIFICATIONS
After executing the agreement, no consideration will be given to any claim or misunderstanding of
the documents or alleged unfamiliarity of the site conditions affecting the work. Should a proposer
discover discrepancies or omissions in the Specifications and/or should he be in doubt as to their
meaning, he shall at once notify the City who will issue a written clarification or supplementary
Instruction to Proposers 1110-7
information by an addendum. Request for clarification must be made to the City not later than five
(5) working days prior to the date of submission of proposals. Clarifications of a technical nature
should be made by telephone to:
Dianne Hansen, Maintenance & Operations Superintendent
(760) 777-7117
E-mail: dhansen@laquintaca.gov
32.0 SUPPORT INFORMATION/QUANTITIES
The support information or quantities such as square footage or acreage are prepared from the best
information available. The purpose is to assist the proposer and the City takes no responsibility for
complete accuracy.
33. WAGE RATES
Pursuant to Section 1770, et. seq., of the California Labor Code, the successful proposer 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.
Proposal 1200-1
SECTION 1200
CONTRACT DOCUMENTS
DATE:
The undersigned, as proposer, declares it has received and examined the Contract Document
entitled Landscape Lighting Maintenance Services for Landscape and Lighting Assessment
District 89-1, City Project No. 2023-29, and On-Call Electrical Maintenance Services 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 proposal:
SECTION TITLE
1200 Contract Documents
1205 Examination of Contract Documents
1210 Compliance Form
1220 Certification of Proposer’s Experience and Qualifications
1230 Non-Collusion Affidavit
1240 Proposed Subcontractors
1245 Base Proposal Items
1250 Notice to Contractor to Enter into Contract
We acknowledge that the following addenda have been received and have been examined as
part of the Contract Documents. Proposers must be on the Plan Holders List with PlanWell
Enterprise or Plan Manager Pro in order to receive addenda.
Addendum # Date Received Initials
Name of Proposer
Proposer Telephone Number Proposer Email Address
Proposal 1200-2
If our proposal 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 proposal 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 Proposer
Contractor's License No.
License Expiration Date
Signature of Proposer Witness
Title of Signatory Title of Witness
___________________________
Telephone Number E-mail Address
Address of Proposer
Company Name
State of Incorporation
SECTION 1205
EXAMINATION OF CONTRACT DOCUMENTS
Proposal to the City of La Quinta,
In compliance with the Advertisement for Proposals, the undersigned Contractor:
Has examined the contract documents, site of work, and being familiar with the conditions to be
met, hereby submits the following Proposal for furnishing the material, equipment, labor, and
everything necessary for the completion of the work listed and agrees to execute the contract
documents and furnish the required bonds and certificates of insurance for the completion of
said work, at the locations and for the prices set forth on the inside pages of this form.
Understands that services of this project shall be in accordance with all applicable specifications
in this document.
Unit prices in each and every case represent the true unit price used in preparing the proposal
schedule totals (Proposal Form). Unit prices listed herein include material, installation and
appurtenant work as is necessary to have the item complete and in place meeting the full intent of
the plans and specifications. We acknowledge that unbalanced unit prices shall be sufficient
cause for the rejection of our proposal.
Proposal items are for labor, equipment, and incidental materials as referenced in Section 3000.
All major components are to be provided by the City unless otherwise specified. See Appendix
for quantities.
Agrees that, upon receipt of a Notice of Award, from the City, the contractor will execute the
contract documents.
Work shall be completed within one (1) year (twelve [12] months), by June 30, 2025, beginning
on July 1, 2024, as specified in the Notice to Proceed.
The City may elect to exercise an extension to renew this contract for six (6) additional one-year
terms with a ninety (90) day notice, on a year-to-year basis, contingent upon satisfactory work of
the contractor.
Name of Proposer Date
SECTION 1210
COMPLIANCE FORM
AGREEMENT FOR CONTRACT SERVICES
LANDSCAPE AND LIGHTING DISTRICT 89-1, PROJECT NO. 2023-29
Read and initial one of the paragraphs below, then sign at the bottom.
_____I have read and understand the conditions of the Contract Services Agreement for the
Landscape and Lighting District 89-1. If I am selected to perform landscape lighting
maintenance services for the City, I am willing and able to comply with all contract documents.
_____ I have read and understand the conditions of the Contract Services Agreement for the
Landscape and Lighting District 89-1. but am not able commit to all of the conditions required.
Below are the portions I contest. Changing the described items would enable me to comply. (If
you need more space please attach more pages and fill in the number of sheets at the bottom of
the page. Any requested changes to the Contract Services Agreement must be approved by the
City Attorney.)
Print Name Signature Date
SECTION 1220
CERTIFICATION OF PROPOSER’S EXPERIENCE AND QUALIFICATIONS
The undersigned Proposer certifies that he is, 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. Proposer 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 Proposer represents that it is competent, knowledgeable, and has special skills on the
nature, extent, and inherent conditions of the work to be performed. Proposer further
acknowledges that there are certain peculiar and inherent conditions existent in the
maintenance of the particular facilities, which may create, during the landscape electrical
lighting maintenance contract, unusual or peculiar unsafe conditions hazardous to persons and
property. Proposer 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 work with respect to such hazards.
The Proposer shall list below three (3) contracts completed in the last seven (7) years of similar
size and complexity that indicate the Proposer’s experience as a Landscape Lighting
Maintenance Contractor. The projects must be similar in scope of work. Please indicate on
additional paper if a quality control program was implemented, and managed, as part of the
work efforts, and if written proof of the quality control program can be provided to the City of La
Quinta prior to the award of Proposal for this previous assignment.
A. Project Name:
Owner: _____
Contract Amount: $ ___ Contract Time: ____ Calendar Days
Owner's Representative: _______Phone No: _____
Duration of Contract: Years from to
Prevailing Wage: ___Yes No
B. Project Name:
Owner:
Contract Amount: $ ____ Contract Time: Calendar Days
Owner's Representative: ___ Telephone No:
_______ Duration of Contract: Years from to
Prevailing Wage: ___Yes No
C. Project Name:
Owner:
Contract Amount: $ ___ Contract Time: Calendar Days
Owner's Representative: ____ Telephone No:
Duration of Contract: Years from to
Prevailing Wage: ___Yes No
Signed this day of , 2019.
Name of Proposer Contractor's License No.
Address of Proposer License Expiration Date
DIR Number (Prevailing Wage)
Signature of Proposer Title of Signatory
SECTION 1230
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY POPOSER AND
SUBMITTED WITH PROPOSAL
State of California )
) ss.
County of )
, being first duly sworn, deposes and say that he or
she is of , the party
making the foregoing proposal that the proposal is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the
proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly
induced or solicited any other proposer to put in a false or sham proposal, and has not directly or
indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a
sham proposal, or that anyone shall refrain from proposing; that the proposer has not in any
manner, directly or indirectly sought by contract, agreement, communication, or conference with
anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead,
profit, or cost element of the proposal price, or of that of any other proposer, 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 proposal are true; and, further, that the proposer has
not, directly or indirectly, submitted his or her proposal 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, proposal depository, or to any
member or agent thereof to effectuate a collusive or sham proposal.
Signature
Name of Proposer
Title
Company Name
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 proposer 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 Proposal 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
Signature of Proposer
Name of Proposer
SECTION 1245
Base Proposal Items 1 - 69
Landscape Lighting Maintenance Services
Project No. 2023-29
Item No. Monthly Facility / Lighting Inspection Unit Price/Month Price/Annual
1 Acacia Median (Seeley Dr) LS
2 Acacia Perimeter (Miles Ave) LS
3 Adams Bridge LS
4 Adams St Median (Ave 48-Hwy 111) LS
5 Airport Blvd/Ave 56 (Madison to Monroe) LS
6 Auto Center Dr Median/Round-A-Bout LS
7 Ave 50 Median (Eisenhower Dr-Washington St) LS
8 Ave 50 Median (Evac Channel-Jefferson St.) LS
9 Ave 52/Sinaloa Median (Eisenhower to Desert Club) LS
10 Ave 52 Median (Washington to Jefferson) LS
11 Ave 54 Median (Jefferson St-Madison St) LS
12 Avenida Bermudas (Ave 52 to Main St.) LS
13 Avenida Bermudas Median(Montezuma to Tampico) LS
14 Avenida La Fonda (Avenida Bermudas-Desert Club) LS
15 Avenida Montezuma at Avenida Navarro LS
16 Avenida Montezuma/Bermudas City Parking Lot LS
17 Cactus Flower Entrances (Dune Palms Rd) LS
18 Cactus Flower Perimeter
(Fred Waring & Dune Palms Rd)
LS
19 Calle Estado Median
(Avenida Bermudas-Desert Club)
LS
20 Calle Tampico Median (Eisenhower Dr-Washington) LS
21 Civic Center Perimeter (Calle Tampico/Washington) LS
22 Del Rey L.Q. Norte Perimeter (Miles Ave) LS
23 Desert Club Dr (Ave 52 to Tampico) LS
24 Desert Club Manor/ Saguaro Park (Saguaro Rd) LS
25 Eisenhower Dr Median (Bermudas to Madrid) LS
26 Eisenhower Dr Median (Madrid to Colima) LS
27 Eisenhower Dr Median (Colima to Nogales) LS
28 Eisenhower Dr Median (Nogales- Tampico) LS
29 Eisenhower Dr Median (Tampico to Ave 50) LS
30 Eisenhower Dr. Median (Fernando to Coachella Dr LS
31 Eisenhower Dr. (Coachella Dr to Washington St) LS
32 Entrance Monument (Home Depot)
Hwy 111/Jefferson
LS
33 Entrance Monument (Hwy 111/Plaza La Quinta) LS
34 Fire Station - #93 (Adams St N or Miles Ave) LS
35 Fire Station #70 - P.G.A. West Perimeter
(Ave 54/Madison St)
LS
36 Fire Station 32 (Ave 52 @ Desert Club) LS
37 Village Electrical System (Estado/Bermudas) LS
Item No. Monthly Facility / Lighting Inspection Unit Price/Month Price/Annual
38 Village Electrical System (Estado/Desert Club) LS
39 Village Electrical System (La Fonda/Bermudas) LS
40 Village & Electrical System (La Fonda/Desert Club) LS
41 Fountain (Hwy111 @ Washington) LG’s LS
42 APP Dancing Fairies & Elect. Sys. (78495 Tampico)
City Hall
LS
43 Fred Waring Drive (Palm Royal Drive to Jefferson) LS
44 Hwy 111 Medians (West of Adams to Jefferson) LS
45 Jefferson St Median (Hwy 111-Ave 54) LS
46 Jefferson St Median (Hwy 111-Westward Ho) LS
47 Jefferson St Bridge LS
48 Library Parking Lot & Perimeter LS
49 L.Q. Del Oro Perimeter & Median (Via Sevilla) LS
50 L.Q. Del Oro Perimeter (Washington St) LS
51 L.Q. Highlands Perimeter & Median (Las Vistas Dr) LS
52 L.Q. Highlands Perimeter (Fred Waring Dr) LS
53 Maintenance Yard & Parking lot LS
54 Madison St. Median (Airport to Ave 58) LS
55 Madison St, Ave 54 to Ave 56 LS
56 Madison St, Ave 52 to Ave 54 LS
57 Marbella Perimeter (Miles Ave/Adams St) LS
58 Quinterra Perimeter (Miles Ave & Adams St.) LS
59 Rancho Ocotillo Perimeter (Adams St) LS
60 Rancho Ocotillo Perimeter (Fred Waring Dr) LS
61 Wellness Center Parking Facilities
(Avenida La Fonda/Calle Guatemala)
LS
62 Wellness Center Perimeter
(Avenida La Fonda/Calle Guatemala)
LS
63 Topaz Perimeter (Dune Palms Rd &Miles Ave) LS
64 Washington St Median (Ave 52 to Ave 50) LS
65 Washington St Median (Ave 50-Ave 48) LS
66 Washington St. Median (Ave 48 to Ave 47) LS
67 Washington St Median (Miles Ave to Fred Waring) LS
68 YMCA Parking Lot (Moon River) LS
Total Amount of Base Proposal Items
1 - 68
LS
TOTAL BASE Proposal
_________________________________________________________________ (IN WORDS)
($__________________________________)
Proposal amount of each of the above Proposal Items must be filled in and completed. It is
understood that the quantities shown hereon are but estimates and the proposer is responsible
to verify quantities prior to submitting a proposal. Final payment will be based upon actual work
performed, subject to such adjustments and alterations as elsewhere provided herein.
A. Initial Annual Contract Period will be for one year (12 months) or until June 30, 2025.
B. The City may elect to exercise an extension to renew this contract for six (6) additional one-
year terms with ninety (90)-day notice, on a year-to-year basis, contingent upon satisfactory work of the
Contractor.
C. The City may authorize a maximum increase per year to the above listed contract amount
based on the Local Consumer Price Index for Riverside, San Bernardino, and Ontario.
D. Authorized extra work and services may be requested in an annual amount to be determined
at the City’s discretion and approved by City Council for lighting/landscape restoration and/or additional
On-Call Electrical Maintenance services within the L&L, Parks, Buildings, and Facilities maintenance
areas.
___________________________________________________________
Signature of Proposer (Ink)
___________________________________________________________
Name of Proposer (Printed or Typed)
SECTION 1250 -
NOTICE TO CONTRACTOR TO ENTER INTO CONTRACT
TO:
(Name of Contractor)
YOU ARE HEREBY NOTIFIED that a Contract has been awarded to you by the City of
La Quinta (hereinafter referred to as “City”) for the landscape maintenance services designated
as:
CITYWIDE LANDSCAPE LIGHTING MAINTENANCE SERVICES
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1
PROJECT N0. 2023-29
(hereinafter referred to as the "Work") in the CITY OF LA QUINTA, STATE OF CALIFORNIA.
The Contract for said work is on file in the office of the City Clerk, and further, you are hereby
required within fifteen (15 days after this Notice to enter into a contract with said City for the
doing of said work and to furnish therewith a Performance Bond for One Hundred percent
(100%) of the contract price and Payment Bond, as required by law, in a sum of twenty-five
percent (25%) of the contract price.
DATED this day of , 2024.
Monika Radeva, CITY CLERK
CITY OF LA QUINTA
STATE OF CALIFORNIA
Contract 1300-1
SECTION 1300
CONTRACT
THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation,
herein referred to as "City,” and __________________________, herein referred to as,
"Contractor."
W I T N E S S E T H:
In consideration of their mutual covenants, the parties hereto agree as follows:
1. Contractor shall furnish all necessary labor, material, equipment, transportation, and
services to perform Landscape Lighting and Maintenance Services for Landscape and
Lighting Assessment District 89-1, Project No. 2023-29 and for On-Call Electrical
Maintenance Services within the L&L, Parks, Buildings, and Facilities maintenance areas in the
City of La Quinta, California pursuant to the Request for Qualifications and Proposal (RFP), the
project Specifications, and Contractor's Proposal, all of which documents shall be considered a
part hereof as though fully set herein.
Should any provisions of Contractor's Proposal be in conflict with the RFP,
Specifications, or this Contract, then the provisions of said Contract, Specifications, and RFP
shall be controlling in that order of precedence. The time frame for work shall be in accordance
with that specified in the RFP.
2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code
Regulations, which are, amended from time to time, incorporated herein by reference.
3. All work shall be done in a manner satisfactory to the Public Works Manager.
4. Contractor shall commence work on July 1, 2024 after the issuance of a written Notice to
Proceed.
5. In consideration of said work, City agrees to pay Contractor such sums as shall be
approved by Public Works Manager at monthly sums and/or unit prices stated in the
Contractor's Proposal, the base consideration ($__________,____.00). All payments shall be
subject to approval by the Public Works Manager 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 RFP, 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).
Pursuant to Section 1770, et. seq., of the California Labor Code, the successful proposer 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.
Contract 1300-2
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
proposal for a public works project submitted on or after March 1, 2015 unless registered with
the Department of Industrial Relations. Furthermore, all proposers 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 proposers 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 a Performance
Bond and a Payment Bond of a surety satisfactory to City, as provided in said Specifications or
Request for Proposal, 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
Contract 1300-3
from the use or occupation by Contractor on any other premises in the care, custody and
control of City.
The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City
including but not limited to damage to or loss of City property, to the extent not insured by City
and loss of City revenue from any source, caused by or arising out of the conditions, operations,
uses, occupations, acts, omissions or negligence referred to in Sub-subsections (1), (2), (3), (4)
and (5).
Contractor’s obligations under this Section apply regardless of whether or not such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil
fine or penalty, or liability was caused in part or contributed to by an Indemnified Party.
However, without affecting the rights of City under any provision of this Contract, Contractor
shall not be required to indemnify and hold harmless City for liability attributable to the active
negligence of City, provided such active negligence is determined by 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 of the Specifications. The
City will not be liable for any accident, loss, or damage to the work prior to its completion and
acceptance.
9. Contractor shall hold the County of Riverside, its officers, agents and employees free
and harmless from any liability whatsoever, including wrongful death, based or asserted upon
any act or omission of principal, its officers, agents, employees or sub-contractors relating to or
in any way connected with or arising from the accomplishment of the work, whether or not such
acts or omissions were in furtherance of the work requires by the Contract Documents and
agrees to defend at his expense, including attorney fees, City of La Quinta, County of Riverside,
Contract 1300-4
its officers, agents, employees and Independent Architect in any legal action based on any such
alleged acts or omissions.
10. 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 30
days unconditional 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.
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 submit a proposal 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. In accepting this Contract, Contractor certifies that no member or officer of the firm or
corporation is an officer or employee of the City except to the extent permitted by law.
16. Contractor certifies that it is the holder of any necessary California State Contractor's
License and authorized to undertake the above work.
17. The City, or its authorized auditors or representatives, shall have access to and the right
to audit and reproduce any of the Contractor records to the extent the City deems necessary to
Contract 1300-5
insure it is receiving all money to which it is entitled under the contract and/or is paying only the
amounts to which Contractor is properly entitled under the Contract or for other purposes
relating to the Contract.
18. The Contractor shall maintain and preserve all such records for a period of at least three
years after termination of the contract.
19. The Contractor shall maintain all such records in the City of La Quinta. If not, the
Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for
all reasonable and extra costs incurred in conducting the audit at a location other than at City
offices including, but not limited to, such additional (out of the City) expenses for personnel,
salaries, private auditors, travel, lodging, meals and overhead.
20. The further terms, conditions, and covenants of the Contract are set forth in the Contract
Documents, each of which is by this reference made a part hereof.
Contract 1300-6
IN WITNESS WHEREOF, the parties have executed this Contract as of the dates
stated below.
"CITY"
CITY OF LA QUINTA,
a California municipal corporation
Dated: By:
Jon McMillen, City Manager
ATTEST:
______________________________ Dated:
Monika Radeva, City Clerk
APPROVED AS TO FORM:
Dated:
City Attorney
"CONTRACTOR"
(If corporation, affix seal)
Dated: By:
Signature
Name: Title:
Address: __________________________________________________________________
Street Address City State Zip Code
E-mail:
Dated: By:
Signature
Name: Title:
Address: __________________________________________________________________
Street Address City State Zip Code
E-mail: Phone No:________________________
SECTION 1310
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of La Quinta (hereinafter referred to as “City”) has awarded to
__________________________________________, (hereinafter referred to as the “Contractor”)
_______________________ an agreement for ____________________________ (hereinafter
referred to as the “Contract”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in
the Contract Documents for the Project dated ________________, (hereinafter referred to as
“Contract Documents”), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms
thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, ________________________, the undersigned Contractor and
_____________________________________________ as Surety, a corporation organized and
duly authorized to transact business under the laws of the State of California, are held and firmly
bound unto the City in the sum of _________________________________________ DOLLARS,
($____________), said sum being not less than one hundred percent (100%) of the total amount
of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all
materials and workmanship; and shall indemnify and save harmless the City, its officers and
agents, as stipulated in said Contract Documents, then this obligation shall become null and void;
otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship,
Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder
shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s
rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but
not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the
Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or
shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the
Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the lowest
responsive and responsible bidder, arrange for a Contract between such bidder, the
Surety and the City, and make available as work progresses sufficient funds to pay the
cost of completion of the Project, less the balance of the contract price, including other
costs and damages for which Surety may be liable. The term “balance of the contract
price” as used in this paragraph shall mean the total amount payable to Contractor by
the City under the Contract and any modification thereto, less any amount previously
paid by the City to the Contractor and any other set offs pursuant to the Contract
Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California
and federal law and make available as work progresses sufficient funds to pay the cost
of completion of the Project, less the balance of the contract price, including other costs
and damages for which Surety may be liable. The term “balance of the contract price”
as used in this paragraph shall mean the total amount payable to Contractor by the City
under the Contract and any modification thereto, less any amount previously paid by
the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which
may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid
from Contractor for completion of the Project if the City, when declaring the Contractor in default,
notifies Surety of the City’s objection to Contractor’s further participation in the completion of the
Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract Documents or to the Project to be
performed thereunder 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
Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845
of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 2024).
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of
corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium
charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 2024, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-
Attorney to local representatives of the bonding company must also be attached.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 2024, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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 , 2024, awarded to
hereinafter designated as the Principal, a Contract for Project No. 2023-29, Landscape
Lighting Maintenance Services.
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
, 2024 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
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).
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
1340-2
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.
2.0 INSURANCE REQUIREMENTS
2.1 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)
$3,000,000 (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
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
1340-3
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.
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.
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.
2.2 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.
1340-4
2.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting
Party. Contracting Party and City agree to the following with respect to insurance provided by
Contracting Party:
1. Contracting Party agrees to have its insurer endorse the third-party general
liability coverage required herein to include as additional insureds City, its officials, employees,
and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992.
Contracting Party also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of
subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City
regardless of the applicability of any insurance proceeds, and to require all contractors and
subcontractors to do likewise.
3. All insurance coverage and limits provided by Contracting Party and available
or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing
contained in this Agreement or any other agreement relating to City or its operations limits the
application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been first
submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to
eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an
employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises. Contracting Party shall not make
any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of
discovery period) that may affect City’s protection without City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all of the coverages required and an additional insured
endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to
the execution of this Agreement. In the event such proof of any insurance is not delivered as
required, or in the event such insurance is canceled at any time and no replacement coverage is
provided, City has the right, but not the duty, to obtain any insurance it deems necessary to
protect its interests under this or any other agreement and to pay the premium. Any premium
so paid by City shall be charged to and promptly paid by Contracting Party or deducted from
sums due Contracting Party, at City option.
8. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Contracting Party or any subcontractor, is intended to
apply first and on a primary, non-contributing basis in relation to any other insurance or self-
insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any other party
involved with the project that is brought onto or involved in the project by Contracting Party,
provide the same minimum insurance coverage required of Contracting Party. Contracting Party
agrees to monitor and review all such coverage and assumes all responsibility for ensuring that
such coverage is provided in conformity with the requirements of this section. Contracting Party
1340-5
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.
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.
1340-6
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.
3.0 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
78495 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 Public Works Maintenance & Operations Superintendent 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 Proposers
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
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.
General Conditions 1400-2
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 proposal or proposals, 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 proposals 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 effectiv e at the time the City tenders final payment to
the Contractor, without further acknowledgment by the parties.
1.7 Rights and Remedies
The duties and obligations imposed by the Contract Documents and the rights and remedies
available thereunder shall be in addition to, and not a limitation of, any duties, obligations, rights,
and remedies otherwise imposed or available by law.
No action or failure to act by the City and its representatives or the consultants, shall constitute a
waiver of any right or duty afforded any of them under the Contract, nor shall any such action or
failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be
specifically agreed in writing.
1.8 Definitions
Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated,
applicable, appropriate, sufficient, proper, desirable, necessary, prescribed, approved, acceptable,
satisfactory or words of like import, refer to actions, expressions, and prerogatives of the City, the
City Engineer.
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.
General Conditions 1400-3
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 proposal which modify or interpret the
Contract Documents, drawings, and specifications, by additions, deletions, clarifications, or
corrections.
Proposal - The offer or proposal of the Proposer submitted on the prescribed form setting forth the
price for the work to be performed.
Bond(s) -Performance, or Payment Bonds and other instruments of surety, furnished by the
Contractor and Contractor's surety in accordance with the Contract Documents.
Proposer - Any properly licensed and qualified individual, firm, partnership, corporation, joint
venture, or combination thereof, submitting a proposal for the work contemplated, acting directly or
through a duly authorized representative.
Calendar Day - Any day including legal holidays, Saturdays and Sundays.
City - The City of La Quinta, a Municipal Corporation in the State of California.
City 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 an 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 services 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:
Request for Qualifications/Proposal
Instructions to Proposers
Contract Documents
Designation of Subcontractors
Contract
Acknowledgments
Performance Bond
Payment Bond
General Conditions
Supplementary General Conditions
General Project Requirements
Specific Project Requirements
General Conditions 1400-4
Standard Specifications
State Standard Specifications
Addenda, if any
Executed Change Orders, if any Notice of Award
Notice to Proceed
Permits from other agencies
Each of these items is to be considered by reference as part of the Contract Documents, also
referred to as Contract.
Contract Price - The amount payable to the Contractor under the terms and conditions of the
Contract based on the price given on the proposal schedule, with adjustments made in accordance
with the Contract. The base amount given in the proposal schedule shall be either a proposed lump
sum or the summation of the unit price proposals multiplied by the estimated quantities set forth in
the proposal form. Also referred to as Contract Amount or Contract Sum.
Contract Time – One fiscal year with options for extensions .
Contract Completion Date – June 30, 2025.
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 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 Public Works Maintenance & Operations Superintendent by which the
Contractor is ordered to perform or refrain from performing work under the Contract.
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.
Herein - Refers to information presented in the Project Specifications.
Holidays - Legal holidays designated by the City or specifically identified in the Contract.
Install - Placing, erecting, or constructing any item, equipment, or material.
Liquidated Damages - A fixed amount to be paid to the City or to be deducted from any payments
due, or to become due, to the Contractor as a result of the Contractor not completing the work in the
time allowed in the specifications.
Notice of Award - A written notice by the City to the Contractor informing him that the Contract has
been awarded to him.
General Conditions 1400-5
Notice to Proceed - The written notice by the City to the Contractor authorizing him to proceed with
the Work and establishing the date of commencement of the Work.
Paragraph - For references or citation purposes, refers to the paragraph(s) in these Specifications,
called out by paragraph number and alphanumeric designator.
Person - Includes firms, companies, corporations, partnerships, and joint ventures.
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
submitting a proposal.
Provide - Furnish and install, complete in place.
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.
Site - The property as described where work is performed.
Specific Project Requirements - Part of the Contract Documents establishing specific conditions
or requirements peculiar to the work.
Specifications - That part of the Contract Documents consisting of the General Conditions,
Supplementary General Conditions, General Project Requirements, Specific Project Requirements,
applicable portions of the Standard Specifications and State Standard Specifications, and Technical
Specifications.
Specify - Refers to information described, shown, noted or presented in any manner in any part of
the Contract.
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 Maintenance & Operations
Superintendent in accordance with the Project Specifications.
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 1400-6
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 on which the Contractor may proceed with regular
work on the current controlling operation as determined by the Public Works Maintenance &
Operations Superintendent toward the meeting of contract requirements.
2.0 ADMINISTRATION
2.1 Administration of the Contract
The Public Works Maintenance & Operations Superintendent will provide administration of the
Contract as hereinafter discussed. The duties, responsibilities and limitations of authority of City
retained consultants and the Public Works Maintenance & Operations Superintendent during the
contract, as set forth in the Contract Documents, will not be modified or extended without written
consent of the City.
2.2 Public Works Maintenance & Operations Superintendent
2.2.1 General - The Public Works Maintenance & Operations Superintendent 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 Public Works Maintenance & Operations Superintendent has
the authority to accept or reject change orders and cost proposals submitted by the
Contractor or as recommended by the Public Works Maintenance & Operations
Superintendent within signing authority.
2.2.3 Progress Payments - The Public Works Maintenance & Operations Superintendent
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 Public Works Maintenance & Operations
Superintendent in accordance with the provisions of the Contract.
2.2.5 Acceptability of Work - The Public Works Maintenance & Operations
Superintendent has the authority to make the final determination of the acceptability of the
Work.
2.2.6 Contract Schedule - The Public Works Maintenance & Operations Superintendent
has the authority to review and recommend acceptance of the progress schedule submitted
by the Contractor at the start of the Work and subsequent significant revisions for
conformance to the specified sequence of work and logic.
2.2.7 Inspection - The Public Works Maintenance & Operations Superintendent 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 Public Works
Maintenance & Operations Superintendent shall not be responsible for means, methods,
techniques, sequences, or procedures, or for safety precautions and programs in
connection with the Work.
General Conditions 1400-7
In accordance with the provisions detailed elsewhere in these General Conditions, the Public Works
Maintenance & Operations Superintendent will make decisions relative to all matters of
interpretation or execution of the Contract Documents.
2.3 Consultants Assigned by City
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 Public Works Maintenance & Operations Superintendent, 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 Public Works Maintenance & Operations Superintendent. The representative
will normally be at the Site of the Work. During the representative's absences, the Contractor may
contact the Public Works Maintenance & Operations Superintendent or a previously designated
representative.
3.3 Inspection
The City’s Public Works Maintenance & Operations Superintendent will observe the Work and act in
matters of inspection under this Contract. The Public Works Maintenance & Operations
Superintendent will call the attention of the Contractor to any failure of the Work or materials to
conform to the Contract Documents. The Public Works Maintenance & Operations Superintendent
shall have the authority to reject material or, in any emergency, suspend the Work.
Separate and independent from the inspection above, the project may be inspected by code
compliance. Such inspectors shall have the authority provided to them by local jurisdiction.
3.4 City's Right to Carry Out the Work
If the Contractor defaults or neglects to carry out the Work in accordance with the Contract
Documents, and fails within seven (7) days after receipt of written notice from the City to commence
and continue correction of such default or neglect with diligence and promptness, the City may,
after seven (7) days following receipt by the Contractor of an additional written notice and without
prejudice to any other remedy make good such deficiencies.
The City also reserves the right to perform any portion of the work due to an emergency threatening
the safety of the Work, public, City, and any property or equipment.
3.5 City's Right to Perform Work and to Award Separate Contracts
The City reserves the right to perform the work related to the Project with the City's own forces, and
to award separate Contracts in connection with other portions of the Project or other work on the
Site under these or similar Conditions of the Contract. If the Contractor claims that delay, damage,
or additional cost is involved because of such action by the City, the Contractor shall make such
claim as provided elsewhere in the Contract Documents.
General Conditions 1400-8
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 Proposal is hereby designated as the legal address of the
Contractor for the receipt of documents, samples, notices, letters, and other Articles of
communication.
4.2 Contractor's Representative
The Contractor shall notify the City in writing of the name of the person who will act as the
Contractor's representative and shall have the authority to act in matters relating to this Con tract.
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 Public Works Maintenance & Operations Superintendent
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 Project 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
Maintenance & Operations Superintendent 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 Public Works Maintenance & Operations Superintendent,
and such person shall not again be employed on the Project.
General Conditions 1400-9
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
Public Works Maintenance & Operations Superintendent , 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 Public Works Maintenance & Operations Superintendent that the subcontractor is
properly licensed for the work it will perform. Changes to subcontractors listed in the Proposal 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.
4.8 City-Contractor Coordination
4.8.1 Service of Notice - Notice, order, direction, request, or other communication given
by the City or the Public Works Maintenance & Operations Superintendent 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 Proposal.
4.8.2 Suggestions to Contractor - Plans or methods of work suggested by the City,
Public Works Maintenance & Operations Superintendent 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,
Public Works Maintenance & Operations Superintendent , 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 Public Works Maintenance &
Operations Superintendent and separate Contractors reasonable opportunity for the
General Conditions 1400-10
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 Public Works Maintenance & Operations Superintendent 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 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 start up of any
equipment or facility for this Contract. Where operating permits are required, the Contractor shall
apply for and obtain such operating permits in the name of the City and provide the permit in an
appropriate frame or fileholder when the City accepts substantial completion of the equipment or
facility. The Contractor shall give all notices necessary or incidental to the due and lawful
prosecution of the work.
Any permits, bonds, licenses and fees therefore required for the performance of work under this
Contract and not specifically mentioned herein as having been obtained and paid by the City shall
be included in the Contractor's proposal price.
4.10 Contractor's Responsibility for the Work and Materials
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 there of 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 and shall bear the expense thereof, except for such injuries,
losses, or damages as are directly and approximately caused by acts of the City.
General Conditions 1400-11
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, the Contractor shall immediately report the same
to the Public Works Maintenance & Operations Superintendent in writing.
4.11.1 Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has
ascertained and does hereby specify that the prevailing wage rates shall be those provided
in Article 1110-20.0, WAGE RATES. The said rates shall include all employer payments
that are required by Section 1773.1 of the Labor Code. The City will furnish to the
Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the
Contractor to post a copy of such prevailing wages at the job site.
For each worker paid less than the stipulated rate in the execution of the Contract by the
Contractor, or any subcontractor under him, in violation of the provisions of the Labor Code,
and in particular, Section 1770 to Section 1780, inclusive, the Contractor shall be subject to
the provisions and penalties of Section 1775 of the Labor Code. In addition to said penalty,
and pursuant to said Section 1775, the difference between such stipulated prevailing wage
rates and the amounts paid to each worker for each calendar day, or portion thereof, for
which each worker was paid less than the stipulated prevailing rate shall be paid to each
worker by the Contractor.
The wage rates set forth are the minimum that may be paid by the Contractor. Nothing
herein contained shall be construed as preventing the Contractor from paying more than the
minimum set forth.
No extra compensation whatever shall be allowed by the City due to the inability of the
Contractor to hire labor at the minimum rate nor for any necessity for payment by the
Contractor for subsistence, travel time, overtime, or other added compensation, all of which
possibilities are elements to be considered and ascertained to the Contractor's own
satisfaction in preparing the proposal.
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.
4.11.2 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.
General Conditions 1400-12
The payroll records shall be certified and shall be available for inspection at all reasonable
hours at the principal office of the Contractor on the following basis:
a. A certified copy of an employee's payroll record shall be made available for
inspection or furnished to the employee or his or her authorized representative on
request.
b. A certified copy of all payroll records shall be made available for inspection
or furnished upon request to a representative of the City, the Division of Labor
Standards Enforcement, and the Division of Apprenticeship Standards of the
Department of Industrial Relations.
c. A certified copy of all payroll records shall be made available upon request
by the public in accordance with Section 1776 of the Labor Code.
The Contractor is responsible for its and its subcontractor’s compliance with the provisions
of Section 1776 of the Labor Code.
4.11.3 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.
4.11.4 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.
4.11.5 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 1400-13
4.12 Safety
The Contractor shall be solely and completely responsible for conditions of the project 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 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. 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 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.
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 Public Works Maintenance & Operations Superintendent 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 Public Works Maintenance & Operations Superintendent, 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, nor the
Public Works Maintenance & Operations Superintendent 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, nor the Public Works Maintenance &
Operations Superintendent will be responsible for or have control or charge over the acts or
General Conditions 1400-14
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 Public Works Maintenance & Operations
Superintendent, nor any order, measurement, approved modification, or payment of monies, nor
acceptance of any part or whole of the Work by the City, the Public Works Maintenance &
Operations Superintendent or the consultant, or their agents, shall operate as a waiver of any
provision of the Contract.
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 proposal price 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 Public Works Maintenance & Operations Superintendent.
Any work done beyond the limits of work, or established by the Public Works Maintenance &
Operations Superintendent, 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 Public Works Maintenance
& Operations Superintendent made under the provisions of this section, the Public Works
Maintenance & Operations Superintendent shall have authority to cause defective work to be
remedied, or removed and replaced, and unauthorized work to be removed, and to deduct the costs
thereof from any monies due or to become due the Contractor. The time, cost and compliance
requirements stipulated in Paragraph 1400 -3.4, City's Right to Carry Out the Work, shall apply for
this paragraph also.
5.4 Unnoticed Defects
Any defective work or material that may be discovered by the City, its consultants, or the Public
Works Maintenance & Operations Superintendent during the contract 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 Public Works Maintenance & Operations
Superintendent to condemn or reject bad or inferior work or materials shall not be construed to
imply acceptance of such work or materials.
General Conditions 1400-15
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 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
Each day (Monday-Sunday) the contractor will have specific duties to be completed for the week. It
is expressly understood and agreed by and between the Contractor and the City that the Contract
time for 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 Public Works Maintenance & Operations Superintendent in writing of the
probability of the occurrence and the estimated extent of the delay, and its cause. The
Contractor shall take immediate steps to prevent, if possible the occurrence or continuance
of the delay. The Contractor agrees that no claim shall be made for delays which are not
called to the attention of the Public Works Maintenance & Operations Superintendent 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 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 sup pliers. Delays in 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
General Conditions 1400-16
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 Public Works
Maintenance & Operations Superintendent by the Contractor, shortages of material will be
acceptable as grounds for granting extensions. In order that such proof may be satisfactory
and acceptable to the Public Works Maintenance & Operations Superintendent, 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 Public Works Maintenance &
Operations Superintendent that such material could have been obtained only at exorbitant
prices entirely out of line with current rates, taking into account the quantities involved and
usual practices in obtaining such quantities. A time extension for shortage of material will
not be considered for material ordered or delivered late or whose availability is affected by
virtue of the mishandling of procurement. The above provisions apply equally to equipment
to be installed in the work.
6.4 Temporary Suspension of Work
6.4.1 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 Public
Works Maintenance & Operations Superintendent 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. 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 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 Public
Works Maintenance & Operations Superintendent , within the time specified in such notice, the City
shall have the authority to terminate the operation of the Contract with a ten-day written notice per
Section2000, 9.0, Termination .
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
General Conditions 1400-17
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 , Amendments and Extra Work
7.1.1 Without invalidating the Contract and without notice to sureties or insurers, the City,
through the Public Works Maintenance & Operations Superintendent , may at any time or
from time to time, order additions, deletions, or revisions in the Wo rk; these will be
authorized by Change Order. The Contractor shall comply promptly with the requi rements
for all Change Orders. The work involved in Change Orders shall be executed under the
applicable conditions and requirements of the Contract Documents . A Contract Change
Order may increase or decrease in the Contract Amount or an extension or shortening of
the Contract Time.
7.1.2 Extra work shall be that work not shown or detailed in the Contract . Such work shall
be governed by all applicable provisions of the Contract Documents. In giving instructions,
the Public Works Maintenance & Operations Superintendent 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
Public Works Maintenance & Operations Superintendent, and no claim for an addition to the
total amount of the Contract shall be valid unless so ordered.
A. Extra work may include landscape restorations in City maintenance areas within the Lighting
& Landscape Assessment District 89 -1 and may include modifications to the existing
landscape lighting system, Extra work is to be completed with additional staff other than
assigned maintenance staff. The Contractor shall not perform, nor be compensated for extra
work without written authorization. The City may choose to utilize the contractor as select
source for extra work, or may choose to utilize other sources for extra work.
B. The City may choose to utilize the contractor for any other on -call maintenance
services within the scope of their expertise, this may include service areas located in the
Lighting & Landscape Assessment District 89 -1, Parks, Buildings, and Facilities, and for
services such as storm damage repair throughout the City on request.
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
General Conditions 1400-18
accordingly. If the Contractor does not agree that the adjustment is equitable, it may submit
a claim in accordance with Paragraph 1400 -7.3.2, Claims.
7.2 Differing Site Conditions
7.3 Resolution of Disputes
7.3.1 Contract Interpretation by the Public Works Maintenance & Operations
Superintendent- Questions regarding the meaning and intent of the Contract Documents
shall be referred in writing by the Contractor to the Public Works Maintenance & Operations
Superintendent. The Public Works Maintenance & Operations Superintendent shall respond
to the Contractor in writing with a decision.
7.3.2 Claims - Submission of a claim, properly certified, with all required supporting
documentation, and written rejection or denial of all or part of the claim by the City, is a
condition precedent to any action, proceeding, litigation, suit or demand for arbitration by the
Contractor.
7.3.2.1 Notice - If the Contractor disagrees with the Public Works Maintenance &
Operations Superintendent’s decision in Paragraph 1400-7.3.1, Contract Interpretation by
the Public Works Maintenance & Operations Superintendent, or in any case where the
Contractor deems additional compensation for work or materials not covered in the Contract
or which the Public Works Maintenance & Operations Superintendent has not recognized as
extra work, the Contractor shall notify the Public Works Maintenance & Operations
Superintendent, in writing, of his intention to make claim. Claims pertaining to decisions
provided in Paragraph 1400-7.3.1 shall be filed in writing to the Public Works Maintenance &
Operations Superintendent within five (5) days of receipt of such decision. All other claims
notices for extra work shall be filed in writing to the Public Works Maintenance & Operations
Superintendent 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 will be considered unless the provisions of Paragraphs 1400 -6.3, Delays,
and 6.4, Time Extensions, are complied with. No claim filed after the date of final payment
will be considered.
It is agreed that unless notice is properly given, the Contractor shall not recover costs
incurred by him as a result of the alleged extra work, changed work or other situation which
had proper notice been given would have given rise to a right for additional compensation.
The Contractor should understand that timely notice of potential claim is of great importance
to the City, and is not merely a formality. Such notice allows the City to consider
preventative action, to monitor the Contractor's increased costs resulting from the situation,
to marshall facts, and to plan its affairs. Such notice by the Contractor, and the fact that the
Public Works Maintenance & Operations Superintendent has kept account of the cost as
aforesaid, shall not in any way be construed as proving the validity of the claim.
7.3.2.2 Submission of claim costs - Within 30 days after the last cost of work for which the
Contractor contends additional compensation is due, but if costs are incurred over a span of
more than 30 days, then within 15 days after the thirtieth day and every month thereafter,
the Contractor shall submit to the Public Works Maintenance & Operations Superintendent
the costs incurred for the claimed matter. Claims shall be made in itemized detail
satisfactory to the Public Works Maintenance & Operations Superintendent 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 .
General Conditions 1400-19
7.3.2.3 Affidavit required - All claims submitted to the City shall be accompanied with a
type written affidavit containing the following language; it must be signed, dated, and
notarized on the Contractor's letterhead:
I, (must be an officer) , being the (title) of (contractor's name) , declare
under penalty of perjury under the laws of the state of California, and do
personally certify and attest that: I have thoroughly reviewed the attached claim
for additional compensation and/or extension of time, and know its contents,
and said claim is made in good faith; the supporting data is truthful and
accurate; the amount requested accurately reflects the contract adjustment for
which the contractor believes the City of La Quinta is liable; and further, that I
am familiar with California Penal Code Section 72 and California Government
Code Section 12560, Et Seq, pertaining to false claims, and further know and
understand that submission or certification of a false claim may lead to fines,
imprisonment and/or other severe legal consequences.
7.3.2.4 Claim meetings - From time to time the Public Works Maintenance & Operations
Superintendent 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 Public Works Maintenance & Operations Superintendent.
7.3.3 Resolution of Claims - For all contracts awarded during the effective dates of
Public Contract Code Section 20104, where claims cannot be resolved between the parties,
claims for three hundred and seventy-five thousand dollars ($375,000) or less shall be
resolved pursuant to the provisions of that code section, which is summarized in Paragraphs
1400-7.3.3.1 to 1400 -7.3.3.5. For claims greater than three hundred and seventy-five
thousand dollars ($375,000) Paragraphs 1400 -7.3.3.2 to 1400-7.3.3.4 are applicable;
however, Paragraph 1400-7.3.3.5, Civil Actions for claims less than $375,000, is not
applicable.
7.3.3.1 Claims Less Than $50,000
a. For claims of less than fifty thousand dollars ($50,000), the Maintenance &
Operations Superintendent shall respond in writing to written claims within 45 days
of receipt of the claim in Paragraph 1400 -7.3.2, Claims, or may request, in writing,
within 30 days of receipt of the claim, any additional documentation supporting the
claim or relating to defenses or claims the City may have against the Contractor.
b. If additional information is thereafter required, it shall be requested and
provided pursuant to this section, upon mutual agreement of the City and the
Contractor.
c. The Public Works Maintenance & Operations Superintendent’s written
response to the claim, as further documented, shall be submitted to the Contractor
within 15 days after receipt of the further documentation or within a period of time no
greater than that taken by the Contractor in producing the additional information,
whichever is greater.
7.3.3.2 Claims Greater Than $50,000
a. For claims of over fifty thousand dollars ($50,000), the Public Works
Maintenance & Operations Superintendent shall respond in writing to all written
General Conditions 1400-20
claims within 60 days of receipt of the claim in Paragraph 1400 -7.3.2, Claims, or
may request, in writing, within 30 days of receipt of the claim, any additional
documentation supporting the claim or relating to defenses or claims the City may
have against the Contractor.
b. If additional information is thereafter required, it shall be requested and
provided pursuant to this paragraph, upon mutual agreement of the City and the
Contractor.
c. The Public Works Maintenance & Operations Superintendent’s written
response to the claim, as further documented, shall be submitted to the Contractor
within 30 days after receipt of the further documentation, or within a period of time
no greater than that taken by the Contractor in producing the additional information
or requested documentation, whichever is greater.
7.3.3.3 Claim Conference - If the Contractor disputes the Public Works Maintenance &
Operations Superintendent’s written response, or if the Public Works Maintenance &
Operations Superintendent fails to respond within the time prescribed, the Contractor may
so notify the City, in writing, either within 15 days of receipt of the Public Works
Maintenance & Operations Superintendent’s response or within 15 days of the Public Works
Maintenance & Operations Superintendent’s failure to respond within the time prescribed,
respectively, and demand an informal conference to meet and confer for settlement of the
issues in dispute. Upon a demand, the City shall schedule a meet and conference within 30
days for settlement of the dispute.
7.3.3.4 Claim Filing - If the claim or any portion remains in dispute after the claim
conference noted in Paragraph 1400-7.3.3.4, Claim Conference, the Contractor may file a
claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing
with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes
of those provisions, the running of the period of time within which a claim must be filed shall
be tolled from the time the Contractor submits his or her written claim pursuant to Paragraph
1400-7.3.2, Claims, until the time the claim is denied, including any period of time utilized in
the meet and confer process.
7.3.3.5 Civil Actions For Claims Less Than $375,000 - The following procedures are
established for all civil actions filed to resolve claims for less than three hundred seventy five
thousand dollars ($375,000):
a. Within 60 days, but no earlier than 30 days, following the filing or responsive
pleading, the court shall submit the matter to non -binding mediation unless waived
by mutual stipulation of both parties. The mediation process shall provide for the
selection within 15 days by both parties of a disinterested third person as mediator,
shall be commenced within 30 days of the submittal, and shall be concluded within
15 days from the commencement of the mediation unless a time requirement is
extended upon a good cause showing to the court.
b. If the matter remains in dispute, the case shall be submitted to judicial
arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of
Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that Code.
The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of
Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any
proceeding brought under this subdivision consistent with the rules pertaining to
judicial arbitration.
General Conditions 1400-21
c. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of
Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be
experienced in construction law, and (B) any party appealing an arbitration award
who does not obtain a more favorable judgement shall, in addition to payment of
costs and fees under the chapter, also pay the attorney's fees on appeal of the other
party.
7.3.3.6 Unresolved Issues - Unless this Contract provides otherwise, all claims,
counterclaims, disputes, and other matters in question between the City and the Contractor
that are not resolved between the City and the Contractor and are not governed by Public
Contract Code 20104 shall be decided by a court of competent jurisdiction. Arbitration shall
not be used for resolution of these disputes.
Should either party to this Contract bring legal action against the other, the case shall be
handled in the California county where the work is being performed.
7.3.4 Records of Disputed Work - In proceeding with a disputed portion of the Work, the
Contractor shall keep accurate records of its costs and shall make available, to the City
Engineer, a daily summary of the hours and classification of equipment and labor utilized on
the disputed work, as well as a summary of any materials or any specialized services which
are used. Such information shall be submitted to the Public Works Maintenance &
Operations Superintendent 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 Public Works Maintenance & Operations Superintendent 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 Public Works Maintenance &
Operations Superintendent :
a. By unit prices subsequently fixed by agreement between the parties;
b. By an acceptable lump sum proposal from the Contractor; or
c. By Force Account (as described in Paragraph 1400 -8.3, Force Account Payment),
when directed in writing and administered by the City through its agents.
When required by the Public Works Maintenance & Operations Superintendent, the Contractor shall
submit, in the form prescribed by the Public Works Maintenance & Operations Superintendent, an
itemized breakdown with supporting data of the quantities and prices used in computing the value of
any change that may be ordered.
The Public Works Maintenance & Operations Superintendent will review the Contractor's proposal
for the change and negotiate an equitable adjustment with the Contractor. After there is an
agreement the Public Works Maintenance & Operations Superintendent 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.
General Conditions 1400-22
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 Public Works Maintenance & Operations
Superintendent. 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 Public Works
Maintenance & Operations Superintendent; 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 Public Works
Maintenance & Operations Superintendent 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 superintend ents, his office staff
and office facilities, or anyone not directly employed on such work, nor the cost of rental of small
tools as all such indirect costs form a part of the Contractor's overhead expense.
Under the method described in Paragraph 1400 -8.1b and 8.1c the maximum percentage which will
be allowed for the Contractor's combined overhead and profit will be:
a. For work by its own organization, the Contractor may add the following percentages:
• Direct Labor 25 percent
• Materials 15 percent
• Equipment (owned or rented) 15 percent
b. For all such work done by subcontractors, such subcontractor may add the same
percentages as the Contractor as listed in (1) above to its actual net increase in costs for
combined overhead and profit and the Contractor may add up to ten (10) percent of the
subcontractor's total for its combined overhead and profit.
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.
General Conditions 1400-23
When both additions and credits are involved in any one change, the combined overhead and profit
shall be figured on the basis of the net increase, if any, for each area of work, i.e. direct labor,
materials, equipment, and subcontractors. The amount of credit to be allowed by the Contractor to
the City for any such change which results in a net decrease in cost will be the amount of the actual
net decrease and a credit in accordance with the markups allowed under the use of the method
described in Paragraph 1400-8.3, Force Account Payment. The Contractor shall not claim for
anticipated profits on work that may be omitted.
8.3 Force Account Payment
If either the amount of work or payment for a Change Order cannot be determined or agreed upon
beforehand, the City may direct by writ ten Change 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 1400-24
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 Public Works
Maintenance & Operations Superintendent .
Prior to the commencement of force account work, the Contractor shall notify Public Works
Maintenance & Operations Superintendent 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 Public Works Maintenance & Operations Superintendent to the Contractor.
The reports, if found to be correct, shall be signed by both the Contractor and Public Works
Maintenance & Operations Superintendent and a copy of which shall be furnished to the Public
Works Maintenance & Operations Superintendent 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 Public Works Maintenance & Operations Superintendent, 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. 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 Public Works Maintenance & Operations Superintendent after the thirty (30)
day period has expired.
The force account invoice shall itemize the materials used and shall cover the direct costs of labor
and the charges for equipment rental, whether furnished by the Contractor, subcontractor, or other
forces. The invoice shall be in a form acceptable to the Public Works Maintenance & Operations
Superintendent 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
General Conditions 1400-25
use of the method described in this Paragraph. The Contractor shall not claim for anticipated profits
on work that may be omitted.
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 . 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 proposed price for
doing the work, and the Contractor and its sureties shall defend, protect, and hold the City,
its consultants, the Public Works Maintenance & Operations Superintendent , 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 the Contract have been paid in full.
The Contractor shall certify in the affidavit that no other fees or claims exist for work in this
project.
9.1.3 Payment of Taxes - The Contractor shall pay and shall assume exclusive liability for
all taxes levied or assessed on or in connection with the Contractor's performance of this
Contract, including, but not limited to, State and local sales and use taxes, Federal and
State payroll taxes or assessments, and excise taxes, and no separate allowance will be
made therefor, and all costs in connection therewith shall be included in the total amount of
the Contract price.
9.1.4 Payment for Labor and Materials - The Contractor shall pay and require its
subcontractors to pay any and all accounts for labor including worker's compensation
premiums, state unemployment and federal social security payments and other wage and
salary deductions required by law. The Contractor also shall pay and cause its
subcontractors to pay any and all accounts for services, equipment, and materials used by
the Contractor and its subcontractors during the performance of work under this Contract.
Such accounts shall be paid as they become due and payable. If requested by the City, the
Contractor shall furnish proof of payment of such accounts to the City.
9.2 Partial Payments
In consideration of the faithful performance of the work prosecuted in accordance with the
provisions of these Specifications and the Contract, the City will pay the Contractor for all such work
installed on the basis of percentage completion.
Payments will be made by the City to the Contractor on estimates duly certified and approved by
the Public Works Maintenance & Operations Superintendent , based on the value of equipment
General Conditions 1400-26
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 Public Works
Maintenance & Operations Superintendent shall review the submitted estimate, and upon approval,
the Contractor may submit a detailed invoice for those amounts approved by the Public Works
Maintenance & Operations Superintendent .
If requested, the Contractor shall provide such additional data as may be reasonably required to
support the partial payment request. If the Public Works Maintenance & Operations Superintendent
does not agree with the Contractor's estimate of amount earned, the partial payment request will be
returned for revision. The Public Works Maintenance & Operations Superintendent 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 Public Works Maintenance & Operations
Superintendent’s evaluation, the Public Works Maintenance & Operations Superintendent will
calculate the amount due the Contractor, prepare the progress payment request for signature by the
Contractor, and submit the recommended progress payment request for the City's approval and
processing. Payment will be made by the City to the Contractor in accordance with City's normal
accounts payable procedures; the City shall retain amounts in accordance with Paragraph
1400-9.4, Right to Withhold Amounts.
No such estimate or payment shall be required to be made, when in the judgement of the Public
Works Maintenance & Operations Superintendent , the Work is not proceeding in accordance with
the provisions of the Contract, or when in the Public Works Maintenance & Operations 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 MAY deduct from each partial payment and retain as part
security, ten (10) percent of the amount earned until the final payment.
Pursuant to Public Contract Code Section 22300, for monies earned by the Contractor and
withheld by the City to ensure the performance of the Contract, the Contractor, may, at his
or her option, choose to substitute securities meeting the requirements of said Section
22300. In the event the Contractor desires to choose this option, the Contractor shall enter
into an escrow agreement with the City, and the escrow agent, a qualified bank to be
chosen by City, in the form of the 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.
General Conditions 1400-27
Contractor shall have the obligation of ensuring that such securities deposited are sufficient
so as to maintain, in total fair market value, an amount equal to the cash amount of the
sums to be withheld under the Contract. If, upon written notice from the City, or from the
appropriate escrow agent, indicating that the fair market value of the securities has dropped
below the dollar amount of monies to be withheld by the City to ensure performance,
Contractor shall, within five days of the date of such notice, post additional securities as
necessary to ensure that the total fair market value of all such securities held by the City, or
in escrow, is equivalent to the amount of money to be withheld by the City under the
Contract.
Any Contractor that desires to exercise this option shall give notice in writing to City, and
shall thereafter execute the escrow agreement form provided in Appendix A of these
Specifications.
9.4.2 Other Withholds - In addition to the amount which the City may otherwise retain
under the Contract, the City may withhold a sufficient amount or amounts of any payment or
payments otherwise due the Contractor, as in its 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.
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 project 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 1400-28
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 Warranty of Title
No material, supplies, or equipment for the work under this Contract shall be purchased subject to
any chattel mortgage, security agreement, or under a conditional sale or other agreement by which
an interest therein or any part thereof is retained by the seller or supplier. The Contractor warrants
good title to all material, supplies, and equipment installed or incorporated in the work and agrees
upon completion of all work to deliver the premises, together with all improvements and
appurtenances constructed or placed thereon by the Contractor, free from any claim, liens, security
interest, or charges, and further agrees that neither the Contractor nor any person, firm, or
corporation furnishing any materials or labor for any work covered by this Contract shall have any
right to a lien upon the premises or any improvement or appurtenances thereon.
End of Section 1400
4000-1
SECTION 4000
REPORTS AND SCHEDULES
The Contractor, as part of this agreement, will submit weekly reports of planned work and schedules via
email as requested. Failure to submit reports and schedules in the time specified will result in a delay of
monthly payments or a Performance Deficiency Deduction. Such reports must be detailed and thorough
and may include but not be limited to the following:
A. Suggestions for improving problem areas.
B. Reports of work planned.
C. Cost information to perform extra work for upgrading specific areas.
D. Bi-Weekly Maintenance Schedule(s).
1. Contractor shall provide a Bi-weekly maintenance schedule to the City.
2. Notification of change in scheduled work must be received by the City at least 12
hours prior to the scheduled time for the work.
5000-1
DIVISION 5
SECTION 5000
FORMS
FORM 1
CITY OF LA QUINTA
PERFORMANCE DEFICIENCY DEDUCTION
Notification to:
Date: Time: Method:
The following performance deficiency(ies) has been observed and requires immediate attention to correct.
Location/Description:
Value of Deduction: $
City representative to check deficient items and comment (if applicable) below:
1. Performance deficiency up to $200.00 per instance.
2. Failure to provide adequate equipment and/or staffing. Deduction of up to $200.00 per
instance/per workday.
3. Failure to protect public health and/or correct safety concerns.
4. Failure to submit a bi-weekly schedule.
5. Failure to program controllers per City -provided schedule.
6. Failure to manage the City-approved quality control program.
7. Failure to correct minor lighting deficiency in time frame.
8. Other:
Please initiate the necessary corrective action(s) and notify the Public Works Maintenance & Operations
Superintendent when complete for re-inspection.
__________
Public Works Maintenance & Operations Superintendent
Public Works Deputy Director
(See attached Contract Maintenance Incident Report for additional correctional information)
5000-2
5000-3
FORM 2
LANDSCAPE LIGHTING MATERIAL PURCHASE REQUEST
DATE:
ITEM
QUANTITY
DESCRIPTION
USE LOCATION
REASON
USE DATE
1.
2.
3.
4.
5.
6.
7.
7.
8.
10.
Maintenance Area Requested By:
Contractor Inspector Approval:
Purchase Date Invoice/Order No.
Note: All old parts must be returned to the Public Works Maintenance & Operations Superintendent with copy of this form.
5000-4
5000-5
FORM 3
LANDSCAPE LIGHTING MANAGEMENT FORM
NAME: Location:
DATE: CONTRACTOR:
TIME IN: TIME OUT:
Stations 1 - 24
System Number
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Okay
Fixture Broken
Timer Adjustment
Bulb
Replacement(s)
Photo Cell
Wiring Short Circuit
Other
LANDSCAPE LIGHTING CONDITION:
5000-6
FORM 5
BI-WEEKLY MAINTENANCE SCHEDULE
LIGHTING MAINTENANCE AREA
NO AND DESCRIPTION
WEEK
DAY
WORK TYPE CURRENT OR MAKE-UP
WORK
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
Report Comments:
5000-6
5000-7
FORM 4
LIGHTING TIMER PROGRAM SCHEDULE VERIFICATION FORM
DATE TIMER REVIEWED:
LOCATION OF TIMER (REFER TO CITY I.D. MAINTENANCE AREA NUMBERS):
_
RECOMMENDATIONS FOR MODIFICATIONS TO CURRENT SCHEDULE:
LIGHTING TIMER REVIEWER:
______
NAME TITLE
DATE
5000-8
APPENDIX
Landscape Lighting Maintenance Proposal Schedule
Fiscal Year 2024/25
FACILITY
# Of
Lights
1 Acacia Median (Seeley Dr)20
2 Acacia Perimeter (Miles Ave)4
3 Adams - BRIDGE 40
4 Adams St Median (Ave 48-Hwy 111)17
5 Airport Blvd/ Ave 56 Median (Madison St to Monroe)28
6 Auto Center Dr Median/Round-A-Bout 6
7 Ave 50 Median (Eisenhower Dr-Washington St)68
8 Ave 50 Median (Evac Channel- Jefferson St.)24
9 Ave 52/Calle Sinaloa Median (Eisenhower Dr to Desert Club Dr.)24
10 Ave 52 Median (Washington St to Jefferson St.)150
11 Ave 54 Median (Jefferson St-Madison St)105
12 Avenida Bermudas (Ave 52- Main St.)34
13 Avenida Bermudas Median (Montezuma to Tampico)4
14 Avenida La Fonda Median (Avenida Bermudas-Desert Club Dr)40
15 Avenida Montezuma at Avenida Navarro ( Round- A -Bout)8
16 Avenida Montezuna/Bermudas City Parking Lot 15
17 Cactus Flower Entrances (Dune Palms Rd)16
18 Cactus Flower Perimeter (Fred Waring Dr & Dune Palms Rd)54
19 Calle Estado Median (Avenida Bermudas-Desert Club Dr)49
20 Calle Tampico Median (Eisenhower Dr-Washington St)48
21 Civic Center Perimeter (Calle Tampico/Washington St)96
22 Del Rey L.Q. Norte Perimeter (Miles Ave)4
23 Desert Club (Ave 52 to Calle Tampico)13
24 Desert Club Manor/Saguaro (Saguaro Park)6
25 Eisenhower Dr Median (Avenida Bermudas-Calle Madrid)14
26 Eisenhower Dr Median (Calle Madrid-Calle Colima)15
27 Eisenhower Dr Median (Calle Colima to Nogales)15
28 Eisenhower Dr Median (Calle Nogales-Calle Tampico)50
29 Eisenhower Dr Median (Calle Tampico to Ave 50)15
30 Eisenhower Dr. Median ( Fernando Dr to Coachella Dr)25
31 Eisenhower Dr. Mediam (Coachella DR to Washington St.)75
32 Entrance Monument (Home Depot) Hwy 111/ Jefferson 17
33 Entrance Monument (Hwy 111/ Plaza La Quinta)15
34 Fire Station - #93 (Adams St. N of Miles Ave)9
35 Fire Station #70 - P.G.A. West Perimeter (Ave 54/Madison St)30
36 Fire Station #32 (Ave 52 @ Desert Club)15
37 Village Medians (Estado & Bermudas)4
38 Village (Estado & Desert Club))4
39 Village (La Fonda & Bermudas)4
40 Village (La Fonda &Desert Club)4
41 Fountain (Hwy 111 & Washington) LG's 8
42 APP Dancing Fairies & Electrical System (78495 Tampico) City Hall 4
43 Fredwaring Dr. (Palm Royal to Jefferson St)133
44 Hwy 111 (West of Adams ST. to Jefferson St.)120
45 Jefferson St Median (Hwy 111-Ave 54)164
46 Jefferson St Median (Hwy 111-Westward Ho)37
Landscape Lighting Maintenance Proposal Schedule
Fiscal Year 2024/25
FACILITY
# Of
Lights
47 Jefferson St Bridge 40
48 Library Parking lot & Perimeter 75
49 L.Q. Del Oro Perimeter & Median (Via Sevilla)20
50 L.Q. Del Oro Perimeter (Washington St)12
51 L.Q. Highlands Perimeter & Median (Las Vistas Dr)23
52 L.Q. Highlands Perimeter (Fred Waring Dr)4
53 Maintenance Yard Parking Lot 60
54 Madison St Median (Airport Blvd-Avenue 58)46
55 Madison St, Ave 54 to Ave 56 53
56 Madison St, Ave 52 to Ave 54 65
57 Marbella Perimeter (Miles Ave/Adams St)3
58 Quinterra Perimeter (Miles Ave & Adams Street)28
59 Rancho Ocotillo Perimeter (Adams St)32
60 Rancho Ocotillo Perimeter (Fred Waring Dr)16
61
Wellness Center Parking Facilities
(Avenida La Fonda/Calle Guatemala)34
62 Wellness Center Perimeter (Avenida La Fonda/Calle Guatemala)53
63 Topaz Perimeter (Dune Palms Rd/Miles Ave)3
64 Washington St Median (Ave 50 to Ave 52)45
65 Washington St Median (Ave 48 to Ave 50)75
66 Washington St Median (Ave Ave 47 to Ave 48)41
67 Washington St Median (Fred Waring Dr-Miles Ave)61
68 YMCA & Parking Lot (Moon River)10
Total 2,449
Cactus
Flower
Esplanade
Monticello
Wild
FlowerSun
Flower
Jefferson
Square
La Quinta
PalmsRancho
Ocotillo
Quinterra
SonrisaDesert
Flower
La Quinta
Highlands
AcaciaLa Quinta
Del Oro
Palm Royale C.C.
Bella Vista
Starlight
Dunes
Desert Pride
(Reunion)
Marbella
Point
Happy
Estates
Del Rey
Topaz
Aliso Del Rey
Aliso II
Highland
Palms
Rancho La Quinta
Miraflores
Watercolors
Desert Cove
Lake
La Quinta
Hadley
Villas
Hidden Canyon
Laguna De La Paz
Legacy Villas Rancho La Quinta
Talante
Renaissance
Althea
Parc La Quinta
Desert Club
Manor TR 1
Montero
Estates
La Quinta
Golf Estates
La Quinta
Club & Resort
Lago La Quinta
La Quinta
C.C. Estates
Villas of
La Quinta
Haciendas at
La Quinta
The
Seasons
Duna La Quinta
La Quinta
Fairways
Bajada
Painted
Cove
The Citrus
Desert
Club
TR
Unit 5
Estancias Palmilla
Watermark
Villas
Citrus
El Dorado
Gold
Reserve
Mountain View C.C.
La Quinta
Polo Estates
Diamante
La Canterra
Polo
Estates
La Quinta
Polo Estates
Codorniz
The Hideaway
Madison Club
Rancho Santana
Carmela
Griffin Ranch
PGA West
Greg Norman
Monterra
The Estates at
La Quinta
PGA West
Legends
The Village
at the Palms
Capistrano
Piazza
Serena
Andalusia
Trilogy
Palizada
Village at
Coral Mtn.
Stone Creek
Ranch
Coral Mtn
Estates
PGA West
Palo
Verde
Santa
Rosa
Trails
Alta
Verde
Lions
Gate
Santerra
The Quarry
Puerta Azul
PGA West
Residence Club
Silver Rock
Resort
Tradition
Malaga
YMCA
Cove
Oasis
La Quinta
High School
Vista
Dunes
Fire Station #93
Fire Station #70
Fire Station #32
La Quinta
Entrance Monument
La Quinta
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AvenidaDiazAvenidaRubioC a l l e C h i h u a h u a
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R o s a
MonroeStP ir ke r D rCounty of Riverside, California State Parks, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS, Maxar
L a n d s c a p e M a i n t e n a n c e M a p
FRED WARING DR
JEFFERSON STDUNE PALMS RDWASHINGTON STWASHINGTON ST48TH AVENUE
JEFFERSON ST52ND AVENUE
CALLE
TAMPICO
MADISON ST54TH AVENUEMADISON ST58TH AVENUE
Maintenance and Operations Department
Maintenance Division
Contact: Tony Ulloa, Deputy Director
Email: tulloa@laquintca.gov
Direct Tel. (760) 777 - 7026
Public Works/Engineering Department
Engineering Division
GIS Contact: Ubaldo Ayón, Assistant Construction Manager
Email: uayon@laquintaca.gov
Direct Tel. (760) 777-7051
AIRPORT BLVD.
MILES AVENUE
·|}þ1 1 1
·|}þ1 1 1
0 0.25 0.5 0.75 1
MilesADAMS ST.FRED WARING DR
MILES AVENUE
50TH AVENUE
52ND AVENUE
48TH AVENUE
50TH AVENUE
CALLE
TAMPICO
AVENIDA BERMUDASEISENHOWER DRAVENIDAMONT
E
Z
U
M
A
54TH AVENUE
58TH AVENUE
60TH AVENUE
62ND AVENUEMONROE STMONROE STDate: March 27th, 2024
This map is for reference only.
City Limits
Parkways Maintained by HOA or Property Owners
Parkway Maintained by LLD (~90,000ft)
Parkway Maintained by LLD (Wall Adjacent ~36,005ft)
Facilities Maintained by LLD
Retention Basins and Other Areas
Parks and Civic Facilities
CALLE RONDOPARK STCALLE SINALOA DESERTCLUB DRSAGEBRUSH AVECALEO
CALLE TECATE
53RD AVENUE
EISENHOWER DR
47TH AVE
SIMON
DR
SEELEY
DR
AUTO
CTR DR
WESTWARD HO DR
BAYCactus Flower
Mini Park
Adams
Park
Colonel Mitchell Paige
Sports Fields
Pioneer Park
Monticello
Park
Desert Pride
Park
La Quinta
Park
La Quinta
X Park
La Quinta
Sports Complex
Seasons
Park
Civic Center
Campus & Park
Bear Creek
Trail
Fred Wolff
Nature Preserve
Fritz Burns
Park
Cove Trailhead &
Parking LotBear Creek
Trail
Eisenhower
Park
Velasco
Park
SRR Event
Park
Saguaro
Park
¯
Cove Trailhead &
Parking Lot
ATTACHMENT 2
INSURANCE REQUIREMENTS ACKNOWLEDGEMENT
Must be executed by proposer and submitted with the proposal
I, ________________________________________ (name) hereby acknowledge and confirm that
__________________________________ (name of company) has reviewed
the City’s indemnification and minimum insurance requirements as listed in Exhibits E and
F of the City’s Agreement for Contract Services (Attachment 1); and declare that insurance
certificates and endorsements verifying compliance will be provided if an agreement is awarded.
I am _________________________________ of ______________________________,
(Title) (Company)
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence); $2,000,000 (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
Worker’s Compensation (per statutory requirements)
Must include the following endorsements:
Worker’s Compensation Waiver of Subrogation
Worker’s Compensation Declaration of Sole Proprietor if applicable
ATTACHMENT 3
ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA
Must be executed by proposer and submitted with the proposal;
If no addenda has been issued, mark “N/A” under Addendum No. indicating
Not Applicable and sign
ADDENDUM NO. SIGNATURE INDICATING RECEIPT